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2020-12-22 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 22, 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/84044768633 Or join by phone: 1-669-900-6833 Webinar ID: 840 4476 8633 ROLL CALL ATTENDANCE PRESENT Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Jessica Perreault Councilman Joe Borton ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve the consent agenda made by Councilman Bernt, Seconded by Councilman Cavener. Voting Yea: Councilman Hoaglun 1. Approve Minutes of the December 8, 2020 City Council Work Session 2. Approve Minutes of the December 11, 2020 City Council Special Meeting 3. Final Plat for Chukar Ridge (FP-2020-0012) by Kristen McNell of The Land Group, Located at 4005 N. McDermott Rd. 4. Final Order for Brody Square (FP-2020-0010) by Ian Connair of Kimley-Horn & Associates, Located on the Northeast and Southeast Corners of N. Black Cat Rd. and W. Daphne St. 5. Final Order for Hensley Station No. 2 (FP-2020-0011) by Kent Brown Planning Services, Located at 462 N. Black Cat Rd. 6. Findings of Facts, Conclusions of Law for for Ada County Coroner (H-2020-0085) by Lombard Conrad Architects, Located at 173 N. Touchmark Way 7. Findings of Fact, Conclusions of Law for Goddard Creek Subdivision (H-2020- 0092) by Conger Group, Located in the Northwest Corner of W. McMillan Road and N. Goddard Creek Way 8. Findings of Facts, Conclusions of Law for Landing South (H-2020-0005) by Jim Jewett, Located at 660 S. Linder Rd. 9. Development Agreement Between the City of Meridian and Jarron Langston for Epic Storage (H-2020-0058) 10. Development Agreement Between the City of Meridian and Corey D. Barton (Owner) and Southpoint Estates LLC (Developer) for Sagewood West (H-2020- 0038) 11. Development Agreement Between the City of Meridian and Smith Brighton, Inc. for Apex (MDA H-2020-0066) 12. Approval of Grantee Agreements for the Meridian Small Business Grant Program 13. City Utilities Reimbursement Agreement Between the City of Meridian, Idaho Transportation Department, and CenterCal LLC for City Water Utility Improvements Necessitated by Meridian Town Center (Village) STAR Program Phase 3 Improvements 14. Memorandum of Agreement for Contribution to Streetscape Improvements Between the Meridian Development Corporation and the City of Meridian 15. Memorandum of Agreement for Contribution to Historic Banners Between the Meridian Development Corporation and the City of Meridian 16. Resolution No. 20-2249: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President’s Appointments of City Council Members to Serve as Department Liaisons, Committee Members, Commission Ex- Officio Members, and Providing an Effective Date 17. Resolution No. 20-2250: A Resolution of the Mayor and City Council of the City of Meridian Adopting the City of Meridian Strategic Plan 2021-2025 18. Resolution No. 20-2251: A Resolution of the Mayor and the City Council of the City of Meridian Approving a Farm Lease Agreement Between the City of Meridian (Lessor) and Louie Asumendi (Lessee) for Approximately 40 Acres of Real Property Located on N. Ten Mile Road, North of W. Ustick Road for Wastewater Treatment Expansion, Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 19. Police Department: Annual Report 20. Community Development Department: Service Accessibility Tool Update EXECUTIVE SESSION 21. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Vacated ADJOURNMENT 5:38 pm Item#3. Meridian City Council Work Session December 22, 2020. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, December 22, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Treg Bernt, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton and Jessica Perreault. Also present: Chris Johnson, Bill Nary, Caleb Hood, Jeff Lavey, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will call this meeting to order. For the record it is Tuesday, December 22nd, 2020, at 4:32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Brent. Bernt: Mr. Mayor, I move that we adopt the agenda as published. Cavener: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. The agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the December 8, 2020 City Council Work Session Page 69 Meridian City Council Work Session Item#3. December 22,2020 Page 2 of 18 2. Approve Minutes of the December 11, 2020 City Council Special Meeting 3. Final Plat for Chukar Ridge (FP-2020-0012) by Kristen McNeil of The Land Group, Located at 4005 N. McDermott Rd. 4. Final Order for Brody Square (FP-2020-0010) by Ian Connair of Kimley-Horn & Associates, Located on the Northeast and Southeast Corners of N. Black Cat Rd. and W. Daphne St. 5. Final Order for Hensley Station No. 2 (FP-2020-0011) by Kent Brown Planning Services, Located at 462 N. Black Cat Rd. 6. Findings of Facts, Conclusions of Law for Ada County Coroner (H-2020-0085) by Lombard Conrad Architects, Located at 173 N. Touchmark Way 7. Findings of Fact, Conclusions of Law for Goddard Creek Subdivision (H-2020-0092) by Conger Group, Located in the Northwest Corner of W. McMillan Road and N. Goddard Creek Way 8. Findings of Facts, Conclusions of Law for Landing South (H-2020- 0005) by Jim Jewett, Located at 660 S. Linder Rd. 9. Development Agreement Between the City of Meridian and Jarron Langston for Epic Storage (H-2020-0058) 10. Development Agreement Between the City of Meridian and Corey D. Barton (Owner) and Southpoint Estates LLC (Developer) for Sagewood West (H-2020- 0038) 11. Development Agreement Between the City of Meridian and Smith Brighton, Inc. for Apex (MDA H-2020-0066) 12. Approval of Grantee Agreements for the Meridian Small Business Grant Program 13. City Utilities Reimbursement Agreement Between the City of Meridian, Idaho Transportation Department, and CenterCal LLC for City Water Utility Improvements Necessitated by Meridian Town Center (Village) STAR Program Phase 3 Improvements 14. Memorandum of Agreement for Contribution to Streetscape Improvements Between the Meridian Development Corporation and the City of Meridian Page 70 Meridian City Council Work Session Item#3. December 22,2020 Page 3 of 18 15. Memorandum of Agreement for Contribution to Historic Banners Between the Meridian Development Corporation and the City of Meridian 16. Resolution No. 20-2249: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons, Committee Members, Commission Ex-Officio Members, and Providing an Effective Date 17. Resolution No. 20-2250: A Resolution of the Mayor and City Council of the City of Meridian Adopting the City of Meridian Strategic Plan 2021-2025 18. Resolution No. 20-2251: A Resolution of the Mayor and the City Council of the City of Meridian Approving a Farm Lease Agreement Between the City of Meridian (Lessor) and Louie Asumendi (Lessee) for Approximately 40 Acres of Real Property Located on N. Ten Mile Road, North of W. Ustick Road for Wastewater Treatment Expansion, Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date Simison: Next item is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda. For the Mayor to sign and for the Clerk to attest. Cavener: Mr. Mayor, second the motion. Simison: I have a motion and a second to approve the Consent Agenda as presented. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. Consent Agenda -- all items are adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: Moving on. There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Page 71 Meridian City Council Work Session Item#3. December 22,2020 Page 4 of 18 19. Police Department: Annual Report Simison: So, we will go right into Department/Commission Reports and first up is Item 19, our Police Department Annual Report and I will turn this over to Chief Jeff Lavey. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Chief, there is no crying tonight, buddy. Lavey: I wouldn't cry for you. Mr. Mayor, Council, thank you for the time. As you know every December it's the time for the Police Department's annual report and what's unique about today is this will be my last annual report, as I leave the city for my next chapter. So, really, the purpose today is to just talk about what's been going on and -- and where we are heading -- and I had not used this new system, Chris. So, do we just -- there we go. This mission is here just for you to read. I will share with you that this was adopted about 16, 17 years ago, maybe just a little bit longer. We had a command staff meeting several years ago to discuss whether it should be updated and we left it as it is. It really is what we are all about. A three pronged approach. It's not just about throwing people in jail. It's about preventing crime. It's about educating our citizens. But one of the things that we learned over the years is that we cannot do this job alone, that we have to rely on everybody within our community to make it a great place and, then, our vision there as well is the Meridian Police Department is a premier organization, valued for our innovation, positive culture, community partnerships and core values. This may change with the new leadership, but that's currently where we are at with our vision. So, every year we update you on some key performance indicators and one of the most important things that we always discuss first is our response times. That's really what's critical. How long do you have to wait until you get a police officer at your door. We break it down into priority one, priority two and priority threes. Priority ones are the least priority and priority threes is the most serious and so as you can look at the chart, priority threes are at the bottom and it's 3.34 minutes and that seems pretty good, especially when you look at 2019 and it's definitely an improvement. But this is how long you have to wait for a police officer to come to your door after calling 911. That three minutes could be a lifetime to people that are in distress. So, we strive to keep it around three minutes, but if we are in that three to five minute range we are doing really really well. And, then, priority twos are just a little bit more important type calls. Priority threes -- I mean priority ones are report-type calls. So, if you call police -- the police department on average you have got to wait about ten minutes to get an officer to your door to take a police report. I will stress that these are averages. So, some people may get immediate results, some people may have to wait a little bit longer. So, you are going to see a trend over these next couple of charts. One of the things that we have been faced with this year for the last ten months or so -- actually, maybe it's a little longer than that -- is the pandemic and the pandemic has had an effect on calls for service and as you can see there last year we were at 57,896 calls for service. This year we are trending at 53,171, which is approximately an 18 percent decrease due to COVID. I guess if you are going to see a positive in what we Page 72 Meridian City Council Work Session Item#3. December 22,2020 Page 5 of 18 have been going through, the fact that we are actually having less need for police officers is -- is about the only positive. Crashes. Again, you are going to see -- the average is around 18, 19 percent. It fluctuates back and forth. But if you just look at -- there is -- there is a trend of about an 18 percent increase on a lot of our key performance indicators. Last year 17 -- or 17,185 crashes. This year we are at 14,055 crashes. Citations. Again, you will see the trend 19,177 last year, 15,602 this year. And, then, there is our effect on the actual reports that we have written. Also a decrease. Well, one of the things that has not decreased, though, is the public records requests and this figure always seems to blow me away when you compare the rest of the city to the police department and we have seen an area of increase here. But we had 8,163 public records requests for the year 2020 so far. It's an increase of about 40 -- can't do the math here, but 45 or so increase over last. Simison: Chief, before we move on, just curious. Are you making any correlation -- your reduction in time to get places, because you had fewer places to go and is that a safe assumption or were we that much faster in the cars or what would be your -- Lavey: So, I -- there is always -- when we do our trends we always have to make assumptions analysis, our best guesses. That would definitely be one of the reasons. I don't know if it's the only reason, but, yes, that is a fair assumption. Hands free driving in Meridian. This is one of our proudest moments. I wanted to -- we talked about this last year, because we were successful in getting a city ordinance and you know that it didn't come without a fight and I realize that there was people that supported it and there was people that didn't support it. But since, then, it became state law and we worked real hard -- and when I say we -- law enforcement and other stakeholders worked really hard trying to get the legislature to come up with a state law so we were consistent across the state of Idaho. Then the pandemic hit and this was still tied up in the legislature and I didn't think it was going to make it out and they suspended some of the rules. Senator Winder pushed it forward, they voted on it, and the governor signed it approximately five days later. What's unique about this is that the last six months has been the educational period under the state law and we have written -- under the city ordinances we wrote 166 warnings, 254 citations, and, then, we have given out 179 warnings so far under this new state -- state law through -- actually, no. Two hundred and eighty-three warnings from July when this law went into effect until now. The reason why I wanted to mention this is because enforcement starts under the state law January 1 st. So, we are going to be doing a campaign to advise our citizens that it's coming, because, unfortunately, people still don't get it. We have seen a major major improvement, but still we see people on the phones creating distractions every single day. We are going to get into a little bit on the PAM model, patrol allocation model. We have to set some goals in there as far as what we would like to see as far as public initiated calls, officer initiated calls, and, then, administration. On the right hand side you are going to see a 30 percent public initiated calls, 55 percent officer initiated. Those are subject to our -- our decisions. You know, that's just one of the things that we came up with and said we would like to see proactive versus reactive enforcement in the city. The 15 percent is not determined by us, it's determined by the courts, how often we are in court, how often we are writing reports and stuff like that. The graph on the left is what our current stats are charting. Our public Page 73 Meridian City Council Work Session Item#3. December 22,2020 Page 6 of 18 initiated calls for service are 47 percent and our officer initiated are 40 percent -- 43 percent, which means that we are responding more to citizens requests than we are on officer initiated, which means our proactive enforcement is dropping. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If I could ask a quick question about that. I probably would forget later on. Is that -- is that really a goal or is it just sort of a function of what's going on? Right? Like I -- just coming in without a lot of background in it, I would think that citizen initiated calls isn't a bad thing. Does it mean that we are giving up on something else or -- give me a flavor for that goal. Lavey: So, it's both. So, one is actual a goal. The other one is actual results. One of the things that we pride ourselves on is having one of the safest cities in the state. In order for us to do that it involves a lot of proactive type enforcement. So, when the officers are tied up on calls for service and not available to go out there on their random patrols, ultimately it's going to affect the status of your safe city. So, it's -- it's a fact of life is that's what we are dealing with, but if you can trend and have more time for proactive enforcement, then, there is less need to respond to citizen's calls for service. It's not a bad thing, but it's better if we have less need for our services, I guess. So, hopefully, that answers the question. Strader: Yeah. I think it answers my question I guess. Yeah, it sounds like we will have a future session next month to dig into a bunch of details on a lot of different topics, but I appreciated the overview. I didn't necessarily take it as a bad thing, but -- but I guess if -- it sounds like -- to repeat what you just said -- if -- and make sure I'm understanding -- really what it means is we are getting so many calls and our resourcing -- resourcing is such that we are not able to do as much of the patrol work and community facing work as we would like to ideally. Lavey: That -- Mr. mayor, Council Woman Strader, that's -- that's an exact fair statement. I don't believe I put the stats in here, but you are going to see our community programs that we often do has also dropped this year, just because we haven't had the time to -- or the officers to do those sorts of programs. I believe it was also one -- one area for the first time ever that we took a -- took a hit in our community survey where we actually saw a drop in the number of programs that the police department provided this past year and that is another area of why. Strader: Thank you. Lavey: You heard me talk about the PAM model. I know there is a couple Council Members that aren't quite as familiar with it and I know that the Mayor has also asked for some additional information on it. So, I'm -- this is going to be the very quick executive summary portion of it is it is an Excel program that was developed in the 1970s to measure Page 74 Meridian City Council Work Session Item#3. December 22,2020 Page 7 of 18 patrol staffing in cities. It takes a series of inputs that we program in there. Some of those inputs are predetermined, such as how many hours officers train. How many hours the city gives them in vacation. Some of those inputs vary and they change year by year by types of roadways, speeds of the roadways, calls for service and such. When you put all those together it produces an output and the output indicates how many officers it will take to be able to service the city. Last year we were sitting at 88 officers under the model, but because of COVID we are down to 85. So, it's -- what it does is it looks at your calls for service and all those other inputs and says this is how many officers we need for our city. We will tell you that we are currently appropriated for 82. So, the model would indicate three additional officers based on COVID standards, but you are probably going to get faced with the need for six additional officers in the near future if we ever get past this pandemic and the PAM model was adopted by City Council a couple years ago. It's the most conservative model out there. There is a couple other models -- well, there is three other models out there. Two of the models involve benchmark cities and officers per thousand. The other one takes five particular -- I don't recall what they are. It takes five input areas -- or inputs only and makes a determination. Both of those models will show you a higher amount of officers. And, then, the third model is swag or just a guess. You know, whatever you feel is -- is the right for your community. So, we have adopted this. We are going to give the Mayor a presentation on January 5th and have him have an in-depth review and have the ability to do questions and answers at that time. I already told you this, but this is just a chart of how many officers -- it's actually 85.4, but I haven't figured out how to get that .4, so we rounded it down. I should have rounded it up. I had nothing to lose. Just some of the things that we want to talk about as far as some of our proud moments. You will recall several years ago we came in front of you to introduce a Meridian-Nampa joint police academy. We are currently in class number three. We have eight officers in that class. We are still in the hiring process though. We are hiring three openings. Actually, soon to be four. Nonsworn we have seven openings and, then, we have six potential employees and backgrounds for those positions. There is an academy graduation coming up and we will get that to you on your calendars. So, if you want to -- if you want to show up. I think this one's here in Meridian. Yes? Yes. It's here in Meridian. It will be at the -- at the school district, as long as we can get in there. Meridian-Nampa police academy number four is slotted for April of 2021. We have two to three officers slotted for that. That is two openings that we currently have and, then, the third is the -- the slot that's currently frozen. So, wanted to share this with you all. I know you are aware of this and, really, it's in here mainly for our citizens that go back and -- and watch this later on. Our public outreach has increased drastically after hiring a PIO. She's in the back of the room. Stephany Galbraeith. I just want to thank her for expanding on the great foundation that we already had. Deputy Chief Basterrechea did a great job with the media. A group of us would stay in touch for the social media, but since Stephany's taken over it's just been unbelievable the positive results. Kind of humanizing the badge and other great stories out there. The feedback has just been phenomenal. But we do have a Facebook page, Instagram, Twitter. We still operate off of NextDoor and, then, a partnership with the Ring program as well. Lastly on the public outreach, we -- a couple years ago -- I'm not sure how long it's been. We approached you on having Nixle and it's an opt-in program where you can get messages from the police department. So, we send all of our important messages and our media releases out via Nixle and, then, how you Page 75 Meridian City Council Work Session Item#3. December 22,2020 Page 8 of 18 specify to get -- you want the report, you can get it either text or a phone call or e-mail or all three. I figured this was probably a good time to highlight our command roles with the -- the changing of the guard as you would say. We did an assignment change a few months ago and so this is our current assignments. Lieutenant Brown, Caldwell, Ford, and Leslie are assigned to the patrol division. Lieutenant Stokes -- Stokes is -- is the detective division. Lieutenant Harper is over the community service division and Lieutenant -- Lieutenant Colaianni is office of professional standards, who oversees training, internal investigations, and hiring. If you recall over the last budget year we had a series of capital projects listed in there. A couple of small ones and a couple of larger ones. I can say that the parking lot expansion at the police department is complete. That was one of the smaller ones. We are in the process of building our public safety scenario village. Most of you were there for the ribbon cutting. I can tell you that they were doing fill-in yesterday. Last week they put the steel girders in for the basement. Block is supposed to come within the next two weeks and you will start seeing walls on the site. So, right now they are estimating they are about two and a half weeks ahead of schedule. That always will change. They could be behind, they could be ahead, but right now they are two and a half weeks ahead, which is good and the most awesome thing is we are still within budget. There is -- if you recall, the -- the building remodel of the headquarters building. It was tabled until we got far enough along on the scenario village and our architects -- I believe they -- right after the holidays they have a meeting scheduled to start on the design work of the remodel within the headquarters building. And, then, we have discussed this before. We are in the design stage of the precincts. I have seen the footprints. I have seen the layouts on the land. I do know that an agreement has been presented for some of the property up north. I think you will hear about that later. And that our intent is to have something -- it won't be quite shovel ready, because we are not going to that extent on the plans until we know timelines. We will have some best guesses of costs for the 2022 budget discussions. That is the last of my formal presentation. Had a couple of additional remarks. I know that Council Woman Strader had asked me some of the challenges that we face in law enforcement and I know that we are going to have that discussion I believe in two weeks, January 5th, but I just wanted to highlight a couple of things for you as -- to put on your radar. Some of you may have heard the story that my retirement is about four months earlier than I anticipated, just because of an opportunity that was presented. So, I happen to be retiring before any of my fellow coworkers were going to retire and they have been giving me a bad time, because we currently have six that have stated they are retiring in the next six months. So, you are going to have a major gap in experienced officers and I bring that up, because we are having a difficult -- not -- difficult enough time filling those positions, this is going to be even worse, because one of the other challenges that we are facing is do people really want to be in police work anymore and it's really based upon the national rhetoric that you hear -- that you hear. The good thing is is that we are kind of in a bubble here. That national rhetoric that you hear is -- is not really here. But, unfortunately, we have some people that move into the area they think it is and want to create issues and it's causing those that are contemplating retirement to say I'm done and it's also difficult to attract people to that profession. Now, I will say that we have had great results. We have had -- it comes in waves, so we don't always get a lot of good candidates. We weed out quite a few. But it does come in waves and we have a group of people that want to still be a Page 76 Meridian City Council Work Session Item#3. December 22,2020 Page 9 of 18 part of this profession and so it takes us eight or nine months at best to fill these positions, but we are trucking along because one of the things that we as a command staff have agreed on -- and I can say with one hundred percent surety that it will continue when I'm gone -- is that we will not lower our standards. It's very difficult to get hired on at Meridian, but when you do you are brought into a -- a family of caring people, yet we will hold you accountable to our expectations and if you can't meet those expectations you are gone. That's it. That's what our -- our community expects, that's what they deserve and that's what allows us to maintain that positive culture and that reputation that goes beyond the borders of the state of Idaho. So, those are just a couple of the things that -- that came up to mind that I present to you out of my own voice and, then, we have a list of -- of things to discuss in about two weeks. So, with that being said, Mr. Mayor, Councilman Bernt, there is no tears. I stand in front of you one last time for any questions or comments. Simison: Thank you, Chief. Council, any questions or comments? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Chief, I think Council President Bernt said no tears more probably for himself than for -- for anyone in the room. Thank you for the report and thank you for your dedication to our city. I have enjoyed being able to work alongside you with you in a number of different capacities. I have always found them to be rewarding. I appreciate the candid nature in which you conduct yourself. I know that we always don't see eye to eye, but I love that we are always wanting to try and see each other's perspective and I think that's something that is not found in very many communities across this country. You have done a masterful job of leading a department and there is no beating around the bush, the most challenging time in law enforcement history, and I'm proud to say that you are our chief and it's going to be very hard to say goodbye to you. I'm very grateful, though, that you still kind of are going to be working for us and I am glad to know that we are going to have you as a -- as an asset and as an ally. You have done a great job of leading the department. I think you have always been a strong advocate for the Meridian Police Department, both our sworn and nonsworn officers, and really shining a light on both of them. Most importantly you have just been a strong advocate for our community. I appreciate it. And best of luck in your new chapter. Lavey: Mr. Mayor, Mr. Cavener, so now you are going to make it challenging for me, but, you know, you and I will probably be the two that see each other the most, because, you know, my new job has a lot of time at the Capitol and as it stands right now it looks like the legislative session is going to move forward. So, we will probably cross paths down there. But like I have told everybody is -- is I'm not leaving. I'm still there. I'm still available. I'm still kind of playing in law enforcement, just on the other side. But one of the things that -- just even in a meeting today on the sheriff's side, I realized that everything that we do -- it doesn't matter whether you are chief or whether you are sheriff, it's really kind of all the same and for the right reasons and tried to -- to make it better for Page 77 Meridian City Council Work Session Item#3. December 22,2020 Page 10 of 18 law enforcement and ultimately for our citizens in our -- in our state. So, I will still be rooting for us. I'm sure I will still be helping out the city side, even though I might have the county in my title. So, thank you for those words. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you so much, Chief. I have asked you a lot of questions and have a curious mind and have never let up, but I have gained such a huge respect for you and your team in that process and I hope you know it always came from a place of recognizing that we are doing a great job, but not wanting us to mess it up during this transition. I think you are leaving a great team behind you and I'm excited for you in this chapter. I hope you are still available, you know, as a resource and I guess I would just ask that, you know, if there is anything on your mind about the transition or concerns that you let us know. I have all the faith in the world that you are leaving us in great hands with your team. I just wanted to thank you for serving the community. Lavey: Mr. Mayor, Council Woman Strader, thank you for that. I will share a real quick story. As I walked by the deputy chief's office today I said, what, are you writing a book? And he said, no, I'm just preparing for the presentation next week. So, that's the kind of work that we do. We take it serious and when you have questions there is not a greater honor we have in answering those questions, because we have been an agency that has been proud of what we do, but not afraid to admit when we make mistakes. So, no apologies necessary for asking those questions. Much appreciated. Strader: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I just want to compliment you, chief, just what you talked about there. You know, not afraid to answer questions. If mistakes are made you admit it. Stand up to it. But that -- creating that culture of service and that accountability is not easy and -- and I think that's a testament to your leadership and you set the example for the officers. You set the standards high. You expect to have those results and that's a good thing and our community is better off for it and I really appreciate that and I know the next chief that we hire has big shoes to fill and -- and, of course, there is always ways to improve and we will expect that as well. But I just want to thank you for -- what was it, 35 years in law enforcement. That's -- that's a heck of an achievement. Twenty-four here at Meridian and 14 as the chief and we have had a lot of challenges. You know, when I first came on the Council the first time we were -- we were down -- in a downturn in the economy and the challenges of-- of keeping officers while funding is not available, trying to meet those needs in that type of economy and now we have got this huge growth and trying to keep up with the service calls and everything that's -- that's needed is -- and you have -- you Page 78 Meridian City Council Work Session Item#3. December 22,2020 Page 11 of 18 have been up to the task in all situations. So, thank you. I'm glad you are staying involved in the -- the challenges that face our state and that is greatly appreciated, because I think you have something to offer and we look forward to some good things that you are going to be doing for the citizens here in Idaho and law enforcement in particular. So, thank you, Chief. Lavey: Mr. Mayor, Councilman Hoaglun, yeah, we see --we have been reminiscing these past couple of weeks about how far we have become. This was a small tiny community of -- of -- and I know we are going to laugh when I say 28,000, but, you know, 28,000 to 120,000 today -- I was the 31 st officer in Meridian and now we have 128. We have seen a major growth in our city and it has not come without challenges. But I will say that every single year we have gotten better and better and better and what makes us successful is our expectations start before we even hire you and it starts with a screening and a background and boots on the ground, talking to your neighbors, talking to your spouse, talking to your coworkers before we even decide to let you in the door and, then, on day one we talk about history, expectations, and our CARE values and we hold everybody to those. So, that's what made us successful. I do know that it's much easier to not hire someone and than -- than get rid of someone that we shouldn't have hired and I have all the faith in the world that your command staff will stay on that trend, because it's -- it's -- it's not a fun process when you have to weed someone out that should have never been hired and so we do a really good job of -- of trying to get it right the first time. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Here come the tears. You know, Council Member Cavener knows me well. I -- I only tear up about things I love. I only tear up about things I'm passionate about and -- and tonight's a bittersweet day for me. For the city. I have a lot to say. My mind has been racing. But just some thoughts. Recently I was hit up on -- on social media by a gentleman I have never met and he used to work for the city in the police department. He no longer does. And he told me that there is not a day that goes by that he doesn't wish that he was working for this department and he -- in the -- the admiration that he -- that he has for you, for the deputy chief, and for this department and, honestly, I -- I -- I hear that all the time. I understand why you are leaving. You have other opportunities and I don't blame you. Something that you have been wanting to do for a long time. You are heavily involved with other legislative issues. You have made a difference down at the Capitol and it's the next step and we joke, we have fun, and I want you to know that -- that we are always close. I'm always close. The City of Meridian will always be close. Chief, you have done a great job. Stellar job. You have -- you have a lot to be proud of. It was said that, you know, you have been doing this for 14 years as the chief and you have seen the growth and you have seen where we were and where -- where we are at -- where we are at now and it's -- we are not the same city and -- and every city survey since then until now, the Meridian Police Department has high marks. You know that. And you know how I feel about first responders, the police department, the fire department and what the badge means to me and the citizens of this great city and so we are grateful Page 79 Meridian City Council Work Session Item#3. December 22,2020 Page 12 of 18 for you. Even more grateful that we have a succession plan in place that -- that -- that makes it so that there is confidence that moving forward the -- the city is -- is only going to get better and is going to be a city that -- that those that live here want and -- and with the services that they -- that they expect. But from your deputy chief, the command staff, your department, the family culture, the -- the community culture that you have made, thank you from the bottom of my heart. Lavey: Mr. Mayor, Councilman Bernt, I will share with you that I have worked for three chiefs of police here in Meridian and each one of them left under some sort of drama. Not bad, but some sort of drama. And I said today there is not a greater gift than to be able to leave on your terms without drama and that I better leave before I screw it up. So, thank you. Simison: Hey, chief, you and I have talked, you --we will have another opportunity to talk, but I'm just going to keep it simple, because I don't -- I'm learning I'm never going to follow Treg, you know, quite frankly. We are just going to let Treg go last or first and you can all follow him from that standpoint. But just a very simple thank you. I -- I have been here for the entire time you have been the chief and when I came on is when you became the chief and, you know, we have -- we have been able to both grow together personally, professionally through that time frame. It has been my honor to work with you and we will continue to work together I have no doubt. I have a strange feeling we will continue to grow more personally as well in ways that I still hope that will challenge us outside the halls of government and life and growth and on a very personal level you have been a chief with grace to show how you can do your job, be dedicated to it, raise your family, spend time with your family, step away and be a mentor to other people. The fact that your children are interested in your profession and are looking at that just says what -- what you do here you take home and you share it with them in a way that it's positive and building the next future leaders of your profession. So, congratulations to you on what am sure you would say -- you can throw out everything you have done every day that you come to work for the last 35 years and see what you have done at home with -- with your family and know that you have lived a life well and you have -- what you have done has made a huge impact across the board. So, appreciate you immensely and look forward to Jeff Lavey 2.0. Lavey: Mr. Mayor, I -- actually I will say I got it half right, because I got one son that's in the law enforcement field and the other one wants to go into the health -- health field. So, I don't know if that's 50 percent right or 50 percent wrong, but it's only 50 percent. I have a gift I would like to share with all of you as well. So, I thank you for your time today. Thank you. Simison: Thanks, Chief. And thank you for the rest of those from the department that were here to help answer any questions that may have come up, as the case may be. Bernt: We love you, too, Caleb. Page 80 Meridian City Council Work Session Item#3. December 22,2020 Page 13 of 18 20. Community Development Department: Service Accessibility Tool Update Simison: With that we will move on to number -- Item 20 on the agenda, Community Development Department, Service Accessibility Tool update, and I will turn this over to Mr. Hood. Hood: Thank you, Mr. Mayor, Members of Council. Yeah, I was going to make a comment that, Mayor, you got to follow Treg, I got to follow that whole -- that whole thing. So, bear with me a little bit. This is important, but that -- but that was pretty awesome. So, congratulations, chief. Thank you for your service. So, the service accessibility tool may be a new term for you. We have actually kind of retooled the -- the term. We had talked about this tool as a serviceability tool, but it really is about access to services. Let me back up a little bit. We started talking about this as we were developing our Comprehensive Plan in 2019. We had our consultant at the time Logan Simpson help us put together the bones of this tool that I'm going to run you through here in a minute. Our IT Department has since helped take those bones and put some more flesh on it and -- and really the meat of what we are going to be reporting out to you in the staff report, at least that's the proposal that we would like to make tonight. So, Doug Green in IT and Tom Miller both have been working with us over the last several months to get this refined. I will go into some more details about what they have done and what some of the inputs and outputs are. Brian McClure has been part of the process since the comp plan and through today and, then, Miranda Carson's picked it up and sort of inheriting this to some degree at this point. So, a special shout out to them for all their help to get this tool kind of to where it's at that now. So -- and part of this was -- was -- as we were talking about where those priority growth areas were in the city. So, you will -- you will see a map at the end of the presentation that will kind of bring -- bring back some of that. This isn't that map, but it is kind of what's in the name. It's -- it's, again, where parcels have access to services. So, let me run you through it. So, I'm not going to read this slide to you, but it does, again, identify the accessibility to those needed infrastructure or services in -- in the city. There is a lot that goes into this. I'm not going to get into all the details of what IT has going on behind the scenes in GIS, but it does do that parcel level analysis. So, each parcel within our area of impact has distances to these types of services and, then, will spit out if it's a green, yellow, or red ranking of how accessible that -- each service is. There is 12 elements that we have included in this table that I'm going to show you here in a few minutes. We worked with each service provider. So, working with the police department on their three different service level calls. What is acceptable and what's not. So, level of service five minute response times, those types of things. So, we worked with each service provider to say what is -- for lack of a better term acceptable and not acceptable. So, if a sewer service line is within 500 feet, Public Works says that's reasonable. That's a reasonable extension. If it's 2,000 feet that's pretty far -- a pretty long drag to go and pick up that sewer trunk line and bring it to that parcel. That's pretty far away. So, again, we worked with them to come up with parks, with all these other -- other service providers. So, it's based on the current on-the-ground condition, but also future plans. So, for example, our parks department has a master pathways plan. So, if there is an existing pathway there it shows that, but it also shows if it's not there that it's Page 81 Meridian City Council Work Session Item#3. December 22,2020 Page 14 of 18 in a plan and you will be within a quarter mile or so of a future pathway. The nice thing about this is we can maintain the information relatively easy. Many of you have probably heard the term, you know, garbage in, garbage out. We need to maintain this. So, when a new pathway segment is built we need to make sure that's represented in GIS. That way we know that the next parcel down the road is now that much closer to that service or when that sewer trunk shed goes in the next one goes in and we know, you know, that -- that -- that is being extended. So, we are prepared to maintain this data set, so that we have -- have accurate information that we are reflecting. I think a big point here though -- and it's the last point on this slide. This is not though -- and I don't think you will use it this way, but you can't just look at this table I'm going to show you and go, oh, we should approve a project at that location or not. It doesn't tell you if it's a good project. It doesn't even really tell you if it's prime developable land or not. But it is a snapshot and some more data for you to consider and that's what we have constantly been hearing, at least for the last year if not more, that you want more information. So, we are just trying to give you more information, put as much stock into it as you want or -- or don't want to, but we are trying to share that information with you and we have the data now, so we are going to share it with you. So, again -- and we will -- we plan to begin putting this table in all hearing level staff reports going forward here after the first of the year. So, let's get into those 12 elements. This first one is not really an element, it really is just a yes or no. Is it already within city limits or is it within a half mile of existing city limits. I will just say, again, most of these are services. However, I start with one that isn't a service, this is just a -- it is or it isn't. So, you won't have anything that's red in this table. We do have a red layer, as I will show you at the end there is an overall city wide map and so this factors in. The weights that you see on the side factor into that overall developability or -- again, just use the term, you know, priority growth area type factor. That's where the weight becomes important. But really focus in on is it red, yellow, or green and what that service provider says is the appropriate breakpoint for-- if it's red or yellow or green. Floodplains is the other one that I will call out. The other ten are really services, but floodplain, the last one there, isn't a service necessarily. It's just something to know. Is it within the floodplain or not. So, not a big -- not a big deal, but the score -- but just, again, a data point, something to be aware of. Is this property in a floodplain or not. So, these are the first four. Emergency services. So, this should look generally familiar. Response times. Less than five minutes. Five to nine minutes. And nine minutes. The police -- again, chief in his annual report went through the three different priorities and this is, again, how you will see those in this table will be how each parcel does with their response times based on the variance call for that service. Pathways. I mentioned that, too, and kind of my opening remarks there. Is it within a quarter mile of a current pathway, which is a typical kind of walk distance. People are comfortable walking to within .25 miles of a future pathway or is it just--we don't have any future pathways planned near this property or not. Transit I will mention is based on VRT's Valley Connect 2.0. So, you won't get a whole lot of greens right now. We don't have a whole lot of transit routes. But based on Valley Connect 2.0 you can get some yellows certainly occurring on some of these tables that you will see in the staff report. And, then, the arterial road build out status is based on ACHD's integrated five year work plan. So, does the -- does the roadway exist in its planned number of lanes. So, do you have a five lane roadway there in most cases on -- on the arterial. Is it still a two lane roadway or maybe a three lane roadway, but it is Page 82 Meridian City Council Work Session Item#3. December 22,2020 Page 1 of 18 planned to be widened in the near term, so in the next five years, or is it so far out it's not even in the five year plan for widening. So, those are the criteria for transportation. And, then, the last kind of subsection are community connections. So, walking to school. This is a big kind of health -- health thing. This doesn't have anything to do with capacities or that -- some of these other discussions we have had with schools, but just proximity from the parcel to a public -- and I just want to clarify these are public elementary, middle, and high schools. It doesn't include like prep academies and those types of things or any private schools, but just your -- your public schools -- how close is this property to an existing or planned school even and the drivability. And, then, park walkability. Again, distance -- distance to park, basically. Is a regional park in close proximity. So, those are the 12 criteria. So, I mentioned before, this is where those scores that I told you -- the kind of the weight that I told you to kind of disregard, this is where they come into play. This-- and these are subject--and I will take comments on that if you have any comments on what is the higher score or not and, again, this is -- there is nothing -- we aren't going to use this. You aren't going to see this in staff reports. This is just to show the composite compilation of if you put all that together this is what our area of city impact would look like for access to those services that's -- that generally are a consideration when -- when a property develops. That kind of gives you an idea. This next slide is really something -- you will see something very very similar in a staff report and this is just a hypothetical. This isn't in any one parcel, we just put a few reds in and a few yellows and a few greens. But we will have the definition, so you will know that in this case the location it's -- it's within .5 miles, but it's not an on -- it's not in-fill. It's not already annexed, it's -- it's in the county. This -- this parcel in particular. Sewer lines are relatively close. So, between five hundred and two thousand feet. I won't read all of these, but this is, essentially, again, the -- the table you would see in a staff report. It should draw your eye a little bit; right? Red. So, you are going to go, wait a minute, okay, it's in the -- it's in the -- it's in the floodplain. I know that at least. So, we are sharing that information. Again, you won't see this composite rank, so that probably won't be in the -- in the table. But all these other things we wanted to share that information with you. So, the purpose of this really is kind of twofold. Again, I will take any feedback if you want to go back to any of those ranges of these, you know, if you don't like that this is, you know, the split here and you want it to be 1.5 miles and, then, this -- you know, .5 to 1.5 is yellow and 1.5 above is red. That type of comment we will take. This is more -- at this point in time anyways, just to let you know, they are coming in staff reports and if you don't like how it's working we can take that feedback and change this over time. Again, it's a tool we have created and built. So, if there is something in here you don't like or want to see in addition, we can evolve with -- with those comments. So, with that I will stand for any comments you may have or -- or -- or questions. Simison: Thank you. Council, maybe just for -- to be purposeful with our comments, rather than getting into whether or not you agree or disagree with any of these specific items, perhaps I will encourage you to look at this in your off time and providing feedback directly to Caleb that he can look at, but any other general questions or comments on the tool? Cavener: Mr. Mayor? Page 83 Meridian City Council Work Session Item#3. December 22,2020 Page 16 of 18 Simison: Councilman Cavener. Cavener: Just maybe a clarifying question for Caleb. Caleb, is it staff's intent to use the -- a rank as a determining factor in recommending approval or denial of a project? Hood: Mr. Mayor, Councilman Cavener, no. Again, it is just a data point. Sometimes you may be, you know, this close from being green, but you are yellow or this close to yellow, but -- but -- but red. And so it is -- you know, there is a line because it is geospatial and we got to have cut off somewhere, but it should make you think and maybe dig a little deeper into those things. Again, like the floodplain example, okay, it's in the floodplain, what are they proposing to do to mitigate that. Cavener: Right. Hood: Just because the sewer line maybe 2,000 feet -- maybe they are building a lift station and can mitigate that. So, there -- this isn't -- again, it doesn't tell the whole story, it just tells geospatially where those things are at. So, we aren't relying on this and, again, we would ask you not to rely on this to say, well, there is no park within walking distance, therefore, we are going to deny your project. But maybe there is a park plan and it's coming or other circumstances. So, no. Cavener: Perfect. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you so much, Caleb. I really appreciate the tool. We will dig into it and look at the composite and the maps and probably test it like a hundred different ways one day, but I appreciate that instead of guessing about where services are at or digging through a lot of information, that there would be a way to quickly assess the total -- totality of the accessibility of all these services. I think this is great. I think it will lead us to a lot more consistency and I just appreciate that type of approach. So, thanks for all the work and to the whole team for -- for working on this. Simison: Mr. Hood, it is possible or probable or make sense at all to include a picture of the parcel with -- where each one of these locations are -- a way that would make sense. I mean sewer line you can do the parcel, here is the nearest sewer line. Here is the newest park. Here is the nearest pathway. I don't know that they all make sense, but just something to think about if -- if -- if an actual visual picture of the parcel with these elements would make sense or not. Food for thought. Don't even answer. Hood: So, Mr. Mayor, we can probably include some of that. Like you said, some of them maybe it doesn't make sense, especially if it doesn't exist. Transit. But -- but some of those we can maybe add a layer -- you know, you will have a series of maps already in the staff report and some of that may even be evident where schools are at and those Page 84 Meridian City Council Work Session Item#3. December 22,2020 Page 17 of 18 types of things and this is that same general location of the staff report. We will play with that a little bit and see if that-- if that seems to be helpful and maybe shoot some examples your way. Simison: If it adds value would be a good thing. I'm not saying it needs to. Council, any other questions? All right. Thank you very much, Mr. Hood. Hood: Thank you. Simison: We appreciate you. Bernt: Just because I didn't choke up about this doesn't mean I don't -- I'm not passionate about what you -- I don't know about -- EXECUTIVE SESSION 21. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Simison: Do we need to go to Dean and ask him to replay that? Council, we are at Item 21 on the agenda. Do we want to do that now or following -- Mr. Nary? Nary: Mr. Mayor, Members of Council, I anticipate a fairly lengthy discussion. So, it would probably be best not to break it up, you could have just one conversation. On the regular agenda I know there is a lot of hearings, I don't think there is a lot of length to any of them. They just will take a little bit of time and I did tell our team that we could anticipate either a really short session now, but probably best at the end. Everybody else is remote, so I don't think it will be an impact to most anybody else. Simison: Okay. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we vacate Item No. 21 on the agenda. Cavener: Second the motion, Mr. Mayor. Simison: I have a motion and a second to vacate Item 21 on the agenda. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 85 Meridian City Council Work Session Item#3. December 22,2020 Page 18 of 18 Bernt: I move that we adjourn. Cavener: Second the motion. Simison: I have a motion and a second to adjourn. All those in favor signify by saying aye. Opposed nay. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1-5-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 86 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 8, 2020 City Council Work Session APPROVED FPg,4 Meridian City Council Work Session Item#1. December 8,2020 Page 30 of 30 Bernt: Any other questions for Vincent? Thank you, Vincent. Appreciate your time on this. Well -- well done. EXECUTIVE SESSION 15. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Bernt: Item No. 15 we have --we have struck this item from tonight's agenda. So, moving on to our last agenda item. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move we adjourn. Strader: Second. Bernt: We have a motion to adjourn this evening with a second. All those in favor say aye. Any nays? Perfect. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12.22.2020 Robert E. Simison Mayor DATE APPROVED ATTEST: Chris Johnson, City Clerk Page 34 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 11, 2020 City Council Special Meeting Page 35 Meridian City Council Item#2. December 1,2020 Page 2 of 81 Simison: Councilman Bernt. Bernt: I move that we come out of executive session. Hoaglun: Mr. Mayor, I second the motion. Simison: Motion and second to come out of executive session. All those in favor signify by saying aye. Opposed nay. The ayes have it. Do I have a motion to adjourn? Bernt: So moved. Hoaglun: Mr. Mayor, I second the motion. Simison: Motion and second to adjourn. All those in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 4:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12-22-2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 37 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Plat for Chukar Ridge (FP-2020-0012) by Kristen McNeil of The Land Group, Located at 4005 N. McDermott Rd. APPROVED Page 38 Item#3. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: December 22, 2020 Topic: Final Plat for Chukar Ridge (FP-2020-0012) by Kristen McNell of The Land Group, Located at 4005 N. McDermott Rd. Information Resources: Click Here for Application Materials Page 39 Item#3. STAFF REPORT C� W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 12/22/2020 Legend ----- DATE: leiPraject Laca�an '- TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: FP-2020-0012 Chukar Ridge Final Plat LOCATION: The site is located at 4005 N. McDermott Rd.,in the NE 1/4 of Section 32, Township 4 N.,Range 1 W. li I. PROJECT DESCRIPTION Final plat consisting of 63 buildable lots and 8 common lots on 15.42 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant Kristen McNell,The Land Group -462 E. Shore Dr, Suite 100,Eagle,ID 83616 B. Representative: Owner—AMH Development LLC—30601 Agoura Hills, CA 91301 III. STAFF ANALYSIS The preliminary plat for this development were approved by City Council on July 21, 2020. The preliminary plat consisted of 63 building lots, 8 common lots and 3 common driveway lots. All lots within the development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The applicant initially proposed a'/4 mile pathway loop as their amenity. This loop consisted of several lengths of pathways running through common open space areas that tie to the McFadden Drain as well as proposed sidewalks. At their June 4, 2020 meeting the Planning Commissioners recommended an additional"tot lot"amenity be added to this development. That amenity has been added to Common Lot 4, Block 4. Page 1 Page 40 Item#3. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC I I-6B-3C.2. Because the final plat does not increase the number of building lots and contains the same amount of qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 41 Item#3. V. EXHIBITS A. Preliminary Plat(date: 7/2/2020) 91 + r I ------- 6 -- ----, -------- -------- •, , L II�III�L�LI 1 Mt- f - -, , --- -- 10 1 B. Final Plat(date: 11/3/2020) j u I 16f k"�ie '- 74IEWAW J I I UNRAnM 29 25JW I� V 45' I { w ,a� V p x oEASELEhT I C I g a C.) �.: @! } r7 I f 5 �x' I i �eurEia I b l F �l I fsl 16 1111[7en�all 41 " I 17 �— Lz1 s m� fn� sa LJ tiJ � xe IIDC111���j �. �. mna — — � � ■DC 3 — _ �� M1I6•I'FsaYl'9fa•1" � I � ff7¢I§�7Y 1321,CO AE 111SUMMEB 1kkMA11FU I EJ&T WIF 9MON32 T^.E;RY..EA I TAW r. Cp6[ICIA. I� I� Page 3 Page 42 Item#3. C. Landscape Plan(date: 11/3/2020) Pr I � - 1r I • �'f '+� �1� I'll l�+r r+ `�rr���� ~�����g�"�� �`y+�� I .+.• ~`J!L +l++ lliffjf f7- irJJr�! rrr{r r+ff•+ �- prwml■ r I _---------- DE �- -------- � x g I} `-------- I ___-_- ----__------ - -- Achievement St � ------- ---_ -_—__- —_ 1 — --' I III---1 111' W Achievement Si I' III NI ilr 1 ---__--=--•�h---=--- -_y 11 I,I III I,i I ------ iII , --- � I � 'I 4� 1 i Page 4 Page 43 1 � Item#3. I I I I Jb r r � J�1 ''r 1 I�f '+' I � — —zti•J�.� ���• _ I r Ir Ir�l r'I rfi•, L ~��-1 _ — - �-- � 1 {r I _- J - PIR 1- -I fir--- -•• .s� � I �f rll _ Lj �-- % �-- kFIR I 1 r #. The f I' y FL 1 SJ • 1 � D. Sound Attenuating Wall J LOT OWNER WE EASEMENT O-FT HIGH NOISE ' ATTENLIAAON FEICE ONTOPOFEERM C O-FT ASPHALT PATH # LOT BOIRIOARYFE6E 1Y� NESIDENTIAL LOTS "I'll J MMEBNIOTF PAM 50 LANDSCAPE BLFTER Page 5 Page 44 Item#3. E. Additional Amenity and Proposed Materials for Sound Wall. r � + y OPEN PLAY AREA F � yY �w*WyYaY . j - •ti #r. +"m Supporfing Imagery P!R L a � Page 6 Page 45 Item#3. F. Emergency Access Exhibit GANDER CREEK PHASE 2 STUB STREET SECONDARY ACCESS - _ - - __ � � Sq Yr r-'� S•i 9S 1w ii _ _A _�--�.�q -eKr r - �„ _ 4-~ _ CF+Aspp�IV 1 404 RYA I ---- --`� --------1 r--- •°--------� `--------' -------� -------- I _ III � '�� :'� r____F__� r r__-�___�F I�' _•3��`��� __ A' F r-_-�-_'r ., �� � I I ' F J -;i r------i i--------1 ;---� ---i ---; ---; '�'�.1 -- -�.r• � + ill E I F �--r---' �---� � •�u isi��:i=i l w h ,i =�;. y�� •'' -'_-- I ,lilTt i PRIMARY ACCESS VYES TO N,OWYHEE STCIMC09E.' F ___ ___ B6i2 �.--.--r.- �. .-� __ : � - -���'•• .. Fes' �n�k ..-.,._. a+� -rs�. � �l �w �•`- FUTURE ACCESS FUTURE ACCESS I � � Pagc 7 Page 46 Item#3. G. Common Drive Exhibit(date:12/15/20) - � IW W L W W L 1I I W W 4 4 W W I I r I L W W W W W W LWV w 4 4 W W L-- ((-� -`-- II L W W W W W W W W W w W v GJ 4 J 4 W Y W 4 W t w y w Driveway A W � Iw 10' uFFER L ---- ------ W FENCING REFER TO W I W ' i l LANDSCAPE SHEETS. r I r f 12'TYPICAL; I L a BUILDING ENVELOPE w � I 4 � W 4 fib VARIES 2d TWA � W — - TYPC',AL / _ I •I i ---- ----------- I O 20' da Common Drive Exhibit- driveway A Horizontal Scale:l'=20' Fminpk.119192 �d b�s�anor 11,(G3.2020 Page 8 Page 47 Item#3. -=_--_--�---�-- /l (ram`• 217 SE'WI'X BUILDING ENVELOPE 'GAL RJWir RR4 14 1 I a I I , BUILDING ENVELOPE Ib ' BUILDING ENVELOPE � I I BUILDING ENVELOPE � ICI I I I ----------, BUILDING ENVELOPE I I , �— ----}. FMF RR R R FIAR PIRA PIRR H 4 20' 40' Common Drive Exhibit- Driveway B Hor¢ontal Smle:l'=20' pmopo.1191M E r Da fi 6miml l.I 3.M Page 9 Page 48 Item#3. BUILDING ENVELOPE f f f BUILDING ENVELOPE { r BWLDING ENVELOPE fI { w y + + ff � { � f+Irf } y r � y y • y ,� CL m r 1+ rr I w w • w + w 1 p�/j{�Q]�] y w m a y + + w w f w + + ♦ y �r ✓�4 r r r y y ~' w FENCING REFER TO Driveway ti LI4N65CAPESHEETS. p+ w a Y x w w V + w `W t yy W k� 2a sEr)3gK ! b 12'TVPJCAL y + s ! BUILDING ENVELOPE + + a 2525 + ° Common Drive WWI!- Driveway C o 20' ao -; s ; Horizontal Scale:1'=20' Fu•11g1T Page 10 Page 49 Item#3. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. # 2019-005925)and preliminary plat(H-2020-0025)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by December 22,2022,within two years of the City Council's approval of the preliminary plat, or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to City Engineer signature on the final plat,the final plat prepared by the Land Group, LLP, stamped by James R. Washburn, dated: 11/3/2020, included in Section VI shall be revised as follows: a. Add Lot 10,Block 3 to Note 7. b. Note#8 shall be revised to be owned and maintained by the Chukar Ridge homeowner's association. c. Note#12, 14 and 15,insert instrument numbers. 4. No more than 30 homes shall be constructed unless one of the following is completed: i. Construct roadway crossing of the McFadden Drain to connect to Gander South. ii. Option B: Construct connection south to Ustick Road. iii. Option C: Fire Sprinkle all structures in excess of 30 units (unit 31 through unit 63). 5. Prior to the City Engineer signature on the final plat,the landscape plan,prepared by the Land Group, dated 11/03/2020, included in Section VI shall be revised as follows: a. Depict 5-foot wide landscaped buffers to separate the paved surface of the driveway from the fence on all common driveways which contain solid fencing per UDC 11-6C-3D.5. b. Revise fencing along all common lots and pathways to be open vision or less than 4' in height as required by UDC 11-3A-7. This includes the east boundary of Lot 1,Block 2, the south boundary of Lot 10, Block 3,the east boundary of Lots 23-36,the western boundary of Lot 37,Block 2 and south boundary of Lot 36,Block 2. c. Provide fencing along the southern perimeter of the development. d. Indicate how the McFadden Lateral will be landscaped as allowed by the irrigation district,or provide a documentation from the district that landscaping is not permitted. 6. At least 5' feet of landscaping shall be provided along each side of pathways, as required by UDC 11-3B-12. 7. Height of 12' sound wall and berm combination for noise abatement parallel to the state highway shall be measured from the elevation at the centerline of the state highway. 8. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Page 11 Page 50 Item#3. 9. Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-313-12C. 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 11. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 12. 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. 13. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 14. The existing sewer easement shown on Lots 23 and 24,Block 2 shall be vacated prior to signature on the final plat. 13. Applicant shall comply with the submitted elevations approved with the preliminary plat. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. The geotechnical investigative report prepared by GEOTEK, Inc., dated February 11, 2020, indicate some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 2. The street light plan submitted with the construction plans for the interior of the subdivision appear to meet city requirements, however two Type-1 streetlights are required on N. McDermott Road. 3. Adjust sanitary sewer manhole SSMH-04 slightly south so it is completely outside of gutter. 4. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 5. The applicant shall be required to pay required to pay the Oaks Lift Station Pump Upgrades Reimbursement fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 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 Page 12 Page 51 Item#3. Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Page 13 Page 52 Item#3. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or 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 14 Page 53 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Brody Square (FP-2020-0010) by Ian Connair of Kimley-Horn & Associates, Located on the Northeast and Southeast Corners of N. Black Cat Rd. and W. Daphne St. APPROVED Page 54 Item#4. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 15, 2020 ORDER APPROVAL DATE: DECEMBER 22, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 64 BUILDING ) CASE NO. FP 2020-0010 LOTS AND 9 COMMON LOTS ON ) 14.5 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR BRODY ) APPROVAL OF FINAL PLAT SQUARE SUBDIVISION. ) BY: KIMLEY-HORN & ) ASSOCIATES. ) This matter coming before the City Council on December 15, 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 BRODY SQUARE SUBDIVISION, LOCATED IN THE SW 1/4 of the SW 1/4 OF SECTION 27, TOWNSHIP 4N, RANGE I W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 09/09/2020, by CLINT HANSEN, PLS, SHEET 1 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(BRODY SQUARE—FILE FP 2020-0010) Page 1 of 3 Page 55 Item#4. 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 December 15, 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 Teller Bard, 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(BRODY SQUARE—FILE FP 2020-0010) Page 2 of 3 Page 56 Item#4. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 22nd day of December, 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: 12-22-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(BRODY SQUARE—FILE FP 2020-0010) Page 3 of 3 Page 57 ►tem EX H I BIT A 64STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 12/15/2020 ' Legend DATE: ��Project Lflca i�ar TO: Mayor&City Council b FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: H 2O20-0010 -_ x . Brody Square Final Plat LOCATION: The site is located within the northeast - quadrant of N. Black Cat Road and W. _ McMillan Road., in the SW 1/4 of Section 27, Township 4 N.,Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of 64 buildable lots, and 9 common lots on 14.5 acres of land in the R-8 zoning district developing in a single phase. II. APPLICANT INFORMATION A. Applicant/Owner Randy Clarno, Shelburne Properties,LLC—7629 E. Pinnacle Peak Rd, Ste 110 Scottsdale,AZ 85255 B. Representative: Teller Bard,Kimley Horn—7740 N. 16'h St, Suite 300, Phoenix,AZ 85020 III. STAFF ANALYSIS The annexation,zoning,development agreement and preliminary plat for this development were approved by City Council on July 21, 2020 (DA 2020-1 3 8110). The preliminary plat consisted of 64 building lots and 7 common lots. All lots within the development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Amenities approved with this development include a pond, shade structure, seat wall,benches and trail network bisecting the development approximately in the middle and running along the pond amenity. Page 1 Page 58 Item#4. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat does not increase the number of building lots and contains the same amount of qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 59 Item#4. V. EXHIBITS A. Preliminary Plat(date: 7/l/2020) _F4J1D oR.sss F.ra eT HM Oa;rEA OF Sk; ]EOIYii #5 RY I I 50' SU y}' �• 2S67I II - 8LOC1L 1 I 1 b.l 1 I .I I I I �1 71 =1 1r` -1 9' -1 s' =1 7 _j C. =1 s =1 a ::1 3 ;:I 2 1 1 a1u} ME12 5F }}14 sF - .LR'.xF fK-1 !,Mo -76i7 SF �SF aa2a SF 9i27 9F 7'ax SF S;Y 1F ]y !lo' w 12 lls' J2GG AVILLA OR 13 •_ -. 1O, 1320 W =11_� 75s' iii_ 7 I iaq'.0 1yr' i—, 110_ 1 1 21 ` I 'xe se i' R�"PO# it 1� I YI sc 1. SF —V 11�' t .a — uff 1 21 19 I 9 1 xm:r `' �ecR 9F l a SJG�F I I G4}C zF ��a' �7 I I I I h I �ELGtiC1C7 ��� 9LOCICt acoa� 1 axn� Ar—— s'— fiAll7�O¢ I �-0e S}SF R w 9 l ill ,'IrCC SF I ar .}I ryylp SF 71 46�4d I 1 lid I *_ 57 R}5F nl I� I I MUD W i` uI OIN SF I 1 D SF K R� I 1 aaan sF 33 �2, -, „d 81OCJfS ROF I r 1 110' MDO SF ' 15 1 R .50 EF ¢i W iF I _ �1 I''M IF ±�1 1 177' � I 7&T 1 110- l * 5FM SF I 1# 5680 '+ 0.' a rao sF 21 aeon 3 3 1 low y R 55a, �33 ,•i 4 1 1 tY1C S �A!Fb2 ��Ll a- + ad+sF � ib SO • �eals�l�� - —s� •r�anlrrE sr .gl � I � � alwra�sr s3- — 14.9y '1p _ 1�01 F lC9' e= x 1• ' Y L�N J2 _ 7&' iC 71' — 5B' — SEM 1 ~ I1C 9F � Tr r.� I I 1.0= 1 1 I ai 1y 1Q 1 1 II IJ 11 12 1:, 17 d, F 55001 *I� w I—vRi SF C I MUD SF �I p � �n �� K 4 •4 �� — � BtOCKI 1 ' evox 2P 3 n 41- — —9FWDY OR—^y� _ 1 eom SF �R 110, LF 7u+$ :117 21' :2 7 5'J' �5 I IJI I 2 1 _I 1 _1 �1 —"re 1 �1 �1 9 :1 1 11 17 PI e11D SF zAit Sr .rev�f YiSE SF x++sF 2 SF r558�iF R'}.'4 5F 141. l25' x' aF w' u [7, 1ff al NIB!F 1 I Sa6Y77Q� S_'u.ao'III l Page 60 B. Final Plat(date: 9/9/2020) 5891 7'4T'E 6M$O' — PLI i I YYL MY411 am C,D) G) i ! Xk C; t R AMLLA ct 13 "As SSA I Lwng ......... — — — _ , — Ww 2� -Dw ; IN WE 11 _v-912 T- w T -2� e um,k s (D RLMO MC77 kvA Itpis i--_5ELVJEW, imLW 1K WH Lu Iq M.TIM e mv_ BY 23S —Am.20— s BE ZLY f F 8 A M20=.MW eLock CD (D i (D ip- I MWE x : J2 L, .2 .1 ; !-1 It "Pim Fm RE I 3L5 1-110 M&Y Lily 'Mic�Tlu=Wr�Aq. (sm-A-m-0) IM FM�OKN ExEmBfF PONT CF BECIYNIYC K%T DF KAM '&T BUM .i I r LNIATD Page 4 Item#4. C . Common Drive Exhibits(date: 10/13/2020) Fir I I I I — — — I I I I IljjI I � I I I I I I � IIIII I IIIIII 1 IIIII IIIII I III I I BUILDING SETHACKI I I III I LINE (TYP) I I I I III 12.00' ^20,_0--0 T • � I IN I k IIIII I I L' HOh�E IIIII I to ORIENTATION I IIIIII I �:� �� ° •_ � .� � ���� e•. z� �•� �ra � s� i IIIII I I I I I III I I I � I 4 IIIII I I �"-; III III � I I I IIIIII I I t HOME � I I f HOME t l I f HOME IIIIII I I ORIENTATION IORIENTATIONI ICRIENTATION IIIIII I I 5.00' 5.00' I IIIII 5.00' 5.00' o J N q Page 5 Page 62 Item#4. I � � I I f+1 N I I I I I Ir s�o' I I5.00f I IHOME HOME HOME I ' I ORIENTATION I GRIENTAl1ON I I e'RIE .TIL)ra I I I II l i III i l i b11 I I I �— -- III —I I I I I i-- -- ----7 �- HOME I I i Ir ORIENTATION 4 LG I I i I I BUILDING SETBA-:,K I I I UNE (TYP) — II III I I I I II I I I I I III I I II I � II III I I II III I I I I II r•DADUI!` C'I`hl C Ihi CC CT Page 6 Page 63 Item#4. D. Final Plat Landscape Plan(date: 10/12/2020) I + I I R:LDE NXri RXLT�Tn'. .'sOrXnEIE',LL TT. p6TNC� MFFM DIE I �E 7EftL J�&EFf IC ri41 TAP. FYI W I I '� - 614pfi I IF I I I I EbS71nC �I-V' M1 II „ 16 I 9 1 ■ 7 IT f W ¢ w<MPMrsr I t ti YLW M4 FMA TM'. I F _ '1E 4ETAL J.&EEf 14 PEDP.SIREEf EMT. III r' TF. 2 • f / ! e ,z� LL1 13 ° 5E CETL 3,SHEET'D W Cr , i II*f�P E F PLPM TYR L 3 Z. — 'I is — — — — — — — S/W L MATCHLINE — SEE SHEET 04 Page 7 Page 64 Item#4. MIST1TREES 6'SGW N'ETLVtt FE4LE TIP. 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MATCHJNE HE SHEET 04 R'PlJn"TL FE7~rE Tla O,.L R SHEET I] .,'f II�IvI � ] �• !el y I I tl li 0 ~ �f + S 11 I EI I• _ _ � } ' II,I _ � I �I ♦� • I LhhO�G��I 4i � •'ti S I I+I + •' V SriLk HwVL IE^M 11P. 7 fET HE[ETAL].J 10 h 0Yew.snA=r 9-.—LIDHT n'r f fi I+11.1�1 I X .T,F. W.kGPARS•T. z 1111 y I I-I F YSr +� I IL - E}7�71 OE I.a�o T,R I I.I I.i I II 41 , 7 141 III I I I I ly I+I + I I I IF I E IIIF.I i 171 rl I I ; I I Irl I i i I I I,I I L'I I ' i = - — — — — �faartx,r LFf — `— —— AFM — — — — — a fcnLf,;1'+5L EEC,TYP — —— 732!RW SEE DETOL 1 SFEET 10 Page 11 Page 68 Item#4. UAT�HUNE - 5EE 5MEET fly r L.•. 4 r I I � I a r � B'swo WWTL FENCE TSP. NEE kf.'L 9•EET I I 4 12 13 4 I o �x rrr I I I 5 I - -—f1l8.. m ti Wr I W 1 3 Ir'IY -- W-AGAA.R ST I w - - ll* - -_� — -- 1 I cagF.STAMT w HT.Tom. _ i 1 I M 71 12 I 13 I E SCM%Im L FEa'F—TSP. xQ r.erHL M= I � I I{ q P 1 k } r I - -�- - - --------------- - I - —— — ——- — 6'SCUD WwL F•EMCE T•rp E'p 5EE GE-ML h SHEET'7 ETA FVAVT Page 12 Page 69 Item#4. 4 I I - ~ 1 1 _ 1 T - ..................................... + ENTRY MONUMENT PLANING ENLARGEMENT ------------- w coo L� -------�_ � 3.E 4 . . .. 1 eewN�M. .. I .I - .� •Y e[T�uO,hsrn •1, ---____ � ¢f+.Ef NC�ENRy .. 'fE ET•L'.AEST II ` . L _ + � I T I [ -- w W � � + r •i •. ,. �� w w w w w — FE E F'.rE`rRY .•E'.T L.r.lIX6 t — W - ......... � � .ar W o- W W w w w w w J w � w �" w ~ W W w W .• wr�exTx.i,v.w w 4 w w .. .w w .,� w w •���1�� ®�� w r L Page 13 Page 70 Item#4. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-138110)and preliminary plat(H-2020-0032)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; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to City Engineer signature on the final plat,the applicant shall provide documentation that ACHD has approved the vacation of Daphne St. 4. Prior to City Engineer signature on the final plat,the final plat prepared by Land Solutions, LLP, stamped by Clinton W. Hansen, dated: 9/9/2020, included in Section V.B shall be revised as follows: a. Add a note which restricts homes on Lots 8-10,Block 1 to one-story. b. Note 2: Add dimensions to easement language. (5-feet each side required, and 10-feet to the the rear) c. Note 10: Add Development Agreement Instrument Number 2020-1 3 8110. d. Note 12: Add ACHD License Agreement Instrument Number. 5. Prior to the City Engineer signature on the final plat,the landscape plan,prepared by Kimley Horn, dated 10/12/2020,included in Section V.D shall be revised to include a mitigation plan approved by the City Arborist which indicates the total number and caliper inches of trees proposed for removal and the total number of replacement trees proposed. 6. Prior to the City Engineer signature on the final plat,the landscape plan,prepared by Kimley Horn,dated 10/12/2020,included in Section V.D shall be revised to depict 5-foot wide landscaped buffers to separate the paved surface of the driveway from the fence on all common driveways which contain solid fencing per UDC 11-6C-3D.5. 7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 8. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-313-13. 9. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 10. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,including but not limited to cul-de-sacs, alleys,driveways,common driveways, easements,blocks, street buffers, and mailbox placement. 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. Page 14 Page 71 Item#4. 12. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. An additional Type-1 streetlight is required at the south boundary of N. Black Cat Road. 2. The Construction Plans submitted with this application does not show the water main connection to Black Cat at the northwest corner of the development (sheet 25). There is a note calling out tapping Black Cat but the water main is not shown. This connection must be shown. 3. The maximum sanitary sewer mainline slope is 5%. The slope between the existing manhole and MH 04 exceeds this,please revise. 4. The geotechnical investigative report prepared for this development indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 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 11-313-14A. 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 Page 15 Page 72 Item#4. 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x Page 16 Page 73 Item#4. 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 17 Page 74 Item#4. From: Bard.Teller To: Alan Tiefenbach Cc: Connair.Ian;DeBoard.Anne(Beavers);Meahan Smith Subject: RE:Brody Square Date: Tuesday,November 24,2020 9:01:36 AM Attachments: Brody Square Tree Mitiaation.Ddf External Sender-Please use caution with links or attachments. Good morning,Alan—Hope you're doing well.Here are my responses. • This portion of the Daphne Street ROW is being processed as a ROW exchange with ACHD.I've followed up with our Client for the documentation and hope to have that this morning. • We received the attached Tree Mitigation Letter from Matthew and would appreciate an opportunity to meet with you and him regarding options for mitigation on this site.There are a few mitigation alternatives we'd like to discuss. • The irrigations ditches on the east and west will be tiled with the development.Review of the irrigation plans is being coordinated with the Beach Lateral Users Association Ditch Ryder. Thanks, Teller Bard,PE 602.216.1259 B❑ From:Alan Tiefenbach<atiefenbach@meridiancity.org> Sent:Tuesday,November 24,2020 8:33 AM To:Bard,Teller<Teller.Bard@kimley-horn.com> Subject:FW:Brody Square Not sure if you or Ian is the contact on this project,but please answer the below questions. Alan Tiefenbach I Current Associate Planner City of Meridian I Community Development Dept. 33 E.Broadway Ave.,Ste.102,Meridian,Idaho 83642 Phone:208-489-0573 1 Fax:208-489-0571 C�ME DIAN Built for Business,Designed for Living From:Alan Tiefenbach Sent:Monday,November 23,2020 4:49 PM To:'ian.connair@kimley-horn.com'<ian.connair()kimley-horn.com> Subject:Brody Square Ian, Did ACHD vacate the portion of the Daphne Street ROW now in Block 3,Lot 9?If so,please provide something to this effect. A tree mitigation plan approved by the City Arborist was required as a condition of approval of the final plat.I do not see one.If it's not submitted,it will be a condition prior to signature of the final plat. Also,it appears there could be irrigation ditches along the east and west perimeters of the property.Have these ditches been tiled? Alan Tiefenbach I Current Associate Planner City of Meridian I Community Development Dept. 33 E.Broadway Ave.,Ste.102,Meridian,Idaho 83642 Phone:208-489-0573 1 Fax:208-489-0571 Page 75 Item#4. C E II)I� IAIy o / Built for Business,Designed for Living City of Meridian 33 E.Broadway Ave.,Meridian,Idaho 83642 Phone:208-888-4433 www.meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Page 76 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Hensley Station No. 2 (FP-2020-0011) by Kent Brown Planning Services, Located at 462 N. Black Cat Rd. APPROVED Page 77 Item#5. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 8, 2020 ORDER APPROVAL DATE: DECEMBER 22, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 26 BUILDING ) CASE NO. FP-2020-0011 LOTS AND 3 COMMON LOTS ON ) 2.01 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT HENSLEY STATION NO. 2 ) BY: KENT BROWN PLANNING ) SERVICES ) APPLICANT ) This matter coming before the City Council on December 8, 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 HENSLEY STATION SUBDIVISION NO. 2, LOCATED IN THE SW '/4 OF SECTION 10, T.3N., R.IW., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 10/15/2020, by CLINTON W. HANSEN, PLS, SHEET I OF 3," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HENSLEY STATION NO. 2 FP-2020-0011 Page 1 of 3 Page 78 Item#5. 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 December 8, 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 Kent Brown, Kent Brown Planning Services, 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 HENSLEY STATION NO. 2 FP-2020-0011 Page 2 of 3 Page 79 Item#5. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 22nd day of December , 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. 12-22-2022 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HENSLEY STATION NO. 2 FP-2020-0011 Page 3 of 3 Page 80 Item#5. EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 8, 2020 Legend DATE: ff TO: Mayor&City Council FN R Ir FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2020-0011 Hensley Station No. 2 RUT- M-E LOCATION: 462 N. Black Cat Rd., in the SW 1/4 of M1 - Section 10,Township 3N.,Range 1 W. I T 1 W8 I. PROJECT DESCRIPTION Final plat consisting of 26 buildable lots and 3 common lots on 2.01 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Dr.,Meridian,ID 83642 B. Owner: Providence Properties—701 S. Allen St., Ste. 401,Meridian,ID 83642 C. Representative: Kent Brown,Kent Brown Planning Services—3161 E. Spri ngwood Dr.,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0120) 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 11-613-3C.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 Page 1 Page 81 Item#5. of buildable lots and common open space are the same; therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. The internal private streets were approved with the preliminary plat and the Purdam Gulch Drain was allowed to remain open and not be piped. Note:Preliminary plat condition#A.3b required a total of 223 additional caliper inches of trees to be provided on the site for mitigation based on the original inspection by the City Arborist of existing trees on the site anticipated to be removed with development. Since that time, it's been determined that more trees than originally anticipated are able to be retained reducing the calculation to 136 caliper inches required for mitigation—the landscape plan depicts an additional (68)2-inch caliper trees as mitigation in accord with UDC standards (see letter from Landscape Architect in Section V.Q. 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: 10/7/2019) 4L 11 1; E l l l t ■ r Y F ■ • a 13 w Page 82 Item#5. B. Final Plat(dated: 10/15/20) "fit 80"—.PAGE UgH;LEY rf r+7r wr hFr.u.v,5 - � LOCATED iN THE sw irs of SECTION IQ,13H,RtVP,a,fi. CffY OF MERPOIAN,AAA C"TY,IEAHO e�s+IRlk wr�I- r r+,r rr,s�r.rt��•�. w 1.1 - - [r.",'i 54u14 4•Fi51fl'' ±�' _ � .R =} RfY ..rcA 1�1 _ �--a y •�7�x.,+ �___. � +r Y i,-F-•may'! ili LO'iaf av�a u. 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[?� __�^.ly1bL M(oua4rxill�.i.•lnr •��al..gram}f�4 ro rrrr�n^�,a.94T!<94 K+41�* }��Qi a' .. � y +�•a•na��wri Nb.✓L Nc uaK.im.t_orra.ri-aWYrlaro�ar�s uhAyl�r�r F � + tAM1w raw afaM+dioh5+a lilYrYrbJa4. . - •SIP'•-W IV��d/R+T++/W•iW TW,7iii.+t4k#�FT•[0HR•RNLRWIITOiW�04�V ' �' � r�u�ivr H'�ia;��ya.��a���rd v�irs•^'��d,_ro�r'�ia��� I �•,�'�'�++.7.7�r �i�` .. � � or�ai.rk.w+.,.._ry...r.o.n,a•�r.er_�+.r�rr. ■um SYL go" aav , �rtor�r- •+wrrcr*ai•r�wn+�l xi,aawn�l�5+•cxnerlYa�,�rr� rwtrrrr��+ L J — — w�e5��•r,x.*.iw.•ucc,nt��ai,•.•n•.ru J v*•�ra•�71 Mu4�01rK+[[mmro��NR� ma c° ■mum M ■ a I+r 4s6futfons wlr r.� JrIr mn n� o.Iwr �� a1MbYt SHEET t QF 3 Page 3 Page 83 Item#5. C. Landscape Plan(dated: 04/20/2020) PRQMCT JEJ [A JLI1 r—ri. NQAKMM— YAP II ! _ •uSo.'�a;A��.4I W 7►!IFIGY !pe.ew��a� t ..� !v�l sl.µ'. LC!'.14R -1'T,•vm�S E7 1cal!L �l9r.O dl!-0 tErERlLTi'x-}•r•��hU'E9 � ~ r. I nl.�l�e�.Ibobla,,L: IGGENo rk'' _ `"7 ] CMoaevu rM;.": a R -- ti, .. m LS.O 1 _ T ! T —s n �-�. .L L. _,..ram IEUnh _ WL :$}'ry 1 "'..•'A. � I 'F''�:`��'' .mot �. Lm�Pion F fir. Imo— i cc°' ' + rF�;,.,�•--. JI ZJ- -, L+QIo6t�PE FSAH6-141L4Sd Ceti ANC lwo r;,.ti—y_r "� - ,. -.- L1.I Page 84 Eil LEUM T" raenxare: O- " ,.. r � � i i i i i i l i i i i � � •1 _� _ � IWIMAIMMINN®R it. Vff ' 20 is Zorn- TV ,.. xVA---' it ^•,.�— =7 p r7ror•.�MxrxTh� 7J"k�k � • ^ "' " --" d- t r arw}cuorcnrwm4o f #fdf711i� ii - � �� —er= �...... -��F.�-sae• I. . . .. . . '.t�.'.fx — AMR�T-::r.. ���, .a� •", rwrtinrytti� + Page 5 Page 85 Item#5. Jay Gibbons <gibbons@sbbgo_com> ■Sonya Allen; Kent Brown{kentlkb@gmail.com] - 10:52AM Hensley#1 FP -Tree Mitigation 0 You replied to this message on 6f5/202010:52 AM. v Sonya, This email answers the questions regarding tree preservation and mitigation requirements on the referenced project. The condition of approval on the final plat application spoke to a total of 223 caliper inches being removed. During the course of preparing plans for final plat and construction,we have revised the lan;lsca oe J rawi nos. Per our CLI Trent elan set,dated 4-20-2020,we ind icate that aae reduced the number of exi sting trees being removed. This nev,total:eq wires 136 caliper irches to be mitigated for. The landscape dravring L1.D shows required landscape calculations, These ca I cu lations for all required landscape buffers,parking lots,pathways and open space show an extra forty-one(41)2"caliper trees to be planted. An additional twenty-seven(27)2"caliper trees will be planted in residential yards above what is required. Th=s tota Is 63 add itionaI trees being planted on the project in excess of the minimum requirements. The proposed fib trees equate to 136 caliper inches v� hich equals the 136 caliper inches required to be mitigated. We are saving an additional 321 caliper inches of existing trees. These are not counted toward any required landscape requirements,they are simply for the City's information of how many trees are in fact being saved. I hope that this message answers the City's questions regarding satisfying the tree preservation/mitigation requirements as conditioned in the preliminary plat approval. Please let me know if you have any questions or need additional information. JJJJFM SOUTH mm WE 13I R D 7AY A-GIBBONS,PLA,ASLA _.._ . ......... EuDIS�,ID.83T05 �6om�abb�-coat]�ellniwsP�bp_o.eom+ Page 86 Item#5. VI. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2019-0120; Development Agreement Instrument Number 2020-029370). 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 first 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: 10/15/2020, included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the existing City of Meridian water and sewer easement on the face of the plat;remove reference to cross-access easement. b. Note#6: "Lots-52-and 57,Block 1 are is a common lots to be owned and maintained by the Hensley Station Homeowner's Association or its assigns. Said lots-afe is covered by blanket easements for public utilities and Hensley Station Homeowner's Association pressure irrigation." The area shown as Lot 52 is an easement on buildable lots and is not a common lot. c. Note#8: Include the recorded instrument number of the Development Agreement(#2020- 029370). d. Note#9: Include the recorded instrument number of the ACHD License Agreement. e. Note#10: Include the recorded instrument number of the CC&R's. f. Legend: "City of Meridian sewer and water,public utility and perpetual injress-egress easement." g. Depict zero(0)lot lines where buildings will span across lot lines. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by South,Beck&Baird,dated 04/20/2020, included in Section V.C, is approved as submitted. 6. Two(2)benches shall be provided with the fire pit amenity and more than one picnic table shall be provided with the shade structure/picnic area amenity as approved with the preliminary plat. 7. All structures(i.e. single-family attached and townhome dwellings)proposed in this development are subject to the design elements contained in the Ten Mile Interchange Specific Area Plan(TMISAP) and the design standards listed in the Architectural Standards Manual. Design review approval of the proposed structures shall be obtained prior to submittal of building permit applications.A Certificate of Zoning Compliance is not required. Building materialsshould be high quality, such as terra cotta, natural stone, clay-fired units, or other approved masonry materials for architectural details or accents—the strongest use of such should be reserved for street level windows and entries. 8. 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 Page 7 Page 87 Item#5. of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 11. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4.All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curbs exists next to the drive aisle,it shall be painted red. 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: 1. A street light plan will need to be included in the Subdivision construction plan set. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 2. The 10-inch sewer line stub to eastern property needs to end in a manhole since the eastern property is not a phase of this development. 3. Provide a 14-foot wide access roadway per the City Standards to the manhole at the eastern property. All manholes must have an adequate path for access. General Conditions: 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 Page 88 Item#5. Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. 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. 11. 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. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. 18. 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. 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. 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. 21. 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. 22. 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 Page 9 Page 89 Item#5. 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. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. 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. 25. 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. 26. 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. 27. 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 90 EXHIBIT B Item#5. From: kent brown To: Sonya Allen Cc: Adrienne Weatherly;Charlene Wav;Chris Johnson;Bill Parsons Subject: Re: Hensley Station#2 FP-2020-0011 Staff Report for Dec.8th Council Mtg Date: Thursday,December 3,2020 2:54:02 PM Attachments: imaae006.pna External Sender-Please use caution with links or attachments. Sonya after reviewing the conditions of approval the developer understands the conditions and will comply Kent Brown On Mon,Nov 30, 2020 at 4:15 PM Sonya Allen<sallen&meridiancity.org>wrote: Attached is the staff report for the final plat for Hensley Station#2. This item is scheduled to be on the consent agenda at the City Council work session on December 8th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e- mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerknmeridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0578 ��BP,JDIA 11] FLU Built for Business, Designed for Living 0®©00 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request,unless exempt from disclosure by law. Page 91 Item#5. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 Page 92 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for for Ada County Coroner (H-2020- 0085) by Lombard Conrad Architects, Located at 173 N. Touchmark Way APPROVED Page 93 Item#6. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW #... AND DECISION& ORDER , In the Matter of the Request for Rezone of 1.77 Acres of Land from the I-L(Light Industrial)to the C-G(General Retail and Service Commercial)Zoning District for the Development of a Coroner's Office for Ada County,by Lombard Conrad Architects. Case No(s). H-2020-0085 For the City Council Hearing Date of: December 15, 2020 (Findings on December 22,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 15,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 15,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 15,2020,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 ADA COUNTY CORONER—RZ H-2020-0085 - 1 - Page 94 Item#6. 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 rezone is hereby approved per the Staff Report for the hearing date of December 15,2020, attached as Exhibit A. D. 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 § 67-6521, 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. E. Attached: Staff Report for the hearing date of December 15,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ADA COUNTY CORONER—RZ H-2020-0085 -2- Page 95 Item#6. By action of the City Council at its regular meeting held on the 22nd day of December 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: 12-22-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ADA COUNTY CORONER—RZ H-2020-0085 -3 - Page 96 ►tem#s. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENT DEPARTMENT HEARING 12/15/2020 Legend DATE: PRagec#Lflca ions TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-489-0578 SUBJECT: H-2020-0085 r Ada County Coroner LOCATION: 173 N. Touchmark Way(Lots 2 &3, ® ' Block 2, Seyam Subdivision), in the SW f ~ '/4 of Section 9,Township 3 N.,Range 1 E. I. PROJECT DESCRIPTION Rezone of 1.77 acres of land from the Light Industrial(I-L)to the General Retail and Service Commercial(C-G)zoning district for the development of a coroner's office for Ada County. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.77 Future Land Use Designation Industrial Existing Land Use(s) Vacant/undeveloped land _ Proposed Land Use(s) Public/quasi-public(coroner's office) Current Zoning I-L Proposed Zoning C-G Neighborhood meeting date;#of June 25,2020—Six(6)people in attendance. attendees: History(previous approvals) RZ-09-005 (Development Agreement Instrument#2014- 068084) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) I No • Requires ACHD Commission No Action(yes/no) Page 1 Page 97 Item#6. Description Details Page Access(Arterial/Collectors/State Access is proposed via existing curb cuts Hwy/Local)(Existing and Proposed) as follows: (1)entry/exit and(1)exit only driveway from N.Touchmark Way and (1)entry only driveway via E.Lanark Street,both industrial collectors;no access is proposed via E.Franklin Rd. Stub Street/Interconnectivity/Cross Access NA Existing Road Network Arterial(Franklin Rd.)and collector streets(Touchmark&Lanark); local street access is not available to this property. Existing Arterial Sidewalks/Buffers Attached sidewalk exists on this lot along E.Lanark St.&N.Touchmark Way; there are no existing street buffers. Proposed Road Improvements None Fire Service No comments submitted Police Service No comments submitted Wastewater • Distance to Sewer Services NA • 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/Concerns • Flow is committed • 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 NA • Pressure Zone 4 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water Yes Master Plan • Impacts/Concerns No changes to public water infrastructure proposed. Any unused water main stubs must be abandoned at the main in the road. Page 2 Page 98 Item#6. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend Pro}ea#Lacafrs l �pp,rq SIB RTIG1 0 . RA I idenial '— t Zoning Map Planned Development Map Legend Legend � IPM:}-�y- LC,--0-a- �� _LW I F,o.'' -}- ' ..' r-„ ,,,,,, -i y -• I ' — Purred Pa-Lela C-G L-0 116CA auT j j I C- bus C-G C-G R7 - Ra I { L41 rL-0 III. APPLICANT INFORMATION A. Applicant/Representative: Brenda Brosa,Lombard Conrad Architects— 1221 Shoreline Lane,Boise, ID 83702 B. Owner: Ada County—200 W. Front Street,Boise, ID 83702 Page 3 Page 99 Item#6. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 8/28/2020 11/27/2020 Radius notification mailed to properties within 300 feet 8/26/2020 11/23/2020 Public hearing notice sign posted 9/2/2020,updated on on site 9/25/2020 12/2/2020 Nextdoor posting 8/28/2020 11/23/2020 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Industrial. This designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units, light manufacturing, flex,and incidental retail and offices uses. In some cases uses may include processing,manufacturing,warehouses, storage units,and industrial support activities. The abutting property to the south is designated Commercial. Commercial designations provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail, restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity and amenities. The Applicant proposes to rezone the subject property from I-L to C-G and develop a coroner's office (classified as a public/quasi-public use) for Ada County on this lot and the larger abutting lot to the south,which is already zoned C-G and is designated on the FLUM as Commercial. Because designations on the FLUM aren't parcel specific, an adjacent abutting designation,when appropriate and approved as part of a public hearing with a land development application,may be used. Accordingly,the Applicant requests approval for the abutting Commercial designation to be used for the property proposed to be rezoned as both properties will be consolidated into one property and developed as one. The proposed public/quasi-public use is a desired use in the Commercial designation. The following Comprehensive Plan Policies are applicable to this development: • Encourage infill development. (3.03.01E) The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment of existing parcels to a higher and better use that is surrounded by developed property within the City of Meridian." The subject property is surrounded by some existing development, is directly adjacent to the Franklin Road transportation corridor, and is readily available to connect to city water and sewer. • Focus development and redevelopment intensity on key transportation corridors. (3.07.02C) The proposed public/quasi public use is proposed adjacent to E. Franklin Rd., a key transportation corridor. • Encourage compatible uses and site design to minimize conflicts and maximize use of land. (3.07.00) Page 4 Page 100 Item#6. The County is proposing to develop the 4 acre site with a public/quasi-public use. The proposed use has aspects that pertain to both commercial and industrial uses which makes this a good location. The site has been designed to separate the medical functions of the site from the public entrance. Staff believes the proposed use is compatible with surrounding land uses of retail and warehousing directly to the west and north. • "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 are available to serve the proposed development in accord with UDC 11-3A-21. VI. STAFF ANALYSIS REZONE: A rezone of 1.77 acres of land from the I-L to the C-G zoning district is proposed consistent with the Commercial FLUM designation applied to this property from the abutting property to the south as discussed above. A legal description for the rezone area is included in Section VIII.A. Rezoning this property to C-G consistent with that of the adjacent property to the south will create uniform zoning for the overall property. Although the UDC does not prohibit multiple zones on a single parcel, split zoning does make it problematic to decipher which of the two standards(industrial vs. commercial)to enforce. The rezone to C-G will ensure that the development meets the dimensional standards of one district versus two. Proposed Use: The Applicant proposes to develop the subject property and the abutting property to the south as one property with a coroner's office for Ada County, classified as a public/quasi-public use. Public/quasi-public uses are listed in UDC Table 11-2B-2 as a principal permitted use in the C-G zoning district, subject to the specific use standards listed in UDC 11-4-3-30: Public or Quasi- Public Use as follows: A. Public recreation and community centers: The use shall meet the standards in accord with section 11-4-3-2, "Arts, Entertainment or Recreation Facility, Indoors and Outdoors", of this chapter. B. Public or quasi public office: The use shall meet the standards for office use in accord with the district in which the use is located. Dimensional Standards (UDC Table 11-213-3): Development of the property is subject to the dimensional standards set forth in UDC Table 11- 213-3 for the C-G district. Development Plan: A conceptual development plan was submitted, included in Section VIII.B that depicts a 35,000 square foot 2-story building oriented north/south on the site with the entry fronting on S. Touchmark Way. Access(UDC 11-3A-3): One(1)entry/exit and one (1)exit only is proposed via N. Touchmark Way and one(1)entry only is proposed via E. Lanark St.,both classified as industrial collector streets; no access is proposed or approved via E.Franklin Rd., an entryway corridor. Per the recorded Development Agreement(DA), direct lot access to Franklin Rd. is prohibited. Staff is supportive of the access points depicted on the submitted concept plan. Page 5 Page 101 Item#6. Parking(UDC 11-3C): Off-street parking is required to be provided with development in accord with the standards listed in UDC Table 11-3C-6 for commercial districts based on one space per 500 feet of gross floor area. With a proposed building size of 35,000 square feet, 70 parking spaces are required. The conceptual site plan indicates 117 public parking spaces and 51 secured employee parking spaces for a total 168 spaces,which exceed UDC standards. Sidewalks(UDC 11-3A-1 : Seven-foot attached sidewalks already exist along all of the street frontages.UDC 11-3A-17 requires 5-foot detached along arterial and collector streets. However,because these facilities are fairly new, Staff is not requiring the applicant to replace the existing attached sidewalks with detached sidewalks. Landscaping(UDC 11-3B): A 35' wide street buffer will be required along E. Franklin Rd., an entryway corridor, and 2-010' landscape buffers will be required along N. Touchmark Way and E. Lanark St., designated as ^e"ee*er stfeets in accord with that required with the subdivision,with development and landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping,including 5' wide buffers adjacent to parking, loading and other vehicular use areas, including the planter islands, are required with development per UDC 11-313-8C. Fencing(UDC 11-3A-6,11-3A- • The concept plan depicts secure parking on the west side of the building.Any fencing proposed for this development is required to comply with the standards listed in UDC 11-3A-7. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development in accord with UDC 1I- 3A-21. Any unused water main stubs must be abandoned at the main in the road. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan: The Applicant has submitted conceptual elevations and perspectives of the proposed building, included in Section VIII.C). Future development of this site is required to comply with the design standards in UDC 11-3A-19 and the ASM. Development Agreement(DA): The City may require a DA in conjunction with a rezone pursuant to Idaho Code section 67- 6511A. In this case,the subject property is already governed by an existing DA recorded as Instrument No. 2014-068084. The provisions contained in this agreement are consistent with the provisions staff would require in a new DA. Therefore, staff is not recommending a new DA with the subject rezone request and the property will remain subject to provisions of the existing DA. VII. DECISION A. Staff: Staff recommends approval of the requested rezone with the comment noted in Section IX per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on September 17 and October 15,2020.At the public hearing on October 15t1i,the Commission moved to recommend approval of the subject RZ request. 1. Summary of Commission public hearing: a. In favor: Brenda Brosa,Lombard/Conrad Architects (APplicant's Representative) b. In opposition:None Page 6 Page 102 Item#6. C. Commenting. None d. Written testimony: None e. Staff presentinggpplication: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. In favor of the proposed design of the building. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard this item on December 15,2020. At the public headn_e,the Council moved to approve the subject RZ request. 1. Summary of the City Council public hearing: a. In favor: Brenda Brosa,Lombard/Conrad Architects(Applicant's Representative) b. In opposition: None c. Commenting:None d. Written testimony.None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Council was very much in favor of the proposed design of the building and pleased this use would be located in Meridian. 4. City Council change(s)to Commission recommendation: a. None Page 7 Page 103 Item#6. VIII. EXHIBITS A. Rezone Legal Description and Exhibit Map Exhibit "A" REZONE DESCRIPTION-LOT 2, BLOC -SEYAM SUBMI ION A parcel or land being Lot 2,Black�and the adjacent Right of WaY,5warn Subdivision as recorded in Book 108of Plats,Pages 15674-15676 records efAda County. Located in the SW 1f4 of5ectio+l 9,r,3 N-r R-1 E.,B.M-,Meridian,Ada County,Idaho,more particularly des€rlbed as Failows; Cornmenciog at the Section Corner cpmmpn to Svdians$,5,16,and 17 of said T,3 K.RA E.from which the 1/4 Corner common to Sections 9 and 16 of said T.3 N.r R_1 E. bears N 59°11'45"'E a dlstahCe of 7706.25 fee -'Thence N 89`11'4�'E a distance of 1464.22 feet along the south Jine of said Section 9 to d point;Thence N 00'4Sr14"W a distance of 465-00 Net to the southwest Corner of Lot 2,4314ck 7 of Sevam 5ubdivisian also being the Point of Eeginnfng. Thence follawing the westerly bouniiary Mine of Said Lot�and the northerly extension there¢F N 00"W 14"W a distance of 224.74 feet to a pole t at the centerline of E,Lanark Street; Thancrs following said Centerline 5 83 5E'19"E a distance of 342.41 ferat to a point at interseet3an of _ Lanark Street and IV_Tauchmark Way; Following the centerline of N.Tau chmark Way the follnwing 3 callr.; 7hgnga S OT0342"W a distance of 157.97 feet to a polnt of curvature; Thence 47.83 along t h a arc of a curve to the right said curve having a radius of 300,00 feetr a€entra1 angle of 9'GW05"an d a lartg chord o f 5 04"37'"W,47.78 feet to a paint on a tangent; Thence 5 09'11'46"W a distance of 29.71 feet to a poirit; rhence leaving tih a centerline of N.To uch mark Way and Fal lowing a lean%the south bound ary li ne of said Lot 2 and the Pasterly extension thereof N 99'11'46"W a distance of a3t_48 feet to the Point of Reglnning. Said parcel cantains 1.77 Acres 177,113 SgFt}more or less_ This description is based on data of Record,no field Survey was conducted. o OF14 A M� Page 8 Page 104 Item#6. L E G S N a E X H I E3 I T " B " * CA7GrifiTED PONT —__— eYI"T LEE wwtr wW�R mOrT r.F w6r GFmPEauxE ilEZOW PAL-% �`�ayar'w I� 5}a p7 IrpYr7+ir I gar, � �+W iUp7�N�1CM wr[. rsayr.w+ I + i iCury Tobla r P•r/ Wqr iad.. DOL. �chr C4,rilr Pat mn" ��r11# n i7.RS �� PM� W�h271• a7.ia 61� 4 I rn � O { W { _ � + -— ! FprSr�Rd } PFSC>' },47o r 'ti_. ''~rrdws GrFCE N Ev9jl'45-E 2706-25� 7GKrF I'-lod arwnpAip + r-e U BASIS OF 13EARING CmKrr urcnar m x—R 7H1 Lls�'/7 RcrT I S+ Page 9 Page 105 B. Concept Site Plan �x a F V�O 4 Z C01 - ti� W W r F --- it •y. - w w _ 0i a +; JJC N -ar N W - u � 4 Cr - IVIOk H y W 0 N }r� 0 Ex VI Ld La EA ruxi Page P h m 10 Item#6. C. Elevations(date: 7/09/2020) -_ T T T T T IT ...�. r�;:T T NEW ni _ - . - -- _ IT T T T ; _L�ALLI"Lll 0 ��.. SAiITHGR�4P OONA Page 11 Page 107 CONCEPT VIEWS GROUND VIEW FROM THE EAST AERIAL VIEW FROM THE NORTHWEST Page 12 i rlySrl r y4 Ik. ti���J+ ti J,. .:ev�',•,.S �'�1� 1`ry ��� • 4 �t - r'-- � 5 .1 F ly, .r' �i AERIAL VIEW FROMSOUTHEAST lob low- } + ER I AL VIEW FR 0141 THE SOU y�ti Y Page 13 y Item#6. AERIAL VIEW FROM THE NORTHEAST � � - - y._ Page 14 Page 110 Item#6. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Future development of this site shall comply with the provisions of the existing Development Agreement Instrument#2014-068084. X. FINDINGS A.Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the rezone of the subject site to the C-G zoning district is consistent with the Commercial FL UM designation in the Comprehensive Plan applied to this property from the abutting Commercial designated property to the south on which the majority of the subject property is proposed to develop, also zoned C-G. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed public/quasi-public use will be consistent with the purpose statement of the commercial districts in that it will support the purpose of providing for 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; The City Council finds that the proposed rezone should not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds that the proposed rezone will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city NA Page 15 Page111 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Goddard Creek Subdivision (H-2020- 0092) by Conger Group, Located in the Northwest Corner of W. McMillan Road and N. Goddard Creek Way APPROVED Page 112 Item#7. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N, AND DECISION&ORDER A In the Matter of the Request for Modification to the recorded Development Agreement(Inst. #103012598)to allow the development of age-restricted,single family attached homes instead of offices; Rezone of 5.03 acres of land from the R-4 to the R-15 zoning district; and Preliminary Plat consisting of 34 residential building lots and 8 common lots on 4.62 in the proposed R-15 zone,by Conger Group. Case No(s).H-2020-0092 For the City Council Hearing Date of. December 15,2020(Findings on December 22,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 15, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 15,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 15, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 15, 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 § I 1-5A. 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(Goddard Creek Subdivision—FILE#H-2020-0092) - I - Page 113 Item#7. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 15,2020,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Rezone,Development Agreement Modification, and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 15,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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 permits 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 termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -2- Page 114 Item#7. 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 or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 December 15,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -3- Page 115 Item#7. By action of the City Council at its regular meeting held on the 22nd day of December 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: 12-22-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -4- Page 116 Item#7. Exhibit A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 15,2020 Legend DATE: ElProject Location gm rn TO: Mayor&City Council u FROM: Joseph Dodson Current Associate ® ®®�'pppff� Planner 208-884-5533 SUBJECT: H-2020-0092 --- Goddard Creek Community ® � LOCATION: Northwest corner of W. McMillan Rd. and N. Goddard Creek Way. - -- LH I. PROJECT DESCRIPTION • Modification to the recorded Development Agreement(Inst. #103012598)to allow the development of age-restricted, single family attached homes instead of offices; • Rezone of 5.03 acres of land from the R-4 to the R-15 zoning district; • Preliminary Plat consisting of 34 residential building lots and 8 common lots on 4.62 in the proposed R-15 zone; • Private Streets to provide access to the development; and, • Alternative Compliance to allow common driveways off of a private street. Page 1 Page 117 Item#7. IL SUMMARY OF REPORT A. Project Summary Description Details ` Page Acreage 4.62 Future Land Use Designation MU-C Existing Land Use vacant Proposed Land Use(s Single-family residential,duplex Current Zoning R-4 Proposed Zoning R-15 Lots(#and type;bldg/common) 34 SFR building/8 common Number of Residential Units(type 34(SF attached units) of units) Density(gross&net) 7.36 units/acre(gross);9.09(net) Open Space(acres,total [%]/ 0.56 acres, 12.12%(according to the submitted Open Space buffer/qualified) Exhibit). Amenities One(1)qualified amenity-Covered picnic shelter Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of July 30,2020; 8 attendees attendees: History(previous approvals) This property was granted annexation,preliminary plat,and a conditional use permit as part of the Lochsa Falls Subdivision in 2002(AZ-02-010,PP-02-009,CUP 02-012)and has a development agreement(Instrument#103012598).These approvals granted office uses in the R-4 district. In 2017,the property received CPAM approval from Office and High Density Residential to Mixed-use Community.A PP and FP were also approved.A concurrent RZ,CUP and MDA was proposed to develop the property with 76 multi-family units however,that request was withdrawn.A PP and FP were also approved(H-2017-0007 and H-2018-0014)to develop the self-storage portion of the development.In 2019 an application for 44 attached townhome style single-family units was denied by City Council(H-2019-0068). This application differs from the previous development in that it has 10 fewer units and proposes all age-restricted attached units(duplexes). Written Testimony B. Community Metrics Description Details Page Ada County Highway District — • Staff report Yes (yes/no) • Requires ACHD No Commission Action es/no West Ada School No Comments were submitted by West Ada School District—this is District likely due to project being proposed as an age-restricted development. Page 2 Page 118 Item#7. Wastewater Distance to Sewer Services N/A Sewer Shed White Drain Trunkshed Estimated Project Sewer ERU's See application WRRF Declining Balance 13.97 Project Consistent with WW Yes Master Plan/Facility Plan Additional Comments •Flow is committed •See"WW comments"pdf markup for items that need to be addressed. Water Distance to Water Services 0' Pressure Zone 2 Estimated Project Water ERU's See application Water Quality Concerns None Project Consistent with Water Yes Master Plan Impacts/Concerns •See the attached Water Main Markup for details. •No water main in the shared driveway at the southeast, water services only •Instead of connecting the water main to the southern stub, extend the water main south directly to McMillan to eliminate unnecessary parallel water main. The existing stub will either need to be abandoned or end in a hydrant. •Loop the two deadend water mains near the north boundary line and connect to existing water main in Selway Rapids Ln to create a secondary connection and elimiate two deadend mains.An easement will need to be obtained from Selway Apartments in order to connect of the water main in Selway Rapids C. Project Area Maps Future Land Use Map .Aerial Map Legend ,C) � 0 Legend Project Location [E] Project Location ® Medium De-n1� - LL Residenlial EIF-+H - Higmh Density Residential Icgmm re vial = Low=—ensilyi � Residential - Qffice � � _ Page 3 Page 119 Item#7. Zoning Map Planned Development Legend ,� Legend Project Location .,Project Location C-C City Limits ® ® R.8 = � 4HIR � � Planned Parcels ® � EM L-O L-O R-8 RUT C N R-8 R-8 R=4�®L=0 ffRfflH R O L-0 RUT LSO J _� ---- LES III. APPLICANT INFORMATION A. Owner: Steve Schmidt— 1016 W. Sane to Street,Nampa, ID 83651 B. Applicant Representative: Sophia Durham, Conger Group—4824 W. Fairview Avenue,Boise, ID 83706 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/16/2020 11/27/2020 Radius notification mailed to properties within 300 feet 10/13/2020 11/23/2020 Public hearing notice sign posted 10/26/2020 12/4/2020 on site Nextdoor posting 10/13/2020 11/23/2020 V. STAFF ANALYSIS Comprehensive Plan: The subject property is designated MU-C on the fixture land use map. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use-Neighborhood areas,but not as large as in Mixed Use— Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Page 4 Page 120 Item#7. When the FLUM was changed in 2017, staff had analyzed the viability of three different land uses on the subject property. At the time of the FLUM change,the plan consisted of multi-family and a self- service storage facility. In determining the appropriateness of the land use change staff determined that other commercial and office uses approved next to the storage and multi-family development would serve as the third land use type to support the requested FLUM change. Prior to City Council's action on the previous development,the applicant of the multi-family project withdrew their CUP application. Therefore,the subject 4.62 acre parcel is still governed by the original development agreement which allows office to develop on the property. The applicant now desires to develop the site with 34 age-restricted(55 years of age and older) single-family attached and units in the form of duplexes. Staff has evaluated the existing land uses and zoning in the area to determine if this stand-alone residential project is attainable. This area is primarily developed with single-family homes with the exception of the apartment complex to the north. To the west of the adjacent storage facility and at the nearby intersection of Ten Mile and McMillan,more commercial uses are currently being built including restaurants and a gas station. In addition this age-restricted product would be an additional option for this demographic as the large commercial parcel to the west is entitled for an age-restricted multi-family development(they have applied for building permits at the time of writing). Because the applicant is proposing to provide housing diversity in the area and other land uses are nearby the development, staff believes the plan is consistent with the MU-C designation. The project also falls within the target density of 6 to 15 dwelling units per acre as the proposed gross density is 7.36 dwelling units to the acre. COMPREHENSIVE PLAN POLICIES: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.01.01 G) The proposed development will contribute to the variety of residential categories that currently exist in this area (i.e. duplexes). Staff is unaware of how "affordable"the units will be. • "Encourage development of universally accessible home designs within new developments and home retrofits, allowing residents to age in place and creating full accessibility for all residents of varying levels of physical ability."(2.01.O1E) The subject development is proposed as an age-restricted community and part of that should be the ability for residents to age in place. Staff is unaware of the accessibility of these homes for residents with barriers to physically access these units. Staff therefore recommends that the Applicant clarify this for Staff and if no units are ADA accessible, Staff recommends that a certain number of the units should be constructed as such. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) The subject property is under S acres in size and the UDC does not require that the applicant provide common open space. To ensure the project offers some open space for its intended residents, the Applicant is proposing to provide approximately 12 percent common open space for the development and include a covered picnic area as the amenity. Staff finds that the open space and amenity leaves something to be desired and is not particularly exciting but with the intended demographic for the development, large swaths of open space is not needed. The residents would have ample access to sidewalks should they desire to go for Page 5 Page 121 Item#7. longer walks through the proposed common lots. Staff finds that the proposed open space and amenity can provide adequate area for the target demographic. • "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) Development exists adjacent to the subject site in all directions with City services readily available in McMillan Road. Public Works has committed flow to the property and all levels of service are available and adequate to serve the site(i.e. Fire and Police). • "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) The UDC(11-3A-3) restricts access to arterial streets when access is available from a local street. Access to and from the development is provided along the north boundary via a private street(W.. Apgar Creek Lane).Access is not proposed to McMillan Road. REZONE The applicant requests to rezone 5.03 acres of land from the R-4 zone to the R-15 zone consistent with the MU-C FLUM designation. DEVELOPMENT AGREEMENT MODIFICATION The applicant is requesting to modify the recorded Development Agreement(Inst.#103012598) to development the site with 34 single-family attached homes(duplexes)instead of offices. The applicant is requesting to exclude the subject property from the boundary recorded DA and enter into a new one that governs this site specifically. Staff's recommended DA provisions are included in Exhibit VIII below. PRELIMINARY PLAT The proposed preliminary plat consists of 34 building lots and 8 common lots on 4.62 acres in the proposed R-15 zone. Dimensional Standards(UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. The proposed plat complies with these standards. Access(UDC 11-3A-3): Access is proposed via an existing private street,W.Apgar Creek Lane and access via McMillan Road is prohibited. The Applicant is also proposing an emergency-only access to McMillan Road to be limited by bollards as approved by the Fire Department. Private streets are not typically intended for single-family developments unless designed with a mew or gated community.However,to avoid having a public road off of a private street(Apgar Creek Lane)that connects to another public street(Goddard Creek Way), and with access to McMillan Road prohibited, staff is of the opinion the internal private street is appropriate.In addition,the private street standards require that they connect to a local or collector street which this property does not have access to due to McMillan being an arterial and any access to Goddard Creek Way would not meet ACHD separation requirements for access.Therefore,the Applicant is applying for alternative compliance in Page 6 Page 122 Item#7. order to provide internal private streets on Lot 42,Block 1 for internal access within the development. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4. The proposed private street is 24 feet wide with 5-foot sidewalk on the internal side of the street.To ensure adequate guest parking is provided,the applicant is proposing a guest parking area along the north side of the private street across from lots 14- 18,Block 1,lots that abut McMillan Road. Additionally,the private street standards prohibit common driveways from taking access from private streets,unless approved by the director with an alternative compliance application.Alternative compliance has been requested in accord with 11-3F-4A.6,to allow the two(2) common driveways to be accessed off the private street.Because of the access constraints and the fact that it is a small compact,infill development,the Director approves the request for alternative compliance. Note: One of the perpectual issues within the area surrounding the subject site is inadequate parking and to help address this issue the Applicant has proposed to widen the existing private street,Apgar Creek Lane,to 32 feet wide to allow on-street parallel parking on its southern edge.This widening should allow approximately 8 additional parking spaces along this private street. The Private Street standards are intended for developments that provide a mew(shared vista) or are a gated community. The Applicant is not proposing either of these because of the site constraints discussed above.However, Staff cannot ignore these standards and therefore the Applicant should attempt to meet these requirements. Staff recommends that the Applicant construct faux gates at both entrances to help it appear to be a private development which would also add a nice entry feature.With the final plat submittal,the Applicant will be required to apply for Alternative Compliance to propose an adequate alternative to these standards. Common Driveways (UDC 11-6C-3) All common driveways are required to comply with the standards listed in UDC 11-6C-3D. Two (2)common driveways are proposed that comply with UDC standards. Common driveways should be a maximum of 150' in length or less,unless otherwise approved by the Fire Dept. An exhibit is required to be submitted with the final plat application that depicts the setbacks,fencing,building envelope and orientation of the lots and structures.Driveways for abutting properties that are not taking access from the common driveway(s)should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s)is required to be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment.A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Signage should be provided at the ends of the common driveways for emergency wayfinding purposes as requested by the Fire Department. Sidewalks (UDC 11-3A-17 Private Streets do not require sidewalks within a residential development per the private street standards. There is existing sidewalk along both McMillan Road and Goddard Creek Way Page 7 Page 123 Item#7. adjacent to the subdivision;there is no existing sidewalk along W.Apgar Creek Lane,the private street abutting the subject site to the north.With the proposed expansion of Apgar Creek Lane by the Applicant, 5-foot detached sidewalk is also being proposed that would connect this subdivision to Goddard Creek Way along the northern boundary. However,there is also existing sidewalk along the western side of the existing Apgar Creek Lane where it turns into N. Selway Falls Lane(the enterance into the Selway Apartments)that the Applicant is not showing a clear sidewalk connection to. The Applicant should continue the existing sidewalk from Selway Apartments into this site and provide a clear crossing from that side of the street to the proposed 5-foot attached sidewalk along the interior of the proposed private street that loops through the development.It is unclear on the submitted plans if the Applicant is also proposing to use the common driveway/emergency access as an added pedestrian connection to McMillan Road but the Applicant has stated to Staff this is the intent. The Applicant should revise the plans to clarify this prior to the City Council hearing. The submitted plat shows the common driveway as 20 feet wide with 5 feet of landscaping on each side which exceeds code requirements. The most eastern area of landscaping should remain and the other 5 feet of area should be used as the pedestrian connection and should be clearly defined with pavers,stamped concrete,or similar to clearly delineate the driving surface and the pedestrian path to McMillan. In addition,any area where pedestrians will need to cross the street from the interior sidewalk loop to areas on the perimeter(i.e.to and from Selway Apartments,the open space area and the common driveway) should be clearly deliniated from the driving surface with pavers,stamped concrete,or similar for added pedestrian safety and clarity. Staff has included DA provisions in line with these recommendations. Landscaping(UDC 11-3B1: Landscaping is required within street buffers(11-3B-7C), and within common open space areas (11-3G-3E) in accord with UDC standards. Note: The street buffer landscaping to McMillan Road and Goddard Creek Way is existing and the Applicant is not required to provide more landscaping—the Applicant is not proposing any more landscaping in these areas. The Applicant has proposed a larger common open space lot shown to include five(5)Class II trees which exceeds the requirement of one(1)tree per 8,000 square feet of open space. All other landscape areas appear to be landscaped per city code requirements including those areas with proposed seepage beds. Qualified Open Space(UDC 11-3G-3): The UDC does not require the applicant to provide any qualifying open space because the project is less than 5 acres. However,the applicant recognizes that this is an infill development and the surrounding residential developments have ample open space. In order to complement the surrounding developments,the applicant is proposing 24,415 square feet of open space (12.12%), of which 13,367 square feet would qualify under UDC 11-3G-3 standards. This amounts to approximately 6.49%of qualified open space. The large open space lot within the development also includes the proposed amenity, a covered picnic shelter. Some of the area shown as qualifying on the submitted open space exhibit does not qualify under the UDC standards because it is not wide enough; those landscaped areas adjacent to W.Apgar Creek Lane need to be at least 20 feet wide in order to count as linear open space. The removal of this area and taking half of the arterial buffer area is how Staff came to the reduced number of qualifying open space when compared to the data shown on the open space exhibit(Exhibit VILD). Page 8 Page 124 Item#7. The existing utilities to serve this development are stubbed in from McMillan Road and require an easement by Public Works.The Applicant is utilizing this requirement to incoroporate one of their common driveways for this area in the southwest corner of the site.Further,this common driveway is also being utilized as the secondary emergency access. Staff is supportive of the amenity package and qualified open space for this development due to the resident demographic,its relatively small size, and the proximity of Heroes Park that has easy pedestrian access from this development via sidewalks. Parking(UDC 11-3C): Parking for single-family dwellings is required based on the number of bedrooms per unit. For 1- 2 bedroom units,a minimum of 2 spaces per unit are required with at least one of those spaces in an enclosed garage, other space may be enclosed or a minimum 10' x 20' parking pad. For 3-4 bedroom units, a minimum of 4 spaces per unit are required with at least 2 of those spaces in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pads. Each of the units are required to comply with the parking standards set forth in UDC 11-3C-6. Because of the proposed 24-foot wide street section, on street parking is prohibited. As mentioned above,the applicant is providing 16 guest parking stalls within the project and is widening the existing private lane abutting the site to the north to provide additional parking for the development. Parking stalls are required to measure 9' x 19' in accord with UDC Table 11-3C-5. NOTE: Parking is a concern in the area.The City has received multiple complaints from residents in the area because the existing apartment complex does not have adequate parking. To address this concern,the Applicant has proposed the above additional parking spaces and proposed this project as an age-restricted development which tends to be over parked and create less traffic than traditional subdivisions or commercial development. Fencing(UDC 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. Utilities(UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. One issue presented by Public Works is regarding the proposed sewer and water mains shown in the common drive in the southeast corner; Public works requires that if the common drive serves three(3) or less properties that only service lines should be constructed and not mains. The main issue is regarding the water line layout and a requirement to connect to the existing main within W.Apgar Creek Lane from both of the proposed stubs off of this road to create a looped system.The Applicant would need to obtain an easement from Selway Apartments to connect their existing main.In addition,Public Works is requesting that the Applicant change the connection point to the water main within McMillan Road to connect directly south of the emergency access instead of heading east within the landscape buffer. See Section VIII.B below for specific Public Works comments/conditions regarding the requested changes to the utilty layout. Page 9 Page 125 Item#7. Pressurized Irrigation System (UDC 11-3A-1 : An underground pressurized irrigation system is required to be provided for each lot within the development. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The design of structures on this site is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual because they are an attached product with two or more dwelling units. The development should incorporate high quality architectural design and materials that is also consistent with the MU-C designation. Conceptual building elevations are proposed as shown for the single-family attached units. All structures within the development are required to comply with the residential design standards listed in the Architectural Standards Manual.An administrative design review application must be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. Page 10 Page 126 Item#7. VI. DECISION A. Staff: Staff recommends approval of the proposed rezone, development agreement modification and preliminary plat and the Director approved the private street and alternative compliance applications per the conditions included in Section VIII. in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on November 5,2020.At the public hearing,the Commission moved to recommend approval of the subject Rezone, Preliminary Plat, and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Hethe Clark,Applicant Legal Representative b. In opposition:None C. Commenting: Hethe Clark;Dan Fisher,neighbor; Penny Fisher,neighbor. d. Written testimony: One—Dr. Laurie Bower e. Staff presenting application: Bill Parsons, Planning Supervisor. f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Parking issues that persist within adjacent apartment complex; b. Concern over the proposed elevations that face towards the public right-of-way. 3. Key issue(s)of discussion by Commission: a. Who and how are the proposed Private Streets to be maintained; b. The number of units taking access from the two common drives, c. The applicability of a centralized trash receptacle location for those homes on the common drives; d. What is the detail and quali , of the proposed amenities and open space. 4. Commission change(s)to Staff recommendation: a. Limit the number of units off of the proposed common drives to no more than 3 units each; 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on December 15,2020.At the public hearing.the Council moved to approve the subject Rezone.Preliminary Plat.and Development Agreeemnt Modification requests. I. Summary of the City Council public hearing a. In favor: Hethe Clark,Applicant Representative b. In opposition: None c. Commenting: Hethe Clark; Penny Fisher,neighbor. d. Written testimony:None e. Staff presenting application: Joseph Dodson. Current Associate Planner £ Other Staff commenting on application: Bill Nary, City Attorney; Joe Bongiomo. Deputy Fire Marshall.^ 2. Key issue(s)of public testimony: a. Probability of the proposed on-street parking alone Apgar Creek Lane being labeled as parking for this development—Applicant does not control Apgar Creek Lane and would have to obtain approval from Selway Apartments. 3. Key issue(s)of discussion by City Council: Page 11 Page 127 Item#7. a. How did the Applicant come to the conclusion that office uses are not necessary on this an reel: b. Potential of a signal being installed at the intersection of Goddard Creek Way and McMillan Road. 4. City Council change(s)to Commission recommendation. a. None Page 12 Page 128 Item#7. VII. EXHIBITS A. Rezone Legal Description and Exhibit Map RE-ZONE DESCRIPTION FOR RI ZONE GODDARD CREEK TOWNHOUSE SUBDIVISION Lot 2,Block 1 of Goddard Creek Subdivision as filed in Book 114 of Plats at Pages 17060 through 17062 and a portion of the SE 114 of the SW 114 of Section 26, T.4N.,R.1 W.,B.M.,Meridian,Ada County,Idaho more particularly described as follows: BEGINNING at the NW corner of said Lot 2; thence along the along the North boundary line of said Lot 2 South 88°58'36" East,476,28 feet to the NE corner of said Lot 2; thence along the easterly boundary line of said Lot 2 the following 5 courses and distances: thence South 00°31'17"West, 107,36 feet; thence 7.85 feet along the arc of a non-tangent curve to the right,said curve having a radius of 30.00 Peet,a central angle of 14°59'49"and a long chord which bears South 08°06'33"West,7.83 feet; thence South 15°36'33"West,96,54 feet; thence 131.94 feet along the arc of a non-tangent curve to the left,said curve having a radius of 252,00 feet,a central angle of 29°59'51"and a Iong chord which bears South 00'35'25"West, 130.43 feet; thence South 14°23'27"East,58.02 feet; thence continuing along the easterly boundary line of said Lot 2 and the southerly extension thereof South 00°37'38"West,78,37 feet to a point on the South boundary line of said Section 26; thence along said South boundary line North 88°58'46"West,468,83 feet; thence leaving said South Boundary line and along the West boundary line of said Lot 2 and the southerly extension thereof North 01'01'14"East,473.31 feet to the POINT OF BEGINNING. Containing 5.03 acres,more or less. 7729 s 511311� G.C Page 13 Page 129 Item#7. W. SELWAY RAPIDS LN. _588'58'36"E 476,28 REAL POINT � OF BEGINNING � t`{M I ' N I C1 a M I r�. W � U BLOCK 1 0 wl 5,03 ACRES a TI f O o f � S14'23'27"E I I�SO'37'38"W _ 78.3T W. McMI_LL_AN RD. r N88'S8'46"W 468,83'� dY CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 30.00 7.85 7.83 NB'06'33"E 14'59'49" �r C2 252.00 131.94 130.43 SO'36'25"W 29'59'51" � l P LA s 25 100 300 CL 7 7229 p 0 50 200 (P 5I3)1 ZO qr \aP SCALE: 1" = 100' c�eYG cP��� JOB N0. IDA O EXHIBIT DRAWING FOR 19-093 11 W.EMERALDST- R15�-REZONE DESCRIPTION SHEET NO. CoalII ICAHDes7D4 SURVEY I2p II slo GODDARD CREEK TOWNHOUSE SUBDIVISION GROUP, LLC LOCATED IN THE SE 1/4 OF THE SW 1/4 DF SECTION 28.T.4N.,RAW.,R.M., nWO.DATE MERIDIAN.ADA COUNTY.IDAHO 5/13/2019 Page 14 Page 130 Item#7. B. Preliminary Plat(date: 9/2/2020) GODDARD CREEK SUBDIVISION �0 W° PR6IE7 SiE PRELIMINARY PLAT RE-Si•HDIVISION OF LOT 2BLOCK I,GODDARD CREEK SCBDIVI5ION, + � --- mW 4R SS TAN,H.IE,SEC.26,ADA COUNTY,MERWLAN,[OAHO - .; a - 'W �� ENS � ; , W> .' zanEo sm RfSo[MNL ", I' ,. L �7 ---- ------ ON- r I` CyrI 41, LINEfYPES:'� Q z E • � xn.mm nnnn. "� \ �xl .,• � �o —gyp F� � �� L PBBNEVwnoNS — may S-- _ -_ � - -- — -� '' � _ ,max,r •�o er- -- -' - it e��w _77- Page 15 Page 131 C. Landscape Plan(date: 9/2/2020) I j I ocNs PLANT SCHEDULE 0 49— CITY REQUIREMENTS PRE-PLAT ems,yea —1 J/ 04 A, 1 ........... 4 , ""1 i N SITE DEVELOPMENT FEATURES T,, Z=1111 17.11 11 4- LEGEND rb P, W.WMILLAN RD. ow— DEVELOPER ENGINEER LANDSCAPE PLAN �/�, VICINITY MAP L1.0 Page 16 Item#7. A ���� rcn � nze�ra,R nr.a.xx,r rrm rw.r2 rrv�cx �..aaE E�.nwas uur mm rw.e �`� 36 �^ SIIRl1E PLAMIIJG CETAL� mw y �ari�a rsm 3.0 MMPio n�o xeare0.M«max u — ae'.e, CCNIFEROUO TTEE PLAMINO LETAL n OECIW WSIf�PLANRJG OETPL u LANDSCAPE NOTES area Ve s,.�, O VALLIMIMMFENCE a+ mmcu� n 6 HIGH YINYL F CE V aek Page 17 Page 133 Item#7. D. Open Space Exhibit GODDARD CREEK SUBDIVISION OPEN SPACE EXHIBIT 9- RESUBDMSION OF LOT 2 BLACK I,GODDARD CREEK SDBDMSION, + wW TAN,R.IE,SEC.26,ADA COUNTY,MERIDIAN,IDAHO ¢W z l= Ia w �3 + _ 91WAY-- 61Y- - I I a J' TA _r- G -------------------- m w .�v o„ a N O y _ - me 2 000m Page 18 Page 134 B. Conceptual Elevations GENERALNOTES FINISH LEGEND �:LLI @���.�Lam"o nr. HIP ROOF OPTION E. ON GABLE ROOF OPTION LU FM �M(RIFAR)7LEVATION-HIP ROOF OPTION ELEVATION-GABLE ROOF OPTION �IENTRY(FRONT)ELEVATION-HIP ROOF OPTION �'LFRONT)ELEVATION-GABLE ROOF OPTION / ----------_-----_ 9agc |0 GENERAL N07ES k'SHEETKFYNOTFS w z X w FINISH LEGEND SID E TYP.-HIP ROOF OPTION �A lr�F,ELEVA710M TYP.-GABLE ROOF OPTION LU wo ,w EIL -LF-- IL-37-- Fi-i PATIO(REAR)ELEVATION-HIP ROOF OPTION (j�UTI�(REAR)ELEVATION-GABLE ROOF OPTION COLOR PALETTES sm wmn. mop ELEVATIONS ,B\ENTRY(FRONT)ELEVATION HIP ROOF OPTION (FRONT)ELEVATION-GABLE ROOF OPTION m, A4.0 Page 20 Item#7. F. Public Works—Water Markup SrN�Ls �, GODDARD CREEK SUBDIVISION PNaE�slrE — � �.,.•w, �Zs PRELIMINARY PLAT , `�► ' ' �yx ° RE-SUBDIVISION OF LOT 2 BLOCK I,GODDARD CREEK SUBDIVISION, � -- ° 1-' u00 w w TAN,R.IE,SEC.26,ADA COUNTY,MERIDIAN,IDAHO W s w F rn QW scut= , -.w ZONFD x IIY ---- '° � �, _A w.se�rnr Lu, � II key■�.���►� +L� = - - -- — { .... .. fzF to — � � o I ° ommW \ / c.m / w 4II F r N A9 MNATIIONS -- lJ -L-2 L- - Q r m z/ xG — a�,-rcirtlm . pia rE T - —k m'9mo P a �_' �-'•moo• '...-- Page 21 Page 137 Item#7. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Within six(6)months of Council's approval of the findings for the rezone and prior to submittal of a final plat application,the developer shall sign and obtain Council approval of the development agreement with the following provisions: a. Future development of this site shall comply with the preliminary plat,landscape plan, and conceptual building elevations(single-story) included in Section VII and the provisions contained herein. b. The Applicant shall widen W. Apgar Creek Lane(the existing private street abutting the subject site)by eight(8)feet in order to accommodate on-street parking along the southern side of the street as shown in the proposed preliminary plat(Exhibit VII.B). c. Any area of the plat where pedestrians need to cross the private street for added pedestrian connectivity shall be constructed with pavers, stamped concrete,or similar in order to clearly delineate the pedestrian pathways from the driving lane;this includes the proposed pedestrian connection that runs next to the southwest common drive (Lot 12) that connects to W. McMillan Road. d. The proposed development shall be an age-restricted(55 years of age and older) development as proposed by the Applicant. e. Each common drive shall be limited to providing access to no more than three(3) dwelling units. 2. The preliminary plat included in Section VII.B, dated 9/2/2020 shall be revised as follows at least ten(10)days prior to the City Council hearing: a. Depict zero lot lines on those lots that have shared walls. b. Clearly depict all pedestrian connections within the development on the plat, specifically the pedestrian connection adjacent to the common drive/emergency access (Lot 12). c. Add a sidewalk connection within Lot 1 that continues the sidewalk on the west side of N. Selway Falls Lane. d. Show all pedestrian crossings as pavers, stamped concrete,or similar to clearly delineate pedestrian connections and provide Staff a pedestrian exhibit that shows this and shows a cross-section of the crosswalks. 2. The landscape plan included in Section VII.C,dated 10/18/19 shall be revised as follows: a. Provide the details of the site amenities with the submittal of the final plat application. 3. Private streets within the development are required to comply with the design and construction standards listed in UDC 11-3F-4.Exception:Alternative Compliance was approved to UDC 11-3F-4A.6 to allow the common driveways off of the private street and to allow private streets off of an existing private street instead of a local or collector street. 4. Applicant shall provide the common open space and amenities as proposed on the landscape plan(Exhibit VII.C). 5. The Applicant shall construct all fencing as shown on the submitted landscape plan and in accord with UDC 11-3A-7. Page 22 Page 138 Item#7. 6. On-street parking is only allowed in the designated guest parking area as shown on the attached plans. The private streets shall be posted with"no parking"signs. 7. Off-street parking shall be provided for this site as set forth in UDC Table 11-3C-5 and 11- 3C-6. 8. An exhibit shall be submitted with the final plat application for the lots accessed by the common driveway that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that are not taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 9. Provide address signage at the street for homes on Lots 8-11 and 18-21,Block 1 accessed by the common driveway for emergency wayfinding purposes. 10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 11. All structures within the development are required to comply with the residential design standards listed in the Architectural Standards Manual.An administrative design review application shall be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. 12. With the final plat application submittal,the Applicant shall submit an Alternative Compliance application to provide an adequate alternative to gates,as required by the private street standards in UDC 11-3F-4. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Remove the water mainline from the shared driveway at the southeast,water services will need to be extended from the mainline. 2. Instead of connecting the water main to the southern stub, extend the water main south directly to McMillan to eliminate unnecessary parallel water main. The existing stub will either need to be abandoned or end in a hydrant. 3. Loop the two deadend water mains near the north boundary line and connect to existing water main in Selway Rapids Ln to create a secondary connection and elimiate two deadend mains. An easement will need to be obtained from Selway Apartments in order to connect of the water main in Selway Rapids 4. Intermediate manhole located at the intersection of W.Apgar Creek Loop and the western shared driveway needs to be relocated further into the travel way to avoid conflict with the curb and gutter. 5. Remove the sewer mainline from the eastern Shared driveway, and instead run individual services to serve the lots. Manholes are required at all mainline angle changes. General Conditions of Approval 3. 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 Page 23 Page 139 Item#7. 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. 4. 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. 5. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. Page 24 Page 140 Item#7. 13. 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. 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 15. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-12-3H. 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 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. 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 ACED. 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 proj ect. 23. 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. 24. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 25. 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. Page 25 Page 141 Item#7. 6. MERIDIAN FIRE DEPARTMENT(MFD) https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=213839&dbid=0&r0o=MeridianC ity 7. SETTLER'S IRRIGATION DISTRICT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=213917&dbid=0&repo=MeridianC 8. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=214296&dbid=0&r0o=MeridianC fty 9. MERIDIAN POLICE DEPARTMENT(MPD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=214306&dbid=0&repo=MeridianC fty 10. CENTRAL DISTRICT HEALTH(CDH) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=214496&dbid=0&repo=MeridianC ky 11. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=215221&dbid=0&repo=MeridianC Lty 12. COMMUNITY DEVELOPMENT—SCHOOL TABLE https:llweblink.meridianci(E.org/WebLink/Doc View.aspx?id=214999&dbid=0&r0o=MeridianC iv IX. FINDINGS A. 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; Council finds the proposed density and associated R-15 zoning designation is consistent with the applicable provisions of the Comprehensive Plan in regard to the MU-C future land use map designation for this site. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment and subsequent development will contribute to the range of housing opportunities available in the northern portion of the City. Page 26 Page 142 Item#7. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council finds that the proposed zoning amendment will not be materially detrimental to the public health, safety, or 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 Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Because this application is for a rezone, this finding is not applicable. B. PRELIMINARY PLAT(UDC 11-6B-6) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire,ACHD, etc) to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Commission or Council's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. Page 27 Page 143 Item#7. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. C. PRIVATE STREET(UDC 11-3F_4) In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4. See analysis in Section Vfor more information. 2. Granting approval of the private street would not cause damage hazard, or nuisance,or other detriment to persons,property,or uses in the vicinity; and The Director does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Both ACHD policy and the UDC prohibits access to McMillan Road if local street access is provided. With the development of the property to the north, the Director finds that local street access has been provided via a private street. 4. The proposed residential development(if applicable)is a mew or gated development. The proposed residential development does not include either a mew or proposes gates. Due to the site constraints, existing road network, and proposed use of an age-restricted development outlined in Section VII, the Director is requiring that the Applicant apply for Alternative Compliance to this requirement to in order provide an adequate alternative with the Final Plat application submittal. D. ALTERNATIVE COMPLIANCE In order to grant approval for alternative compliance,the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Access to this development is provided by a private street and the UDC restricts access to McMillan Road, an arterial street.ACHD is also restricting access to Goddard Creek way, a collector street, Because the property is not served by internal public streets, the Director finds strict adherence to the UDC is not feasible and approves the request for the common driveways to take access from the private streets as proposed. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the infill and age-restricted development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it contributes to the unique character of the area and provides diversity in housing types available within the City. Page 28 Page 144 Item#7. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties and will actually contribute to the character and variety of housing types in this area of the City. Page 29 Page 145 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Landing South (H-2020-0005) by Jim Jewett, Located at 660 S. Linder Rd. APPROVED Page 146 Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW ... AND DECISION& ORDER , In the Matter of the Request for Preliminary Plat Consisting of Eight(8)Buildable Lots and Two (2) Common Area Lots on 2.27 Acres of Land in the R-4 Zoning District for The Landing South,by Jim Jewett. Case No(s). H-2020-0005 For the City Council Hearing Date of: December 15, 2020 (Findings on December 22, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 15, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 15,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 15,2020,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 THE LANDING SOUTH—PP H-2020-0005 - I - Page 147 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 15,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 15,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11-6B-7C). 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 § 67-6521, 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 December 15,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE LANDING SOUTH—PP H-2020-0005 -2- Page 148 Item#8. By action of the City Council at its regular meeting held on the 22nd day of December 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: 12-22-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE LANDING SOUTH—PP H-2020-0005 -3- Page 149 ►tem#s. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 15, 2020 Legend DATE: -- Project Lc=tor TO: Mayor&City Council FROM: Sonya Allen,Associate Planner [ 208-884-5533 f E SUBJECT: H-2020-0005 l Landing South—DPP LOCATION: 660 S. Linder Rd. (Parcel ----- #51213233965;NW'/4 of Section 13, -. T.3N.,R.1W.) El I. PROJECT DESCRIPTION Rezone of 43 aeres of land f am the n n t the n 8 , g disc t; a* Preliminary plat consisting of 40 8 building lots and-2 common lots on 2.27 acres of land in the proposed R 9 R=4 zoning district. Note: The Applicant has submitted a revised preliminary plat(and associated plans) that complies with the R-4 dimensional standards and a request for withdrawal of the rezone application: the staff report has been updated accordingly. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.27(includes area to section line of Linder Rd.that is owned fee simple) Existing/Proposed Zoning R-4 existing/p 9 proposed Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre) Existing Land Use(s) Residential(single-family home&accessory structures) Proposed Land Use(s) SFR(single-family residential) Lots(#and type;bldg./common) 4-0 8 buildable lots/-3 2 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 44 8 units total[(^" F nily duplex dwellings-With^total of units) oFore its&6 standard SFR detached dwellings) Density(gross&net) 646 3.52 units/acre(gross);7�5 4.23 units/acre(net) Open Space(acres,total 047 0.32 of an acre including street buffer along Linder [%]/buffer/qualified) Rd. and area where the Kennedy Lateral is located. (Note: Pagel Page 150 Item#8. Description Details Page Qualified open space is not required because the site is below 5 acres in size) Amenities . None proposed(Note: Qualified site amenities are not required because the site is below S acres in size) Physical Features(waterways, The Kennedy Lateral runs along the north boundary of the hazards,flood plain,hillside) site and has been piped Neighborhood meeting date;#of 10/17/19;3 attendees attendees: History(previous approvals) Johnson Annexation(Ord. 631 in 1994),no DA;ROS #2605 (created subject parcel) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via an existing local stub street from the north(S. (Arterial/Collectors/State Spoonville Ave.);an emergency access via Linder Rd. exists to the north Hwy/Local)(Existing and on Lot 55,Block 5 in Landing Subdivision No. 12 Proposed) Traffic Level of Service Better than"B"(Linder Rd.) Stub No other stub streets exist to this property other than from the north(S. Street/Interconnectivity/Cross Spoonville Ave.),from which access is proposed;no stub streets are Access proposed to adjacent properties to the east or south as those properties have already developed. Existing Road Network None Existing Arterial Sidewalks/ There is an existing attached sidewalk along Linder Rd. constructed in Buffers 2015 with the adjacent road improvements but no street buffer Proposed Road None(proposed right-of-way dedication to total 48' from section line of Improvements Linder Rd.abutting the site) Fire Service • Distance to Fire Station 2.3 miles • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#1 —can meet response time goals • Resource Reliability 75%-does not meet the target goal of 80%or greater • Risk Identification 2 current resources would not be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will not require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Page 2 Page 151 Item#8. Police Service • Distance to Police 2.5 miles Station • Police Response In an emergency,just over 3 minutes,with an average time of just under 4 Time minutes(meets target goal) RileridLem p¢I PL ment.The landing�jZah L, akmo or newel_-,elm•enl E.603L,nderAord 71Tr FrYme- 112141,f24)19-0L(31J20W Lrapl oF'"4&;LoS1.DplyarPe WUppQIln.0 0IgrkT.111p-M7491 Calls for Serrloe ICF%�:llesponse time-tMspotilm 1aArdwd Io11 unitsM .%rrrnp PesP7'sr Ti—t- 4f p"arlgy: VtV Or OMMIAP' PrianYy 3 3:49 PrAxMle 2 7.03 Araxkp 1 16,34 Auerare Response Trues bs Flmarlty:Vmv Armn"T 9:45 Crll%fWSorrlor ICFSr Coils wtunfntlnRD'M)1!' CFS Caunr 7arrr 2,SA¢ k of Ullt lnr riaiwlrr ip lit;Prlearf In-WAS, 't GI R3 CF3 14n .•nf'Rr CFS 7L9% 1I:of PA M 24 8% %qPo efs a.ax DORM cArne coal romd 3i] Creshei '[rash 10 nr TW2 n West Ada School District 1nrDlimpM Capaaty Wei. • Distance(elem,ms, Pznwrine{lernrntary $56 650 ! hs) MI Alan Mddle St i&M 12110 Im 1.9 • Capacity of Schools ' e'Lell I Hip 5&00M 1975 MC0 10 • #of Students dr.ie Lu the abundant anwunl d Rrvarth In Lhe afea,Vfe3l01da fi adludy buddng new sutioals,and hcurdarles m always Enrolled Ghaning 7h"Iutpr+41u14n14 cA,lld pgyfnr411y atto+ld Pl rcrM y14W Flenxnlir%21nd C"hre Kch Srhwl, • #of Students Predicted from this 9 development Wastewater L • Distance to Sewer Directly adjacent Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project 14 units total—(4)2-family duplex dwellings for a total of 8 units&6 standard Sewer ERU's SFR detached dwellings • WRRF Declining 13.88 Balance • Project Consistent No sewer mainlines in common drives,only sewer services(reminder that a with WW Master maximum of three services are allowed into a manhole,with a minimum 30- Plan/Facility Plan degrees of angle separation). Water • Distance to Water Directly adjacent Services • Pressure Zone 3 • Estimated Project 14 units total-(4)two-family duplex dwellings for a total of 8 units&6 Water ERU's standard SFR detached dwellings • Water Quality None • Project Consistent Yes with Water Master Plan Page 3 Page 152 1U, 1 1 ' JP6.IN ■. ■ _ } `— — • !"-�;`l� .err,-f•',{•'� .. F7.1' Is ■mooed ;x' min Hill - an � 2 uuw v 111 II 111 I Ilamluuu .' 7aie - NI 1111111 1111111 ■—�_� III-1 I'I.r * • IIIIL i m 'LI'J 1 1 ue. ' '; -11111111 .. : :■ .�-;1■■1■1 _ •I a.1.111.1.1 ■� ;ININIII ■ 1■11■1■ �__ 111111"I • "- II IIZ�-" , milli =- '■11.11 1.== .111 -- -- � ' •1II.II � +111111 . . Ell III ml..I. IIIIII 1111=�°■111■■ ��� IIIIIINNII'. - � uuuIllllu -■1 w � j �� III I II IIIII IIfN - _mill„ ti+ 0--1■IN Item#8. C. Representative: Nick Bennett, Sawtooth Land Surveying—2030 S. Washington Ave.,Emmett,ID 83617 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in newspaper 3/13/2020; 9/25/2020 7/24/2020; 11/27/2020 Notification mailed to property owners within 300 feet 3/11/2020; 9/23/2020 7/21/2020; 11/23/2020 Applicant posted public hearing notice on site 5/20/2020; 10/5/2020 8/12/2020; 11/25/2020 Nextdoor posting 3/12/2020; 9/23/2020 7/21/2020; 11/23/2020 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Medium Density Residential(MDR). The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The proposed development consists of 4x-(6)eight 8 single-family detached homes and f••r(^" f Y ily deple es f r a total of 14 units over-all at a gross density of f 3.52 units per acre consistent with the Plan. The following Comprehensive Plan Policies are applicable to this development: • `Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed medium density single-family detached and 'f tiii4, a plea dwellings will contribute to the variety of housing types as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.01.01 G) Two One housing types(i.e. single-family detached and2 jcdmi4, a°•„'w dwellings)a-pe is proposed in this development which is the same as adjacent housing types aiwdable in this area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential dwellings should be compatible with adjacent existing and future single-family detached homes. Staff is concerned the proposed site design with only two (2) available on-street parking spaces may not be adequate to serve the site; however, the Page 5 Page 154 Item#8. required off-street parking is being met. Feur(4) , difie n 's ea athe ends • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Encourage infill development."(3.03.01E) The subject property is an infill property that was previously annexed into the City but never developed. Development of this property will maximize public services by servicing land already in the City as opposed to parcels on the fringe. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks along the internal street is required to be provided with development as proposed. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Rezone! Withdrawn The proposed rezone is for--2.43 aer-es of land,w-hieh inehides adjaeei#hinder-Read r4gM of way te the seetion line, from the R 4 to the R 9 zoning distfiet. The proposed gross density of 6.16 dwelliag tmits/aer-e and plan to develop single family detaehed and 2 family duplex dwelliffgs the site is eensisteftt with the Medium Density Resideatia4 (MDR)Future Land Use Map (FLUM) designation for-this site. A legal desefiption fef the rezone area is ineluded in Seetion VIII.A. The City may r-equiFe a development agmefneat(DA) in eef��etiofi with a rezone pufsua-a 1dahe Code seetion 67 651!A. in order-to easufe the site develops as proposed with this appheation, staff r-eeetwnends a DA as a provision of the rezone with the provisions inelude the City within 6 fnefAhs of the Cou-neil gr-afAiag the rezone for-approval by City Couneil and B. Preliminary Plat: The proposed plat consists of 49 8 buildable lots and 2 common lots on 2.27 acres of land in the proposed P,&R-4 zoning district. The minimum lot size proposed is 4-,004 8,018 square feet(s.f.) with an average lot size of�8,199 s.£; the gross density is 646 3.52 units/acre with a net density of 7-.6-5 4.23 units/acre. The subdivision is proposed to develop in one phase. Single family detaehed dwellings afe proposed on Lots 62 67 and 2 family duplex dwellings are proposed on Lots 57 60. Existing Structures/Site Improvements: There is an existing home and accessory structures on the site that are proposed to be removed with development. All existing structures should be removed prior to signature on the final plat by the City Engineer. Page 6 Page 155 Item#8. Proposed Use Analysis: Single-family detached a"'" family dale.* dwellings are listed as a principal permitted uses in the R 8 R=4 zoning district in UDC Table 11-2A-2. Dimensional Standards (UDC 11-2): R-9 R=4 district: (UDC Table 11-2A-5) The property sizes and street frontages of the proposed lots and width of the street buffer along Linder Rd. comply with the minimum dimensional standards of the P,8 R=4 district; future development should comply with the minimum building setbacks and maximum building height standards of the district as required. Subdivision Design and Improvement Standards(UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face. There are two (2)een*nea driveways proposed; stieh driveways should be eeastvdeted in aee with the standards listed in UPC 11 6C 3D. The eommon dFiveway that pFo,,4des aeeess - Lots 63 65 should be plaeed in a eommon lot.An exhibit should be submitted with the fina >building envelope, and OFientation oft driveway but has the required minimum street frontage and is taking aeeess via the pi street,the driveway should be depieted on the opposite side of the shared property line from the eommon driveway.A perpetual ingFessiegFess easement is Fequir-ed to be filed with the surface eapable of supporting fire vehieles and equipment as set for-th in UDG 11 6C 34,&-ff eopy of the r-eeor-ded easement should be submitted to the Planning Division with the ti plat for-City Engineer-signature. Access(UDC 11-3A-3) Access is proposed via the extension of an existing stub street(S. Spoonbill Ave.)from the north boundary of the site; direct access via S. Linder Rd. is not proposed or approved. An emergency access via Linder Rd. exists to the north on Lot 55,Block 5,Landing Subdivision No. 12. Because the surrounding properties are developed and the Applicant is extending the only existing stub street,no other stub streets are necessary to be provided. The extension of the existing street results in a cul-de-sac in excess of the maximum length(i.e. 500')allowed by the UDC;because this is an existing condition and access via Linder Rd. is not allowed,no other alternatives exist. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached and 2 family duplex dwellings based on the number of bedrooms per unit. Based on 3-bedrooms per unit as proposed,a minimum of 4 spaces are required per unit with at least two (2)in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad; if 2-bedroom units are proposed, a minimum of 2 spaces are required per unit with at least one (1)space in an enclosed garage,the other space may be enclosed or a minimum 10' x 20' parking�pad. Future development should comply with these standards. The proposed dwellings all inelude 2 ear-gar-ages and outside par-king pads; however-,the par-king pads are only 16' wide and need to be widened to 20'. A par-king pla-a was ineluded on the plat 4iat depiets a total of twe (2) on street parking spaees available after-dfiveways afe pr-evided for-eaeh lot(see Seetion VIII.B). Another-fouf(4) spa Page 7 Page 156 Item#8. Because on-street parking is not allowed in the cul-de-sac, only two(2) on-street spaces may be available in front of Lots 57 and 64 ifthe driveways are located in the cul-de-sacs. Staff is concerned there may not be adequate on-street parking for guests; however,there is no UDC standard for on-street parking. Staff is also eoneer-ned theFe will not be adequate a foF tFash Feeeptaeles at the stFeet on piek up day with the proposed design. Pathways(UDC 11-3A-8): A 10' wide multi-use pathway is designated on the Pathways Master Plan along the frontage of this site adjacent to S. Linder Rd. Because the existing sidewalk is in good condition,the Park's Dept.is not requiring the pathway to be constructed at this time; however, a 14-foot wide public pedestrian easement for a future detached pathway is required. Sidewalks(UDC 11-3A-1 : Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. A 5' wide detached sidewalk is typically required along arterial streets (i.e. S. Linder Rd.); however, the Director may waive this requirement to detach the sidewalk where there is an existing attached sidewalk. In this case,there is an existing attached sidewalk along Linder Rd. that is in good condition;there is also existing attached sidewalks on the adjacent developments to the north and south. For these reasons,the Director approves a waiver to this requirement. Landscaping(UDC 11-3B): A 25-foot wide street buffer(measured from back of sidewalk) is required adjacent to N. Linder Rd., an arterial street,landscaped per the standards listed in UDC 11-313-7C,which require buffers to be planted with a mix of trees and shrubs, lawn, or other vegetative groundcover.Just lawn and trees are proposed; Staff recommends shrubs are added at a minimum. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. At a minimum,one three per 8,000 square feet of common area is required to be provided along with lawn. Because the common area along the north boundary of the site where the Kennedy Lateral is located is within an Irrigation District easement,no trees are allowed. Therefore, all of the required trees are proposed to be placed in the street buffer along Linder Rd. There are several existing trees on this site that are proposed to be removed with development that require mitigation per the standards listed in UDC 11-3B-1OC.5.The City Arborist inspected the site and determined an additional 67 caliper inches of trees need to be provided on the site for mitigation. The 50-inch caliper silver maple along Linder Rd.is required to be retained on the site and protected during construction, unless required to be removed by ACHD.Mitigation calculations should be included in the Landscape Calculations table demonstrating compliance with the aforementioned UDC standard. Qualified Open Space(UDC 11-3G1: A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-313 is required for developments over 5 acres in size;because this property is only 2.27 acres,this standard does not apply. However,the Applicant did submit an open space exhibit that depicts 0-3-7 0.32 of an acre of common open space including street buffer along Linder Rd. and area along the north boundary of the site where the Kennedy Lateral is located. Qualified Site Amenities(UDC 11-3G1: Because the development area is below 5 acres in size,the standards listed in UDC 11-3G-3 for site amenities do not apply.No amenities are proposed or required. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. Page 8 Page 157 Item#8. Waterways(UDC 11-3A-6): The Kennedy Lateral runs along the northern boundary of this site and has been piped. The Irrigation District(NMID)has a 55' wide total easement in this area for the lateral,20' from the centerline on this site. Any encroachments in this easement will require a signed License Agreement and approved plan prior to construction. If the easement encroaches on adjacent buildable lots more than 10',the easement area should be included in a common lot that is a minimum of 20'wide and outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners per UDC 11-3A-6E. The location of the easement should be clearly depicted on the plat. Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing exists along the south and east boundaries of the site that is proposed to remain.No new fencing is proposed on the landscape plan. Fencing is required to be constructed by the Developer adjacent to common open space lots to distinguish common from private areas as set forth in UDC 11- 3A-7A.7a. The Applicant states that wrought iron fencing will be constructed at the back edge of the street buffer along Linder Rd. and along the Kennedy Lateral easement at the north boundary of the site; fencing should be depicted on the landscape plan accordingly. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted sample elevations of the homes planned to be constructed in this development which are included in Section VIII.E. Single-family detached homes are a single- story in height(and may have bonus rooms) and constructed with a stucco finish with stone veneer accents. Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. af!e not approved with this applieation; final design is FeqUiFed to eomply with the desig-H standards listed in the Arehiteetural Standards Alanual.An applieation for Design Review should be submitted and approved by the Planning Division prior-to submitt applieations for-building permits for-the duplex dwellings. VI. DECISION A. Staff: Staff recommends approval of the requested rezone with the r-equk:ement of a Development Agreement ent and appFeval of the fequeste preliminary plat with the conditions noted in Section IX per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 4, and July 16,2020. At the public hearingon n July 16',the Commission moved to recommend denial of the subject RZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Josh Beach, Sawtooth Land Surveying(Applicant's Representative); Jim Jewett,Applicant b. In opposition: None C. Commenting: Jeanette Ockerman,Anthony Baggio d. Written testimony: Chris&Candace Johnson; Jeff Bolen; Kenneth"Scott"Grapatin; Josh Beach,Applicant's Representative e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None Page 9 Page 158 Item#8. 2. Key issue(s)of public testimony- a. Request for Joshua St.to extend to the west to Linder Rd. as a permanent access instead of emergency, or at the very least,that construction traffic is allowed to use this access for development of the subdivision; and that a"No Outlet" sign be installed on S. Tylee Way where it intersects Waltman Dr. to notify drivers the street dead ends to prevent unnecessary traffic; b. Mr. Grapatin expressed concern pertaining to the continued provision of irrigation water to his property,which currently runs through the north side of the proposed project& accessibility of the ditch for repairs and cleaning, c. The Applicant requested conditions#3b and#3c pertaining to specific tree mitigation be amended based on coordination with the City Arborist to take place prior to the Council hearing; d. The Applicant testified there would be one large trash dumpster/enclosure for the development instead of individual receptacles for each unit to eliminate the issue of receptacles in the right-of-way or blocking sidewalks/driveways; e. Concerns pertaining to traffic and parking_ 3. Ke, ids)of discussion by Commission: a. The provision of a pathway from the sidewalk along Spoonbill Ave. to the sidewalk along Linder Rd. and to the north to the pathway along the Kennedy Lateral; b. The Commission directed the Applicant to consider revisions to the plat to make the eastern lots R-4 sized(8,000 s.f. lots,) and possibly reduce the density, improve parking and internal circulation,work with ACHD to facilitate a construction entrance off of Linder Rd.until initial occupancy, and include a pathway connection between Lots 58 & 59 from Spoonbill to Linder Rd.; C. Concern pertaining to parking and placement of trash carts on pick-up day- d. Reduce the number of units by replacing the units with single-family detached units; and, e. Possibly reconfiguring the plat so that lots are R-4 size and are a"Pinwheel"design off the cul-de-sac. 4. Commission change(s)to Staff recommendation: a. The Commission recommended denial of the project for the following reasons: doesn't fit the comp plan, challenges with turnarounds and access drives, and revised plat doesn't address the previous concerns of the Commission. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on August 11 and 25, 2020.At the public hearing on August 25t1i,the Council moved to remand the subject PP request back to the Commission. 1. Summary of the City Council public hearjng: a. In favor: Jim Jewett.Applicant b. In opposition: None c. Commenting:None d. Written testimony,None e. Staff presenting application: Sonya Allen £ Other Staff commenting on application:None 2. Kev issue(s)of public testimony, a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: Page 10 Page 159 Item#8. a. The Council remanded the application back to the Commission for review of a revised plat meeting the R-4 dimensional standards—a re-notice of the project and submittal of an updated application with revised plans is required with withdrawal of the rezone request• B. The Meridian Planning&Zoning Commission heard this item on October 15,2020.At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Jim Jewett,Applicant b. In opposition: None C. Commenting.None d. Written testimony:No new testimony was submitted(see above for previous testimony submitted e. Staff presenting application: Sonya Allen f Other Staff commenting on gpplication:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. In favor of the revised design for the infill property; b. Concern pertaining to adequacy of on-street parking available to accommodate guest parking. 4. Commission change(s)to Staff recommendation: a. Revision to conditions#A.3b and A.3c in Section VIII to require 17 instead of 67 caliper inches of trees for mitigation as requested b, t�pplicant based on the City Arborist's inspection. 5. Outstandingissue(s)sus for City Council: a. None C. The Meridian Citv Council heard this item on December 15,2020. At the public hearing.the Council moved to approve the subject PP request. 1. Summary of the City Council public hearing: a. In favor: Josh Beach. Sawtooth Land Surveying(Applicant's Representative) and Jim Jewett.Applicant b. In opposition: None c. Commenting:None d. Written testimony: Jim Jewett.Applicant(in agreement with the Commission's recommendation) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. The Council was in favor of the proposed revisions to the plat. 4. City Council change(s)to Commission recommendation: a. None Page 11 Page 160 Item#8. VII. EXHIBITS A. Rezone Legal Description& Exhibit Alap Page 12 Page 161 Item#8. B. Preliminary Plat(date: 5�')"�r�0/2020 10/5/2020) - T,. t./NaWYC+SLEUTH XWAASM A P6MTF%N W8n,4K%-W A*ry uFlEl.•KN'rA i .� 7.W.A ex.0M 3 a I � i T ' Yfff it i r_ ti Page 13 Page 162 Item#8. C. Landscape Plan (date: 5P29/2020 10/5/2020) MAK;r r•%L-CrrrM-BI j L hG aF vaLU Li�EGh� ItlIh5TS1l�., �:.•;J'�*..�C��.'�, ,�, f��,T "':.rw"�i«!_T.���.�.:.'"..'^,L"r»J;�'; ..� �-f nr. it .l.t� •k� �x '��`�x' � � '�s};psi._��w:i��.�':��.�:,,.,,.,.,,,.:i':;rkt.;>�,I�a��_ •' � � },�' yi� "w2E4�!�'S7SR.:.til��'.;G'..,r:�"' FS:. ,'.S�GrS«!L':L•L-d:k*' I k�_ - � � � Y�- 7 4•.M- ..iltrJkTd1".f' w [_ , _ z � ' F GPF-1F hT RATA - --- -- - - -- - - - - - - fa W' n -- 116�r, �ir- -..„... .�� yip, •„i.��i�.r r-w� � ....�f. RLIY e: L 1 Page 14 Page 163 Item#8. D. Open Space Exhibit(dated: Alay 28, 2020 October 5, 2020) THE LANDING SOUTH REV: OCTOBER 5, 2020 SCALE F So u xs so 106 (FEET} L INCH= 50 FT ---------------- -------------------------------- .��177 '--- - ----. DENSPFYGtiXULd734N5 TOTAL Raw&OPEN SPACE S,UIO Sq,Fgpl 37,667 5�Fl '� G.P19A ACRE: R ,Felt GROSS MINUS ROW A OPEN SPACE AVERAGE AREA PER LOT CL2Xr ArE5 DENSITY PER*7ACRE 1.2310a M ACU $Ilia 5 Fb!t OPEN SPME CALCUL UON5 e,sn su.r.!t ga 25 6,�a�.fi � t J3z� Page 15 Page 164 Item#8. E. Conceptual Building Elevations T'_ %S EA i BETTIS sum W - �� I i L IML r v ...... --------- as r Page 16 Page 165 Item#8. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A PevelepfnefA Agreemen m�ze"ired as provision of rezone of this pr-opeftty.. PHO to appr-eval of the rezone > PA ll , the property owner(s) at the time of rezone or-dinanee adoption, and the developer-. Ctiffently, a fee of$303.00 shall be paid by the Applieant to the Planning Divisi Prior-to eemmxeneementof the D A The D A shall be Signed he Y�Pel4y ONNr� a-ad r-etumed to the Planning Division within si*(6)mel#hs of the City Co-Uneil gra*tingthe rezone. The T' shall, a �, „corporate the following a. R„tffe development of this site stall be generally e istent with the preliminary plat, landscape plan and eoneeptual building elevations iffelt1ded ii-8- b. The two family duple*d-wellings are r-equir-ed to eemply with the desip Division prior-to submittal of applieations for-building pefmits fef:these uait-s-. 2. The final plat shall include the following revisions: a. 1-nelude a note prohibiting dir-eet lot aeeess via S. Linder- .Included b. The eommen driveway that provides aeeess to Lots 63 65 shall be depieted in a eomm lei c. The easement for the Kennedy Lateral shall be clearly depicted on the plat; if the easement encroaches onto adjacent buildable lots more than 10 feet in width,the easement area shall be included in a common lot that is a minimum of 20-feet wide and outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3A-6E. d. Note#2—" 14 is oeiagre-zoned as R 9 MediumDeasi0,x Residential Distr-iet." 3. The landscape plan included in Section VIII.A.3, dated �1''°�20 10/5/2020, shall be revised as follows prior to submittal of the final plat application: a. Depict wrought iron fencing as proposed by the Applicant along common open space lots to distinguish common from private areas in accord with UDC 11-3A-7A.7a. b. Depict an additional 6-7 17 caliper inches of trees within common areas on the site as mitigation for removal of existing trees in accord with the standards listed in UDC 11- 313-1OC.5. The 50-inch caliper silver maple along Linder Rd. is required to be retained on the site and protected during construction,unless required to be removed by ACHD. c. Include mitigation calculations in the Landscape Calculations table based on the City Arborist's inspection, in accord with the standards listed in UDC 11-3B-1OC.5; a total of 6-7 17 caliper inches of trees is required for mitigation.f d. Depict shrubs within the street buffer as set forth in UDC 11-313-7C.3a. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R-9 R-4 zoning district. Page 17 Page 166 Item#8. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached and twe fi. ily duple*dwellings based on the number of bedrooms per unit. Parking pads for each unit shall be widened to 20-feet as set forth in UDC Table 11-3C-6 for 3-bedroom units. 6. An exhibit shall be s4mitted with the final plat applieation that depiets the sethaeks, fefteing, building envelope, and orientation of the lots and structures accessed via the eommon opposite side of the shared property line from the common driveway as set forth in UPC 11 6C_4D_. 6C 3D. 8. A perpetual ingress/egress easement shall be filed with the Ada County Reeorder-for-all the r-eeer-ded easement shall be submitted to the Plamiiffg Division with the final pla4 fer-City Engineer- .,t,,,- e. 9. Address signage shall be provided at the publie stfeet for-homes aeeessed via eoH*"ofl__ 10. A 14-foot wide public pedestrian easement for a future detached pathway along S. Linder Rd. is required to be submitted to the Planning Division with the final plat for City Engineer signature; coordinate the details of the easement with Kim Warren,Park's Department. 11. All existing structures shall be removed prior to signature on the final plat by the City Engineer. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 , only sewer-sefviees(r-eminder-that a maximum e thfee ser-viees are allowed into a fna+44ele,with a minimum 30 degrees of angle separation). 1.2 Terminate the water main at the south end of the cul-de-sac with a fire hydrant. Wa4e sei=viees only in the eormnon drives,not water- • 1.3 The geotechnical opinion submitted with this application was from March 2017, and was not derived from an on-site study. It was indicated in that opinion that an on-site geotechnical investigation would be conducted in April of 2017. The applicant shall submit the results of the April 2017 investigation, as well as current monitoring reports, as part of the final plat application. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Page 18 Page 167 Item#8. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 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. Page 19 Page 168 Item#8. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.m eridia n c i ty.ory/WeUink/Doc View.aspx?id=18 4 8 71&dbid=0&rep o=Meridia n C ity Page 20 Page 169 Item#8. D. POLICE DEPARTMENT https://weblink.meridianciV.oLy WebLink/DocView.aspx?id=188196&dbid=0&r0o=MeridianC E. PARK'S DEPARTMENT https://weblink.meridiancity.oLvlWebLinkIDocView.aspx?id=184643&dbid=0&repo=MeridianC hty City Arborist's Comments: https://weblink.meridiancity.oLvlWebLink/Doc View.aspx?id=189344&dbid=0&repo=MeridianC hty F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) No comments were received. G. BOISE PROJECT BOARD OF CONTROL https://weblink.meridianciU.org/WebLink/DocView.aspx?id=183794&dbid=0&r0o=MeridianC ky H. NAMPA&MERIDIAN IRRIGATION DISTRICT https://web link.meridianciU.oLy WebLink/DocView.aspx?id=184912&dbid=0&repo=MeridianC ky I. CENTRAL DISTRICT HEALTH DEPARTMENT https://weblink.meridianciU.org/WeUink/DocView.aspx?id=184497&dbid=0&repo=MeridianC ky J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=184485&dbid=0&repo=MeridianC hty K. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=183952&dbid=0&repo=MeridianC hty L. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=185551&dbid=0&repo=MeridianC hty M. ADA COUNTY HIGHWAY DISTRICT(ACHD) hgps://weblink.meridianciU.oLy WebLink/Doc View.aspx?id=185685&dbid=0&repo=MeridianC hty Page 21 Page 170 Item#8. IX. FINDINGS .Annexation and/or Rezone(UPC; 11 5B 3E)Application Withdrawn Reqttir-ed Findings: Upon reconunendation from the eommission,the council shall make a full investigation and shall,at the publie he i ffie applieation. In or-def to grant an a*nexation-andlor- iix�E6untrttshafl_-mislk+L.o F 11.,..ing finding-S_ plan; development is. t e sf,nt wit fl a C-e pr-el,,, iy PIHH. 2. The map amendment eomplies with the regulations outlined for the proposed , opportunities in this apea, Me Comm' 01j9popepi�,is not large eno-61. to 3. The map amendment shall not be materially detr-imental to the p4lie health, an A speeifleally the pufpose statement; `.' 4. The map amendment shall not result in an a&er-se impaet"on the delivery of setwiees by any politieal subdivision providing p4lie ser-viees within the eity ineluding,but not limited to,seh�ets; an 5. The ann&Eatien(as applieable)is in the best interest of eity. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed revised plat is in conformance with the adopted Comprehensive Plan as the density and use is consistent with the MDR FL UM designation for this area. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services could be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) Page 22 Page 171 Item#8. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities could be provided with development at the Developer's cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section IX for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware of any health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 23 Page 172 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Jarron Langston for Epic Storage (H-2020-0058) APPROVED Page 173 ADA COUNTY RECORDER Phil McGrane 2020-178121 BOISE IDAHO Pgs=42 KRISTINA LOWRY 12/23/2020 10:32 AM CITY OF MERIDIAN,IDAHO NO FEE ADA COUNTY RECORDER Phil McGrane 2021-008608 BOISE IDAHO Pgs=45 CHE FOWLER 01/15/2021 04:14 PM CITY OF MERIDIAN, IDAHO NO FEE Re-Record to Correct Legal Description and Exhibit DEVELOPMENT AGREEMENT I City of Meridian PARTIES: 2. Jarron Langston,Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22nd day of December—,2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Jarron Langston, whose address is 917 S. Allante Place, Boise, ID 83709, hereinafter called OWNER/DEVELOPER. I RECITALS: 1.1 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner 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 1 1-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for a re-zone of 4.43 acres of land from R-8 (Medium Density Residential) to a C-C (Community 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 WHEREAS, Owner/Developer made representations at the public hearings before 1.5 Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, Re-Record to Correct Legal Description and Exhibit DEVELOPMENT AGREEMENT 1. City of Meridian PARTIES: 2. Jarron Langston,Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22nd day of cember ,2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Jarron Langston, whose address is 917 S. Allante Place, Boise, ID 83709, hereinafter called OWNER/DEVELOPER. I RECITALS: 1.1 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner 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 1 1-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, Owner/Developer has submitted an application for a re-zone of 4.43 1.4 acres of land from R-8 (Medium Density Residential) to a C-C (Community 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 WHEREAS, Owner/Developer made representations at the public hearings before 1.5 planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, Item#9. 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 25th day of August, 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 Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/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 OWNER/DEVELOPER: means and refers to Jarron Langston, whose address is 917 S. Allante Place, Boise, ID 83709 hereinafter called OWNER/DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s) of the Property. DEVELOPMENT AGREEMENT—EPIC STORAGE(H-2020-0058) PAGE 2 OF 7 Page 175 Item#9. 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 right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district and those listed in the specific use standards for self-service storage facilities and ancillary outdoor storage, UDC 11-4-3-34 and UDC 11-4-3-33, respectively. b. The only approved direct lot access to W. Overland Road is that existing access in the northeast corner of the subject site. c. The Applicant shall maintain an emergency only access to the east via the proposed common drive in the adjacent subdivision to the east, Sagewood West. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. e. Prior to CZC and DES submittal, the Applicant shall obtain approval of a Property Boundary Adjustment to consolidate all existing lots(S 1224223270&S 1224223300) into one and include the sliver of land conveyed from the property owner to the east, shown as Lot 27, Block 1 in the Sagewood West preliminary plat. f. All fencing adjacent to abutting residential uses shall be privacy fencing and eight(8) feet in height meeting UDC 11-3A-7 standards. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT—EPIC STORAGE(H-2020-0058) PAGE 3 OF 7 Page 176 Item#9. 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/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 time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/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 rules, 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 Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/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 policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT—EPIc STORAGE(H-2020-0058) PAGE 4 OF 7 Page 177 Item#9. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 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 by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: 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 OWNER/DEVELOPER: Jarron Langston 917 S. Allante Place Boise, ID 83709 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT-Epic STORAGE(H-2020-0058) PAGE 5 OF 7 Page 178 Item#9. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation 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/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,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 governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/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/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the 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. DEVELOPMENT AGREEMENT—EPIC STORAGE(H-2020-0058) PAGE 6 OF 7 Page 179 Item#9. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWENR/DEVELOPER: Jarro an ton CITY OF MERIDIAN ATTEST: By: C - SEAT Mayor obert . Simison Chris Johnso , City Clerk STATE OF IDAHO ) ss: County of Ada ) On this _jL day of D , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Jarron Langston known or identified to me to be person who signed above and acknowledged to me 44441111Ri0+� that he executed the same. 01,N CH ES,-�►r�i� 1N WITNESS WHEItEQ � W41 het my hand and affixed my official seal the day and year in this . .• •; % certificate first above written. F �`'e., `. rtS'�O �R1► ' Notary Public for Aa hrj AUBI.%O Residing at: PyAa Coy LA.,S'".,No 2t►�°•p +`` My Commission Expires: 01-7 - STATE OF IDAHO ) 1104 O�Fw ,►`' ss County of Ada ) On this 22nd day of December 2020,before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and,4ffixed my official seal the day and year in this certificate first above written. (SEAL) --- - --- -_- Notary Public for Idaho d € COMMISSION 67390WAY � Meridian Idaho � co�nM�ss�o��s7sse i Residing at: � NOTARY PUBLIC Commission expires: 3-28-2022 STATE OF IDAHO 3 MY COMMISSION EXPIRES 3128122 DEVELOPMENT AGREEMENT—EPIC STORAGE(H-2020-0058) PAGE 7 OF 7 Page 180 Item#8. \�NPL LANps �\C E 3 PROPERTY DESCRIPTION VCr 15758 FOR 1 z-4-20 EPIC DEVELOPMENT IDAHO II, LLC Te OF o��o FR�� Haw�Ro C-C REZONE Exhibit A A parcel of land lying in the NW1/4 NW1/4 of Section 24,Township 3 North, Range 3 North, Boise Meridian,Ada County Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the NW Corner of said Section 24;thence along the north line of said Section 24, S.891107'23"E. 545.43 feet to a point lying on the centerline of Overland Road also being the POINT OF BEGINNING. Thence S.00142'34"W. 395.65 feet to a 5/8" iron pin; Thence S.89124'47"E. 82.99 feet to a 5/8" iron pin; The along the easterly boundary line of Fall Creek Meadows Subdivision##2 Bk 115 Pg. 17181, S.00026'27"W. 454.58 feet to a 5/8" iron pin; Thence along th orth to boundaL f II Creek Mea ws S E n#1 Bk 114 Pg. 17038, S.64059' 'E. 88. f / in Thence S.60°34' 88 Thence N.01057'33"W. 13.75 feet to a 1/2" iron pint marking the southwest corner of quitclaim deed instrument#2019-113633; Thence along the westerly boundary line of said quitclaim deed instrument#2019-113633 the following courses and distances: Thence N,01°57'33"W. 396.50 feet to a 1/2" iron pin; Thence N.01°34'57"W. 178.16 feet to a 1/2" iron pin; Thence N.01°22'35"W. 147.08 feet to a 1/2" iron pin; Thence N.00005'45"W. 218.47 feet to a point lying on the centerline of Overland Road; Thence along the centerline of Overland Road, N.89°07'23"W. 254.39 feet to the POINT OF BEGINNING. Said parcel contains 4.55 acres, more or less, and is subject to all existing easements and right- of-ways of record or implied. Page 183 Item#8. OVERLAND ROAD CP&F NO. 14 13 (BASIS OF BEARING) 9016820 S89' 07' 23"E 1327.87' 23 24 545.43' 254.39' 528.05' o CP&F NO. W 1/16 107153515 I I S CORNER891 POINT OF BEGINNING 0) � N � Z O �O n N O O r S89' 24' 47"E `D `n 8 r Z I ON,,L LAND �\ EN/F�O,��G�G I 4 15758 N I o s 12-4-20 0 �, TqT�OF �DA� � sn FR�C NOW o � S64' 59' 52"E 88.16' o N1' 57' 33"W 13.75' S60' 34' 45"E 140.87' a11F: DEM BY. saw: of J.J. HOWARD 12/3/20 - Q 1 1 PRECISION STORAGE SURVEYiHC CPI F• }¢AWN W., OB wm NO. ISO' cL5 ------ LEGAL EXHIBIT Page 184 EXHIBIT A PROPERTY DESCRIPTION FOR EPIC DEVELOPMENT IDAHO II, LLC C-C REZONE Exhibit A A parcel of land lying in the NW1/4 NW1/4 of Section 24,Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho,said parcel being more particularly described as follows: Commencing at a Brass Cap marking the NW Corner of said Section 24; thence along the north line of said Section 24, 5.89°07'23"E. 545.43 feet to a point lying on the centerline of Overland Road also being the POINT OF BEGINNING. Thence 5.001142'34"W. 395.65 feet to a 5/8" iron pin; Thence 5.89°24'47"E. 82.99 feet to a 5/8" iron pin; The along the easterly boundary line of Fall Creek Meadows Subdivision#2 Bk 115 Pg. 17181, S.0002627"W. 454.58 feet to a 5/8" iron pin; Thence along the northeasterly boundary line of Fall Creek Meadows Subdivision #1 Bk 114 Pg. 17038, 5.64159'52"E. 88.16 feet to a 5/8" iron pin; Thence S.6013445"E. 140.88 to a 1/2" iron pin; Thence N.01°57'33"W. 13.75 feet to a 1/2" iron pint marking the southwest corner of quitclaim deed instrument#2019-113633; Thence along the westerly boundary line of said quitclaim deed instrument# 2019-113633 the following courses and distances: Thence N.01°57'33"W. 396.50 feet to a 1/2" iron pin; Thence N.01134'57"W. 178.16 feet to a 1/2" iron pin; Thence N.01022'35"W. 147.08 feet to a 1/2" iron pin; Thence N.00105'45"W. 218.47 feet to a point lying on the centerline of Overland Road; Thence along the centerline of Overland Road, N.89°07'23"W. 254.39 feet to the POINT OF BEGINNING. Said parcel contains 4.55 acres, more or less, and is subject to all existing easements and right-of-ways of record or implied. a�- LD 1 0: 15758 8 J. Fi{ir:1 �` Epic Storage - Exhibit A to DA Page 6 OVERLAND ROAD CP&F NO. 14 13 (BASIS OF BEARING) 9016820 S89' 07' 23"E 1327.87' 23 24 545.43' 254.39' 528.05' o CP&F NO. W 1/16 107153515 [ 3-1 CORNER U, �„ LS 8951 POINT OF BEGINNING ° [ `" � N � � O Z G7 p K) 0 0 i� S89' 24' 47"E 82.99' M [ z no [ u� ,n n, p,L LA NO 15758 ! rq 12-4-20 (n Lo '?IC NOW�� z 0 [ S64' 59' 52"E 88.16' 0 N1' 57' 33"W 13.75' S60' 34' 45"E 140.87' INS oaiat 6'r: }� 9IL 9F J.J. HOWARD 12/3/20 — © 3 PRECISION STORAGE swwswe am ar: txarn�c Ito. a/ mrpyu-ra 1" = 1&0' cLs ----�-- LEGAL EXHIBIT Page 7 ttem#9. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone and Conditional Use Permit, by Jarron Langston, Epic Development. Case No(s). H-2020-0058 For the City Council Hearing Date of. August 11,2020(Findings on August 25, 2020) A. Findings of Fact I. Hearing Facts(see,attached Staff Report for the hearing date of August H, 2020, incorporated by reference) 2. Process facts(see attached Staff Report for the hearing date:of August 11, 2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 11, 2020,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 11,2020,incorporated by reference) B. Conclusions of Law l. 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 Cade (LC. y67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 11,2020, incorporated by reference.The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Epic Storage Facility -FILE#H-2020-0058) I " Page 183 reasonable and the applicant shall nnect such requirements ouc condition o[approval ofthe application. C. Decision and Order Pursuant to the City CVunci|`n authority om provided in Meridian City Codc8 ||'5&and based upon the above and foregoing Findings o[Fact which are herein adopted, kLm hereby ordered that: i. The applicant's request for Rezone and Conditional Use Permit iu hereby approved per the conditions of approval in the Staff Report for the hearing date of August 11,2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice o[Preliminary Plat Duration Please take notice that approval ofu preliminary plat,combined preliminary and final plat,or short o|a1 shall become null and void if the applicant fails to mhtuiu the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat o«the combined preliminary and final plat or short plat(UDC |l'61]-7A). lo 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 resubirtission for preliminary plat approval (UDC I I-613-7B). Upon written request and filed by the applicant prior tn the termination o[the period inaccord with I 1-613-7.A,the Director may authorize a single extension of tirne 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 oa determined and approved by the City Council may bc granted, With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and §nu| 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 shal I be required to go through the platting procedure again(U DC |\- 8B-7Q. Notice o[Conditional Use Pert-nit Duration Please take notice that the conditional use permit, when granted, ahu|i be valid for maximum period of two(2) years unless otherwise approved by the City. During this time,the applicant shall commence the use um permitted io accord with the conditions of approval, satisfy the coquicmnnonto set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the fiuo| plat must bo signed by the City Engineer within this two(2)year period. Upon written request and filed bythe applicant prior tothe termination of the period in accord with I 1-513-6.G.1,the Director may authorize a single extension of the time to commence the use not 0o exceed one(l)two(Z)year period. Additional time extensions up|u two(2)years ue determined and approved by the City Council may be granted, With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS 0F FACT.CONCLUSIONS 0F LAW AND DECISION&0RnEK FOR(Epic Storage Facility—FILE wK-IO2O'0O58) -2- City Code Title \|(U[}C |\-5B-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 ]A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone ui any dnoe prior to the adoption of findings for such request. & development agreement may he modified bythe city oron 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 bu signed bythe propedyovvncr(u) and returned to the city within six (6)months of the city council granting the modification. &modification to the development agreement may bc initiated prior to signature of the agreement by all parties and/or may be requested to extend the tirne allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6)month approval � pmnmd. E. Notice o[Final Action and Right to Regulatory Takings Analysis |. The Applicant is hereby notified that pursuant to Idaho Code 67-9003, denial of a development application entitles the Owner 0o request u regulatory taking analysis. Such request must bnin vvbdog, and must be filed with the City Clerk not more than twenty-eight(28)days obor the final decision concerning the matter at issue. &request for uregulatory takings unuiymim will toll the time period within which o Petition for Judicial 8Lnviev/may be filed. 2. Please take notice that this ima final action nfthe governing body of the City ofMeridian. When applicable and pursuant to Idaho Code § 67-652 1,any affected person being a person who has on interest in nra\ property which may br adversely affected bythe final action ofthe governing board may within twenty-eight(20)days after the date of this decision and order seek u Judicial ccvicvv us provided hyChapter 52,Title 67, Idaho Code. F. Attached. Staff Report for the hearing date of August |l,2O2O FINDINGS 0F FACT,CONCLUSIONS 0F LAW AND DECISION&0RnEK FOR(Epic Storage Facility-FILE wB'2O2O'0O58) -3' Item#7. By action of the City Council at its regular meeting held on the 25th day of August 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Siriison f° Attest: fd SFAL iLl Chris Johnson City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Na&ycWo-q Dated: 8-25-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Epic Storage Facility—FILE#H-2020-0058) -4- Page 304 Item#9. Exhibit A STAFF REPORT IDI N COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/11/2020 Legend DATE: Proit Location t TO: Mayor&City Council g FROM: Joe Dodson,Associate Planner — ` ' SUBJECT: H-2020-0058 ___ ____ �__ ' e . — f 1 Epic Storage Facility v t LOCATION: The site is located at 1345 W. Overland Road, in the NW 'l4 of the NW 'l4 of Section 24,Township 3N.,Range I W. , ' J w, w I 1. PROJECT DESCRIPTION • (RZ) -Rezone of 4.43 acres of land front R-8 zone(Medium-density Residential)to C-G zone (General Retail and Set-vice Commercial) for the purpose of developing commercial storage on the site; • (CUP) -Conditional Use Permit for a 29,400 square foot storage facility and associated outdoor storage on 4.43 acres in the C-G zoning district,by Jarron Langston. II. SUMMARY OF REPORT A. Project Summary Deseri tion Details Page Acreage 4.43 acres Future Land Use Designation Commercial and Medium Density Residential Existing Land Use(s) Commercial—County approved Church/Event center Proposed Land Use(s) Commercial Storage Facility Letts(##and type;bldgdcotnmon) 2 lots-Commercial building lot Phasing Plan(##of phases) Proposed as one phase Neighborhood meeting date;##of April 2.1,2020, 1 attendee. Meeting was held via Zoom attendees: due to Covid-l9 stay at home orders. History(previous approvals) AZ-04-027;County approved CUP for a Church/Event Center(date unknown). Page I _ Page 187 Exhibit A B. Community Metrics Descrietion Details Page Ada County Highway District I I • Staff report(ycsino) No comments have been received at this time, • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via an existing driveway from W. I-lwy/Local)(Existing and Proposed) Overland Road,an arterial street,Only a secondary access is proposed(as required by Unified Development Code). Stub Street/]nterconnectivity/CToss Secondary access is proposed to the property to the east Access (Sagewood West)via a common drive that will serve as this project's emergency access. Existing Road Network No road network is proposed,drive aisle to existing structures is existing. Existing Arterial Sidewalks Yes;Overland Road has existing curb,gutter,and sidewalk Buffers abutting the site. Proposed Road Improvements N/A Distance to nearest City Park(+ Approximately I n-ti le to Bear Creek Park(18 acres in size) size) Fire Service • Distance to Fire Station 250 feet from Fire Station#6(the sites abut each other) • Fire Response'Time 'rhis project lies within the Meridian Fire ITSPOVISC,time goal of 5 minutes. Resource Reliability Fire Station#6 reliability is currently unknown due to this station being so new. • Risk Identification Risk Factor 4—commercial with hazards(firefighting in a large commercial building with highly flammable campers. motorhomes,and trailers;this includes oils,fuels,and propane as additional fuel sources) Accessibility Proposed project meets all required access.road widths,. I and turnarounds. Wastewater ■ Distance to Sewer Services Directly adjacent • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13,96 • Project Consistent with WW YES Master Plan/Facility Plan Impacts/Concerns No Proposed changes to Public Sewer Infrastructure have been proposed within this record,.Any changes or modifications,to the Public Sewer Infrastructure,shall be reviewed and approved by Public Works. Water • Distance to Water Services Directly adjacent • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns This development ends in a long deadend water main which may result in poor water quality.A future Page 2 Item#9. Exhibit A Description Details Page connection to the west will eliminate this dead end and correct this problem. ■ Project Consistent with Water YES Master Plan C. Project Area Maps Future Land Use Map Aerial Map Legend _- . r I . 0 Legend - Project Location ®MU-C Project Location Eli- Mixed General CnmrrrerVal ^r Employment Industrial MU-.Corn till High Density _ j r . Residential Medium - Density Residential Zoning Map Planned Development Map Legend 121 0 Legend 4 [� E]Project Location �R 4 - Project LocationTTr_�`� ,�■� City Limits _ 7.'Tr Planned Parcels ; RUT 1•L C2 C-C RUT R-2 L.0 R-1. RUT R-15 RUTS R-8 R-2 R-4 R14 RUT' Ri 1rI�ffiivra� r �rn. III. APPLICANT INFORMATION A. Applicant: Jarron Langston—917 S. Allante Place,Boise, ID 83709 Page 3 Page 189 Exhibit A B. Owner: Same as Applicant C. Representative: Glenn Walker(Architect)- 1891 N. Wildwood Street, Boise, ID 83713 IV. NOTICING Planning& Zonim"! City Council Posting Date Posting Date Newspaper Notification 6/19/2020 7/24/2020 Radius notification mailed to properties within 300 feet 6/16/2020 7/21/2020 Site Posting 6/29/2020 7/27/2020 Nextdoor posting 6/16/2020 7/21/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation Commercial - This designation will provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants, personal and professional services, and office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases, but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning Include: C-N, C-C, and C-G. Medium Density Residential -This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park-, school,or land dedicated for public services. H"hen the new comprehensive plan was ratified, the subject Properh,was given livo.fimire land use designations thie to its location on a major arterial street and despite it ahead},heing::oned residential(R-8 zoning district). This parcel has both the Coininercial and Aleditini Densit'v Residentialfiatire land use designations. The subject site is stirroundcd by existing Cit.),of ivIeridiall Zoning and development to its north, ivest, and south. Direct1v to the east the Cite,is processing a new residential subdivision, Dired1v across If. Overland Road(an arterial street) there is I-L zoning tvith nvo R P'uses currently existing,{- -Bichs R['and Camping World of M`erithtvi. Direoli,to the west(along the northern h(dfqf the site) is the new Heridion fire station, and abutting the site on the southern htdf'q1'1he west botindarj,is a"nilti- antit residential development. Because ofthe addition qj'the Con-nnercialfitture lan'use designation, the Applicant is proposing to re-zone this property.front its existing R-8 zoning to C-G,per the application. The .4pplicant believes utilizing this property, v, located on a inqjor arterial street,fbr a corronercial business rather than another residential subdivision. The proposed neiv land itse is a,lbrin(4'R I' storage and is a conditional use in the proposed C-G conunercial zoning district. However, the proposed use is not a traditional R Vsell-storage(is our code depicts; Staf.fintist assess proposed uses with those listed in the UDC'use tables.1br each zone. Ep4e-ErQcision Storage(the,actual business narnel is a more encompassing corninercial hushmvv than traditional sel11stor'-klze/?v providing a valet, "drop and go, sistetn that requires Customers to only}drop(?ff their trailers and R thei, will not park them nor store them themselves. F-pi,-Precision Storage is intended to Page 4 Exhibit A be ajull service RV and trailer business that includes a wash be lbre each lose, sapplv slockh g o I f the vehicle, and maintenance cheeks on standard items such its batteries, water, refrigerator, and fire pressure. In addition, a majority v ref the storage and business will occur within a large, sill�gle- stoij,building, There will also he ancillaij,outdoor storage and vehicles and trailers will be stored on the asphalt area bet svcen the office in the back of the pareel and the main building along Overland Road, us seen on the:,site plan. Because this property is already zoned residential and the development to the south1vouthwest and to the east is residential, Stuff has concerns with the request for C-G zoning, This concern lies with the potential far a higher intensity cy'coininercial use next to said residential if-this property is rezoned to C-G but never develops as proposed. Stcff�fii,ouldpr(- P,/-to see lower intensity zoning on this property that is still commercial hill will help Staff ensure a inore disrulltive Lose is not principally permitted and so easily attainable if this prQject is not completed jid4i,. Therelbre, Staff recommending-chap;Zing the requested rezone ol'C-G to he C-C instead. Self-service storage(the lose Stqffhas to place the proposed Lose into)isstill a conditional use in the C-C Zone and swill not qftici thefititure operation of this lose. If the Applicant adheres to the specific use standards and an-v additional conditions, the proposed project should meet the Future Land Use Map (FL UM)designation dqfinitions and prq rred uses for Commercial. Below are specific comprehensive plan policies that discuss the proposed use in relation to the comp plan more thoroughly, In addition, see section VD.1br.fin-ther anulisis on the proposed use. B. Comprehensive Plan Policies The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Ensure that adequate water supply and pressure are available for fire protection in areas suitable for industrial and commercial uses."(3.03.01 D). The propose use requires additional water suppli,when coinl7ared to residential development dote to the existence ql"highlilflaininable vehicles and additionalfiiel sources like that qfpropane and gasoline. The proposed conunercial building will be sl2rinklered to hell)ensure, re the allpropriate water suppli,,1err-this use is readily availahle with existing services. "Establish and maintain levels of service for public facilities and services, including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available,161, this project site as there is eurrentl'v an existing structi ire on site that is being serviced h'v the Citv. 7his project not on1v lies within the Fire Department response time goal, it shared a propert,1,line with afire station. In addition, the large building should be sprink-lercd which adds additional safety v measures in case of afire. The site curren Ili,has all existing curb cut onto 111l. Overland Road and Staff and ACHD have discussed this in relation to ininitnLing cuts onto all arterial street. Because the proposed use is commercial, it has been determined that the Lose and the adjacent subdivisions are better served Y'this site ntaintains its access to Overland rather than take access through a residential subdivision. If this application is not approved and the existing R-8-zoning district remains, the in process St-Weivood ff,7est subdivision directly to the east is required to provide a fiat]stub street to this propertvfbi-jul,tire itnerconnectivilY. West Adu School District and Parks(lid not offer continents on this application because qflhe proposed use. Being a conunercial project, there will not be an,v additional children added to the schools and there will be winitnal impact on misting Cott,services. This prqject should, however, add to the emplo-vinent hose of the City. "Encourage the development of supportive commercial near employment areas." (3.06.02C).As stated above, direcill,to the north and across Overland Road are h4,o R V,sei-vicelyales uses. 14rhen it comes to the future locution ol'an additional R V'use that then maintains those R Psfbi- custotners. being direct/v across the street is readily accessible. �-Lrecision Storage is Page 5 Exhibit A intended to emplo'v approx imateh, 10 people outside ql'o ivnership and pa�v them more than inininium wage. This business is not an employment center itsell'hut is minimally a supportive commercial use to those larger employers across the street because it adds an additional service ,for customers to partake in. "Minii-nize noise, lighting, and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.01 F). City ordinances ivill he adhered to ensure disturbances are minimal to surrounding residential development The Applicant is•also proposing landscophnsZ that will largelj,help with arty polentialnoise and odor disturbances. In addition, a change to C-C zoning instead ofthe requested C-G:xswing could of.16-an additional avenue for minimizing potential issues as less intense uses are principally permitted it] the C-C zoning district it,hen compared to C-G. "Require appropriate building design,and landscaping elements to buffer, screen,beautify, and integrate commercial, multifamily,and parking lots into existing neighborhoods."(5.01.02D), The make-ip of the nearh,v area has been detailed above and the existencef(? so much residential makes int(-�qration 0J,this use difficult. -e are no existing stub streets to this parcel �fictdl. In addition, there front adjacent subdivisions, In order it)hell)mitigate taw potential noise, light, or odor trespasses, 1he,41-7plicant has proposed this arse to almost wholli,occur within a 29,400 square ,foot commercial huilding. The Applicant is also proposing trees and a vinyl v/privac�yftnce alongthe entire propertyboundary ofthesile to help with sf-reening and to add a bt!l Jer to anY adjacent use—thins landscaping should also adel to the beaw lication of the site as well. The aboveatenfioned building does not fully cotnplv with the architectural requirements.1br commercial buildings. The,4pplicant it,ill be required to add additional roof i ariation along the northern and southern i-ooflines as required b-v the City* 's Ai-c-hiteclut-til.Sicin(leii-d,s Manual, ]n addition, it must be stressed that placing a prelcibricated type of ineful huildifag next to residential and next to a nicely designed fire station ivill not be supported. There tbre, Staff`is recoinniending additional Conditions qj'approval that require better architecture lbr the proposed building to help it match and integrate with existing and proposed development. Staf' ids this development to be generally consistent and in alignment with the W11 Comprehensive Plan, if the Commission and Council support the applicant's request to rezone thepropertj,entirelj7 conintercial without a residential component as envisioned by the Comprehensive Plan, C. Existing Structures/Site Improvements: There is an existing home and accessory building that currently exist on site. It is the understanding of Staff that the existing home will be removed upon development but the additional warehouse structure in the rear of the property will remain. This small warehouse will become the required office for the proposed storage use. There is also an existing access from W. Overland Road that is improved with asphalt and is to remain for the future project. D. Proposed Use Analysis: The proposed use falls tinder Self-Service Storage in the Unified Development Code(UDC)and is a conditional use in the proposed and recommended C-G and C-C zoning district per UDC Table 11-213-2. Storage facilities are also governed by specific use standards as noted in UDC I I- 4-3-34 for self-service storage facility. There is also ancillary outdoor storage proposed that is also governed by specific use standards, UDC If-4-3-33. Commercial buildings require Certificate of Zoning Compliance(CZQ and Design Review and Staff will use these additional applications as a chance to ensure the site develops according to the conditions of approval in this staff report. Page 6 Exhibit A Epiv-Precision Storage is not a traditional RV storage.facilit-v with acres of asphalt and metal buildings that out ql'the landscape and require a securif-v fi n-gale eustoiners to access the facility. Bv simply driving through neighborhoods one can see that the Treasure P`allev is home to a large number elf R V5 and inotorhonies and the proposed use hopes to help manage this bY providing preinitan services ftw them. N*-Erccision Storage is afidl sere ice RV and trader business that includes a wash bt,,tbre each use and maintenance checks on standard items such(is batteries, water, refrigerator, and tire prt-�ssure. In addition, propane tanks will befilled and the vehicles will be stocked with supplies and food so that the customers only have to arrive and pick their vehicle up.lbr a tu f ne qfi f fi Jean. Stqlnds that the location is idealfijr the proposed use due to its proximiti,to Bishs RV and Camping World where recreational vehicles and trailers are serv,iced and sold. It is well known that additional sell-servic-e storagefiicililies are not largel'v desired in the Cit-v o'I'Heridian. Because of the details outlined above, StQffbelieles that the m proposed use is oreprenu premier than a traditional,storage facility and would in fact add a new business to the Cit'l,and VallLi,. E. Specific Use Standards (UDC /1-4-3): The proposed self-service storage and outdoor storage uses are subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 11-4-3-34 and 11-4-3-33 and below,respectively: 71-4-3-34—Self-Service Storage Facility: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business, The manufacture or sale of any item by a tenant from or at a Self- set-vice storage facility is specifically prohibited. As noted, the proposed use does not jull),,.fit within uses listed in the UDC use table. Self-service storage:is the closest use to the proposed use but does not.fit with this requiretnent as the use is a commercial use where the main building will be used to both store and maintain custoiner's R Vs and trailers. No items will be nianulactured on the subject site or within anY proposed buildings, B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with chapter 3,article E, "Temporary Use Requirements", of this title. C. The distance between structures shall be a minimum of twenty five feet(25). The proposed site-plan shows compliance with this standard. D. The storage fa cility facility shall be completely fenced,walled,or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material.A niqjuritv of the storage and use is proposed to occur ivithin the larg-e conunercial building. A licillary outdoor storage is likely to occur and the Applicant is proposing to screen this with a privacl! i4n.t4fince and a 25-jbot ivide landscape huffi?r abutting the residential uses. E If abutting a residential district,the facility hours of public operation shall be limited to six o'clock(6:00) A.M. to eleven o'clock(11:00) P.M.According to the application, the ,applicant's proposed hours of husuwr s are 7:00 A.NL to 6:00 PA1 and are there fore within the allowable range elf business operation hours. F, A minimum twenty five foot (25)wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. The submitted landscape plans show a 25-loot bi(116-but if does appear to meet UDC 11-38- Page 7 Exhibit A 5N reqWreinents that an-v fvpe ty'brilhIr be at least 70%covered ti4th i,egetation at Inaluritv. Slqffis recomniencling a condition ol"approval to correct this. & If the use is unattended,the standards in accord with section 11-3A-16, "Self-Service Uses",of this title shall also apply.Not applicahle,- use is attended. 14. The facility shall have a second means of access for emergency purposes. The submitted plans show a secondary access in the northeast corner qfthe site it] line with a, requirement qfthe Sagewood Wev subdivision to the east currentli,in process 11"ith the Cit.). This access satisfies this standard. 1. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored iterns shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. Subatitted plans short,compliance with this standard. J. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. The Applicant shall contplv with this standard. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet(1,000') from a hospital. (Ord. 13-1555, 5-14-2013) Liquid propane may lee.stored on site,lbr use in filling propane tanks in euvoiner vehicles. There is no hospital with in 1,000ftet of subject site; there.fore, this standard shall be satisfied. 11-4-3-33—Outdoor Storage Facility: A. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. The Applicant shall cottipli,with this standard. B. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. The Applicant shall comply with this standard. C. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. The Applicant shall conipli,with thisstandarel. D. For any use requiring the storage of fuel or hazardous material, the use shall be located a mininiurn of one thousand feet(1,000') from a hospital.See comment on same standard above. E. For properties in industrial districts, the following standards shall apply: (The subject site is not proposed with an industrial district and therefore this standard does not appyy) a. For properties that are adjacent to nonindustrial properties and/or public streets, outdoor storage of materials,equipment, inventory, and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent nonindustrial properties and/or public streets by a solid fence and/or wall with a minimum height ofsix feet(6). Such fence and/or wall shall be constructed of complementary or of similar desip and materials of the primary Structure. b. For properties that adjoin the railway corridor, in addition to the standards of subsection El of this section, outdoor storage of materials,equipment, inventory, and"'or supplies shall be screened froni the edge of the required street buffer a Page 8 Exhibit A distance of one hundred feet (100') from the edge of right of way parallel to the railway corridor. c. For properties where subsections El and/or E2 of this section do not apply, outdoor storage areas do not need to be screened. (Ord. 09-14-10. 6-1-3-2009, eff. 6-23-2009) F. Dimensional Standards(L1QC_LI-_2): The proposed commercial building appears to meet all UDC dimensional standards including required landscape buffers,building setbacks, drive aisle widths, and building height. G. Access(UDC I 1-3A-3, 11-31-1-4): Access is proposed via the existing curb cut from W.Overland Road, an arterial street. ACHD approves of this access point as the proposed use is a commercial use and vehicle trips to the location is presurned to be minimal when compared to a residential development. The specific use standards require a secondary access for storage facilities and the Applicant is proposing one at the eastern boundary that lines up with a proposed common driveway in the adjacent Sagewood West development currently being processed. This Applicant and the Applicanifin-Sagewood Ifest have worked together-to align this emet-genc'v on1v access. Tvlficallv, an eniergencv access must meet a separation requirement front the inain access in order-to count as asecondary access,far Meridian Fire. Flowerer, the requirement of this secs ndary access is not a Fire requirement but a Planning one and there/bre the noi-inalli,required separation bchveen the tivo access points is not applicable. H. Parking(UDC]I-3C): Off-street parking is required to be provided at one space per 500 square feet in accord with the standards listed in UDC I 1-3C-6B for commercial zoning districts. Specifically for self-service storage facilities, this requirement is only applicable based on the gross floor area of the office space.According to the submitted site plan, the existing warehouse building on site is 3,185 squareftet, requiring a ininintuni of seven (7)parking spaces. The Applicant has proposes!seven (7)parking spaces, qf'vvhich rivo (2)are ADA accessible, Because the proposeduse uses a valet sv teni, Staff Sfinds the proposed parkingto he su cient, ffi Between the office and the main building, the Aplilicant is p)-oI)osing to install asphalt joavingfbi. the inaiorit.il,of that area. This area is intended 16r outdoor storage anti staging qfR Vv and tr-ailers but will not be farpublic parking. This area ivi/I likeli,not be striped as the position and size of items parked in this area will viny throughout business operation. The outdocn-storage specific use standen-ds shall be adhered to because of this proposed ancillary use. 1. Pathways(UDC 11-3,.1-8): No pathways are proposed or required due to frontage along W. Overland Road being fully improved with curb, gutter,and sidewalk. J. Sidewalks(UDC 1l-3A-17): The subject site has its only street frontage on W. Overland Road and this section of Overland has been fully improved with 5 lanes and curb,gutter,and attached sidewalk. The Applicant is proposing a short extension of the sidewalk to go into the site. This extension turns into a pedestrian crosswalk that leads to the front door of the main storage building. UDC 11-3A-19, "Site Design Standarels."also dictates that sidewalks be pi-ovidedftom the public street to the qfflcefior a delineated path for-pedestrians. No submitted plans show this Page 9 Exhibit A sidewalk connection to the office in the back a 'the site where harking is proposed. In order to satisfy this requireinew this additional sideu,alk should be delinetned through the parking lot in sore For example, stanlI)ed concrete, brick, or similar. Stqffis recoinniending a condition ol'opproval to correct this. K. Landscaping(UDC I I--3B)-. A 25-foot wide street buffer is required adjacent to W. Overland Road, an arterial street, landscaped per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is shown on the submitted site plan and landscape plan. In addition,a 25-foot buffer is required between the proposed commercial use and any residential uses, landscaped per the standards listed in UDC 11-3B-9. A 25-foot landscape buffer is depicted on the submitted landscape plans along the property boundary that abuts all residential uses,existing and proposed. U,7len to landscal)e bt#,Jer betit,een uses is required, the requirement is rant to ensure adequate screening between dissimilar uses. The code requires that this btffler include trees that have canopies that touch tit niaturin% The Applicant is proposing to case a large number existing trees for this buf)er that tire not on this properti,but are near the propertv line and on the adjacent property v to the east. Thcrelbrc, the Applicant shall he required to revise the submitted landscalie plans and shoit,adequate londscal)e material within the required bq1kr per UDC 11-3B-9 standards. With the combination q1'a prh,a4:v,knce and dense landscaping, Staff finds the proposed landscape bu rs assq meet to eet this code requircillent. We The Cin,Arborist has made Stil/faivare of potential issue with the Fra-vinus -Ash-tree species. This tty)e o 'free species attract aspec4ic and invasive pest and it is the request ref the Cin, A rborist that projects start tryitkiz to replace these types ql'trees uith other tree species. ThereIbre, Staff recommending,a condition q1'approval that the Applicant work smith the 011, ,4 rborist oil all apl)ropriate alternalitv to their proposed "Ash"tree selection, L. Fencing(UDC I I-JA-6, II-3t4-7): All fencing is required to comply with the standards listed in UDC I I-3A-7. Fencing is proposed as shown on the landscape plan along the entire property boundary and meets UDC standards as proposed. M. Building Elevations(UDC 11-3A-1 9 1 i4rchilectural Standards Manual): Tile Applicant submitted conceptual renderings and conceptual elevations of the new proposed storage/cornmercial building(see Section VILE). The submitted plans do not meet all of the standards as required for commercial development in the Architectural Standards Manual (ASM). This application does not include Design Review but staff is recommending certain conditions to ensure any future commercial building on this site is built to a premier standard as intended by the ASM. specifif'aflY,prt-,,fabricated metal siding is prohibited as afield material unless uses with a minimum of two other quahl.i,ingfield materials and meets all other.,vtaiid4ird_feiic,,Ytr(itie)j? and material requirements (ASM, Commercial District Goal 5.20). The subtnitted elevations shoiv this tipe elf metal as afield material along the top qfthe entire building The onl.v otherfield material proposed appears to he stucco,- all other inateria1v are used as accents. Stqf,funderstands that the proposed building is a large metal building but that does not mean that an industrial n7j)e building can be dropped oil a lot within a commercial district. IF the metal look is desired, it should be qfhigh qualiti,like that(?f"high grade fiber panels, -Jbr eruml)le. In addition, Stall' reconirnends replacing same qfthe metal shoivn oil the plans with windows to create a more interestingfii(wde across the diffirent building elevations. Adding,overhangs or architectural Page 10 Exhibit A trellis along the building(espeeialli,on the north M(wle that fiices the publie street) ivould also atl(l interest and qualiti,ingftnestration to the builcling. The submitted plans also elo not shoat where ineehanical equilmiew will be placed. The proposed building ivill be climate controlled so the required H f,'A C's'vstem will not be small. PYhere will this be located? The plans clo not show anv parti'pet on the building and antic' roqfinounteil mechanical equipment must be fiilli,sereenetiftom public view. To help fi.v this and acid the requirecl roolline variation. Staffrot,ommendy adding an architectural parapet around the building that he1j)s anchor the top of the structure architecturalli,cane!provide screening opportunities for future mechanical equipment VT. DECISION A. Staff: Staff reconn-nends approval of the requested rezone and conditional use permit per the Findings in Section IX of this staff report and if the Commission and Council deem the site more appropriate to develop entirely with a commercial use as proposed B. The Meridian PI hearing, the Commission moved to recommend approval of the subject Conditional Use Permit and Rezone requests. 1, Summary of Commission public hearing: a. In favor: Glenn Walker,project architect ii- In o osititan: None C. Commenting: Glenn Walker, Architect d. Written testimony: None Staff presenting f Other Staff commenting on aL)plication: None I key iss�ues of public testimony: a. None 3i Key assue(s)of discussion by Commission: A. Height of fence adjacent to residential uses; b. Use of existing facility in rear of p!Lo c. How proposed use actually functions on-site with intended "valet"service rnodel- 4. Commission change(s)to Staff recommendation: a. Add condition/DA provision that an 8-foot tall fence be constructed-aloe gtheTroperty lines that abut a residential use. S. Outstanding issue(s) for City Council: � Apl?l icant has not addressed conditions 1.1 and 1-2, Staff recommends that Council modify these conditions to include a rewording that requires the Applicant to supply these revised documents to Planning Staff prior to any Rezone ordinance approval. C. The Meridiai-L-City Council-licard-these items on,August H,2020, At thepuJINc hearift&-the Co -ne an(LConditioral Remit eq-ttL t .t a prove the subjeaRez-o--s - - L- - -Use -j? �sm I Summary-s,)Hhc City.Council public-hearing: a, In favor. 0"Ictin Walker, ADP (Applicant Rep) b, In opposition: None C. Commenting, Genn Walker d. Written testim"Y"Nolic nsentmg ap lication: w nt.AssQ I it I i ner a -p -ph-Rodso — ---Jo ji-Currc -e Minn f, Other Staff conivictitinG on 2 Key issue(s)-of publictes -tittiony, Page 11 Item#9. Exhibit A a. None 3s Key issuc(s)of discussion -YI City Cpunc l a. Architectural d si m e f the Prc►posed 1 uild n and location of outcit c r_ tarn e, 4. City Council rhangc(sl to Cc�nlmis$iQn reco'nmcndation: a to ify cnndit_ian5 1-1 and l_2 [cr rncItide Ian ta�„c that thcy arc_complc:ted prior to th R�zo�e_ordinance 1�cn�ara�eci 1'S�City_C'c��ncil. Page 12 Page 198 Exhibit A VII. EXHIBITS A. Rezone Legal Description and Exhibit Map 40 May 13.2020 Rezoning to Zone CG Legal Description BASIS OF BEARING for this description is 589'33'34"E between a found 112"Iron Pin at the West 1/16,4, Cotner and the Northwest comer of Section 24,Township 3 North,Range I West,S.M.,Ada County, Idaho, THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 24,TOWNSHIP 3 NORTH,RANGE I WEST, B-M,,ADA COUNTY,IDAHO AS DESCRIBED: BEGINNING AT A POINT IN THE NORTHWEST QUARTER OF SAID SECTION 24,SAID POINT BEING 589'33'34'E 545.3S FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER AND S00-15w"W 51,00 FEET FROM THE NORTHWEST QUARTER CORNER OF SECTION 24,TOWNSHIP 3 NORTH,RANGE I WEST,S.M.;AND RUNNING S89'33'34'E 255.06 FEET;THENCE 500'34'17'E 167.30 FEET;THENCE S01*48'54'F-147.24 FEET,THENCE S0I'58'59'E 178,D9 FEET;THENCE 502'25'10'E 396.57 FEET;THENCE N66'01'50"W 134.39 FEET;THENCE N65'22'50"W 88.17 FEET;THENCE N00'00'00E 454.47 FEET; THENCE N90'00'00'W 82.84 FEET,THENCE NOO-15'00-E 344.81 FEET TO THE POINT OF BEGINNING, CONTAINS 4.23 ACRES IN AREA www.edmpartners.com • 2815 East 3300 South,Salt Lake City,LIT 84109 * 801-305-4670 1 Page 13 - Exhibit A NORTHWEST QUARTER CORNER SECTION 24, TOW WHIP 3 NMH, RANGE I WEST,8-Mk, I/154 ri CORNER (BASIS OF BEARING) (CENTERLINE OVERLAND ROAD) Mir NO. 9016820 589'3334"E 1327,74` SD'I SIX11W ue am nr Nqu-mow 8224' ego t4 Precision Storage Legal Description SCALF-1;I"'-Lill" DATE: FI(WRE: D 73 00 300 May 15,2020 2 Page 14 Item#9. Exhibit A B. Site Plan(dated: June 2020) a w 3 j � g F i 'I t. ADP ARCHITECTS! -' :> .� I fL PLAN ILL I I Page 15 Page 201 Gm#g Exhibit C. Landscape Rendering(date: June 2020) Uj Uj � \ y za � /> �m< t \ ( §\\ y \} © © « . . . Page 16 m7 m2 Exhibit D. Landscape Plans(dak: June 2020) --------------- �OVER NO STO"GE Puue |7 Item#9. Exhibit A 'h 1 � j ri �. 'W�' wro'Cam" "J P e.N'b,M�i typt[r I$P&` afmq k0 Iib iftir�d.b'Lt:� ;m w. 74 N r F aFkteS:.jp b, aNt4P'R�"' ;w5 ao area rakmm>5AV$ .P zero ewaF.. +wri Page 18 . Page 204 .sy;. Item#9. Exhibit A 00, Page 20 Page 206 Item#9. Exhibit A ,� ... ... Rom Page 21 Page 207 Item#9. Exhibit A Fl— rr rn l yy� sl t _ n i II� - - LJ S I • kr.w STORAGEFACR-MYFGF- ADP ARCHITECTS r� 13PIC DEVELOPMENT a 4r- PLAWNI n x LN E IN5 W.OVERLAND RD, AAA � ru, reurmr sr. arrxr erur� " bpi MEI;1flIAN,IUAEiCF83642 m N.rau saes r-Awm Ksw.w., ELEVATIONS •� - Page 22 - Page 208 Item#9. Exhibit A VIII. CITYIAGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. As allowed by Idaho State Law with Annexation and Rezone applications,a Development Agreement(DA)is required as a provision of rezoning this property. Prior to approval of the rezone ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of rezone 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 rezone. The DA shall, at minimum, incorporate the following provisions: At least ten(10) days prior-to the City Couneii! Prior to the Rezone Ordinance approval by City Counci ,the Applicant shall submit: 1. Revised legal descriptions for the requested rezone to reflect the C-C zoning district instead of the C-G zoning district AND 2, Revised legal description for the rezone boundary to reflect the conveyance of the sliver of land from the proposed Sagewood West application,Lot 27,Block 1 of their proposed plat. a. Future development shall be consistent with the minimum dimensional standards listed.in UDC Table 11-2B-3 for the C-C zoning district and those listed in the specific use standards for self-service storage facilities and ancillary outdoor storage, UDC 11-4-3-34 and UDC 11-4-3-33,respectively, b. The only approved direct lot access to W. Overland Road is that existing access in the northeast comer of the subject site. c. The Applicant shall maintain an emergency only access to the east via the proposed common drive in the adjacent subdivision to the east, Sagewood West. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Prior to CZC and DES submittal,the Applicant shall obtain approval of a Property Boundary Adjustment to consolidate all existing lots (S1224223270&S1224223300) into one and include the sliver of land conveyed from the property owner to the east, shown as Lot 27,Block 1 in the Sagewood West preliminary plat. f. All fencing adjacent to abutting residential uses shall be privacy fencing and eight(8)feet in height meeti ng UDC 11-3A-7 standards. Page 23 Page 209 Item#9. Exhibit A 2_ The Applicant shall obtain Certificate of Zoning Compliance(CZC)and Administrative Design Review(DES)approval prior to submitting for building permits. 3. The submitted site plan, dated.tune 2020 and as seen in Exhibit V11.B,shall be revised to show the required sidewalk from W. Overland Road to the office in the rear of the subject site. The sidewalk shall be delineated by being constructed of a different material than the asphalt parking lot(i.e. stamped concrete, brick,or similar). 4.. The submitted landscape plan,dated June 2020 and as seen in Exhibit VII.D,shall be revised as follows: a. Show the required landscape buffer to all residential land uses as at least 70%covered by vegetation at maturity, as set forth in UDC I 1-3B-5N. b. Add the required additional sidewalk from W. Overland to the office in the rear of the subject site. The sidewalk shall be delineated by being constructed of a different material than the asphalt parking lot(i.e. stamped concrete,brick,or similar). CZC and DES submittal as follow - a. Add aft addiiienal fie!d mater-ial that ig fl��!PFe fabrieaied meta 1 sidi ng a long a!1 buil ding €aeadt b. Add windows., where awhiteeitir-ally feasible.along!he top of building , especially on the. mot.f—;ne eleya. , ; smund; fi Add a parapet along the Feefline with the Fequifed me"lation tha4 will also ee-ver an), g. Add addiiional fenestmtien and pedesir-ian scale along all building facades. Page 24 — Page 210 Item#9. Exhibit A 6.. All future lighting on the subject site shall be compatible to abutting residential uses and adhere to the standards outlined in UDC 1 1-3A-1 1 C,these standards are to be met regardless of the lumen output. 7_ Off-street parking is required to be provided in accord with the standards listed in UDC Table l 1-3C-6 for commercial developments based on the gross floor area of the self-service storage office. 8. The Applicant shall work with the City Arborist on an appropriate alternative to their proposed"Ash"tree selection and obtain approval from the City Arborist prior to building permit approval. 9. The conditional use approval shall become null and void unless otherwise approved by the- City if the applicant fails to: 1)commence the:use,satisfy the requirements,acquire building permits and commence construction within two years as set forth in UDC 1 I-513-6F1; or 2) obtain approval of a time extension as set forth in UDC 11-5 B-6F4. B. PUBLIC WORKS 1. Site Specific Conditions of Approval L I A street light plan will need to be included in the final plat and or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. Contact the Meridian Transportation and Utility Coordinator for additional information. 1.2 The existing water main stub into the property is a 10",not a 6" as shown on the plan 1.3 Retain and protect the existing fire hydrant at the end of the 10" main 1.4 Provide a utility easement from the end of the existing 10"line to the west property line matching up with the existing utility easement in Linder Road Apartments 1.5 The water service and fire line should connect to the existing 10" line, not the existing 12" line in Overland.Rd as currently shown 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 reimbtusement 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 be dedicated via using the City of Meridian's standard forms. 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 9112"x l 1"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must Page 25 Page 211 Item#9. Exhibit A be sealed,signed and dated by a Professional Land Surveyor. DO NOT RECORD. 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 rcquired 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 small be required. If 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 Any strictures that are allowed to remain shall be subject to evaluation and passible 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 1-3A-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(248)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)334-21.90. 18 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(209)375-521 1. 2.9 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. 2.10 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. 111 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 113 All grading of the site shall be performed in conformance with MCC 11-12-31I. 2.14 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. 115 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, 2.16 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. 2.17 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 Page 26 Page 212 Item#9. Exhibit A copy of the standards can be found at http://www.meridiancity.org/public—works.aspx?id=272. 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 infonnation at 887-2211. C. FIRE DEPARTMENT htWs:llwebliitk,meridiancib!.of gllF�ebLinkIDocView_aspr?id=184359&dbid=O&repo=MeridianC i tv D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llu,eblit?k.Ineridiajreiti,.orZ161,`ebLink1DocView.asl x?id=190570&dl7id=0&rwo=Meridian C Ri E. NAMPA&MERIDIAN IRRIGATION DISTRICT lauM.-Ilweblink.►neridiancitv.or —1WebLink1DocView.aspx?id=184914&dbid=lh4crepo=MeridianC i t1' F. ADA COUNTY HIGHWAY DISTRICT(ACHD) ar-un hezy as yU ., Wed 61tv 1k, of Mk 61ne. hugs:llweblink.meridiancimorglYYebLinklDoc View.aspx?id 191804&dbid=0&repo=Meridian C itv IBC. 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: I. The map amendment complies with the applicable provisions of the compre lien sive plan; Council,frnds the proposed zoning map amendment to C-C zoning district and not the requested C-G zoning district is consistent with the Comprehensive Plan, rf'all provisions of the Development Agreement and conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed zoning nrap amendment and request.for Recreational Vehicle storage to be generally consistent with the purpose statement o_f the commercial district and firtttre land use designation of Commercial. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Page 27 - Page 213 Item#9. Exhibit A Council finds the proposed Zoning map amendment should not be detrimental to the public health, safety and wel/are if'all provisions of'the Development Agreement and conditions of approval are complied with. 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 Council finds the proposed rolling Wrap amendment will not result in an adverse impact on the delive►j�of'services by a►zv political subdivision providingpublic services within the City. 5. The annexation(as applicable) is in the best interest of city. The subject property is alreadv annexed.-therefore Staffftnds that this finding is not applicable. However, Council finds that the requested rezone and addition of a commercial use is in the hest interest of the city. B. Conditional Use Permit The Commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site and proposed building meets all the dimensional and development regulations in the commercial zoning districts for the proposed use. Therefore, Council,f inds the site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council Ends the proposed self-service storage facility will be harmonious with the Comprehensive Plan in that it is a conditional use in the C-C and C-G zoning districts which are allowable z7ones in the Conimercial fieture laird use designation as noted in the Meridian Comprehensive Plan. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council_jends the operation of the proposed self-service storage facility should be compatible with the other uses in the area and will not adversely change the essential character of this area if all conditions of approval and DA provisions are met. 4. That the proposed use,if it complies with all conditions of the approvaI imposed,will not adversely affect other property in the vicinity. If the proposed,facilily complies with the conditions of approval in Section VIII as required, Council finds the proposed use should not adversely affect other properties in the vicinifl�. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures, refuse disposal,water,and sewer. The subject site is alreadv annexed into the Ciry and these services are already being provided to the existing buildings on site. Therefore, Council,/inds the proposed use will be served adequately ley all public_facilities and services. — Page 28 Page 214 Item#9. Exhibit A 6. T'hat the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds the proposed use should not create an additional costs for public,facilities and services and mill not be detrimental to the economic welfare v_f the coinmunittix. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. With adequate screening and adherence to applicable Zoning and building code requirements, Councilfinds the proposed use.should not be detrimental to anj�persons,property, or the general welfare. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord.05-1170,8-30- 2005, elf. 9-15-2005) Council is not aware ofany catch features;the proposed use should not result ill damage of anl>such featarres. Page 29 Page 215 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Corey D. Barton (Owner) and Southpoint Estates LLC (Developer) for Sagewood West (H-2020-0038) APPROVED Page 216 DE VELOPMENT CITY OF MERIDIAN, IDAHO NO FEE PARTIES: | City ofMeridian 2. Smith Brighton |nu., ()vvour/Ceve|uper THIS DEVELOPMENT /\GBJEEIK4SNl- (this Agreement), is ooudc and entered into this 22ud day of December 2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is33 E. Broadway Avenue, Meridian, Idaho 82642ond Smith Brighton Uoc.` whose address is2929 VV. Navigator, #4O0, Meridian, U) 83h42, hereinafter called OWN DR/C>|B\/ELOPER. | RECITALS: 1.7 WHEREAS,Owner io the sole owner, in law and/or equity,of certain tract of land in the County ofAda, State ofIdaho, described in Exhibit"A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code 807-65l /f\provides that cities may,hyordinance, require or permit ua a condition ofzoning that the Owner and/or Developer make a written comm itinent concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified I)ove!opr0001 Code ("UDC"), v/bioh authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, ()xmcr/[)cvc|op*r has aubonk1cd a Modification to existing Development Agreements(>1-2O|5-00l9: Brighton Investments, [LC—Inst. #2O(6-007072; 9[S Brighton,l.LC—Inst.#2O]6-OO7O73; K4or8oidoLimited Partnership — Inst. #2O|6-007O74) to replace the agreements with one new agreement based on the proposed development plan; and, Rezone of 384.97 acres ofland from the RL-4iw the k-8 (l44.78+ 119.28=204.06uc,cd, [l-15 (76.93 uovcd and C-C (43.28 acres) zoning district of the property listed in Exhibit ^^/\", onuobed hereto, under the Unified Development Code, which generally dcocdhcs bovv the Property will be developed and v/bu1 improvements will b#nnade; and DcvsuopMswr AGREEMENT—APEX(H-202O-0V66) PAGE/ or8 Item#10. 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 28th day of July, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11,2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian,Idaho 83642. 3.2 OWNER: means and refers to Corey D. Barton, whose address 1977 E. Overland Road, Meridian, ID 83642, the party that owns said Property and shall include any subsequent owner(s)of the Property. DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 2 OF 8 Page 218 Item#10. 3.3 DEVELOPER: means and refers to Southpoint Estates LLC, whose address is PO Box 6385, Boise, ID 83707, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as described in Exhibit"A"describing the parcel to be bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevation for the single-family dwellings included in Section VII and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". b. The applicant shall comply with the ordinances in effect at the time of applications submittal. C. Direct lot access to W. Overland Road shall be prohibited. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement,Owners and/or Developer shall have thirty(30)days from DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 3 OF 8 Page 219 Item#10. 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 time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws,ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners 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 and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owners and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 4 OF 8 Page 220 Item#10. ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 1 I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: 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 OWNER: DEVELOPER: Corey D.Barton Southpoint Estates LLC 1977 E. Overland Rd. PO Box 6385 Meridian,ID 83642 Boise,ID 83707 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 5 OF 8 Page 221 Item#10. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation 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 shall 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 governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the 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 DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-003 8) PAGE 6 OF 8 Page 222 Item#10. connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: Southpoint Estates LLC Corey D. on By: l Its: S'V/ CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 7 OF 8 Page 223 Item#10. STATE OF IDAHO ) ss: County of Ada ) On this�W day of 5 C'r. ,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Corey D.Barton known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHER ®/fto set my hand and affixed my official seal the day and year in this certificate first above written,�\\ P�,,,,,�•�r�`s��j�� (SEAL) ,� .• �^►•• Wt. • COMMISSION Notary Public for Idaho • _ XPIR(S 6.5.2022 Residing at:_NAr,'ot . My Commission Expires: la-OS-�a- OF I'D STATE OF IDAHO ) ss: County of Ada ) On this day of tJ�,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared ,known or identified to me to be the of Southpoint states,LLC and The person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��aarpa, (SEAL) G1L 'A.'fy "6�La No ary Public for Idaho Residing at: Pjje C My Commission Expires: • STATE OF IDAHO ) �4�$ ss r • l0 County of Ada ) •i� ftmses On this 22nd day of December ,2020, before me, a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3-29-2022 DEVELOPMENT AGREEMENT—SAGEWOOD WEST(H-2020-0038) PAGE 8 OF 8 Page 224 item#�o. EXHIBIT A Sawtooth Land Surveying, LLC 2030 5.Ws5hingtor A✓e, Emmett, ID 836 17 (205)358-8104 F:(208)398-8 05 Sagewood West Subdivision Annexation Description BASIS OF BEARING for this description is South 8913442"East, between a brass carp marking the northwest corner of Section 24 and a brass cap marking the N1/4 of Section 24, both in T. 3 N., R. 1 W., B.M., City of Meridian,Ada County, Idaho. A parcel of land being a portion of the NW1/4 of the NW1/4 of Section 24,T. 3 N., R. 1 W., B.M.,City of Meridian Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of said Section 24; Thence South 89034'42"East,coincident with the centerline of W. Overland Road, 800.09 feet to the POINT OF BEGINNING; Thence continuing, South 89°3442"East coincident with said centerline of W. Overland Road, a distance of 77.38 feet; Thence leaving said centerline of W. Overland Road, South 0°25'18"West,48.00 feet to a 5/8" rebar with no cap; Thence South 57046'04"East, 532.56 feet to a 5/8"rebar with no cap on the west boundary of Sagewood Subdivision,as shown in Book 110 of Plats, Pages 15846-15847,Ada County Records; Thence South 0126'18"West, coincident with said west boundary of Sagewood Subdivision, 759.66 feet to a 5/8"rebar with no cap marking the southwest corner of said Sagewood Subdivision and an angle point in the northerly boundary of Fall Creek Meadows Subdivision No. 2,as shown in Book 115 of Plats, Pages 17180-17188,Ada County Records; Thence South 0019'18"West, coincident with said northerly boundary of Fall Creek Meadows Subdivision No. 2, a distance of 29.74 feet to a 5/8"rebar/cap PI_S 11334; Thence North 77045'27"West, coincident with the northerly boundary of said Fall Creek Meadows Subdivision No. 2 and Fall Creek Meadows Subdivision No. 1, as shown in Book 114 of Plats, Pages 17036-17046,Ada County Records, 313.88 feet; Thence North 61003'23"West, coincident with said northerly boundary of Fall Creek Meadows Subdivision No. 1, a distance of 351.87 feet to a 5/8"rebar/cap PLS 11334; P:1202011 EMT1120017-1335 W OVERLAND SUB-CG\Survey\Drawingsl0escriptions1120017-Sagewood West Annexation Description.docx I1 Sagewood West Subdivision—H-2020-0038 Page 225 ttem#�o. EXHIBIT A I Thence South 6600134"East, 134.28 feet to a 1/2"rebar/cap PLS 7323; Thence North 2025'32"West, 396.59 feet to a 1/2"rebar/cap PLS 7323; Thence North 2001'52"West, 178.11 feet to a 1/2"rebar/cap PLS 7323; Thence North 1048'29"West, 147.07 feet to a 1/2"rebar/cap PLS 7323; Thence North 0113525"West, 167.48 feet to a 5/8"rebar/cap PLS 5082; Thence North 0°07'23"W., 51.00 feet to the POINT OF BEGINNING. The above described parcel contains 10.41 acres, more or less. 0 s 1157 qT E OF � R BEAG�' P:1202011 EMT11 20 0 1 7-1 335 W OVERLAND SUB-COkSurvey\Drawings%Descriptions1120017-Sagewood West Annexation Description.docx 12 i Sagewood West Subdivision—H-2020-0038 Page 226 EXHIBIT A BASIS OF BEARING 5111PAWTE . ................... .................. Eamm SM-34421E N 0-07�23"w -- - -- -- - - -- - POS 7323 ZI ao- er NTS Rsnv 11574 of BE T.3 R 1 S.M. FAL�CRF�: UFADOWS SUBDIVISION W Z BOOK IL5,PAGES 17190-17188 PROJECT, OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. OWE; SAGEWOOD WEST SUBDIVISION EMMETT,ID 83617 120017-EX ANNEXATION EXHIBIT COAfGFR GROUP P. (208)398-8104 PROJECT# MERIDIAN,IDAHO F, (208)398-8105 120017 SHEET DATE. 312020 WWW.SAWTOOTHLS.COM 1 OFI Sagewood West Subdivision—H-2020-0038 Page 227 item#90. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C (([E IDIAl`T AND DECISION&ORDER In the Matter of the Request for Annexation and Zoning,and Preliminary Plat,by Southpoint Estates,LLC. Case No(s).H-2020-0038 For the City Council Hearing Date of: July 14,2020 (Findings on July 28,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 14,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 14,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 14,2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 14, 2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 14, 2020, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Sagewood West—FILE#11-2020-0038) - I - Page 228 Meridian City Council Meeting Agenda July 28,2020— Page 34 of 175 Item#10. 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 1-5A 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, and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 14,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1 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 permits 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 termination 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 or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Sagewood West—FILE#11-2020-0038) -2- Meridian City Council Meeting Agenda July 28,2020— Page 35 of 175 Item#10. City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of July 14,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Sagewood West—FILE#H-2020-0038) -3- Page 230 Meridian City Council Meeting Agenda July 28,2020— Page 36 of 175 By action of the City Council at its regular meeting held on the 28th day of July 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: Charlene Way Dated: 7-28-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Sagewood West—FILE#H-2020-0038) -4- Meridian City Council Meeting Agenda July 28,2020— Page 37 of 175 Item#10. Exhibit A STAFF REPORT C> E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 7/14/2020 DATE: Legend \ � Project Location TO: Mayor&City Council ® , FROM: Joe Dodson,Associate Planner 208-884-5533 fl Bruce Freckleton,Development Services Manager 208-887-2211 ® � ®. SUBJECT: H-2020-0038 Sagewood West Subdivision - LOCATION: The site is located at 1335 W. Overland L; Road,between S. Linder Road and S. Stoddard Road, in the NW 1/4 of the NW � '/4 of Section 24, Township 3N., Range 1W. L PROJECT DESCRIPTION Annexation&zoning of 10.41 acres of land with an R-8 zoning district and preliminary plat consisting of 53 building lots and 7 common lots,by Southpoint Estates, LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 10.41 acres Future Land Use Designation Medium Density Residential and Commercial (on northern portion of property) Existing Land Use(s) Residential Proposed Land Use(s) Residential Lots(#and type;bldg./common) 60 total lots—53 single-family residential; and 7 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 53 single-family units. of units) Density(gross&net) Gross— 5.11 du/ac.;Net—7.86 du/ac. Open Space(acres,total 1.25 acres of qualified open space(approximately 12.04%) [%]/buffer/qualified) Amenities 4 amenities—Micro-pathways,public art,tot-lot(climbing boulders),and picnic areas. Page 1 Page 232 Meridian City Council Meeting Agenda July 28,2020— Page 38 of 175 Item#10. Exhibit A Description Details Page Physical Features(waterways, N/A hazards,flood plain,hillside) Neighborhood meeting date;#of January 28,2020—3 attendees attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Section VIII.H • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Existing access is off of E. Overland Rd—this access is Hwy/Local)(Existing and Proposed) proposed to be closed upon development.Access is proposed via extension of existing local streets from the east and south. Traffic Level of Service Stub Street/Interconnectivity/Cross Applicant is not proposing any additional stub streets as all Access streets into this property are from existing stub streets. Parcels to the north,east,and west surrounding the subject site are developed and there is no need for additional stub streets at this time. See analysis section below for more information on parcel to the west. Existing Road Network Overland Road,an arterial,is fully improved with two travel lanes in both directions abutting the site. Existing Arterial Sidewalks/ Yes Buffers Proposed Road Improvements Applicant is not required to improve Overland Road or dedicate additional right-of-way. Distance to nearest City Park(+ Bear Creek Park(18.34 acres)— 1 mile size) Fire Service • Distance to Fire Station .4 miles from Fire Station 46 • Fire Response Time Meridian Fire can meet the 5 minute response time goal. • Resource Reliability Reliability is unknown at this time as the station is new. • Risk Identification Risk Factor 1—Residential • Accessibility Proposed project meets all required access,road widths, and turnarounds. Police Service See Agency Comments(Section VIII.D). West Ada School District • Distance(elem,ms,hs) No comments submitted at this time. • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer Services N/A • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.92 Page 2 Page 233 Meridian City Council Meeting Agenda July 28,2020— Page 39 of 175 Item#10. Exhibit A Description Details Page • Project Consistent with WW YES Master Plan/Facility Plan Water • Distance to Water Services 0' • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water YES Master Plan • Impacts/Concerns Utility easement for possible future water main extension must be provided to property to the west via the common driveway. COMPASS • Other nearby services and Bus stop— 1.6 miles(when ValleyConnect 2.0 is information operational,the nearest bust stop would be less than''/z mile away) Public School—0.3 miles(Victory Middle School) Grocery Store—0.5 miles Jobs to Housing Ratio—1.1 (ratio of 1-1.5 is ideal). C. Project Area Maps Future Land Use Map Aerial Map -KAM Legend Medium Density_ ,1 Legend0 aProject Location Residential 7Project Location Mizeld -- --- -� Employment Commercial • � - e o MU-Corn "` ^r r LIE `High Density ':�� • � � I �" Residential Civic Zoning Map Planned Development Map Page 3 Page 234 Meridian City Council Meeting Agenda July 28,2020— Page 40 of 175 Item#10. Exhibit A Legend (� Legend Project Location R'4 \ , Project Location City Limits Planned Parcels RUT I C2 ; TN-C RUT C C L"p ` �R - E R-15 RUT R-1! _ ,TN-R R-2 R-4 R-4 - E RUT R1 R1 R1 �PTTc III. APPLICANT INFORMATION A. Applicant: Southpoint Estates LLC—PO Box 6385, Boise,ID 83707 B. Owner: Corey Barton— 1977 W. Overland Road,Meridian, ID 83642 C. Representative: Laren Bailey—PO Box 6385, Boise, ID 83707 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/13/2020 6/26/2020 Radius notification mailed to properties within 300 feet 5/12/2020 6/23/2020 Site Posting 5/18/2020 7/2/2020 Nextdoor posting 5/12/2020 6/23/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridianciby.org/compplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The proposed annexation area is surrounded by existing City of Meridian zoning. The proposed land use of detached single-family residential is consistent with the dwelling types noted in the Page 4 Page 235 Meridian City Council Meeting Agenda July 28,2020- Page 41 of 175 Item#10. Exhibit A Future Land Use Map (FLUM)designation definitions. Certain densities are required to be met on this property and the proposed project meets the densities listed above. In addition, the proposed zoning and density are consistent with that of the surrounding development. Therefore, Staff finds the density proposed with the preliminary plat and proposed zoning district are consistent with the Future Land Use Map designation of Medium Density Residential. The subject site also has the Commercial future land use designation that was added when the comprehensive plan was revised in 2019. This applicant is choosing to utilize the residential designation rather than the commercial designation. Pursuant to the comments above, Staff supports the residential use and proposed R-8 zoning district in lieu of a commercial development as this is an extension of the existing Sagewood Subdivision on the east boundary. Further, the Hardin Drain, which runs along the north boundary,provides a natural transition between the proposed residential development and what could be commercial uses in the future along the Overland Road frontage. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section HILA1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies(https:Ilwww.meridiancitE.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City" (2.01.01 G). The proposed R-8 zoning and proposed land use of single family residential is an extension of what exists near the subject site today. R-8 zoning and detached single-family homes are abundant in the immediate areas to the south and east but within a half mile of the site, there are a multitude of land-uses that include existing lower density residential, civic (school site, park site, and fire station), light-industrial, office, and multi family residential. Due to the nearby mix of existing and future uses and the size of this site, Staff finds the proposed project to meet the intent of this comprehensive plan policy. "With new subdivision plats, require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities" (2.02.01A). This new subdivision does not offer additional multi-use pathways but will offer attached sidewalks and micro pathways that will help connect neighboring subdivisions together and create a more walkable neighborhood. W. Overland Road is labeled as a transportation corridor in the ACHD Master Street Map and additional pedestrian connections to this corridor are welcomed. This additional connection will allow easier pedestrian access for nearby developments that currently do not have said access to Overland Road. The open space proposed at the southern end of this development offers some actual usable open space for children but is not centralized. These areas (approximately 19,000 square feet combined) are only separated by a local street at the southern end of the property which helps create an area that will be more inviting to the neighborhood. However, the area in the northern portion of the subdivision, but central to the site, appears to be a token piece of open space to accommodate seepage beds. Staff finds the Page 5 Page 236 Meridian City Council Meeting Agenda July 28,2020— Page 42 of 175 Item#10. Exhibit A open space to be adequate but not premier. The addition of a tot-lot with climbing boulders and the addition of a picnic area with public art help elevate the open space/amenity package in this development. "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). The proposed street network is an extension of existing local street stub and the Applicant has chosen to close the existing access to W. Overland Road. Staff and ACHD support the internal local street connectivity because it is designed to integrate with the existing street network that was put in place with the developments to the south and east. The proposed access points easily meet the intent of this Comprehensive Plan policy. The City is currently processing a land use application for a commercial development on the property to the west and interconnectivity is an integral part to both of these applications. Staff has recommended this property owner and the property owner to the west meet and discuss this interconnectivity and possibly work together to create a shared access to Overland Road near the existing curb cut for the property to the west. Staff is unaware if this meeting has occurred. There is no guarantee that the application being processed for the property to the west will be approved as a commercial development and its existing zoning of R-8 could remain. If the property to the west develops as commercial an emergency only access should be provided; if it develops as residential, a full stub street should be provided to their western boundary. Staff has added a condition of approval regarding this in Section VIII.A of this staff report. "Provide housing options close to employment and shopping centers" (3.07.02D). The proposed Sagewood West development is in close proximity to existing employment and shopping centers. Within a half mile is a Wal-Mart, assisted living facility, water park, school, and the commercial intersection of Overland and Meridian Rd. These businesses offer both services and employment opportunities within walking distance of this subdivision. "Preserve,protect, and provide open space for recreation, conservation, and aesthetics" (4.05.0IF).As proposed, this development would provide approximately 12%open space for the subdivision. However, Staff has concluded that not all of this area meets UDC requirements as proposed. Staff is recommending conditions of approval to correct this and with that more open space would be available for both this subdivision and its neighbor to the east, Sagewood Subdivision. The open space proposed is provided via common open space lots at both ends of the development, north and south. Within the lots in the southern half of the plat, climbing boulders and a seating area with public art are proposed. In the northern half of the plat, there is a green space lot and a common lot with a micro pathway proposed. Staff finds that if the common lot with the pathway can meet UDC requirements to count towards linear open space, it would be a great addition of open space and pedestrian connection for this subdivision and adjacent subdivisions. Staff finds this development to be generally consistent with Comprehensive Plan policies and objectives. Page 6 Page 237 Meridian City Council Meeting Agenda July 28,2020— Page 43 of 175 Item#10. Exhibit A C. Existing Structures/Site Improvements: There is an existing home located in the southern portion of the subject site. This residence will be removed from the property prior to development. There is also a private dirt/gravel driveway that comes from the existing access onto Overland Road—as discussed, this access will be closed by the Applicant and the private road will no longer exist. No other site improvements are known at this time. D. Proposed Use Analysis: The proposed use is single-family residential; single-family detached dwellings are listed as principally permitted uses in the R-8 zoning district per UDC Table I I-2A-2. This development is proposed as one (1)phase and all existing access points to Overland Road be closed. There is no requirement for an emergency access as this project is proposed with three (3) access points. According to the submitted preliminary plat, all lots appear to meet the required zoning and use requirements. E. Dimensional Standards(UDC 11-2): All proposed lots and public streets appear to meet all UDC dimensional standards per the submitted preliminary plat. This includes property sizes, required street frontages, and road widths. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC I 1-6C-3). There is one (1) common driveway proposed and such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. An exhibit should be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. F. Access(UDC 11-3A-3): Access is proposed via extending existing local street stubs into this development. The subdivision to the east has two stub streets to this site and the subdivision to the south has one stub street to this site. These three accesses are more than adequate to disperse traffic to nearby arterial roadways. During pre-application meetings with the Applicant, a stub street to the property to their west was requested by staff because they are currently zoned R-8 which would accommodate a residential development. However, the property to the west also has two future land use designations on it, residential and commercial. Because of this, the property owner to the west has recently submitted a Rezone application to change the zoning from R-8 to C-G with a proposed use of self-storage (the proposed use is RV storage but is proposed as a much more specific and encompassing use than traditional self-storage). Staff is recommending a condition of approval that this property provide a full public street stub to the property to the west unless it develops as commercial. This Applicant and the adjacent property owner should work together on the location of this stub. If the adjacent western property is developed as commercial, the public street stub Page 7 Page 238 Meridian City Council Meeting Agenda July 28,2020— Page 44 of 175 Item#10. Exhibit A may be an emergency only access—both property owners should together with ACHD on the appropriate location for this access. G. Parking(UDC I1-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. No parking plan was submitted with the application. The proposed street sections (33 feet wide)shown on the submitted plat accommodate parking on both sides of the street. H. Pathways (UDC 11-3A-8): No multi-use pathways are proposed or required with this development. However, one of the proposed amenities are micro-pathways that connect the internal public roads to W. Overland Road. These connections will help improve pedestrian and cyclist connectivity along the arterial roadway. The submitted plat and landscape plan show a portion of the proposed micro pathway along the Hardin Drain, which is behind the homes along the northern property boundary. The proposed pathway does not show any trees along the pathway as is required by code. This is due to the drain easement not allowing trees within its easement. UDC allows Staff to require an additional five feet outside of the easement be provided so that trees can be added and therefore meet the landscaping requirements. Providing this additional five feet will still allow all affected building lots to meet the R-8 dimensional standards with a property depth of no less than 95 feet in length. Therefore, Staff is recommending a condition of approval to provide this additional five feet and subsequent landscaping along the rear property lines of Lots 4-10, Block 1. In addition, this section of pathway turns away from the building lots and is proposed to stop at the northeast property line which does not meet UDC requirements of being open at both ends. The Applicant states that this micro pathway will later connect to a common driveway that abuts the eastern property boundary but will have to go through the adjacent property to the northeast. Staff finds it difficult to fully support this micro- pathway layout because there is no guarantee that the property to the northeast will ever redevelop and add this small section of pathway. Staff recommends a condition of approval to continue the pathway behind Lots 1-3, Block 1, within a 20 foot wide common lot (UDC 11-3G-3 standards for qualifying linear open space) that connects to the existing common driveway that lays at the eastern property boundary in the adjacent Sagewood Subdivision. Again, this adjustment would still allow Lots 1-3, Block I to meet the required UDC dimensional standards for the R-8 zoning district. NOTE:In discussions with the applicant, it is their desire to negotiate an easement with the adjacent property owner to the northeast(parcel#S1224223106) to use a portion of the property to extend the pathway as shown on the attached open space exhibit. Although an easement may allow for the construction of the pathway, there is no guarantee this area will be landscaped and maintained like a typical common lot owned by an HOA.As an option, the applicant could try to purchase that portion of the property(SEC) so it can be incorporated into the proposed plat. Incorporating the property into this plat would require the applicant to obtain approval of a property Page 8 Page 239 Meridian City Council Meeting Agenda July 28,2020— Page 45 of 175 Item#10. Exhibit A boundary adjustment application, amend the boundary of the proposed plat and submit a concurrent rezone application. Due to the complexity and timing needed to resolve this issue, staff believes the extension of the common lot along the north boundary of Lots 1-3,Block I is the most feasible solution. I. Sidewalks(UDC 11-3A-17): Five-foot attached sidewalks are proposed along all internal local streets. There is existing 5-foot wide attached sidewalks along W. Overland Road. Staff is not recommending that the existing sidewalk is removed. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to W. Overland Rd., an arterial roadway, landscaped per the standards listed in UDC 11-3B-7C. A common lot that is at least 25- feet wide at this section and contains the proposed micro-pathways is depicted on the plat and the correct number of trees appear to be shown on the submitted landscape plans (see Section VII.D). Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. The total square footage of common open space are included in the Landscape Calculations/Requirements table along with the required number of trees to demonstrate compliance with UDC standards. Pathways are required to be landscaped in accord with the standards listed in UDC 1I- 3B-12. See further analysis above (section VHH) on proposed pathways landscaping conditions. The total linear footage of pathways and the required number of trees is not included on the submitted Landscape Calculations table. The landscape plan should be corrected to depict these calculations and the required number of trees (I tree for every 100 linear feet of pathway). K. Qualified Open Space (UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-313 is required. Based on the proposed plat of 10.41 acres, a minimum of 1.04 acres of qualified common open space should be provided. The applicant is proposing 1.25 acres of open space (or 12.04%) consisting of common lots with open space, located on larger lots on the end caps of blocks. In addition, the Applicant is proposing micro-pathways along the northern property boundary that connect to W. Overland Road. Both of the common lots proposed at the end caps of the central block are more than 10,000 square feet in area, meeting the minimum UDC requirements to count towards qualified open space. The additional end cap lot in the southwest of site also meets these dimensional standards and is proposed with a qualifying site amenity (picnic area with public art). The other proposed open space is that area with the micro pathway contained within it in the north area of the development. The proposed pathway connects to the common driveway and heads north to connect to Overland Rd. The pathway also turns east and heads behind the building lots and runs along the northeast boundary, as discussed previously. As proposed, this linear open space with the pathway does not meet UDC standards for qualified open space as it is not open on both ends as required by Page 9 Page 240 Meridian City Council Meeting Agenda July 28,2020— Page 46 of 175 Item#10. Exhibit A UDC 11-3G-3B. Staff has calculated that if this area is not qualifying open space, the amount of qualified open space should be reduced by approximately 15,000 square feet. Without this area, the amount of qualified open space is reduced to about 0.9 acres which is below the required minimum 10%qualified open space. If the Applicant were to make the adjustments to the plat and open space per the conditions in this report and continue the pathway lot all the way along the northeast property boundary, this area and more could be added back into the qualified open space calculations. If this condition cannot be met, Staff recommends that at least one building lot be converted from a buildable lot to a common open space lot and additional open space be provided in order to meet the minimum 10%requirement. The adjacent subdivision to the east(Sagewood Subdivision) is operated by the same HOA that will operate this proposed development. Because of this, the Applicant does have the option of counting some of their excess open space with this development so long as both projects would then meet the minimum 10%open space. Sagewood Subdivision provided a park that is over an acre in size in addition to other qualifying open space. Staff finds that some of this area can count towards the qualifying open space within this development because of its proximity, two local street connections with attached sidewalks, and the existence of the same HOA governance. In the very southwest corner of the subject site there is a small sliver of open space located at the rear of Lot 26, Block I that does not have adequate visibility for emergency and police services. The Applicant is currently incorporating this odd sliver of land into their plat in order to help the City fix a surveying mistake from the past. In discussions with the Applicant, Staff has requested this property owner work with the property owner to the west to transfer this area to them. If this sliver is incorporated into the property to the west, the area will no longer be tucked away in a corner and would be usable space by that property owner. In doing so, the Applicant will have to adjust the boundary of the plat; Staff has included a condition of approval for this request in section VIII.A of this staff report. L. Qualified Site Amenities (UDC I1-3U): Based on the area of the proposed plat (10.41 acres), a minimum of one (1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed three (3) qualified amenities: a seating area with public art; a boulder play area; and micro-pathways. The proposed amenities exceed the minimum UDC requirements and Staff finds them appropriate for the development. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan; fencing shown next to the proposed open space and pathway lot located behind the future building lots needs to be corrected per the conditions of approval in this staff report(see Section VIII.A3)to show open-vision or semi-private fencing. Page 10 Page 241 Meridian City Council Meeting Agenda July 28,2020— Page 47 of 175 Item#10. Exhibit A N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VILE). The single-family homes are depicted as both single and two-story structures with two- car garages and a variety of finish material combinations. The homes are also shown with optional enhancements, i.e. larger garages or a different master bathroom layout. The submitted sample elevations appear to meet design requirements for single-family homes. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section VIILA per the findings in Section IX of this staff report. B. Commission: The Meridian Planning&Zoning Commission heard these items on May 28,2020.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Hethe Clark,Applicant Representative b. In opposition: None C. Commenting: Hethe Clark d. Written testimony:None e. Staff presenting application: Joseph Dodson f Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Location/layout of open space and amenities within the subject site and in relation to the adjacent subdivision to the east, Sagewood Subdivision. b. Applicant's request to modify Staff s conditions regarding changing the lot depths and adding landscaping to the northernmost common lot, Lot 11, Block 1. C. Location of the proposed common drive and its purpose also serving as an emergency access for the parcel to the west. 4. Commission change(s)to Staff recommendation: a. Modify condition 2-B to add"if NMID does not allow for landscaping within their easement." b. Modify condition 3-C to add"if NMID does not allow for landscaping within their easement." C. Delete condition 2-C since that condition has been satisfied with a revised plat. 5. Outstandingissue(s)s�(s for City Council: a. Condition 2-E has not been satisfied by the Applicant;Applicant was conditioned to convey Lot 27, Block 1 to the property owner to the west prior to City Council but has not yet done this. The Applicant intends to comply with this condition but ran out of time. C. The Meridian Citv Council heard these items on July 14,2020.At the public hearing,the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing. Page 11 Meridian City Council Meeting Agenda July 28,2020— Page 48 of 175 Item#10. Exhibit A a. In favor: Hethe Clark,Applicant Representative b. In opposition: None c. Commenting: Hethe Clark d. Written testimony:None e. Staff presenting application: Joseph Dodson £ Other Staff commentingon application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Lack of comments from West Ada School District: b. Location of open space and tune of amenities: c. _Question of whether the subject development will be an extension of the subdivision to the east. 4. City Council change(s)to Commission recommendation: a. None Page 12 Page 243 Meridian City Council Meeting Agenda July 28,2020— Page 49 of 175 Item#10. Exhibit A VII. EXHIBITS A. Annexation Legal Description and Exhibit Map Sawtooth Land Surveying, LLC ii 2030 5.Washinator Ave ID 8361 7 ?: (208)398-8 1 0/- 396-8 05 Sagewood West Subdivision Annexation Description BASIS OF BEARING for this description is South 8903442"East, between a brass carp marking the northwest corner of Section 24 and a brass cap marking the N1/4 of Section 24, both in T. 3 N., R. 1 W., B.M., City of Meridian,Ada County, Idaho. A parcel of land being a portion of the NW1/4 of the NW1/4 of Section 24,T. 3 N., R. 1 W., B.M.,City of Meridian Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of said Section 24; Thence South 89034'42"East,coincident with the centerline of W. Overland Road, 800.09 feet to the POINT OF BEGINNING; Thence continuing, South 89113442"East coincident with said centerline of W. Overland Road, a distance of 77.38 feet; Thence leaving said centerline of W. Overland Road, South 0'25'18"West, 48.00 feet to a 5/8" rebar with no cap; Thence South 57046'04"East, 532.56 feet to a 5/8"rebar with no cap on the west boundary of Sagewood Subdivision,as shown in Book 110 of Plats, Pages 15846-15847,Ada County Records; Thence South 01126'18"West, coincident with said west boundary of Sagewood Subdivision, 759.66 feet to a 5/8"rebar with no cap marking the southwest corner of said Sagewood Subdivision and an angle point in the northerly boundary of Fall Creek Meadows Subdivision No. 2, as shown in Book 115 of Plats, Pages 17180-17188,Ada County Records; Thence South 0119'18"West, coincident with said northerly boundary of Fall Creek Meadows Subdivision No. 2, a distance of 29.74 feet to a 5/8"rebar/cap PLS 11334; Thence North 77045'27"West, coincident with the northerly boundary of said Fall Creek Meadows Subdivision No. 2 and Fall Creek Meadows Subdivision No. 1, as shown in Book 114 of Plats, Pages 17036-17046,Ada County Records, 313.88 feet; Thence North 61003'23"West, coincident with said northerly boundary of Fall Creek Meadows Subdivision No. 1, a distance of 351.87 feet to a 5/8"rebar/cap PLS 11334; P:1202011 EMT11 200 1 7-1 335 W OVERLAND SUB-CG1SurveylDrawings\Descriptions1120017-Sagewood West Annexation Description.docx 1 Page 13 Page 244 Meridian City Council Meeting Agenda July 28,2020— Page 50 of 175 Item#10. Exhibit A Thence South 66110134"East, 134.28 feet to a 1/2"rebar/cap PLS 7323; Thence North 202532"West, 396.59 feet to a 1/2"rebar/cap PLS 7323; Thence North 2001'52"West, 178.11 feet to a 1/2"rebar/cap PLS 7323; Thence North 104829"West, 147.07 feet to a 1/2"rebar/cap PLS 7323; Thence North 0°35'25"West, 167.48 feet to a 5/8"rebar/cap PLS 5082; Thence North 0007'23"W., 51.00 feet to the POINT OF BEGINNING. The above described parcel contains 10.41 acres, more or less. 0 5 1157 OF POE P 1202011 EMT11 2 0 0 1 7-1 335 W OVERLAND SUB-CG\SurveylDrawingslDescriptions1120017-Sagewood West Annexation Description.docx 12 Page 14 Page 245 Meridian City Council Meeting Agenda July 28,2020— Page 51 of 175 Item#10. Exhibit A BASIS OF REARING „ ............. .. __...... ......,...,.. ..._._..gm.N42°F?656.6- __-_ FO—C" 569-3442°E I4 1T �W 77.38' W.OVERLAND ROAD i 996E �7.79' T_ �, CEAFFIO]1675]5 NO°07�"W� �50° W WS(16 COB., ry,V4WR,5MZ O;FR1091gEpp1 A 6NFF167L9516 K Fry sas7��bi-F ed ''R FLS 1323 NTS 2¢v1s7323 - j u^!1 10.47.1p— Pj I z i � uxF raR� j 11AE S64R1MG Of9FAN[F P157323 11 50°]97B"W 24.74' 11574 ' s, AxoP,�oi sm OF1VI w BEA��' I j aw NI Iy �a 2i ' yq � I P1511 �4'F I N ZT3' --~ NO GP FIR tl331 T.3 N.,R 1 W.,B,M. FAU CREEDOOR1 MEADOWS 6.PAGES9171BO-17188UBDIVISION O.2 PROJECT: OWNERIDEVELOPER: 2030 S. WASH'HINGTON AVE SAGEWOOD WEST SUBDIVISION EMMETT,ID 83617 120017-Ex ANNEXATION EXHIBIT CONGER GROUP +� P:(208)398-8104 PROJECT# MERIDIAN,IDAHO 5 �✓raoT F.(208)398-8105 120017 SHEET DATE., 312020 WWW.SAWI-OOTHLS.COM 1 OF 1 Page 15 Page 246 Meridian City Council Meeting Agenda July 28,2020— Page 52 of 175 Item#10. Exhibit A B. Preliminary Plat(fie: 4/z2,1202.0)(date: 5/27/2020) LU J oavoi�xaioraa�e ; d- 911d`SNOIlVAONNI IIAI9 NOISIAIO90S 1S3M GOOM39VS F a L as Z F-I E, 2 NUOg� j Ali "d Q --- I t 5es jmno IN w�o J IY wow OF G 3Qse ❑ :�. z a - O (} = a s e 3 9 I - -� L I� g `I v` • a e a e/ i I III — F Page 16 Page 247 Meridian City Council Meeting Agenda July 28,2020— Page 53 of 175 Item#10. Exhibit A C. Open Space Exhibit(date: 3/27/2020) •.�.� - Almamw . rww.w� aar { 4 �r a r I0f j' s �.r r 4 �� •ter ,�. Page 17 Page 248 Meridian City Council Meeting Agenda July 28,2020— Page 54 of 175 Exhibit A D. Landscape Plan(date: 4/3/2020) J�2 low W R RN! 1 1 1 HIE W9 W! Oil 1 910 lip T, Lip 1 1 imp 020 1 its ON TW,- TOP, jh Rip Doi 1 v; I ARMS 10�! 1gymm,, t U 'I I Rat opt f Ln V) LLI —7 AQ z ut LU j-- U1 Page 18 Page 249 Meridian City Council Meeting Agenda July 28,2020— Page 55 of 175 Item#10. Exhibit A xavRliuuo Aoao f. r' Y ��J fa r o ti JEM�ELYd 41% 1 r� 1 A 5 13 Z Z r 31O 1 d W LLI 0 O cu�F 4ri I tl`ils` _ a eJ s �i�✓�:� �!I I DLO 2 9 - 19 �nr.r LAN�SGAPE I b 1 "' I 'JII PLAN 4Y P_AV'PALETTE MATG INE L1 TC 111 E 112 JEInSBiRn rcl Jy BLOGN2 Illy e j' r drbT 'L. IB ?9. n In LLj h � o 5 ^ - t; k VOTE O LLI j � a 0 - IL PLANE L2 Page 19 Page 250 Meridian City Council Meeting Agenda July 28,2020— Page 56 of 175 Item#10. Exhibit A E. Conceptual Building Elevations The proposed homes are one and story homes ranging in size from approximately 1,8DO square feet to 2,2DO square feet.We are proposing 53 detached single-family homes.The proposed homes are comparable in terms of architectural design and square footage to homes i:n the immediate vicinity. The following elevations and floor plans are meant to be exarnples of what could be built in the development and are subject to change. fyRILL OPT.EXT. EAT 1a'A,b PATIO -111ny YU'e1o' DREAM rair i I , _ f `c �kl'Ia II[n nl. ------ i e, I WATCH , ' ' - C� 1F K71' i 5PLA51-1 SLEEP#2 STORE 4`oclllnp LDIJIJ 1141E r :Ftarmo�le,snkd, 'fdtEET WASH - IA' th—L1, .g8ragc. IG:ell�iq p`II116A6A L_,_._. DENISCE EP#4 10, 1' o i PARK(�CAR) 9'eelling ;ARRIVE SLEEP,'3 MAIN Page 20 Page 251 Meridian City Council Meeting Agenda July 28,2020— Page 57 of 175 Item#10. Exhibit A - I t I rk 7T, UPPER LEYEL CO'-XI sPzasr a era FLAYM7f. SLEEP 04 u..iL.• vCi•' - VFL:ST R . �Y �_ 11 �I c" GRILL rooL.:]N SLEEP A2 ]'LLD &'L'LG }y.y iCr,u 1 E EaN WATCH i9 I � O'CLG W.W ie• rs � I C1PT.M757EWli'• I OPT.BCAR i Rt1�iM CC,falVE4 i:'•:. 7ANDE'�fl - COOK UN1=WIDRARY BAATT H rc rtp v'M ss . �•.. STUDY GREET � PARK 2r" Y CiB ��I.��E� ARRIVE BRAN Page 21 Page 252 Meridian City Council Meeting Agenda July 28,2020— Page 58 of 175 Item#10. Exhibit A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VII and the provisions contained herein. b. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Direct lot access to W. Overland Road shall be prohibited. 2. Ten(10) days prior to the City Council hearing,the preliminary plat included in Section VII.C, dated 04/22/2020, shall be revised as follows: a. Add a note prohibiting direct lot access via W. Overland Road. b. If Nampa Meridian Irrigation District does not allow for landscaping within their easement Mon Lot 11,Block 1,add five feet of width shall be added on the proposed common lot along the rear of Lots 4-10, Block 1 to accommodate the required landscaping for linear open space. e.The proposed p`t",ay and eemmen lot(Lot 1rBieek 1) shall be ex endealong the aet4h betmdary of Lots 1 3,Bleek 1 in a 20 feet wide eemmen le eat d. The applicant shall provide a stub street at the west boundary(Parcel#S 1224223270). Location of the stub street shall be coordinated between ACHD,the applicant and the adjacent property owner. If the property develops with a non-residential use,an emergency access shall be provided in lieu of the stub street. e. Coordinate with the property owner to the west on the conveyance of the sliver of land located at the rear of Lot 26,Block 1 of the proposed plat. The Applicant shall adjust the boundary of the plat to reflect this change. 3. The landscape plan included in Section VII.E, dated 04/03/2020, shall be revised as follows prior to submittal of the final plat application: a. Revise landscape plan to show open vision or semiprivate fencing along the common open space and pathway located on Lot 11,Block 1; all fencing shall comply with the standards listed in UDC 11-3A-7. b. Revise landscape plan calculations table to include the linear feet of pathway and the required number of trees per the standards in UDC 11-3B-12. Page 22 Page 253 Meridian City Council Meeting Agenda July 28,2020— Page 59 of 175 Item#10. Exhibit A c Prior to the City Couneil heating,*The Applicant shall revise the landscape plan to show an additional five feet of width with landscaping on the proposed common lot(Lot 11, Block 1) along the rear of Lots 4-10, Block 1 to accommodate the required landscaping per the standards in UDC 11-3B-12 if Nampa Meridian Irrigation District does not allow for landscaping within their easement. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 6. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 1I- 6C-3D. 7. For any common driveway that serves a dual purpose(i.e. driveway/emergency access/pathway), signage shall be provided to notify residents that the common driveway is a no parking zone. 8. Prior to submittal of final plat application,the Applicant shall provide the city arborist with a tree mitigation plan and receive approval of said mitigation plan. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.2 Applicant shall adjust their sanitary sewer design to remove the mainline out of the common driveway. In this case, service lines shall be extended to the common drive lots from the mainline located in the public right-of-way. 1.3 Utility easement for possible future water main extension must be provided to property to the west via the common driveway. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 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 Page 23 Page 254 Meridian City Council Meeting Agenda July 28,2020— Page 60 of 175 Item#10. Exhibit A forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 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. Page 24 Page 255 Meridian City Council Meeting Agenda July 28,2020— Page 61 of 175 Item#10. Exhibit A 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=186859&dbid=0&repo=Meridian C i &cr=1 Page 25 Page 256 Meridian City Council Meeting Agenda July 28,2020— Page 62 of 175 Item#10. Exhibit A D. POLICE DEPARTMENT(MPD) https:Ilweblink.meridiancity.org/WebLink/Doc View.aspx?id=186743&dbid=0&repo=Meridian C Lty E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancily.org/WebLinkIDocView.aspx?id=187169&dbid=0&repo=MeridianC iu F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187164&dbid=0&repo=MeridianC Lu G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187428&dbid=0&repo=MeridianC iv H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=187579&dbid=0&repo=Meridian C iv I. COMPASS(COMMUNITY PLANNING ASSOCIATION) https:Ilweblink.meridiancity.org/WebLink/Doc View.aspx?id=188455&dbid=0&repo=MeridianC hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to R-8 and subsequent development is consistent with the Comprehensive Plan, if all provisions of the Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow for the development of single- family detached homes which will contribute to the range of housing opportunities available within the City, consistent with the Comprehensive Plan, and the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. Page 26 Page 257 Meridian City Council Meeting Agenda July 28,2020— Page 63 of 175 Item#10. Exhibit A 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 Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation is in the best interest of the City per the Analysis in Section V. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and approves of the project. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 27 Page 258 Meridian City Council Meeting Agenda July 28,2020— Page 64 of 175 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Smith Brighton, Inc. for Apex (MDA H-2020-0066) APPROVED Page 259 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Smith Brighton Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22nd day of December , 2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Smith Brighton Inc., whose address is 2929 W. Navigator, #400, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECETALS: 1.1 WHEREAS,Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code§67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted a Modification to existing Development Agreements(H-2015-0019: Brighton Investments, LLC—Inst. 42016-007072; SCS Brighton,LLC—Inst.#2016-007073;Murgoitio Limited Partnership — Inst. #2016-007074) to replace the agreements with one new agreement based on the proposed development plan; and, Rezone of 384.97 acres of land from the R-4 to the R-8(144.78+ 119.28=264.06 acres), R-15 (76.93 acres) and C-C (43.28 acres) 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 DEVELOPMENT AGREEMEN'r-APEX(H-2020-0066) PAGE i OF 8 Item#11. 1.5 WHEREAS, Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested Development Agreement Modification and Rezone of Property held before 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 25t" day of August, 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 Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, The subject property shall no longer be subject to the terms of the existing Development Agreements(H-2015-0019:Brighton Investments, LLC — Inst. #2016-007072; SCS Brighton, LLC — Inst. #2016-007073; Murgoitio Limited Partnership — Inst. #2016-007074) upon the property owner(s) entering into this new agreement. l.l 1 WHEREAS,City requires the Owner/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. DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 2 OF 8 Page 261 Item#11. 3. DEFINITIONS: For all purposes of this Agreement the following words,terns, 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 OWNERIDEVELOPER: means and refers to Smith Brighton Inc.,whose address is 2929 W. Navigator, #400, 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 rezoned 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 right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual master plan,conceptual building elevations,preliminary plat,phasing plan,landscape plan, and qualified open space exhibits included in Section VIII of the Staff Report that is attached is the Findings of Fact and Conclusions of Law attached hereto as Exhibit B and the provisions contained therein. b. Future preliminary plats shall include collector streets consistent with those shown on the Master Street Map, as required by Ada County Highway District. c. The land designated as Medium High-Density Residential (MHDR) on the Future Land Use Map in the Comprehensive Plan zoned R-15 shall develop with a variety of residential dwellings (i.e. single-family detached/attached, townhouses, condominiums,and/or apartments)at a gross density ranging from eight(8)to twelve (12)dwelling units per acre.Development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and shall DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 3 OF 8 Page 262 Item#11. incorporate connectivity with adjacent uses and area pathways,attractive landscaping and a project identity consistent with the Comprehensive Plan (see pg. 3-10). d. Prior to development of the Mixed Use—Community(MU-C)designated areas shown on the Master Plan as "future development," the Development Agreement shall be amended to include a conceptual development plan that demonstrates consistency with the general guidelines for Mixed Use developments and specifically the MU-C designation (see pgs. 3-13 and 3-15 thru 3-16). e. The rear and/or side of structures on lots that face E. Lake Hazel Rd. and S. Locust Grove Road, arterial streets, and S. Vertex Way, E. Tower St., E. Crescendo St., S. Apex Ave. and E. Via Roberto St., collector streets, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. f. Development within the Williams Pipeline easement shall comply with the Williams Developers'Handbook. g. All future development, except for single-family detached dwellings, is required to comply with the design standards listed in the Architectural Standards Manual. h. The Murgoitio property (Parcel #S 1406110110) located southwest of the E. Lake Hazel/S. Locust Grove Road intersection shall be included in a future subdivision of the surrounding property (Parcel #S 1406110350 or #S 1406110015) in order to establish a legal division of land.Or, if a parcel division was approved by Ada County for the current configuration of the property, proof of such shall be submitted to the Planning Division with a future subdivision application for the surrounding property. i. Multi-use pathways shall be provided with development as required by the Park's Department in accord with the Pathways Master Plan. j. The commercial (C-C zoned) portions of this development are allowed to obtain building permits prior to subdivision of the property. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/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 DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 4 OF 8 Page 263 Item#11. 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 time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/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 rules, 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 Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/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 policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 5 OF 8 Page 264 Item#11. I1. 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 performance is provided by Owner/Developer to the City in accordance with Paragraph 1 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 by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: 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 OWNER/DEVELOPER: Smith Brighton Inc. 2929 Navigator, #400 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 6 OF 8 Page 265 Item#11. 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/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,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 governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/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/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the 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 re-zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—APEX(H-2020-0066) PAGE 7 OF 8 Page 266 Item#11. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Smith Brighton Inc. By: Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk AMANDA MCCURRY COMMISSION#2952$ NOTARY PUBLIC; STATE OF IDAHO ) STATE OF IDAHO : ss: CRY COWMISSION EXPIRES 04/95J202.S County of Ada ) On this V d y of L W2020, before me, the undersigned, a Notary Public in and for said State, personally appeared �0 V known or identified to me to be the G 170 of Smith Brighton Inc.and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set m�garyzPubfiicfor offi 1 sat e a and year in this certificate first above written. Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this 22nd day of December , 2020, before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3_28_2022 PAGE 8 OF 8 Page 267 Item#11. CM 9233 WEST STATE STREET I BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930 August 18,2020 Apex Subdivision Project No.20-017 Legal Description Exhibit A Legal Description for Apex Subdivision A parcel of land situated in a portion of the East 1/2 of the Northwest 1/4, all of the Southeast 1/4 of Section 31 and a portion of the West 1/2 of the Southwest 1/4 of Section 32,Township 3 North, Range 1 East, B.M., all of West 1/2 of the Northwest 1/4 Section 5 and a portion of the East 1/2 of the Northeast 1/4 of Section 6,Township 2 North, Range 1 East B.M., all situated in the City of Meridian,Ada County, Idaho and being more particularly described as follows: BEGINNING at a 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 North, Range 1 East, B.M., thence following the southerly line of the East 1/2 of the Northwest 1/4 of said Section 31, S89°57'15"W a distance of 1,318.94 feet to a 5/8-inch rebar marking the Center-West 1/16 corner of said Section 31; Thence leaving said southerly line and following the westerly line of the East 1/2 of the Northwest 1/4, N00°25'36"E a distance of 1,558.66 feet to a point; Thence leaving said westerly line, N81°55'55"E a distance of 518.76 feet to a point; Thence 56.28 feet along the arc of a circular curve to the left, said curve having a radius of 58.00 feet, a delta angle of 55°35'50", a chord bearing of S20'49'52"E and a chord distance of 54.10 feet to a point; Thence S46°52'43"E a distance of 45.40 feet to a point; Thence S54'18'10"E a distance of 180.18 feet to a point; Thence 161.54 feet along the arc of a circular curve to the left, said curve having a radius of 588.00 feet, a delta angle of 15*44'26", a chord bearing of S62°10'23"E and a chord distance of 161.03 feet to a point; Thence S70°02'36"E a distance of 107.80 feet to a point; Thence S19°57'24"W a distance of 12.00 feet to a point; Thence S70°02'36"E a distance of 14.45 feet to a point; Thence S61°58'05"E a distance of 207.13 feet to a point; Thence S65°32'50"E a distance of 188.57 feet to a point on the easterly line of the Southeast 1/4 of the Northwest 1/4 said Section 31; Thence following said easterly line,S00°38'17"W a distance of 1,140.13 feet to the POINT OF BEGINNING. Said parcel contains a total of 43.744 acres, more or less. TOGETHER WITH: BEGINNING at a 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 North, Range 1 East, B.M., thence following the northerly line of the Southeast 1/4 of said Section 31, N89°57'56"E a distance of 2,601.37 feet to a brass cap marking the East 1/4 corner of said Section 31; Thence leaving said northerly line and following easterly line of the Southeast 1/4 of said Section 31, S00°32'22"E a distance of 226.26 feet to a 5/8-inch rebar on the centerline of Farr Lateral; ENGINEERS I SURVEYORS I PLANNERS Page 268 Item#11. Thence leaving said easterly line and following the centerline of said Farr Lateral the following seven (7) courses: 1. S38043'32"E a distance of 61.71 feet to a point; 2. S51'12'32"E a distance of 444.04 feet to a point; 3. S60°36'10"E a distance of 272.66 feet to a point; 4. S86°04'31"E a distance of 206.22 feet to a point; 5. S73'45'13"E a distance of 301.51 feet to a point; 6. S43'15'53"E a distance of 313.74 feet to a point; 7. S29'01'13"E a distance of 37.13 feet to a point on the easterly line of the West 1/2 of the Southwest 1/4 said Section 32; Thence leaving said centerline and following the easterly line of the West 1/2 of the Southwest 1/4 of said Section 32,S00008'25"E a distance of 206.12 feet to a 1/2-inch rebar on the easterly boundary of said Farr Lateral; Thence leaving said easterly line and following the easterly boundary of said Farr Lateral the following twelve(12)courses: 1. 22.57 feet along the arc of a circular curve to the right,said curve having a radius of 144.67 feet,a delta angle of 08'5624", a chord bearing of S56'50'40"W and a chord distance of 22.55 feet to a 1/2-inch rebar; 2. S61`18'54"W a distance of 91.61 feet to a 1/2-inch rebar; 3. 122.47 feet along the arc of a circular curve to the right,said curve having a radius of 220.00 feet, a delta angle of 31`53'39",a chord bearing of S77015'42"W and a chord distance of 120.89 feet to a 1/2-inch rebar; 4. N86047'31"W a distance of 362.95 feet to a 1/2-inch rebar; 5. S83'47'06"W a distance of 26.72 feet to a 1/2-inch rebar; 6. S69'5744"W a distance of 128.97 feet to a 1/2-inch rebar; 7. 90.89 feet along the arc of a circular curve to the left, said curve having a radius of 110.00 feet,a delta angle of 47'20'30", a chord bearing of S46°18'02"W and a chord distance of 88.33 feet to a point; 8. 64.48 feet along the arc of a circular curve to the left, said curve having a radius of 110.00 feet,a delta angle of 33035'03", a chord bearing of S05'50'15"W and chord distance of 63.56 feet to a 1/2-inch rebar; 9. S10°57'45"E a distance of 410.17 feet to a 1/2-inch rebar; 10. 114.95 feet along the arc of a circular curve to the left,said curve having a radius of 140.00 feet,a delta angle of 47002'41", a chord bearing of S34'29'08"E and a chord distance of 111.75 feet to a 1/2-inch rebar; 11. S58°00'31"E a distance of 219.85 feet to a 1/2-inch rebar; 12. S69°55'45"E a distance of 503.32 feet to a 1/2-inch rebar on the easterly line of the West 1/2 of the southwest 1/4 of said Section 32; Thence leaving said easterly boundary and following easterly line of the West 1/2 of the Southwest 1/4 of said Section 32,S00°10'02"E a distance of 431.17 feet to a 5/8-inch rebar common to Section 5,Township 2 North Range 1 East, B.M.,and Section 32,Township 3 North Range 1 East, B.M.; Thence leaving said easterly line and following the easterly line of the West 1/2 of the Northwest 1/4 of said Section 5,S00°01'43"E a distance of 2,672.88 feet to the Center-West 1/16 corner of said Section 5; PAGE Page 269 Item#11. Thence leaving said easterly line and following the southerly line of the West 1/2 of the Northwest 1/4 of said Section 5, N89°5238"W a distance of 1,329.65 feet to a brass cap common to Sections 5 and 6; Thence leaving said southerly line and following the southerly line of the East 1/2 of the Northeast 1/4 of said Section 6, N89°22'50"W a distance of 1,304.25 feet to a point; Thence leaving said southerly line, N00°43'55"W a distance of 111.26 feet to a point; Thence N00°20'23"W a distance of 549.25 feet to a point; Thence N87°34'26"W a distance of 13.49 feet to the westerly line of the East 1/2 of the Northeast 1/4 of said Section 6; Thence following the westerly line of the East 1/2 of the Northeast 1/4 of said Section 6, N00°02'06"W a distance of 66.73 feet to a point on the westerly right-of-way line of the Rawson Canal; Thence leaving said westerly line and following the westerly right-of-way line of said Rawson Canal the following nine (9)courses: 1. N78°25'55"E a distance of 161.21 feet to a point; 2. N54°55'20"E a distance of 74.17 feet to a point; 3. N31°51'12"E a distance of 92.01 feet to a point; 4. N10025'10"E a distance of 381.33 feet to a point; 5. N05°26'52"W a distance of 106.26 feet to a point; 6. N18°56'20"W a distance of 287.65 feet to a point; 7. N32°08'38"W a distance of 91.83 feet to a point; 8. N61°32'57"W a distance of 104.61 feet to a point; 9. N74059'05"W a distance of 44.02 feet to a point; Thence leaving said westerly right-of-way line, N00°02'06"W a distance of 890.79 feet to a point on the northerly line of the Northeast 1/4 of said Section 6; Thence following said northerly line, N89°42'21"W a distance of 1,370.00 feet to a 5/8-inch rebar common to Section 6,Township 2 North Range 1 East, B.M.,and Section 31,Township 3 North Range 1 East,B.M.; Thence leaving said northerly line and following the westerly line of the Southeast 1/4 of said Section 31, N00°16'52"E a distance of 1,342.44 feet to a 5/8-inch rebar marking the Center-South 1/16 corner of said Section 31; Thence N00°16'52"E a distance of 1,342.44 feet to the POINT OF BEGINNING. Said parcel contains a total of 366.194 acres, more or less. Said description contains a total of 409.938 acres, more or less. a 12459 0 0 F Z�Aq N L, BALD' PAGE 13 page 270 Item#11. 518.76 : 11W55'55"e s ss4o 8pI8 IBIp. c 7 8 Ip 20 s6�s�13 80S„ e s6S3/ 8s7 Z fpe D �O O M 0 vl N � O-. O C 3 � M pp O M d' O O ~ N s89°57'15"w 1318.94 Title: Apex Subdivision Date: 08-17-2020 Scale: 1 inch=300 feet File: 200817 Apex Subdivision Legal 20-017 Tract 1: 43.744 Acres: 1905504 Sq Feet:Closure=s57.2522w 0.01 Feet: Precision=1/627918: Perimeter=5510 Feet 001=s89.5715w 1318.94 006=s54.1810e 180.18 011=s61.5805e 207.13 002=100.2536e 1558.66 s�6z 1 23e,,CChd=16103�26 012=s65.3250e 188.57 003=181.5555e 518.76 008=s70.0236e 107.80 013=s00.3817w 1140.13 004:Lt,R=58.00,Delta=55.3550 009=s 19.5724w 12.00 Bng—s20.4952e,Chd=54.10 005=s46.5243e 45.40 010=s70.O236e 14.45 Page 271 Item#11. 2601.37 n89°57'56"e � 9 7 N N � S 0 6 M p 7 G 8 14 R N 7 Y) N b o SO3.3 ^, p s69°SS4S e n89°42'21"w 1370.00 0 0 0o o O N O 38 M 00 V� -�N O l_ o %p O N N t �ry �O fn y E n89°22'50"w n89°52'38"w 1304.25 1329.65 Title: Apex Subdivision Date: 08-18-2020 Scale: 1 inch= 1000 feet File:200817 Apex Subdivision Legal 20-017 Tract 1: 366.194 Acres: 15951396 Sq Feet:Closure=s50.3758e 0.02 Feet: Precision>1/999999: Perimeter=19597 Feet 001=n89.5756e 2601.37 016=s69.5744w 128.97 031=n78.2555e 161.21 017:Lt,R=110.00 Delta�7.2030 032=n54.5520e 74.17 002=s00.3222e 226.26 Bn -s46.1802w,Nd=88.33 003=s38.4332e 61.71 B��-so 5015�Nd�3563503 033=n31.5112e 92.01 004=s51.1232e 444.04 0 1 9=s 1 0.5745e 410.17 034=n10.2510e 381.33 005=s60.3610e 272.66 Bn�s34.2908e,0Ch O 1�So241 035=n05.2652w 106.26 006=s86.0431e 206.22 021=s58.003le 219.85 036=n18.5620w 287.65 007=s73.4513e 301.51 022=s69.5545e 503.32 037=n32.0838w 91.83 008=s43.1553e 313.74 023=s00.1002e 431.17 038=n61.3257w 104.61 009=s29.0113e 37.13 024=s00.0143e 2672.88 039=n74.5905w 44.02 010=s00.0825e 206.12 025=n89.5238w 1329.65 040=n00.0206w 890.79 °Bns�`6 7de M5.5624 026=n89.2250w 1304.25 041=n89.4221w 1370.00 012=s61.1854w 91.61 027=n00.4355w 111.26 042=n00.1652e 1342.44 013:Rtt,R�20.00 Delta 31.5339 028=n00.2023w 549.25 043=n00.1652e 1342.44 Bng=s777.1542w,C�hd=120.89 0 14=n86.473 1 w 362.95 029=n87.3426w 13.49 0 1 5=s83.4706w 26.72 030=n00.0206w 66.73 Page 272 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW �: E IDIAN AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreements(H-2015- 0019: Brighton Investments, LLC—Inst.#2016-007072; SCS Brighton, LLC—Inst.#2016-007073; Murgoitio Limited Partnership—Inst.#2016-007074)to Replace the Agreements with One New Agreement Based on the Proposed Development Plan; Rezone of 384.97 acres of Land from the R-4 to the R-8(144.78+ 119.28=264.06 acres), R-15(76.93 acres)and C-C (43.28 acres) Zoning Districts; Preliminary Plat Consisting of 120 Residential Buildable Lots, 1 I Commercial Buildable Lots and 14 Common Lots on 41.75 Acres of Land in the C-C and R-15 Zoning Districts; and Preliminary Plat Consisting of 237 Residential Buildable Lots,2 Commercial Buildable Lots,30 Common Lots and 10 Other(Shared Driveway)Lots on 81.63 Acres of Land in the C-C and R-8 Zoning Districts, by Brighton, Murgoitio,et al. Case Nosy. H-2020-0056; H-2020-0056; H-2020-0057 For the City Council Hearing Date of: August 11,2020(Findings on August 25,2 02 0) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 11, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 11,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 11, 2020,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 11.2020,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 comments)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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION R.ORDER FOR APEX-MDA, RZ H-2020-0066,NORTHWEST-PP 11-2020-0056:SOUTHEAST-PP H-2020-0057 - I Page 273 Item#11. 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 August 11,2020,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the existing Development Agreements, Rezone and Preliminary Plats is hereby approved per the provisions in the Staff Report for the hearing date of August 11,2020,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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6E-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057 -2- Page 274 Item#11. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing,and must be fled 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 August 11,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057 -3- Page 275 Item#4. By action of the City Council at its regular meeting held on the 25th day of August 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: 8-25-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX—MDA,RZ H-2020-0066;NORTHWEST—PP H-2020-0056;SOUTHEAST—PP H-2020-0057 -4 Page 103 Item#11. EXHIBIT A STAFF REPORT E IDIAIT --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/11/2020 Legend `jam DATE: s P,�eca LccaSon F TO: Mayor&City Council _ — A FROM: Sonya Allen, Associate Planner 7- SUBJECT: H-2020-0066 Apex-MDA,A-Z-, RZ _ H-2020-0056 Apex Northwest-PP - H-2020-0057 Apex Southeast-PP - _ I� (to be marketed as "Pinnacle's LOCATION: MDA,AZ-,RZ: generally located east of S. Meridian Rd, and north of E, ' --- Columbia Rd., in Sections 31 (S. '/z and --- , NW '/a)and 32(SW ''/4),Township 3N., r Range I.E. and Sections 5 (NW `1/4)and 6 (NE '/4),T.2N.,R.IE. PP(NW): NWC of S. Locust Grove Rd. &E. Lake Hazel Rd.,in the SE '/4 of Section 31,T.3N., R.1 E PP(SE): SEC of S. Locust Grove Rd. & E. Lake Hazel Rd.,in the NW '/4 of Section 5,T.2N.,R.1 E. I. PROJECT DESCRIPTION Modification to existing Development Agreements (H-2015-0019: Brighton Investments, LLC-Inst. #2016- 007072; SCS Brighton, LLC-Inst. #2016-007073; Murgoitio Limited Partnership-Inst. #201 d-007074)to replace the agreements with one new agreement based on the proposed development plan; AfineiEatiefi of n 0.09 acres of land with an R 2 zoning distriet;and, Rezone of 384,97 acres of land from the R-4 to the D 2 "+e-}R-8 (144.78} 119.28=264-06 acres), R-15 (76.93 acres) and C-C(43.28 acres)zoning districts. Apex Northwest(NW): Preliminary Plat consisting of 120 residential buildable lots, 11 commercial buildable lots and 14 common lots on 41.75 acres of land in the C-C and R-15 zoning districts. Apex Southeast(SE): Preliminary Plat consisting of 237 residential buildable lots, 2 commercial buildable lots, 30 common lots and 10 other(shared driveway) lots on 81.63 acres of land in the C-C and R-8 zoning districts. Because right-af way for E. Lake Hazel Rd. and S. Locust Grove Rd, separates the land proposed to be platted, two separate pre hminary plat applications are required to subdivide the property. - Pagel - Page 277 Item#11. II. 5 UM MARY OF REPORT A. Project Summary Description Details Page Acreage """�Q9-(AZ) 384.97(RZ);41.75 (PP-Northwest);81.63(PP-Southeast) Existing/Proposed Zoning RUT in Ada Countv(existing). R-4[Medium Low-Density Residential) Future Land Use Designation , Medium Density Residential(MDR—3 to 8 units/acre)(206l-acres); Medium High-Density Residential(21+/-acres); &Mixed Use — Community(MU-C)(120+1-acres) Existing Land Usc(s) Agricultural Proposed Land Use(s) Single-family residential(SFR)attached/detached,commercial,office,2 schools(elementary&charter) Lots(#and type:bldg./common) NW: 120 residential buildablell l corrunercial buildablell4 common SE:237 residential buildable/2 commercial buildable130 common/10 other NW& SE Combined:357 SFR residential buildable: 13 commercial buildable:44 common lots;and 10 other lots for shared driveways Phasing Plan(#of phases) 3(NW); 5('SE) Number of Residential Unils(type NW: 120 units(88 detachedl32 attached) of units) SE:237 units(detached) NW& SE Combined:325 detached&88 attached Density(gross& net) NW: 5.62 units/acre(gross), 11.21 unitslacre(net) SE: 3.75 units/acre(gross); 6.17 units/acre(net) NW&SE(overall):4.22 units/acre(gross); 7.27 units/acre(net) Open Space(acres,total NW: 6.33 acres(15.179fo) [%]IbufferlqualiFed) SE: 10.79 acres(13.220") NW& SF Combined: 17.12 acres(or 13.88%) Amenities NW: Community center with a clubhouse,community post office,cafe, library/business,center;community amphitheater:additional common open space above the minimum required. SE: Community swimming pool.tot lot with play equipment,pathway access to the City's Discovery Park.additional common open space above the minimum required. Physical Features(waterways, Tic Farr Lateral runs along the north and east boundaries of this site;the hazards, flood plain,hillside) McBirney Lateral crosses the site cast/west; and another waterway runs north/south through the site. Neighborhood meeting date;#of 215120;29 attendees attendees: History(previous approvals) ROS#7394;ROS#7783;H-2015-0019—South Meridian AZ(DA's: Brighton investments,LLC—Inst. #2016-007072;SCS Brighton,LLC— Inst.#2016-007073;and Murgoitio Limited Partnership—Inst. #2016- 007074) B. Community Metrics Deseri tion Details Page Ada County Highway District • Staff report(yes/no) Yes(PP,draft),Yes(AZ. RZ) e Requires ACH❑ Yes(TBD) Commission.Action ( eslno) Traffic Impact Study(yes/no) Yes Page 2 Page 278 Item#11. Descri tion Details I Page Access NW: 2 accesses via S. Locust Grove Rd- &2 accesses via E. Lake Hazel Rd...moth (Arterial/Collectors/State existing arterial streets;and 2 collector streets are proposed Hwy/Local)(Existing and SE.2 accesses via E. Lake Hazel Rd.&3 accesses via S. Locust Grove Rd., both Proposed) existing arterial streets;and 3 collector streets are proposed Traffic Level of Service Better than"D"(Acceptable level of service is"E")—Lake Hazel, Locust Grove & Amity Roads Stub Two stub streets are proposed to this site from Prevail Subdivision near the StreetlintereonnectivirylCross northwest corner of the rezone area;no other stub streets exist to this site. Access Stub streets are proposed to adjacent properties for interconnectivity as shown on the preliminary plats. Existing Road Network There are no existing streets within the site,only S.Meridian Rd.ISH-69,E. Lake Hazel Rd.and S. Locust Grave Rd.adjacent to the site Existing Arterial Sidewalks 1 There are no existing sidewalks or buffers along Meridian Rd.ISIi-fig,Lake Hazel, Buffers or Locust Grove Roads. Proposed Road Capital Improvements Plan(CIPk Integrated Flue Year work Plan(IFYWPI: Improvements . Ea!$i Ruai IS sdif-duffed ir+th,=II-YWP Iu Lke x t?,o4d to`_••1su135 horn Ltm- Hoi:tl ReJJ Irl Amery Road in 2023 • EaO&Road IS s[isDaolod uh Irwe IIFYWP In W wli%ned to 5-k1naS from AnW-v ROaa]a vxllwy Road in 2021 • Laks hazel Road is schudU ed in Ire IFY44P to tie wrir_med to 54wnus from Eagle Road tv Claverctale RDM In 2024 • Lake Hares Road IS schodt god in tha IFYWP to be mdoiled to 54antn tram Clovef"a nova tr,Five%W Roan • TN- irltelsection of Lake I4azet Rood acid Eat* 04itid Is scheduled as Hui IFYVeP to Ixa wlderrerl to 54anes on the north tog,a-lanes on use.,"Ah leg,1lanes on tha west leg and 4- rane5 on the east leg and signalized In 2023 • The inlefTertlnn of Locust Grovr?Road and VKtory Ronrl n scheduled in the WyWP to be COnstructod aS a moth-land rowdabour with 4-larles on Ou norm and Soum 190s rind 24anas on tfle east aid west legs in 2 021 • Lake,rla=el Road Is bsted in the CIP to be wKWned to 3-lanes from Locusl Groo Road 10 Eagle Road between 7t3:6 and 2C1313 • 114aka Hazel Road Is Woo to Ilia CIP to be widened to 34anes tram fouWian Roof iSH-59)to LvrUtJ Gtuve Road Oatwevan 2026 and 2030 • ,sanity Road Is Wed to the CUP to be widened to 54enes ham Locust Grove flood to Eaaglo Rr ad Netween 202:r arty!203R • The int9rsectim of Lake Hazel Road and Llxkm Grave Row cs listed in the CIP to m recunsttucted as a singlo lone ruundabout mclaned to 3aorlesoil the norus fey 2•lanes on file south 24ams.east,aN 34atws rnt the west lew7 with a wnlbouM thypass right Wra bypass lane between 202f;and"V • The lFilers action of Lake Hazel Rood end S"Is listed m the CIP to be wldenad to 7sanes on the north.stwth west and east lags and signalilad between 20.243 anel 20110 • The intan tion qt 1-miist Grove Road and Amway Rood rs hied in the CIP to wiaenea to-!- lakes an Me mitts leg, I-lan[5 on the south leg,7-lanes an mo west frog and 64a►ms on thM east+eg ana 8wgnahmd between 202ft and 203u Additional right-of-way is required to be dedicated for the future expansion of Lake Hazel& Locust Grove Roads with pavement widened to 17'from centerline Fire Service Distance to Fire Station NW-3.3 miles to Fire Station 44 SE-11 miles to Fire Station#4 e Fire Response Time NW&SE-only a small portion falls within 5 minute response time goal • Resource Reliability NW& SE-78%-does not meet target goal of 80%or greater ■ Risk Identification NW&SE-1 and 4,current resources would not be adequate to supply service to this project ■ Accessibility NW&SE-Project meets all required access,road widths and turnarounds iJ phasing plan is followed Page 3 Page 279 Item#11. Description Details Page o Special/resource needs NW& SE-Project will require an aerial device:response time is 9 minutes travel time(under ideal conditions) can meet this need in the required timefiame if needed • Water Supply NW& SE-Requires 1.500 gallons per minute for 2 hours,may be less if buildings are fully sprinklered • Other Resources Police Service • .Distance to Police 4.5 miles Station • Police Response Time Average response time in the City is just under 4 minutes—there isn't enough public initiated call data to determine an average response time for this area(goal is 3-5 ininutes) • Calls for Service 71 (within a mile of site between 3/15/2019-3114I2020) • Accessibility No concerns • Specialty/resource needs No additional resources are required at this time. • Crimes 10(within a mile of site between 3/15/2019-3/14/2020) • Crashes 39(within a mile of site between 3/15/2019-3/14/2020) • Other The M P D can provide service if this development is approved as they already serve this area. West Ada School District • Distance(elcm,ins,hs) ■ Capacity of Schools ant raPEJr Mil . #of Students Enrolled Mary MrAerson 13Em•ntary— 555 550 2.0 Siena Elementwv— 677 iov U Victory Middle Schaal so 100D 4.2 Mounuln WawH44h school U10 21.4 1.3 N,rww 0tv JWJI whnnl yrar Mrry Mc 111--twit Hudrnt vpuc ltV 0411 nr raafr to Ws.dor 10 Uir ownenr rl mfaroom iapaRslc�ri uR�PnYay " ••`Ci�ruiln�nt�1 FlNydalr[srn•ant�ry•i cu•tr:tltrr CYyled 3tuJentS Kt tilt¢dauelap�riSn[tint Artl In 1►1r Hlhyda�e Goundary w.11 tot AtIrnding Sirnc iiernonoAry umul Al nrw&Cl4rn1!k R4+AR ld e4Minatl'&WetrItAW10t/At 1114WA.W • #of Studcnts Anticipated F��— from this Development Wastewater ■ Distance to Sewer Directly adjacent Services • Sewer Stied South Black Cat Trunk-Stied • Estimated Project.Sewer See application ERLI's . WRRF Declining 13,95 Balance • Project Consistent with Yes WW Master Plan/Facility Plan ■ Impacts/Concerns Flow has been committed Water • Distance to Water Directly adjacent Services • Pressure Zone • Estimated Project Water See application ERU's Page 4 Page 280 Item#11. ■ Water Quality None • Project Consistent with Yes Water Master Plan • Impacts/Concerns Public Work's preference is to see all water utilities in the public right-of-way (ROW),where they can easily be operated and maintained. If the utilities truly cannot be installed in the public right-of-way,then our preference would be for utilities to be located in a dedicated and improved alley. If that cannot be accomplished,the applicant should work with Public Works for further solutions C. Project Area Maps Future Land Use Map Aerial Map Legend iu 0 legend 0 10 n'�ily E MU R De s _ IV Residential Zoning Map Planned Development Map RV1 � Legend R-8 RUT Legend - II nu I- r^R. C--y L'.rn- I-L R� R ` RJi +—P�nr+ed Forces f ' T - -- R Y R;2 '--- �- - RU 1. -g �R•$; ,RUT RUT, RUT SIR-8 - R_4 IR-2 { ;5 Rej{ f �--� RUT Lid. RU, RUT , --- - Page 5 Page 281 Item#11. Ill. APPLICANT INFORMATION A. Applicant: Brighton,Murgoitio,et al —2929 W. Navigator#400, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Michael D. Wardle, Brighton Corporation—2929 W.Navigator 9400,Meridian, ID 93642 IV. NOTICING Planning R Zoning City Council Posting Date Posting Date Notification published in 611 912020 7/24/2020 newspaper Notification mailed to property owners within 300 feet b1I b12U20 7/21/2020 Applicant posted public liearing 6/26/2020 7/29/2020 notice on site Nextdoor posting 6/16/2020 7/21/2020 V. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates approximately ,206+1-acres as Medium Density Residential (MDR); 21+1-acres as Medium High-Density Residential(MHDR),and 120+1-acres as Mixed Use—Community(MU-C). A future school site and City Park is designated in the general area northwest of the Locust Grove/Lake Hazel intersection,north of the MU-C designated area. Another school site is designated on the east side of N. Locust Grove Rd.,not of Lake Hazel Rd.,just north of the subject rezone area. urban pr-opefties. Developments need to Pespeet agFieUltUFal her4age and resommes,rteeegnize view sheds and Open dengities ef 4 dwelling units or-less per aer-e. These areas aAeR tFansitieft be�ween existing iz-aFal fesidewial and and other appropriate niefflvis sh,_Uld enhance the character of the area. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The MHDR designation allows for a mix of dwelling types including townhouses,condominiu ns, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre.These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use conunercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adiacent uses and area pathways, attractive landscaping and a project identity, The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are searnlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas Page 6 Page 282 Item#11. have a tendency to be larger than in Mixed Use—Neighborhood(MU-N)areas,but not as large as in Mixed Use—Regional(MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3C in the Comprehensive Plan(see pg.3-16). In reviewing development applications, the items noted an Pgs. 3-13, 3-15 and 3-16 will be considered(see analysis below). Transportation: ACHD's Master Street Map(MSM)depicts an east/west residential collector street at the half mile between Amity and Lake Hazel Roads; a north/south industrial collector at the half mile between Meridian and Locust Grove Roads north of the half mile between Amity and Lake Hazel Roads, which transitions to a residential collector to the south to Lake Hazel Rd.; a commercial collector around the MU-C designated area at the Locust Grove/Lake Hazel intersection (see dashed lines on map below), and a residential collector along the southern boundary of Apex Southeast.A dual lane roundabout is planned at the Locust Grove/Lake Hazel Rd. intersection.Note: Because a residential collector seems to be more appropriate than an industrial collector street designation in this area,ACHD has included a change to the,street classification in the MSM update currently in process. The proposed preliminary plats depict collector streets consistent with the MSM(i.e. E. Crescendo St. & S. Apex Ave. in Apex Northwest; and E. Tower St., S.Vertex Way and E.Via Roberto St. in Apex Southeast). The proposed Master Plan included in Section VIR.A,depicts conceptual street locations in the annexation/rezone area;future preliminary plats should provide collector streets in accord with the MSM as required by ACHD. > � k T �► r-, a � a a � a � r i - 7 i Proposed Development: The Applicant proposes to develop the 41.75 acre property at the northwest corner of Locust Grove and Lake Hazel Roads in the MDR& MU-C designated areas with 120 single-family residential units consisting of 32 attached units and 88 detached units,a future public elementary school,and neighborhood-scale commercial uses as allowed in the C-C zoning district.The 81.63 acre property located at the southeast corner of Locust Grove and Lake Hazel Roads in the MDR and MU-C designated areas is Page 7 Page 283 Item#11. proposed to develop with 237 single-family residential detached units,a charter school, and commercial uses as allowed in the C-C zoning district. A City Park is not required to be provided with this development due to the proximity of Discovery Park at the project's southeast boundary; however,the Park's Dept. would be willing to discuss the potential for a partnership if desired by the Applicant. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) A mix of s2rigle_family attached and detached units(alley-loaded)are proposed in Ape-r Northwest;only single farniN detached units (front and alley-lauded) are proposed in Apex Southeast. + "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) Citi,water and sewer service is available and can he extended by the developer with development in accord with UDC 11-3A-21. + "Avoid the concentration of any one housing type or lot size in any geographical area: provide for diverse housing types throughout the City."(2.01.01 G) A mix ofsingle.Ibmily attached and detached units (alley-loaded)are proposed in Apex Northwest; only single,familtr detached units (li-unt-and allei-loaded)are proposed in Apex Southeast. + "Encourage compatible uses and site design to minimize conflicts and maximize use of land (3.07.00) The proposed residential uses should be compatible with existing rural residentiallagricultural rises in the area. The proposed design of the commercial and residential areas with.streets separating the uses should minimize conflicts. ■ "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01A) Internal pedestrian pathways are proposed through common areas for interconnectivity as well as to the City Park opt the east side a/'Apex Southeast and to perimeter sidewalks. Segments of the Cite:s multi-use perthway sistem are required in accord i vith the Pathways Master Plan (see Park's Dept. comments in Section IX E). Detached sidewalks are proposed along the arterial and collector,streets for sq/e pedestrian access. Usable open space and qualitl,amenities are proposed(see detailed analysis below in Section FIB). + "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development,"(3.03.03A) The proposed development will connect to City water and server systems;services are required to be provided to and though this development in accord with current City plans. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities_"(3.03.03G) Urban sewer and water iglf astructure and curb, gutter and sidewalks is required to be provided with development as proposed with the prelirninary plats. Page 8 Page 284 Item#11. ■ "Encourage the development of high duality,dense residential and mixed use areas near in and.around Downtown, near employment, large shopping centers, public open spaces and parks,and along major transportation corridors, as shown on the Future Land Use Map."(2.02.01 E) Lake Hazel Rd lies between the proposed preliminary plats and is classified cis a residential mobility arterial that is planned to be a major transportation corridor. A Cite Park(Discovery Park)abuts the east side of'the proposed Apex Southeast.subdivision. A11 four cornets of the Lake Hazel/Locust Grove intersection are designated fir mixed use (MU C)development. Development in this area should be high quality and more densely populated at a minimunt of 6 unitslacre its the NMI--C designated area. The gross density of Apex Southeast is only 3.75 units per acre while the density of Apex North vest is 5.62 units per acre. Staff encourages a higher density due to the location of this site adjacent to a major transportation corridor and City Park. This could be attained through the inclusion of more dense housing types such as more singlefamily attached units, townhome units andlor multi family apartments • "Ensure development provides safe routes and access to schools. parks, and other community gathering- places."(2.02.01 G) Detached.sidewalks and pathways ate proposed throughout the proposed subdivisions fit sc fe pedestrian access to the future school sites, the City Park and neighborhood comtnercial/ofce uses. • "Where feasible,encourage large transmission and pipeline utility corridors to function as transitional buffers,parkland,pathways,and gathering spaces within and adjacent to their right of way." (3.07.01 E) A 75 foot wide easement far the Williams Northwest Gas Pipeline crosses this.site and is depicted on the Master Plan and preliminary plats as grassy open space area containing a multi-itse pathway. No structures are allowed within this easement. ■ "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid- mile location within the Area of City Impact."(6.01,03S) Collector streets are proposed on the preliminary plats in accord with the MSM; collector streets will be required to be provided with,future preliminary plats in accord with the MSM as required by ACHD. In reviewing development applications,the following items will be considered in all Mixed Use areas, per the Comprehensive Plan (pg.3-13): (Stcrff's anahsis in italics) • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed development includes four(4)different land use types-residential(single-family), civic (i.e. amphitheater and commun it)-center), commercial and office. ■ "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20126, SH-55, SH-16 or SH-69." Although a small portion of'land proposed to he annexed with this application fronts on SH-691S. Meridian Rd., it is not proposed to redevelop with this application and is designated,fir LDR uses. ■ "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed Use designation." R Master Plan is proposed with the rezone request for the portion of the property,surrounding the Lake ffazeAocust Grove intersection designated as MU-C(see Section VI11,A). A Development Agreement Page 9 - Page 285 Item#11. is required as a provision of'the rezone to ensure future development is consistent with the MU-C FL UM designation. • In developments where multiple commercial and/or office buildings are proposed, the buildings sliould be arranged to create some form of common,usable area,such as a plaza or green space." The Master Plan,for-Apex Northwest depicts a conrrnurrih,center Kith a plaza and amphitheater in the commercial portion of the development. The Master Plan for the commercial portion of'Apex Southeast nearest the intersection doesn't include a develcipnrent plan—the future platy should include some fortn of common, usable area such as a plazza or green space as desired as.should other future com►nerciallq face areas in MU-C designated areas where future development is unknown at this time. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." There are no existing residential rises adjacent to proposed commercial development; therefore, transitional uses and lrrrffering area't applicable. • "Community-serving facilities such as hospitals,clinics, churches,schools,parks,daycares, civic buildings,or public safety facilities are expected in larger mixed-use developments." 4 public school is planned in Apex Northwest and a charter school is planned in Apex Southeast per the Master Plan in accord with the FLUM which depicts trvo school sites in this general area.A community tenter and amphitheater is proposed in the commercial portion of Apex lltorthwest. A 27-acre On,Park (Discovery Park)abuts the east side gfApex Southeast.A linear open.space is pla►:ned where the Williams Northwest Gas Pipeline easement is located, • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas, open space, libraries,and schools are expected;outdoor seating areas at restaurants do not count." An outdoor amphitheater, community center with ca plaza and charter school is proposed in this development in the MU--C designated area. Discovery Park, a 27-acre regional City park, exists to the east ofAper Southeast and includes picnic shelters,pathways, open play areas,play slruchrres, a splash pad, an r ff'leash dog park and ballfields. • "Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development acid further placemaking opportunities considered." The public/quasi public areas (i.e. conimunity center and amphitheater)proposed in this development are centrally located within the mixed use designated area in Apex Northwest.Discovery Park abuts Apex Southeast and offers a wide varieot of activities-for area residents. • "AlI mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed mixed use developments will be directly accessible to adjacent neighborhoods within the section through extension of streets and internal pedestrian pathways. • "Alleys and roadways should be used to transition fi-om dissimilar land uses, and between residential densities and housing types." Roadways are proposed as a transition between residential and commercial laird uses in both of the proposed subdivisions; and alleys, roadiva'vs and common areas are proposed between residential housing types and densities as desired. Page 10 Page 286 Item#11. ■ "Because of the parcel configuration within Old Town,development is not subject to the Mixed Use standards listed herein." 77ie subject property is not located in Old Town, therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-C areas, per the Comprehensive Plan (pgs.3-15 thru 3-16): • "Developments should comply with the general guidelines for development in all Mixed Use areas." See analtsis above. • "All developments should have a mix of at least three land use types." The proposed development has a mix ofresidential, corninercial, office and civic uses as desired. • "Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from b to 15 units/acre." Residential uses should comprise a miniinuin of'20%of the overall MU-C designated area at a minimum density of 6 unitslacre. Prior to development of the future development"areas on the A,faster Plan, a conceptual development plan should be submitted to ensure compliance. ■ "Non-residential buildings should be proportional to and blend in with adjacent residential Buildings." The design, color, construction materials and height af'non-residential huildings should be proportional to and blend with adjacent residential huildings as desired. • "Vertically integrated stnactures are encouraged." No verticalh,integrated structures are proposed at this time but are encouraged to be included. • "Unless a structure contains a mix of both residential and office,or residential and commercial land uses, a maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores,the maximum building size should be Iirnited to a 30,000 square-foot building footprint. For community grocery stores,the maximum building size should be limited to a 60,000 square-foot building footprint. For the development of public school sites,the maximum building size does not apply." The building.footprints shown on the Master Plan dry not exceed 30,000 square feet;f iaure development should be consistent with this guideline. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas,outdoor gathering areas,open space, libraries,and schools that comprise a minimum of 5%of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement." A communiti,center with a plaza area and amphitheater are proposed in,Apex Northtivest adjacent to ser�u.ce commercial and office uses: a charter school is proposed in Apex Southeast. These types of spaces and places and uses should be provided in all of the MU-C designated areas in accord with this guideline.Linear open space containing a multi-t.tse pathwa-v is proposed where the Williams Northwest Gas Pipeline easement is located. • Where the development proposes public and quasi-public uses to support the development above the minimum 5%,the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint." Although this is an option, the developer is not requesting an increase in density or in the naaximuni building,footprint allowed. Stgff believer the proposed development plan is generally consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation. Page i 1 Page 287 Item#11. VI. UNIFIED DEVELOPMENT CODE ANALYSIS (I D _Z A. Development Agreement Modification(MDA): The Applicant proposes to modify the existing Development Agreements (H=2015-001 q: Brighton Investments, LLC— Inst. #2016-007072; SCS Brighton, LLC— Inst.#2016-007073; Murgoiti❑ Limited Partnership—Inst. #2016-007074) for this property in order to replace the agreements with one new agreement based on the proposed Master Plan(See Section VIII.A). The existing Development Agreements(DA's)were required with the South Meridian Annexation application in 2015. Because that application was initiated by the City, no development was proposed at that time. A "placeholder"zoning of R-4 was assigned to all of the properties with the requirement that any future development would require an amendment to the DA's to approve any proposed development plan. Existing allowed uses in the County pertaining to the raising or maintaining of livestock and agricultural operations; an exemption to MCC 6-3-10, Firearms, Dischargeable Instruments: and existing agreements for the collection of solid waste were allowed to remain and continue until such time as the properties redeveloped in the future. With the proposed development, these uses are required to cease. The existing DA's require any property or easements needed by the City to provide any sewer or water infrastructure needed in furtherance of the agreement to be provided by the Owner at no cost to the City for the intent of providing for the advancement of sewer and water infrastructure for the benefit of the property,the City and adjacent properties for water mains, sewer mains and trunk lines. Because all of the water and sewer infrastructure commitments have been met and have been constructed, these provisions do not need to be carried over to the new DA. Staff recommends the proposed Master Plan is included in the new DA along with the provisions for future development listed in Section IX.A.I to ensure compliance with the MU-C FLi1.M designation. dwellings,Amiemati 811 e f Let 4. Week 1 a f Shaf�r-View Estates Subdivisiati eon sisting of 4 0.09 aer-es of land is proposed with an R 2 goning distriet eonsistent%rith the asseeiated FLUN4 designation of:LDR. This lot ly deed r-es;r-ieted a5 pai:t e�a iien 44-m development in the County and was wily allowed to be-� pace for a peri od o f not less than 1--'-) years ffom the rec-or-ding date o f!he plat-; b ecause the plat was recorded in 2002,this-res.�..etion has since expired, Ne deN,elap ied at this time. Aiinereation is requested because the easteF4), 10 aer-es of the lot is needed�ff sewer-and-Le-AeSs*A- t4ie pr-aposed development.; tile F-emaifider 0�the pmpe , i . , - ased to !he R -2 zoning distriet. The Developer plans to develop the propel-ty between!he co 1 leeter stfeet and the Prior-to annexation of the proper-ty, a lot division should he approved by Ada County in order fo The annexation area is within the Afea of City impact Boundary (AOCI). A legal description fof!!he The City may r-equire a development agreement (DA) in eenj�metien with an a suati!to 1dah-9 parks,mi nor public uti liti es and c ertain wireless coramun i cation faci lities as pfiflCipal Peffflitted LiSeS, Staff. ti ter. Page 1? Page 288 Item#11. C. Rezone(RZ): A rezone of 384.97 acres of land from the R-4 to the n ""' 70 ae.tl,. R-8 (144.78+ 119.28=264.06 acres), R-15 (76.93 acres)and C-C (43.28 acres)zoning districts is proposed. area on the west side of the fiiiufe collector street depieted on the Master Plan. Because!his annexed wiIh R 2 zoning, Staff recommends the adjaeent LDR des' A for the area pfoposed to publie hearing with a land develepinen!applieatiBH (see pe. 3 9). NE)develepffleHt is p; ;iiiue. =;rU;;C T- e-1 1 2.- I he a!lowed uses 1iste4 in UOG Table 11--2 i. The areas proposed to be rezoned to R-8 consisting of total of264,06 acres are primarily designated on the FLUM as MDR but some of the area is within the MU-C designated area.The Master Plan does not depict a conceptual development plan for much of the R-8 zoned area except for that to the south of the C- C zoned area in Apex Southeast where single-family detached homes are proposed at a gross density of 3.75 units/acre. Because this area is in close proximity to a major transportationlmobility corridor (E. Lake Hazel Rd.) and a City Park, a higher density in this area is encouraged. The 76.93 acre areas proposed to be rezoned to R-15 lie within areas designated as MDR, MHDR and MU-C on the FLUM. The Master Plan does not include a conceptual development plan for the portion in the MHDR designated area. To ensure future development occurs consistent with the guidelines in the Comprehensive Plan for MHDR designated areas,Staff recommends a DA provision requiring future development to incorporate high quality, architectural design and materials and thoughtful site design to ensure quality of place; an alternative housing type such as townhomes and/or multi- family is recommended. Connectivity with adjacent uses and area pathways,attractive landscaping and project identity should also be provided.The majority of the remainder of the R-15 area is designated MU-C with a small portion designated MDR. Alley-loaded single-family attached and detached homes are depicted on the Master Plan in the MDR and MU-C designated areas included in the Apex Northwest plat at the northwest corner of Locust Grove/Lake Hazel Roads in accord with the Comprehensive Plan. A concept development plan is not proposed for the remainder of the area proposed to be zoned R-15 north of the commercial area in Apex Northwest, on the south side of Lake Hazel and on the east side of Locust Grove in the MU-C designated area. To ensure these areas develop consistent with the general Mixed Use and MU-C guidelines in the Comprehensive Plan,Stag recommends the DA is amended prior to development of these areas to include a conceptual development plan. Future development should comply with the dimensional standards of the R-I5 district listed in UDC Table 11- 2A-7, the allowed uses for the R-15 district listed in UDC Table 11-2A-2,and the general guidelines for Mixed Use developments and specifically MU-C designated areas in the Comprehensive Plan. The proposed rezone of 43,28 acres of land to the C-C zoning district is consistent with the associated FLUM designation of MU-C. The area at the northwest corner of Locust Grove and Lake Hazel Roads is proposed to develop with a mix of neighborhood-serving commercial and office uses including a community center and amphitheater; and the area on the south side of Lake Hazel,east of the Locust Grove/Lake Hazel intersection is proposed to develop with a charter school as depicted on the Master Plan. A conceptual development plan is not proposed for the MU-C designated areas at the southwest,southeast and northeast corners of the intersection. To ensure these areas develop consistent with the general MLred Use and MU-C guidelines in the Comprehensive Plan,Staff recommends the DA is amended prior to development of these areas to include a conceptual development plan consistent with these guidelines. Page 13 Page 289 Item#11. The Murgoitio property(Parcel#S1406110110) located southwest of the E. Lake Haxet/S.Locust Grove Rd. intersection shown as an "NAP"should be included in a future subdivision of the surrounding property(Parcel#S1406110350 or#S1406110015)in order to establish a legal division of land. Or,if a parcel division was approved by Ada County for the current configuration of the property,proof of such should be submitted to the Planning Division with a future subdivision application for the surrounding property. Legal deseripiionswith associated exhibit rnaps of flie areas proposed to be rezoned are included in land that 6 s p art of the an nevation r-eq if est,Staff h as req uested the Applienat revise the description to exelude thfit arenj a r-ei4sed legal deseription and exhibit mfip should be submitted pFiar-to the The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-651 IA_ Because a new DA is proposed to replace the existing DA's Staff recommends the above recommended ❑A provisions are included in that agreement- D. Preliminary Plats: Two separate preliminary plats, Apex Northwest and Apex Southeast, are proposed due to ACHD right-of- way(ROW) for Lake.Hazel and Locust Grove Roads separating the properties. Because this overall project will be developed as a single integrated project and marketed as such, analysis of both projects is included in this report. Apex Northwest consists of 120 single-family residential buildable lots for the development of 88 detached and 32 attached dwelling units, 1 1 commercial buildable lots and 14 common lots on 41.75 acres of land in the C-C and R-15 zoning districts. The minimum lot size proposed is 2,863 square feet(s.Q with an average lot size of 3,885 s.f. The gross density proposed is 5.62 units/acre with a net density of 11.21 units/acre. The subdivision is proposed to develop in 3 phases as shown on the Phasing Plan in Section VIII.D. Apex Southeast consists of 237 single-family residential buildable lots,2 eominercial buildable lots,30 common lots and 10 other(shared driveway)lots on 81.63 acres of land in the C-C and R-8 zoning districts. The minimum lot size proposed is 4,840 square feet(s.f)with an average lot size of 7,058 s.f. The gross density proposed is 3.75 units/acre with a net density of 6.17 units/acre. The subdivision is proposed to develop in three(5)phases as shown on the phasing plan in Section VIII.D. Overall,a total of 357 single-family residential buildable Iots, 13 commercial buildable lots,44 common lots and 10 other lots are proposed between the two subdivisions at a gross overall density of 4.22 units/acre and a net overall density of 7.27 units/acre. Existing Structures/Site Improvements: There are no existing structures within the boundaries of the proposed plats. The Northwest Williams Gas Pipeline crosses the northeast corners of Apex Northwest(Lot 2, Block 6) and Southeast(Lot 1, Block 9 and Lot 1, Block 14) subdivisions as depicted on the preliminary plats. Development within this area should comply with the Williams Developers' Handbook. No strictures should be located within the easement. Proposed Use Analysis: The proposed single-family detached and attached dwellings are listed as a principal permitted use in the R-8 and R-15 zoning districts; and an education institution is listed as a conditional use in the R-8 zoning district per UDC Table I 1-2A-2, subject to the specific use standards listed in UDC 11-4.3-14. An education institution and professional service(i.e. office) is listed as a principal permitted use in the C-C Page 14 Page 290 Item#11. district,subject to the specific use standards listed in UDC 11-4-3-14; other allowed uses in the C-C district are listed in UDC Table 11-213-2. Dimensional Standards (UDC 11-2): Development of the subject property is required to comply with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district, 11-2A-7 for the R-15 district and 11-2B-3 for the C-C district. Subdivision Design and Improvement Standards[UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets, alleys, common driveways, easements and block face. The proposed lots in Apex Northwest are consistent with the dimensional standards of the R-15 and C-C zoning districts.However,one of the alleys is not designed so that the entire length is visible from a public street as required by UDC 11-6C-3B.5e;the plat should be revised to comply. Common driveways that comply with the standards in UDC 11-6C-3D may be considered as an alternative. The proposed lots in Apex Southeast are consistent with the dimensional standards of the C-C and R-8 zoning districts. Two(2) alleys and 10 common driveways are proposed in the residential portion of the development that are consistent with the standards in UDC 11-6C-3. Such alleys and common driveways should be constructed in accord with the standards listed in UDC 1 1-bC-3B.5 and I 1-6C-3D. A perpetual ingress/egress easement is required to he filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Access(UDC 11-3A-3) Access is required to comply with the standards listed in UDC 11-3A-3. Apex Northwest: Two(2)public street accesses are proposed via E. Lake Hazel Rd., an arterial street, and two(2)public street accesses are proposed via S.Locust Grove Rd., an arterial street. Collector streets(E. Crescendo St. and S. Apex Ave.) are proposed in accord with the MSM. Apex Southeast: Three(3)public street accesses are proposed via S. Locust Grove Rd., an arterial street, and two(2)public street accesses are proposed via E. Lake Hazel Rd.,an arterial street. Collector streets (E. Tower St., S. Vertex Way and E. Via Roberto St.)are proposed in accord with the MSM. Alleys are proposed for access to alley-loaded homes in Apex Northwest and Apex Southeast. Common driveways are proposed for access to certain homes in Apex Southeast. Cross-access easements should be provided between all commercial lots in the subdivisions as set forth in UDC 11-3A-3A.2. Road Improvements: The Applicant has proposed to enter into a Cooperative Development Agreement (CDA)with ACHD to improve Lake Hazel Road abutting the site with(4) 11.5' wide travel lanes,a 19' wide center landscape median,vertical curb, gutter, 8' wide planter strips and 14' wide detached concrete sidewalks within 109' to 120. 5' of right-of-way(ROW)with the first phase of development. The Applicant has proposed to construct dedicated right-turn lanes on Lake Hazel Rd. at Aspiration Ave.,Apex Ave., Peale Ave. and Vertex Way. Locust Grove Rd. abutting the site is proposed to be improved with (3) 12' wide travel lanes with 6.5' wide bike lames, vertical curb, gutter, 8' wide planter strips and 5' wide Page 15 - Page 291 Item#11. detached concrete sidewalks within 77' of ROW. The specific conditions of approval pertaining to the CDA are included in the ACHD report in Section IX.H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 1 1-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. Parking for non-residential uses is required per the standards listed in UDC 11-3 C-6B.1. Pathways{UDC 11. 3A-8}: The Pathways Master Plan(PMP)depicts segments of the City's multi-use pathway system in the linear area where the Williams gas pipeline is located and along the east boundary of the rezone area. Pathways should be provided with development in accord with the PMP per the conditions fi-om the Park's Dept. in Section IX.E.All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8 and the Pathways Master Plan. Landscaping shall be provided along either side of the pathway in accord with the standards listed in UDC 11-313-12C.Public pedestrian easements (14-feet wide)should be provided prior to signature by the City Engineer on final plat phases in which pathways are located. Staff recommends two(2)additional micro-path connections are provided in Apex Southeast at the east boundary to Discovery Park. Sidewalks{UDC 11 3A-17]: The UDC (11-3A-17)requires,at a minimum,detached sidewalks to be provided along arterial and collector streets and attached sidewalk to be provided along local streets. Detached sidewalks are proposed along all internal local and collector streets and along the arterial streets in accord with the standards listed in UDC 11-3A-17. Parkways(UDC 11-3A-1 : Eight-foot wide parkways are proposed adjacent to all streets with detached sidewalks; all parkways are required to be constructed in accord with the standards listed in UDC 11-3A-17. Landscaping(UDC I]-3B : A 25-foot wide street buffer is required adjacent to S. Locust Grove Rd,and E. Lake Hazel Rd.,both arterial streets: and a 20-foot wide street buffer is required adjacent to E. Crescendo St., S. Apex Ave.. E. Tower St., S. Vertex Way and E. Via Roberto St.,all collector streets,landscaped per the standards listed in UDC 11-3B-7C.Alternative C'omplirance inay be requested to UDC 11-3B-7C.2a for street ballets along collector streets to he Incited in ra dedicated buffer rather than in a common lot. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A-17 and 11-313- 7C. Landscaping is required along all pathways in accord with the standards listed in UDC 11-313-12C as discussed above. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. Mitigation is required for any existing trees proposed to be removed from the site as set forth in UDC 1I- 3B-14.C.5. 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 11-313-7C.5.A license agreement for improvements within the right-of-way is required between the property owner and ACHD. Page 16 - - Page 292 Item#11. Qualified Open Space(UDC I1-3G1: A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required to be provided with development of land in residential districts. Based on the residential portion of the Apex Northwest plat (31.52 acres)zoned R-15, a minimum of 3.15 acres of qualified open space is required to be provided. Qualified open space consists of all of the street buffers along collector streets,half ofthe street buffers along arterial streets,the 8-foot wide parkways between the curb and detached sidewalk, linear open space at least 20' wide and up to 50' wide that has an access at each end,and open grassy areas of at least 50' x 100' in area. Although an open space exhibit was submitted that appears to meet the minimum standards,it includes areas in the C-C coning district that do not qualify toward the minimum requirements for the subdivision.Staff recommends the exhibit is revised prior to the Council hearing to onljy depict areas that qualify per the standards listed in UDC 11-3G-3B in order to ensure consistency with this standard. If additional qualified open space is needed,the plat should be revised to comply. Based on the residential area of the Apex Southeast plat(63.18 acres)zoned R-8, a minimum of 6.32 acres ofqualified open space is required to be provided. Qualified open space consists of all of the street buffers along collector streets,half of the street buffers along arterial streets,the 8-foot wide parkways between the curb and detached sidewalk, linear open space at least 20' wide and up to 50' wide that has an access at each end, and open grassy areas of at least 50' x 100' in area. Although an open space exhibit was submitted that appears to comply with the minimum standards,it includes areas in the C-C zoning district that do trot qualify toward the minimum requirements for the subdivision.Staff recommends the exhibit is revised prior to the Council hearing to on13y depict areas that qualify per the standards listed in UDC 11-3G-3B to ensure consistency with this standard. if additional qualified open space is needed,the plat should be revised to comply. Qualified Site Amenities(UDC 11-3 A minimum of one(1)qualified site amenity is required for each 20 acres of land to be developed in residential districts as set forth in UDC I 1-3G-3. Based on the area of the residential portion of Apex Northwest(31.52 acres),a minimum of one (1) qualified site amenity is required to be provided. A gazebo is proposed as an amenity in Lot 32, Block 5 as an amenity; Staff recommends tables and benches are also provided as required for a"picnic area" amenity. A community center and amphitheater are also proposed as public amenities in the adjacent commercial portion of the development and a swin-uning pool is depicted on the Master Plan off-site on the adjacent property to the north;however,these do not qualify as amenities for the residential portion of the development proposed to be platted with this application. Based on the residential area of the Apex Southeast plat(63.18 acres)zoned R-8, a minimum of three(3) qualified site amenities are required to be provided. A swimming pool and children's play equipment are proposed in a central common area and pedestrian pathways(multi-use pathway along E. Lake Hazel Rd. and internal pathways)are proposed as amenities in this development in accord with UDC standards. A detail of the children's play equipment should be submitted with the final plat application. Waterways (UDC There are no waterways within the boundary of the preliminary plats. The Farr Lateral runs along the north and cast boundaries;the McBirney Lateral crosses the site cast/west; and another waterway runs north/south through the annexation and/or rezone areas. Fencing(UDC 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-6C and 1 1-3A-7. Fencing is proposed as shown on the landscape plan. - Page 17 Page 293 Item#11. Six-foot tall wood picket fencing is proposed along end caps at the ends of residential lots adjacent to common areas; and 5-foot tall clear vision metal fencing is proposed adjacent to internal common areas. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practice as adopted by the City. Irrigation: Underground,pressurized irrigation water is required to be provided for each and every lot within the development in accord with MCC 9-1, Water Use and Service. Irrigation water will be provided from Boise Project Board of Control. Building Elevations [UDC I1-3A-19 J Arclritectt4ral Standards Mar:urrl]: The Applicant submitted several perspective building elevations for the proposed single-family homes and for the commercial structures planned to be constructed in this development which are included in. Section V III.G. Homes depicted are a mix of I-and 2-story units, attached and detached,with building materials consisting of a variety of siding styles and stucco with stone/brick veneer accents. Final design is required to comply with the design standards in the Architectural Standards Manual, single-family detached dwellings are exempt from design review standards. Because 2-story home elevations that face arterial and collector streets are highly visible,Staff recommends as a provision of the DA that the rear andior side of structures on lots that face E. Lake Hazel Rd. and S. Locust Grove Road,arterial streets, and S.Vertex Way, E.Tower St,,E. Crescendo St.,S.Apex Ave.and E.Via Roberto St.,collector streets,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-stary structures are ereinpt fro►n this requirement. 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 and non- residential/commercial structures. A Design Review application is required to be submitted for single- family attached units;one application can be submitted for the overall development if desired. Design review is not required,Jor single- roily detached homes. VII. DECISION A. Staff: Staff recommends approval of the proposed MDA,AZ, RZ and PP applications with the requirement of a new Development Agreement with the provisions noted in Section IX.A per the Findings in Section X. B. The Meridian Planning& Zoning Commission heard these items on July 9,2024.At the public hearing, the Commission moved to recommend approval of the subject MDA, RZ and PP requests. I. Summary of Commission public hearing a. In favor: Jon Wardle b. In opposition: None C. Commenting: Stacia Morgan; Annette Alonzo representing the Southern Rim Coalition d. Written testimony:Julie Edwards K. Staff presenting gpplication. Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Opposed to the proposed rezone from R-4 to R-15 for the land along Lake Hazel Rd. between Meridian Rd. &Locust Grove Rd.(not against higher density around Page 18 Page 294 Item#11. commercial areas);would like to see the zoning of the"future development"areas remain R-4 rather than be rezoned to R-8• belief that farm land and open s ace should be preserved as touch as possible; concern that current school system does not have the capacity to accommodate all of the students from this development; would like a moratorium placed on development that has not already been approved to allow time for the school district and roads to catch up and to have time to re-evaluate how we want to use our dwindling-remaining—open spaces& farmland. b. Concernvertaining to ca acityof area schools and abili to accommodate more R students from this development; C. Would like pathways provided to Black Rock Subdivision for connectivity. 3. Key issues)of discussion by Commission: a. Concern pertaining to capacity of area schools and impact of the proposed development on such; b. Supportive of proposed development, community amenities and associated improvements to Locust Grove and Lake Hazel Roads; 4- Commission change(s)to Staff recommendation: a. If revised qualified open space exhibit depicts qualified area less than 10%that the amphitheater in the commercial area be allowed to count toward the requirement through an alternative compliance request to UDC 1 1-3A-3. 5. Outstanding issue(s) for City Council: a None Note: The annexation request was pulled,fi o►t the Commission agenda at the regite.st of the properly owner-so Thal it could be re-noticed with a change in Zoning froth R-2 to R-4. Therefore, it is nor movIng_forward to Council with the MDA, RZ&PP applications. C The Meridian City Council heard these items on August 11,2020.At the public hearing the Coaieitinow- w a_p mve ubiegt MDA,RZ tldPP mquesls. L Summary-QM1 ,-C- q Cotln 'LP -P-hQa-n� In fayorL!QnAV ad-1]avid�b_1 L3ti lion C_oMor to ion b. In opposition_None g, C==eutlw -ChriO wMand,Marcella White,Julie Edwards d. Written testimony.None & SAtaffT-re�enlinp PPExa an_ Sam lL0 i OthuLS-w f- .QQnunrrttinr �n li iQn= 4e�.Qn � 2_ +issue o �blic teat_imo�y, a NOOD19Y4T-vf and.isrt sizes of the propowAd-r-melapmml=Rr rence fyr_larger estate las(LF u=1 and gpgzis A= 3. Key issue(s)of discussion by City Council: a, Pba-,6 g of the}�r�liminary plats; lt. Tl urn DM-Qf_theAtz o -nt WalLcQtxi =TLam- itim c Develomeen_t is Proactive in addressing haff clinfrastructure concerns up front:and, d. C-wwm-about education issue aud-oy r�r-owdirtg.of area schools.-- —� I City Council change(s)to Commission recommendation aa, None Page 19 Page 295 Item#11. VIII. EXHIBITS A. Master Plan(Revised) r , t Np A I y ! WIZ - LEM.LG�f# -: AREA EXCLUDED 8Y AUGUST 11,2020 CITY COUNCIL APPROVAL: SUBIECTTO FUTURE 5 APPLCATIOTJS. � 5 � onrx.vru[rn L I 1 plllJpf r i� - 1' � E111LIQ 1 � � 1 I I� 1 I -- 1 I i r 1 1 FJ1N4E I� ' IR - i F .C'JNCCFTUA Wi U61ECT TO Ct-ANGE , AUGUST 19,2020 kk Page 20 Page 296 Item#11. Page 21 Page 297 Item#11. C. I2ezoric I.egal Description & Exhibit Map r �, I E-AMFTY RD_ — — + — I R-8 I NAP a _ L ,� �— _1\ R-8 W-ft RA APEX NORTHWEST SUBDIVISION PRE-PLAT R-I5 C-C , 1 E.LAKE HAZEL RD. TNAP — I o �0_ R-8 N L.LJ APEX SOUTHEAST SUBDIVISION PRE-PLAT JIM 0 1000 2000 3006 Plan Sale:l"=1OW' E N G I N E E R I N G sxv WMTrXM_TM er DOM 4oeio E3 M PFANE?M1EI E3�bri35 APEX SUBDIVISION MERIDIAN,IDAHO aa-E ucus x�o SHEET: OVERALL PROJECT VICINITY MAP I Or I Page 22 Page 298 Item#11. km 9233 WEST STATE STREET I BOISE,083714 1 20&639.6939 I FAY 20&639.593u April 2,2020 Project No.20-017 Exhibit A Legal Description for Rezone to R-8-North Apen Subdivision A portion:of the East 1/2 of the Northwest 1/4,a portion of the Southeast 1/4 and a portion of the Northeast 1/4 of the Southwest 1/4 of Section 31,Township 3 North,Range 1 East,B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: BEGINNING at a 5/8-Inch rebar marking the Center of said Section 31,thence following the northerly line of said Southeast 1/4 of Section 31,N89°57'56"E a distance of 2,601.37 feet to a brass cap marking the East 1/4 corner of said Section 31; Thence leaving said northerly line and following the easterly line of said Southeast 1/4,S00°32'22"E a distance of 1,419.94 feet; Thence leaving said easterly line,iN89'42'21"W a distance of 1,423.17 feet; Thence S00"16'52"W a distance of 620.00 feet; Thence N8942'21"W a distance of 1,198.50 feet to the westerly line of said Southeast 1/4; Thence following said westerly line,N00"16'52"E a distance of 682.44 feet to the Center-South 1116 corner of said Section 31; Thence leaving said westerly line,S89"52'08"E a distance of 62.50 feet; Thence N00'16'52"E a distance of 895.00 feet; Thence 199.42 feet along the arc of a circular curve to the left,said curve having a radius of 280.00 feet, a delta angle of 40°48'25",a chord bearing of NZV07'20"W and a chord distance of 195.23 feet; Thence N40"31'33"W a distance of 241.33 feet; Thence 198.79 feet along the arc of a circular curve to the left,said curve having a radius of 230.00 feet. a delta angle of 49'31'13",a chord bearing of N65"17'09"W and a chord distance of 192.66 feet to the southerly line of said East 1/2 of the Northwest 1/4 of Section 31; Thence following said southerly line,S8957'15"W a distance of 980.26 feet to a 5/8-inch rebar marking the Center-West 1/16 corner of said Section 31; Thence leaving said southerly line and following the westerly line of said East 1/2 of the Northwest 1/4, N00°25'36"E a distance of 1,558.66 feet; Thence leaving said westerly line,N81'55'55"E a distance of 51836 feet; Thence 56.28 feet along the arc of a circular curve to the left,said curve having a radius of 58.00 feet,a delta angle of 55"35'50",a chord bearing of 520°49'52"E and a chord distance of 54.10 feet; Thence S46°52'43"E a distance of 45.40 feet; Thence 554°18'104E a distance of 180.18 feet; Thence 161.54 feet along the arc of a circular curve to the left,said curve having a radius of 588.00 feet, a delta angle of 15'44'26",a chord hearing of 562°10'23"E and a chord distance of 161.03 feet; Thence S70°02'36"E a distance of 107.80 feet; Thence 519'57'WW a distance of 12.00 feet; Thence 570"02'36"E a distance of 14.45 feet; Thence S61658'05"E a distance of 207.13 feet; Thence S65"32'S0"E a distance of 188.57 feet to the easterly line of said East 1/2 of the Northwest 1/4; Page 23 Page 299 Item#11. Thence following said easterly line,S4d'38'17"W a distance of 1,140.13 feet to the POINT OF BEGINNING. Said parcel contains a total of 144.78 acres,more or less. Attached hereto is Exhibit Band by this reference is hereby made a part of. 5� GX 5 `P 1.2459 CD OF C3 O 'E Lt .r MISS COY .0 � NORTH I/a CORNER %FICTION 1e 2 C gC 'a ## LA C-W/lu MRNtR SRAM W 3 0 as S �LT'IdH S EAST 1/4CORKER as OF SMr4D 131 I� FW OF 100"NO D =3 -i w 3/5-I4 CH REW fV N CL iC CENTER 4F SECrCH 31 usis oF aEARIK OJ 7C .n Y8O.28' UW57'Se E 1G81.37 32 T1„ m Cc STit1111 2SO7.6Y C1 31 m �[ r ALUMt1NOu"CW .� M WEST 114 CORNER SET'IIr1N 31 N4031-"-* 'v —0xse.33 Rezone Area: 144.7$t AC a l All or 51131244S9a&portion of FM24220042. W S1131417200,S1131439400 &51131417251 0 ' I Current Zonlns-RUT&R•4 P o propol&d Zoning;it-& g _� ❑ a o -a 6w•e •aMcn x=u N �117Fi1 pti1Y srtrE-r Cbs I/IfimR�NER N OF 3EVION 3t T I i MV42'211v 110a7tl• 0 300 600 1 ❑ w rraa .�nrron •i.rnt�s P(M W07 SIATI in117 $Oak IM►Moq* 5CALK- 1'-600• aI m� Page 24 Page 300 Item#11. km 9233 WEST STATE STREET I B015E,ID83714 1 208.639,6939 1 FAX 208.639.6930 April 2,2020 Project No-20-117 Exhibit A Legal Description for Rezone to R-8-South Apex Subdivision A parcel of land situated in a portion of the West 1/2 of the Northwest 1/4 of Section S and a portion ul the East 1/2 of the Northeast 1/4 of Section 6,Township 7 North,flange 1 East 8,M-,City of Meridian, Ada County,Idaho and being more particularty described as follows: Commenceing at a brass cap marking the earner common to Sections 5 and 6,Township 2 North,Range 1 East and Sections 31 and 32,Township 3 North,Range 1 East which bears 58942'21"E a distance of 2.640.00 feet from a SIB-inch rebar marking the North 1/4 corner of said Section 6,thence following the easterly line of the Northeast 1/4 of said Section 6,SOD"04'35"E a distance of 661-39 feet to the POINT OF BEGIN N ING. Thence leaving said easterty line,N89'53'420E a distance of 966.03 feet; Thence N41'51'13"E a distance of 547,17 Feet to the easterly line of said West 1/2 of the Northwest 1/4 of Section 5; Thence following said easterly line,500'01'43'"E a distance of 2,421.96 feet to the Center-West 1/16 cornet of said Section 5; Thence leaving said easterly line and following the southerly line of said West 1/2 of the Northwest 1/4 of Section 5,N89"52'3$"W a distance of 1,329.65 feet to a bras cap marking the West 1/4 comer of said Sect Ion S(East 1/4 corner of said Section 6J; Thence leaving said southerly Iitie of the West 1/2 of the Northwest 1/4 of Section 5 and following the southerly Iine of said East 1/2 of the Northeast 1/4 of section 6,Ng9'22'S0'W a distance of 1,304.25 feet; Thence leaving said southerly line,NDD'43'55"W a distance of I11-26 feet; Thence N00'20'23"W a distance of 549.25 feet; Thence N87`34'2FW a distance of 1349 feet to the westerly Iine a said East 1/2 of the Northeast 114 of Section 6; Thence following said westerly Ine,NOD'02'06"W a distance of 56.73 feet to the westerly right-of-way line of the Rawson Canal; Thence leaving said westerly Iina and following said westerly right-of-way Iine the following bourses: 1. N78'25'55"E a distance of 16111 Feet; 2. N54'S5'20"E a dkst once 0f 74.17 feet; 3. N31'51'12"E a distance of 92.01 feet; 4. NIQ'25'10"E a distance of 381.33 feet; 5. N05'26'52"W a distance of 106.26 feet; b. N18'S6'20"W a distance of 287.65 feet; 7. N32'08'38"W a distance of 91.83 feet; R. Nfil'32'57"W a distance of 104.62 feet; 9. N74'59'050W a distance of 44.02 feet; Thence leaving said westerly tot-of-way Iine, N0002'06"W a distance of 396.78 feet; ENGINEERS I SURVEYORS I P ANNI'M Page 25 Page 301 Item#11. Thence 589'42'20"E a distance of 796,96feet; Thence 500'04'35"E a distance of 252.00 Feet; Thence 589'4Z'Z0"E a distance of 473A0 feet to the easterly line of said East 1/2 of the Northeast 1/4 of Section 6(westerly line of said Wes[112 of the Northwest 1/4 Of 5ectlon 5}; Thence fallowing saIts eastefly I]ne(and saW westerly line), N00'04'35"W a distance of 84.63 feet to the POINT OF MINNING. Said parcel contains a total of 119.28 acres, mpre Or IeSS, Attached hereto is Exhibit 8 and by this reference is hereby made a part of. �- 12459 Q a: 4"r 2-•2,0?W PAGE Page 26 Page 302 Item#11. BASIS OF BEARING rl _ 9 42'21"E 2640.00' E LAKE HAZEL Rb 31 32 T.3N.• R.1E._ _ m c 61370.00' 6 5 T.2N„ R.1 E — — — / o POINT OF COMMENCEMENT 5/8-INCH REBAR I }M RERAR BRASS CAP WEST 1/18 CORNER) -/4 CORNER NW CORNER SECTION 5 �`'� SECTION 5 AN❑ swnoo & NE CORNER SECTION 5 M SECTION 32 00 a° � S89'42'20"E 796.96' NI f BeGINNI � � O 'O 2 a r, I N89'53'42"E 95&OY 4- 6 �5 589'42'20"E L71 C L9 473.40' LINE TABLE 3 ~ ^j G] X aj N C8 LINE SEARING DISTANCE CC c Rezone,area: 119.28±AC. LI N87.34'26 W 13.49 m Q y N18'56'20'W Portion of 51406110015, 'C 2g7'Bs All of 51406110350 and L2 NO'O2'06'W 66.73 io m `a a Portion of S1405212410 L3 N7a'25'55'E 161,21 Current Zanina:R-4 x d L4 N54'55'20"E 74.17 n LU 3 Proposed zoning:R-8 L5 N31'51'12'E 92.01 w r ? I L6 N526'52 W 10&26 tf _a T n '� R L7 N32'p8'38"W 91.83 o a s t4 'L I LS N61'32'57-W 104.61 nnre rrtuecN zom v N oROIEST: xo ail nj a LEI N74'59'05'W 44.02 SHEET: L1 N I L10 50'04'35.E 252.00 OF 1 `^ L11 NO'04'35'W 84.63 N00'20'23"W 549.25' L12 N59'22'50"W 17.75 0 200 400 BOO BRASS GAP W 1/4 CORN SECTION 5 SCALE: i"=4Q0' E 1/4 CORNER SECTION 6 kin 1/2-INCH REBAR IMIMM C-E 1/16 CORNER N06'43'55W C-W 1/16 CORNER Er INEERS SUtVEYPRt-P14NXF15 SECTION 6 111.26' SECTION 5 '3233 WE3T STATE STIIEET N5922'50'W 1304.25' 6 5 N89'52'38W 1329.B5' O015E. I108311q Pl1p X E{Z961639.6939 L1 2 FAX fR061639.6530 Page 27 Page 303 Item#11. km 9233 WEST STATE STREET I 6DI5E,10 83714 [ 209.639.6939 1 FAX 208.639.6930 April 29,2020 Project No.20-017 Exhibit A Legal Description for Rezone to R-15 Apex Subdivision A parcel of land situated in a portion of the South 1/2 of the Southeast 1/4 of Section 31 and a portion of the Southwest 1/4 of the Southwest 114 of Section 32,Township 3 North,Range 1 East,B.M.,and a portion of the Northeast 1/4 of the Northeast 1/4 of Section 6,Township 2 North,Range 1 East B.M.,all situated in the City of Meridian,Ada County,Idaho and being mare particularly described as follows, BEGINNING at a 5/9-inch rebar marking the corner common to Section 31,Township 3 North,Range 1 East,and Section 6,Township 2 North,Range 1 East,Which hears N89°42'21"E a distance of 2,640.00 feet from a 5/8-1nch rebar marking the Southeast 1/4 corner of said Section 31; Thence following the westerly line of the Southeast 1/4 of the Southeast 1/4 of Sect lon 31,N00°16'S2"E a distance of 660.00 feet; Thence leaving said westefly line,S89°42'21"E a distance of 1,198.50 feet; Thence N00"16'S2"E a distance of 620.00 feet; Thence S89°42'21"E a distance of 1,971.82 feet to the easterly boundary of the Farr Lateral; Thence following said easterly boundary the following courses; 1. 64.48 feet along the arc of a circular curve to the left,said curve having a radius of 110.00 feet,a delta angle of 33'35'03",a chord bearing of 5O5°5[Y'15"W and a chord distance of 6 3.5 6 feet to a 1/2-inch rebar; 2. S10"57'45"E a distance of 410.17 feet to a 1/2-inch rebar; 3. 114.95 feet along the arc of a 6muIar curve to the left,said curve having a radius of 140.04 feet, a delta angle of 47'02'41",a chord bearing of S34 29'O8"E and a chord distance of 111.75 feet to a 1/2-inch rebar; 4. 558'00'31"E a distance of 219.85 feet to a 1/2-inch rebar; 5. S69°55'45"E a distance of 503.32 feet to a 1/2-inch rebar on the easterly line of said Southwest 1/4 of the Southwest 1/4 of Section 32; Thence following said easterly line,S00"10'02"E a distance of 430.90 feet to the southerly line of the Southwest 1/4 of Section 32; Thence following said southerly line,N89'57'46"W a distance of 641.22 feet; Thence NOO'06'18"W a distance of 124.99 feet; Thence N4751'44"W a distance of 79 7.3 6 feet; Thence N89°42'21"W a distance of 775.42 feet; Thence SO0°16'52"W a distance of 1.154-01 feet; Thence N89°42'20"W a distance of 587.77 feet; Thence N00'02'O6"W a distance of 494.01 feet to the southerly line of the Southeast 1/4 of Section 31; Thence fallowing said southerly line,N89'42'21"W a distance of 1,170.00 feet to the POINT OF BEGINNING, Page 28 Page 304 Item#11. Said parcel contains a total of 76.93 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. 4 � a 12459 0 rr OF L. 1B � G LEGEND FOUND BRASS CAP , u° fin s/a-wCrr +a�wre � � A CALCULArm KAw y REZONE 901JF1T)ARY 0 5OD 1DDU 1 Ua LXWPC cc —SECT OH DPI C4 L9Nf Plan Sca le.V-$00' r1 Q CURVE TABLE (7,)Kvr 0ADII,+3 Lf%GTN CM-4w w a er Ln h CI 110.0w 64,4r 39'551A3' W50'191V 53.5w x m r+ CZ 14OAQ' 114.95' i7'(57'61' ri}.l'74'p9'€ 11.75' 'tr � S1 SM42'21'E 1971.82 Yi 9 C1 n Z Ka Aro. Ar. y } + ft.11v,oTs1lalc3g.+uo,s;lalatVvo, o 10 53131A1Tlsr,5:1323,Z5M,h534W110015 3 ++ Vrepneadzl rFi*R-15 rn 568'0' } a'31�E x I� 219.8i4' a 58P42'21-E 1198.5V NR9'42'21'1N u.re •.w��a s N . .. a 1 (3 F 1 � 4 a fUSIS OF 8[APJIIG 124AW 3t 2640.00' T.3N„ a.1E. G N89'42'21'W 1370.00' "a T.2N., R 1 E " H8B'3T461Y 6d 1_ PO"T Oi 0ES.NING L CSf 06t11�A 5/8-INCH R--3f.R 1 5/8-INCH REW SECTION 31 SOUTH 1/4 CORNER SECTION 31 � v NEST 1/16 CORNER SECTJON 5 AND 32 O'A wln 987.77' o-nsnur s ru1 slee:r ii��ff rarx a�nn esrrr "9 42'2I7^II rN6 rse�ni �12101 c3ga1 e&M Page 29 Page 305 Item#11. km 9233 WEST STATE STREET I BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930 April 29,2020 Project No.20-M7 Exhibit A Legal Description for Rezone to C{ Apex Subdivision A parcel of land situated in a portion of the Southeast 1/4 of the Southeast 1/4 of Section 31,a portion of the Southwest 1/4 of the Southwest 1/4 of Section 32,Township 3 North,Range 1 East,B.M.,and a portion of the Northwest 1/4 of the Northwest 1/4 of Section 5,and a portion of the Northeast 1/4 of the Northeast 1/4 of Section 6,Township 2 North,Range 1 East B.M.,all situated in the City of Meridian, Ada County, Idaho and being more particularly described as follows! Commencing at a brass cap marking the Northwest corner of Section 5,Township 2 North,Range 1 East, which bears N89°57'04"W a distance of 1,331.87 feet from a found 5/8-inch rebar marking the West 1/16 corner of said Sections 5 and 32; Thence following the northerly line of said Northwest 1/4,S89`57'04"E a distance of 690.66 feet to the POINT OF BEGINNING.- Thence continuing along said northerly line,S89°57'04"E a distance of 641.21 feet to a found 5/8-inch rebar marking the West 1/16 corner of said Sections 5 and 32; Thence leaving said northerly line and following the easterly line of the Northwest 1/4 of the Northwest 114 of said Section 5,S00°01'43"E a distance of 25U.92 feet to a point; Thence leaving said easterly line,S41"51'13"W a distance of 547.17 feet to a point,- Thence 589"53'42"W a distance of 966,03 feet to a point on the westerly line of said Northwest 1/4; Thence foltowing said westerly line,N00"04'35"W a distance of 167.37 feet to a point; Thence leaving said westerly line,N89'42'20"W a distance of 682.58 feet to a point; Thence N00°16'52"E a distance of 1,154.01 feet to a point; Thence S89"42'21"E a distance of 775.42 feet to a point; Thence S47"51'44"E a distance of 797.36 feet to a point; Thence S00"05'18"E a distance of 125.13 feet to the POINT OF BEGINNING. Said parcel contains a total of 43.28 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. S a ,, 12459 Q 0 OF 144� L. Br.�''� ►�,zg .��a Page 30 Page 306 Item#11. BRASS LAP °p w EAST 1/4 CORNER a —SECTION 31 ry � '.S•4W 41'2 It 1..1 in 7 0 300 600 900 `. FY s Plan Scale:1"=300' ¢ N a n r W •+n p 4 ,� a N yr Rf POWs OF C04lM�1VCE7NCNT 5/5` REBAR m X M N c FOUND 9RAS5 CAP SCp'flQ'18`r WEST I/I B COft✓lER y., 4 SE CORNER =TIOX 31 1IS.13' SECTIONS 5 k 32 Q n q - d \ 3l 4 5199'42'21'E �3142 TSH LR,1E, _ 89A_89' _ $$g7'44•E 6i1.21' X .tee t,o fi so MOM' T.7N.. R.1 E F 331•B7' � uj w z E(A•CC HAZEL RQ C5 5 "Wr OF B6CIWNma �'I"I' QF 9fllft11µG v tl Z50.92 a y ' h attar Area:43.2LA AC. r u~i I Portion o151131d17251,S113232S1100. ~I S14tYSMMO,&S 1.1061111Q15 4 a !d current 1pnww It% � I a prswmAo towng L-t I}4Tk A�Ni LW Nd9 47"2[7"k 6E2.56' NQ937:'d5 W i'� tinuE i t OF 1 I �'S'fl•53.42�' 966 OS' I LEGEND I MuM) BRASS CAP a/B-IKH REW I Ian A CALCIN.A►M PQINT REZONE BOUNDARY iin.aten�.v.iry.nir•. ru.rwe•s 911]wllr;rtin srwn EXMTI PARCEL WNE mhtt NG n.uta+w 5 5 rvallr ewll��p-.'ate --5ECTION LINE rwRx.:1c[rlip Page 3I Page 307 WIN 1III11 Flllllf ` k Air 0 � � � Net !low , P. W loop plow , _� — . - =W 'M"�� Item#11. Northwest: APEK NORTHWEST SUBDIVISM PRE UMINMY PLAT A PORTROP4❑F THE SOUTH 7r OF THE SO UTHEASF IY4 4AG N091KA5T 1(4 0;"Hf 'AVCNCAST III 01 HCT"It T AIOII TN-RJV�i(Ito.1. fw,� — w,. CITY OF MERIDAK ADD COUNT'r,CMG }} MRIPI-_ z w1ww•. '�=- •—mil--r _-z IC=-r an�iS USJ u page Page 309 Item#11. ■ r - — rj - ram• ��-- _ _L _ !- t Ire F• I� 1 Z 1 9. R r ��i r I —�i.`�� 1„I��j-_ �Cr•.. .. �� �915!'J��7Fs�.3�1+¢+'a^T 11 � � •�ie1.. •`rRrM1 pYn �? _ , + . . �J ! r . 1 Page 34 Page 310 Item#11. Phasing Plan: APEX Northwest Phasing CanneprtcJ I Subject to Change n Southeast: _ APEX SOUTH Elm r 5UBD V151GN PRELIMINARY PLAT _ TF lii M•J 11]IllIlA IN in pisi 112b Mll H. ll.I/I 'AN dS lluR1 V I r_•dl.cll.go mark"u Mull ll',Ill - - Ir� vsu - a I nM -r Page 35 Page 311 Item#11. I I. I 1 • I ur. i - r fly ! y r- -V Yf s. �� = a •C. �• rr.. r ` 1 IT -I iij=J1, =s r.• j 3 P d • ate. A Al it Page 35 Page 312 Item#11. t m / 17 / } ''� 'M Zj Pa"C 17 Page 313 Item#11. Phasing Plan: APEX Southeast Phasing — E E.A0.IIA1L.Bu I *♦ 1 1 \ 1 � l 7," CaMMCkgaL{[t� �ti` �`4 / t1\ A WIY�y, 1 OV 1 u �s� [a i oa Et 4 T cz a O $ 67 0 $ D R 9 i l•7 'S'AIfE N. � R49(1{fiI EAI.RIC G E.STAKE ST. 0 d g � g ID $ � ID 8 43 3 _9 h3 � g a W WE • $ (010 0 E 5PRE 5F. H i r INK Fc"UN• z 6A - as n. [• '� :a J !•4Ar916X Sr B CI P y _ z a c, y — r A-VFNrugksr Ej .....!.41A Fi DW 0 5 Page 38 - Page 314 Item#11. E. Landscape Plan (date: 4/30/2020) Northwest: i— �,_ - _.. � _,_.... --� r,,-r,, •Via. ._.. — �,gr>�rre-reef r•ri n�emr r..r �-.r __... �.. 1. _ { �+r�xsa�cean:xssa wx 40 PSI 3.0 5T if ,f•, f L1Fli1:l•4 rYi r.�ALI(,11a 111t1?171W `ara r7 uonc�M wa nr+m±ar!n m��e nc-+i J �+a�»Fcv.e~ma 7lM�r Page 39 Page 315 Item#11. r' r I I _ 5 CMID- ----------------- Fj1lAMi+.iAN AA% �- r--'d bWiCH 11HF•iCE SHEET PP3.0 Qkm MA TCQ M At S41V M Q .... ...i ..... .... . .T.................................. . .. I I I I j s: �xC3 .1: 7FA r T—.-� ^-- �w �• �j'1��Tr�11d YLLiL �Wtl'+,11+�L'• Page 40 Page 316 Item#11. Southeast. isQ3"MuMLAn salEIMMMFI -- -- :r =.—..=_ � w w rX.1 --_ PPl2 n — ——— w PPl2b _� p �7'::.' PPL3.0 PPL3.0 WICK G7 2.ir rrar4a�viswaaers � - m t 1;;-ram�iiy sca,mac_ •F�++=�-,'i. :iv�.�S� — PpL MUD Fe— � i :;I_.. PPL�d.O r + PPLC rU -� W�� ORN 4- m J t =_ �'�ar�eaumwewn mp"DII&I"WIffiLM ' '� tietrrpe.•.rnarr LJW[tSt.PPCSFT£NAN •.A.+.. ' :r,.y km Page 41 Page 317 Item#11. JyI + � r ' I i L j 4. t $ r � �[7..LY:/ "aa•St7['-_L:. _` t � T ' I T Yr .�----- ----- '` ----- --•. ----- ---- - IJWfrwl4ri�7.7c MATCH UNE 5ET SHCFi PPiO �f- ,•_-.. r . ......ram. ..._�— � -�-._��_%_�_�37.� ■R4wl�9WA+ rrr kk • ,f ,:tti, I C _ wt •• �I ijl '■ 1 --- r-- - cY ---- LAhttwlpE pIJ1N M1AT-CH llh �iE :C4. ::1 r r.e • mto Page 42 Page 318 Item#11. MATC14LWE-SC£tiFICCP PPl.a `I :•:,T -' ,]�^ � ti r �cx :SiY S7y� r _r'Z—T-r'S'►�7�'S-[+l" -. 7)— Ck (Okm/Y11Af�R13i�F PLAN �nan Page 43 Page 319 Item#11. F. Qualified Open Space Exhibit (dated: March May 2020)-REVISED Northwest: APEX N ORTHW EST SUBDIVISION OPEN SPACE EXHIBff 1.4 I lam bE ! 1i41`.L.�g 4*LY'.: 4^.-_r r 'EC• avorwxrnv+EsWr"s mhmn C wwsnvL Page 44 Page 320 Item#11. Southeast: � � ,F; ,a rf L rr• � [� a 1 _ 1 1 C x ff r — -- ,•. — _ Q ' � m a • m - c 1 vo, i L i Page 45 Page 321 ConceptualG. Building Elevations/ Residential: +7Per Af[NJIr_dehe#eM-Affey Apse InA'Krse7rnnnf AflrY ULM Apfx NW(NeafoWlf[or-Aew Alfry - _ .{ Aprr 5F Rrsfffrrttml•tpnarnnanol - •.._.. 'f r Appr Sf 10rsitlenfiQ!-Cex»s•nf loner! �I • � - �.. a s - �SF�Peykfen6Vf-Conren[i8rnu� - --_ Page 46 - r Fi z•` _ �` 7 •1�r�5£r&xlyendal [orxreatiw,r¢! -- � �iw�����r2 c.rUCnffn'1-Csurr�A[d7rt[�i Tw "- y lip ■ } krc.r•:r•,'�cmmr2t7 .gGfxNW COr17f!lwrr�is' 4C5n KW CrJmg9pKif1J •5 pr.4�i tr.-,�..:.. Page a' — n y _ ; — � Item#11. H. LegaI Description &Exhibit Map of Property Subject to New Development AgreemenIM 9233 WEST STATE STREET I 80ISE,083714 1 208.639.6939 1 FAX 208,639.6930 August 19,2020 Apex Subdivision Project No.20-017 Legal Description Exhibit A Legal description for Apex Subdivision A parcel of land situated 1n a portion of the East 1/2 of the Northwest 1/4,all of the Southeast 1/4 of Section 31 and a portion of the West 1/2 of the Southwest 1/4 of Section 32,Township 3 North,Range 1 East,B.M.,all of West 1/2 of the Northwest 1/4 Section 5 and a portion of the East 1/2 of the Northeast 1/4 of 5ection 6,Township 2 North,Range 1 East S.M.,all situated in the City of Meridian,Ada County, Idaho and being more particularly described as follows. BEGINNING at a 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 TNoFth,Range 1 East, B-M.,thence following the southerly line of the East 1/2 of the}Northwest 1/4 of said 5ectinn 31, S89"57'150W a distance of 1,318.94 feet to a 5/8-inch rebar marking the Center-West 1/16 corner of said Section 31; Thence leaving said southerly flue and following the westerly line of the East 1/2 of the Northwest 1/4, N00"25'36"E a distance of 1,558.66 feetto a point; Thence leaving said westerly line.N81"55'55"E a distance of 5 18.7 6 feet to a point; Thence 56.28 feet along the arc of a circular curve to the left,said curve having a radius of 58,00 feet,a delta angle of 55`35'S0",a chord hearing of S20049'52"E and a chord distance of 54.10 feet to a point; Thence S45°52'43"E a distance of 45.40 feet to a point; Thence S54°18'10"E a distance of 180.18 feet to a point; Thence 16 1.54 feet along the arc of a circular curve to the left,said curve having a radius of 598.00 feet, a delta angle of 15'44'26",a chord bearing of 562'10'23"E and a chord distance of 161.03 feet to a point; Thence S70°02'36"E a distance a 107.80 feet to a point; Thence 519*57'24"W a distance of 12.00 feet to a point; Thence 570°02'36"E a distance of 14.45 feet to a point; Thence 561'58'05"E a distance of 207.13 feet to a point; Thence S6592'50"E a distance of 188.S7 feet to a point on the easterly line of the Southeast 1/4 of the Northwest 1/4 said Section 31; Thence following said easterly line,500'38'17"W a distance of 1,140.13 feet to the POINT OF BEGINNING. Said parcel contains a total of 43.744 acres,more or less. TOGETHER WITH: BEGINNING at a 5/8-inch rebar marking the Center 1/4 Section 31,Township 3 North,Range 1 East,B.M., thence following the northerly line of the Southeast 1/4 of said Section 31, N89°57'56"E a distance of 2,602.37 feet to a brass cap marking the East 1/4 corner of said Section 31; Thence leaving said northerly line and following easterly line of the southeast 1/4 of said Section 31, 500`32'22"E a distance of 22 6.2 6 feet to a 5/8-inch rebar on the centerline of Farr Lateral; ENGINEERS I SURVEYORS I PLANNERS - Page 49 Page 325 Item#11. Thence leaving said easterly line and following the centerline of said Farr Lateral the following seven (7) courses: 1. 53843'32"E a distance of 61.71 feet to a point; 2. 551'12'32"E a distance of 444.04 feet to a point; 3. 56O'36`1O"E a distance of 272.66 feet to a point; 4. 586*04'31"E a distance of 206.22 feet to a point; 5. 573'45'13"E a distance of 301.51 feet to a point; 6. 543'15'53"E a distance of 313.74 feet to a point; 7, S29"01'13"E a distance of 37.13 feet to a point on the easterly line of the West 1/2 of the Southwest 1/4 said Section 32; Thence leaving said centerline and following the easterly line of the West 1/2 of the Southwest 1/4 of said Section 32,S0O"08'25"E a distance of 206.12 feet to a 1/2-inch rebar on the easterly boundary of said Farr Lateral; Thence leaving said easterly line and following the easterly boundary of said Farr Lateral the following twelve(12)courses: 1. 22.57 feet along the arc of a circular curve to the right, said curve having a radius of 144.67 feet,a delta angle of 08'56'24",a chord bearing of 556'50'40"W and a chord distance of 22.55 feet to a 1/2-inch rebar; 2. 561'18'S4"W a distance of 91.61 feet to a 1/2-inch rebar; 3. 122.47 feet along the arc of a circular curve to the right, said curve having a radius of 220.C4 feet, a delta angle of 31'53'39",a chord bearing of 577'15'42"W and a chord distance of 120.89 feet to a 1/2-inch rebar; 4. N85°47'3 i"W a distance of 362.95 feet to a 1/2-inch rebar; 5. 583°47'06"W a distance of 26.72 feet to a 1/2-inch rebar; 6. S69°57'44"W a distance of 12 8.9 7 feet to a 1/2-inch rebar; 7. 90.89 feet along the arc of a circular curve to the left,said curve having a radius of 110.00 feet,a delta angle of 47"20'30",a chord bearing of 546*18'02"W and a chord distance of 88.33 feet to a point; S. 64.48 feet along the arc of a circular curve to the left,said curve having a radius of 110.00 feet,a delta angle of 33'35'03", a chord bearing of SO5°50'15"W and chord distance of 63.56 feet to a 1/2-inch rebar; 9. S10'57'45"E a distance of 410.17 feet to a 1/2-inch rebar; 10. 114.95 feet along the arc of a circular curve to the left,said curve having a radius of 140.00feet,a delta angle of 47"02'41",a chord bearing of S34°29'O8"E and a chord distance of 111.75 feet to a 1/2-inch rebar; 11. S58'00'31"E a distance of 219.85 feet to a 1/2-inch rebar; 12. S69'55'45"E a distance of 503.32 feet to a 1/2-inch rebar on the easterly line of the Wes*1/2 of the southwest 1/4 of said Section 32; Thence leaving said easterly boundary and following easterly line of the West 1/2 of the Southwest 1/4 of said Section 32,SGO'1O'02"E a distance of 431,17 feet to a 5/8-inch rebar common to Section 5,Township 2 North Range 1 East, B.M.,and Section 32,Township 3 North Range 1 East,S,M.; Thence leaving said easterly line and following the easterly line of the West 1/2 of the Northwest 1/4 of said Section 5,SOO'OV43"E a distance of 2,672.88 feet to the Center-West 1/16 corner of said Section 5; PAGE 12 Page 50 Page 326 Item#11. Thence leaving said easterly line and following the southerly line of the West 1/2 of the Northwest 1/4 of said Section 5,NA9'52'38"W a distance of 1,329.65 feet to a brass cap common to Sections 5 and 6; Thence leaving said southerly line and following the southerly line of the East 1/2 of the Northeast 1/4 of said Section 6,N89°22'S0"W a distance of 2,304.25 feet to a point; Thence leaving said southerly line,NOC°43'55"W a distance of 111.26 feet to a point; Thence NOD°20'23"W a distance of 549.25 feet to a point; Thence N87*3426"W a distance of 13,49 feet to the westerly line of the East 1/2 of the Northeast 1/4 of said Section F; Thence following the westerly line of the East 1/2 of the Northeast 1/4 of said Section 6, NOO°02'05"W a distance of 66.73 feet to a point on the westerly right-of-way line of the Rawson Canal; Thence leaving said westerly line and following the westerly right-of-way line of said Rawson Canal the following nine(9)courses: 1. N78°25'55"E a distance of 161.21 feet to a point; 2, N54"5S'20"E a distance of 74.17 feet to a point; 3. N31°51'12"E a distance of 92.01 feet to a point; 4. N10"25'10"E a distance of 381,33 feet to a point; S. N05°26'52"W a distance of 106.26 feet to a point; 6_ N18'56'20"W a distance of 287.65 feet to a point; 7. N32'08'38"W a distance of 91.83 feet to a point; B. N61'32'57"W a distance of 104.61 feet to a point; 9. N74'59'05"W a distance of 44.02 feet to a point; thence leaving said westerly right-of-way line, NOG°02'06"W a distance of 890.79 feet to a point on the northerly line of the Northeast 1/4 of said Section 6; Thence following said northerly line,N89°42'21"W a distance of 1,370.00 feet to a 5/8-inch rebar common to Section 6,Township 2 North Range 1 East,6.M.,and Section 31,Township 3 North Range 1 East,B.M,; Thence leaving said northerly line and following the westerly line of the Southeast 1/4 of said Section 31, NOQ'16'52"E a distance of 1,342.44 feet to a 5/8-inch rebar marking the Center-South 1/16 corner of said Section 31, Thence N00"16'52"E a distance of 1,342.44 feet to the POINT OF 9EGiNNtNG. Said parcel contains a total of 366.194 acres,more or less. Said description contains a total of 409.938 acres,more or less. n. u� 12459 0 Of Page 51 Page 327 Item#11. i Sl&7b ngl•SS55'c a re u vi Y1 N 3 ec c C $B9'5715'w 131&94 Tiiie: Apex Subdivision Date:08-17-2020 Scale: 1 inch=300 feet File: 200817 Apex Subdivision Legal 20-017 Tract 1; 43.744 Acres: 1905504 5q Feet:Closure=s57.2522w 0.01 Feet: Precision=11627918: Perimeter=5510 Feel 001=s89.3715w 1318.94 006-04.t 81 Oe 180.18 011=sb 1.5805e 07.13 002�00.2536e 1559.66 ��: R�aap23S C.on'�d-15 I o�lu- n 012=s65.3250e 188.57 1�� 21 D 1 003�n81.5555e 518.76 008=70.0236e 107.80 013=00.3817w 1140.13 DW LL R=5M❑d.- .355D 009—s I9.5724w 12.00 Bngx?Q_11951r,CWN.lD 005 s 6.5241e45.40 010�s7U,O736+e 14.45 Page 52 Page 328 Item#11. 2601.37 n89°57'5G"c P ^ � r 4 u Q n � ni �a M ° �� -T�l.l• �j Y9•�S,F L S n89°42'21'w 1370 010 F c� $4 M1 4 t J n89°22'5Ww 09'52'38"w 004,25 1331.55 Title: Apex Subdivision Date:08-18-2020 Scale; 1 inch= 1000 feet File:200811 Apex Subdivision Legal 20-017 Tract 1: 366.194 Acres: 15951396 5c1 Feet.-Closure=s50.375ge O.02 Feet: Precision>1/999999: Perimctcr= 19597 Feet 001 n 89.5756c 2601.3 7 016=s69.5744w 129.97 031�n78.2555e 161.21 002= 00.3222e 226.26 °11' aieo°:S°eW7303. 032�54.5520e 74.17 003---s38A332e 61.7! {Il LL R=S161Q tklr33lsp3 033=01.51 12e 92.01 5 5tl rsvr,tha-s3.s6 004-51.1232e 444.04 019=s10.5745e 410.17 034-n10.251Oe 381.33 005=s1a4,361Oe 272.66 u: R 9 cum, -a.mrr 035�05.2652w 106.26 8ag�.Y9ll®e.C'Ga=11 l.a3 006�s86.043 I e 206.22 021=s5&0031 a 219.85 036=n 18.5620%y 287.65 007 03.4513e 301.51 022=s69.5545e 503.32 037=n32.0838w 91.83 008-s43.1553e 313.74 023=00.1002c 431.17 038=m61.3257w 104.61 009=s29,0113e 37.13 024=00.0143e 267188 039-n74.5905w 44.02 010�s00.0825c 206.12 025=n89,5238w k329.65 040= 00.0206w 990.79 Br1,"I-%VV°". �.sn7a 02fi=n89.2Z5Dw 330425 041�89.4221w 1370.00 ll%012=s61.1854w 91.61 027=00.4355w 111.26 042=00.1652e 1342.44 11 1 3:l! R�21u. >7eka=31.3334 028=00.2023w 549.25 043=n00.1652e 1342.44 nn�3�istir�DO�na r_n-s9 014=n86,473lw362.95 029--nS7,3426w 13.49 015=43.4706w 26.72 030=n00.0206w 66.73 Page 53 Page 329 Item#11. IX. CITYIAGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The subject property shall no longer be subject to the terms of the existing Development Agreements (H-2015-0019: Brighton Investments, LLC- Inst.#2016-007072; SCS Brighton, LLC-Inst. #2016- 007073; Murgoitio Limited Partnership- Inst. #201 b-007074) upon the property owner(s) entering into a new agreement.The new DA shall be signed by the property owner(s) and returned to the City within six(6)months of City Council granting the subject modification.The new DA shall include the following provisions: a. Future development of this site shall be generally consistent with the conceptual.master plan,conceptual building elevations,preliminary plat,phasing plan, landscape plan, and qualified open space exhibits included in Section VIII and the provisions contained herein. b. Future preliminary plats shall include collector streets consistent with those shown on the Master Street Map,as required by Ada County Highway District. c. The land designated as Medium High-Density Residential(MHDR)on the Future Land Use Map in the Comprehensive Plan zoned R-15 shall develop with a variety of residential dwellings(i.e. single-family detached/attach.ed, townhouses,condominiums, and/or apartments)at a gross density ranging from eight(8) to twelve(12)dwelling units per acre. Development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and shall incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity consistent with the Comprehensive Plan (see pg. 3-10). d. Prior to development of the Mixed Use-Community(MU-C)designated areas shown on the Master Plan as"future development,"the Development Agreement shall be amended to include a conceptual development plan that demonstrates consistency with the general guidelines for Mixed Use developments and specifically the MU-C designation(see pgs. 3-13 and 3-15 thru 3-16). e, The rear and/or side of structures on lots that face E. Lake Hazel Rd, and S. Locust Grove Road, arterial streets,and S. Vertex Way, E. Tower St., E_Crescendo St., S.Apex Ave. and E. Via Roberto St.,collector-streets,shall incorporate articulation through changes in two or more of the following: modulation (e.g.projections,recesses, step-backs,pop-outs), bays,banding, porches, balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt_]i•oin this requirement. f_ Development within the Williams Pipeline easement shall comply with the Williams Developers' Handbook. g. All future development, except for single-family detached dwellings, is required to comply with the design standards listed in the Architectural Standards Manual. h, The Murgoitio property(Parcel#S 1406110110)located southwest of the E. Lake Hazel/S. Locust Grove Road intersection shall be included in a future subdivision of the surrounding property (Parcel#S 1406110350 or#S 1406110015) in order to establish a legal division of land. Or, if a parcel division was approved by Ada Comity for the current configuration of the property, proof of such shall be submitted to the Planning Division with a future subdivision application for the surrounding property. i. The lot pf!apased to be atinexed(i.e. Let 4, Block 1, Shafer-View Estates) shall either be splk-ifl Ada Gatinty prior-to . - .- - ma t4i e City te create the! eastern 1 @*� asr-e parve 1 proposed fe Page 54 Page 330 Item#11. j. Multi-use pathways shall be provided with development as required by the Park's Department in accord with the Pathways Master Plan. k. The commercial(C-C zoned)portions of this development are allowed to obtain building permits prior to subdivision of the property. 2. The final plat submitted for Apex Northwest shall incorporate the following: a. Include a note stating direct lot access via E. Lake Hazel Rd., S. Locust Grove Rd., E. Crescendo St. and S_Apex Ave. is prohibited,except for those accesses approved by City of Meridian and Ada County Highway District. b. The north/south alley in Block 5 does not comply with the standards Iisted in UDC 1 I-5C-3B.5 as the entire length of the alley is not visible from a public street as required; common driveways may be considered as an alternative to the alley provided they meet the standards listed in UDC 1 1-5C-31),subject to alternative compliance approval. c. Depict minimum 24-foot wide street buffers along E. Crescendo St. and S. Apex Ave.,collector streets, in accord with UDC 11-3B-7C.2. d. Cross-access easements shall be depicted between all commercial lots in the subdivisions in accord with UDC 11-3A-3A.2. 3. The final plat submitted for Apex Southeast shall incorporate the following revisions: a. Include a note stating direct lot access via E. Lake Hazel Rd., S. Locust Grove Rd., E. Tower St. S. Vertex Way and E. Via Roberto St.is prohibited,except for those accesses approved by City of Meridian and Ada County Highway District. b. Depict minimum 20-foot wide street buffers along E.Tower St., S. Vertex Way and E. Via Roberto St.,collector streets,in accord with UDC l 1-3B-7C,2, c. Depict two(2) additional minimum 15-foot wide common lots for micro-bath connections to Discovery Park at the east boundary in Block .14. d. Cross-access easements shall be depicted between all commercial lots in the subdivisions in accord with UDC 11-3A-3A.2. 4.. The landscape plan submitted with the final plat application for Apex Northwest shall be revised as follows: a. Depict multi-use pathways in accord with the Pathways Master Plan as required by the Park's Dept. in Section IKE. Landscaping shall be depicted along either side of the pathways as set forth in UDC 11-3B-12C. b. Depict landscaping within all required street buffers along arterial and collector streets in accord with the standards listed in UDC 11-3B-7C. c. Include a calculations table listing the number of trees required vs. those proposed in common open space areas, street buffers,parkways, and along pathways that demonstrate compliance with the standards listed in LTDC 11-3G-3, 11-313-7C.3, 11-3B-12C respectively. d. Include mitigation information for any existing trees proposed to be removed from the site in accord with the standards listed in UDC l 1-3B-1 OC.5. e. 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 Page 55 Page 331 Item#11. construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC I 1-3.B-7C.5. A Iicense agreement for improvements within the right-of-way is required between the property owner and ACHD. f. Depict a gazebo with tables and benches as an amenity in Lot 32, Block 5; include a detail of the gazebo. 5. The landscape plan submitted with the final plat application for Apex Southeast shall be revised as follows: a. Depict multi-use pathways in accord with the Pathways Master Plan as required by the Park's Dept. in Section IX.E. Landscaping shall be depicted along either side of the pathways as set forth in UDC 11-313-12C. K Depict landscaping within all required street buffers along arterial and collector streets in accord with the standards listed in UDC 11-3B-7C. c. Include a calculations table listing the number of trees required vs. those proposed in common open space areas, street buffers,parkways,and along pathways that demonstrate compliance with the standards listed in UDC 11-3G-3, 11-3B-7C.3, 11-313-12C respectively. d. include mitigation information for any existing trees proposed to be removed from the site in accord with the standards listed in UDC 11-3B-IOC.5. e. If the unimproved right-of way is 10 feet or greater from the edge or 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 l 1-3B-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. f. Depict two(2)additional minimum 15-foot wide common lots with 5-foot wide micro-paths in Block 14 at the east boundary; depict landscaping on either side of the pathways in accord with the standards listed in UDC 1 1-3B-I2C. g. Depict the children's play equipment proposed in the central common area; include a detail of the play equipment. 6.. Future development shall be consistent with the 2ninimum dimensional standards listed in UDC Tables l I-2A-6, 1 1-2A-7 and 11-2B-3 for the R-8, R-15 and C-C zoning districts respectively. 7. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit; and for non-residential uses in accord with the standards listed in UDC 11-3C-6B.1. S, An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,building envelope, and orientation of the lots and structures accessed via cominon driveways; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 1 I-6C-3D. 9, Address signage shall be provided at the public street for homes accessed via common driveways for emergency way-finding purposes. 10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer signature,or.this information may be included in a note on the face of the plat. Page 56 - Page 332 Item#11. t 1. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the l0 foot wide multi-use pathways proposed within the site that are not located within right-of-way, prior to signature on the final plat by the City Engineer for the phase in which they are located. 12. 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 in the residential portion of the development; and for all.non-residential/commercial uses and structures. A Design Review application is required to be submitted for single-family attached units;one application can be submitted for the overall development if desired. 13. The qualified open space e*hihits for the FCsidentialiNr zoned portions of ApeN NOFthWeSt and Apex Southeast shall he revised pr-ier to the Connei ff4p depiet tir-eas that qualify per- the st&Fid&Fds imsted ki UDG 11 3G 39.if odd:fiana' qualified i needed,the Plat B, PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The north-south sewer line in the landscaped area of Block 5 (Apex NW)needs to be moved east to the paved access road, 1.2 No sewer or water lines have been shown to the lots in Block 7 (Apex NW), Each lot will need to have services provided. 1.3 Public Work's preference is to see all water utilities in the public right-of-way (R-D-W),where they can easily be operated and maintained. If the utilities truly cannot be installed in the public right-of- way,then our preference would be for utilities to be located in a dedicated and improved alley. If that cannot be accomplished,the applicant should work with Public Works for further solutions that meet both the developer's design constraints and Public Worlcs'inaintenance needs. t.4 This development will need to be modeled at final plat to verify each phase meets minimum fire flow pressures 1.5 From the preliminary geotechnical investigation of groundwater elevation provided in the application, it appears that groundwater may not be a factor with the development of this subdivision. The initial investigative report is dated April S, 21018, and additional data collection is recommended to confirm actual groundwater levels. Updated data and recommendations from a geoiechnical professional shall be required with the submittal of construction design drawings. 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 farms 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-f"eet wide for a single utility, or 30-feet wide for two. The easements shall not he 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 Page 57 Page 333 Item#11. 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 8112"x 11."map with bearings and.distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals,or drains,exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC I 1-3A-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 t208)334-2190. 2.8 Any existing septic systems within this prqjcct 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 for the residential portions of the development. 2.]0 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a pL-rformance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 1 I-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 Penritting 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 1-12-3H. Page 58 Page 334 Item#11. 217 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public works.aspx?id-272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the forn of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT Northwest: htUrs:llnfebliii .orer-isliaircit,.orzlWebLinkJDocView.gWx?id=189722&dbirl=0&repo=MeridiynCi1y&cr=1 Southeast: hgpr:llweblink.meridianeih,.wg1WebLink1Qoe View.Wx?id 189784&dhid=0&repo=AIeridianCit1' D. POLICE DEPARTMENT hiULv:lAveblitik.iiieridicincitip.ot-L7lWebLinkIDoc View.g&_Y?id=190778&dbid=U&repo=Mer-idiynQtk E. PARK's DEPARTMENT Northeast: htWs:11weblink.naeridiancity.or lWebLinklDocView.aspx?id=191486&dbid=0&repo=Meridian City Southeast: https:11web1ink ineridiuncih'.oiy1WehLink1QocrView.aspa_?id=191487&dbid=0&repo=MericlianCUL, Page 59 Page 335 Item#11. F. WEST ADA SCHOOL DISTRICT(WASD) https:Ilweblinkmeridiancity.ory—MebLinklDvc View.aspx?id=190290&dhid=O&repo=MeridianCiq G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST II)AHO(COMPASS) Northwest: htlps:lltiveblirzk.r11er-idiancily.oMlWebLinklDoeView.aW.r?id=190975&dbid=0&repo=MeridianCity Southeast: httus:11weblink.meridiancim orglWebLinklDoc View._aspx_?id=190977&dbid=0&rgpo=MeridianCi0, H. ADA COUNTY HIGH WAY DISTRICT(ACHD) AZ/RZ: https:Ilweblink.meridiancity.or MebLinklDoc View.aspx?id=191226&dbid=0&repo=MeridianCity Northwest: hq s:llweblink.meridianeimoMlWebLinklDocView,aspx?id=192784&clbid=0&repo=Meridiancit Southeast: htWs:lltiveblink.rner-idiarzcity.or glWebLifiklDoeVieKy.aspx?id=192785&dbid=0&repo=Meridian City I. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink meridianc•ity.orglWeb.LinklDocView.aspx?id=189951&dbid=0&1-Cpo=Meridian City J. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) Northwest: htWs:11%veblink.nteridiancihy.otglWebLinklDoe View.aspx?id=190512&c1bid=O&repo=Meridiancy Southeast. https:llweblink.meridiarzc'it p.or glWebLinklDocVieKf.aspx?id=190510&dbid=0&repo=MeridianCity K. CENTRAL DISTRICT HEALTH DEPARTMENT Northwest: htWs:llweblink.meridiancltyl.otglWebLinklDoc View.aspx?id=190604&dbid=0&repo=Meridian City- Southeast: htlps:l/K,eblirak.mericliatrcih orglWebLinklDoeView.aspx?id=190605&dbid=0&repo=MeridianCitx L. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) haps:llweblink.nzeridiancity.orglWebLinklDoc View.aspx?id=190598&dbid=0&repo=MeridianCity X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: Page 60 Page 336 Item#11. 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Citi,Council finds the proposed zoning map amendment to RJR-8, R-15& C-C and proposed development is generally consistent ivith the Comprehensive Plan i f the Applicant complies with the provisions in Section IX. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Cite Council finds the proposed single-family allached and detached homes with front-loaded and alley-loaded options will contribute to the range of'housing opportunities in the City; other residential tvpes may be provided i ith f eture phases o/'developmenl. The City Council finds the commercial portion o/'the proper67 will provide,for the retail and servk•c needs of the communio,in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public.health, safety,and welfare; Die City Council_inds the proposed zoning map amendment.should not he detrimental to the public health, safety and ivelfare. 4.. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The On, Council finds the proposed zoning Wrap amendment will not result in an adverse impact on the delivery of services by anti political subdivision providing public•services within the Citv. 5. The annexation(as applicable)is in the best interest of city. . Not applicable B. Preliminary Plat Findings: in consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the fallowing findings: 1. The plat is in conformance with the Comprehensive Plan; The Cih, Council finds that the proposed preliminary plats, with recommended conditions, are in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivityl. (Please see Comprehensive Plan Policies in, Section V ql this report.for more information.) P. Public services are available or can be made available and are adequate to accommodate the proposed development; The Cite Council finds that public.se114ces will be provided to the subject properties proposed to be subdivided with development. (See Section IX of the Staff Report far more details ftnrrr public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because Citv water and server and any other utilities will be provided by the development at their own cost, the Cite Council finds that the subdivision will not require the expenditure of capital improvement fiends. Page 61 - Page 337 Item#11. 4. There is public financial capability of supporting services for the proposed development; The City Council f nds there is public,financial capability of supporting sen4ces for the proposed development based upon commenis,f-o►n the public service providers (i.e., Police, Fire, A CHI}, etc.). (See Section Nfor more igfo►mation_) a. The development will not be detrimental to the public health, safety or general welfare; and. The City, Council is not aware of am health. safe(},, or enVir-orzmental problems associated with the platting of this property. ACHE considers road safety issues in their-arrcalksis. 6. The development preserves significant natural,scenic or historic features. The City Council is unaware ofanr significant natural, scenic or historic,fealures that exist on this site that require preserving. Page 62 Page 338 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Grantee Agreements for the Meridian Small Business Grant Program APPROVED Page 339 Item#12. E IDIAN:-�- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: December 22, 2020 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program Recommended Council Action: Approve 20 Grantee Agreements for the Meridian Small Business Grant Program. The following Grantees have been approved through the Municipal Small Business Grant Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act funding. The Grantees, grant amounts, and grant purposes are listed below: Case Name AmountPPE Testing Invent. Equip. Rent Utilities tither Approved Alma Sports $6,770.20 X X Remote 24/7 Entry Dreamland Learning Center $10,000.00 X Fresh Face Aesthetics LLC $2,750,00 X Idaho TV 22 LLC $3,034.08 X X Memorable Moments R Us $1,641.95 X Touchless Photo App Salon G $10,000.00 X X Small Hands LLC $3,171.00 X UV,Fi€tration The Learning Garden Children's Center $3,006.81 X K&L Affairs LLC dba F45 Meridian West (Amendment) $5,000.o0 X Larson Enterprises LLC (Amendment) $5,000.00 X McTime,Inc.(Amendment) $5,000.00 X MS Administrative Services,Inc. (Amendment) $5,000.00 X Phoenix Fire Games (Amendment) $5,000.00 X Primetime Child&Family Education Center(Amendment) $5,748.63 X RS Physical Therapy (Amendment) $5,000.00 X Silverstone Properties LLC(Amendment) $5,000.00 X SLID LLC(Amendment) $4,856.95 X Sports Fan Corp dba Pro Image Sports(Amendment) $5,000.00 X Treasure Valley Strength&Conditioning LLC(Amendment) $5,000.00 X TV Meridian Pita LLC(Amendment) $5,000.00 X Background: This is the fourth group of Agreements for approval under the Meridian Small Business Grant Program, created through the City Council designation of$1 million of the City's CARES Act funding allocation. Following staff review of applications and confirmation of business/organization eligibility and documentation of qualifying business expenses,grant applications are sent to a Review Committee comprised of the Chief of Staff, Finance Director, and a representative from the Chamber of Commerce Economic Development Committee. Page 340 Item#12. While the State Controller's Office approved the City's program parameters and eligibility criteria, the City has chosen to secure State approvals and funding for each application prior to releasing funds to grantees. Previously,Agreements have been submitted for Council approval following State approval. In an effort to expedite the lengthy approval process, staff is recommending these Agreements for approval prior to receiving State approval and funding. The Agreement stipulates that the City's obligation is provisional and funding is subject to State approval and release of CARES Act funds to the City. This provision allows the Council to approve these Agreements and avoid additional delays in disbursing funds to businesses. Upon State approval and funding and City execution, draw requests will be submitted to the Finance Department for grant disbursements. This is also the first group of approvals that includes Amendments to original Agreements. The City Council increased the maximum grant amount to $15,000 on November 24, allowing previously-approved applicants to apply for additional funding for qualifying expenses that had not been reimbursed previously.All provisions of the master Grant Agreement remain in effect, including the provisional approval mentioned above. Page 341 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND ALMA SPORTS LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 22nd day of December .2020 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Alma Sports LLC, a limited liability company organized under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the"CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-1 9-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS,it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW, THEREFORE,in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Six Thousand, Seven Hundred, Seventy dollars and Twenty cents ($6,770.20), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. B. Current eligibility.Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. MSBG GRANTEE AGREEMENT PAGE 1 Page 342 Item#12. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders,need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding.It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement MSBG GRANTEE AGREEMENT PAGE 2 Page 343 Item#12. are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Alma Sports LLC Attn: Economic Development Administrator Attn: Mark Phillips, Owner 33 E. Broadway Avenue 1678 SE 5th Way Meridian, Idaho 83642 Meridian, ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of,resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed,religion, ancestry,national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause,which shall include,but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement,the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or directive as may become applicable at any time; MSBG GRANTEE AGREEMENT PAGE 3 Page 344 Item#12. b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall,within fourteen(14)days of City's demand,reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time,notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the 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 parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Alma Sports Mark Phillips, Owner/Manager CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk MSBG GRANTEE AGREEMENT PAGE 4 page 345 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount June Rent-$9w0 Partial Payment,Prorated 329.94 July Rent- Partial Payment 937.00 August Rent-Partial Payment 600.00 September Rent- Partial Payment 837.00 October Rent-Partial Payment 987.00ii November Rent 1037.00 Member Entry System 1200.00 Member Entry System 35.00 €daho Power-July(84.84) Prorated 14.63 Idaho Power-August 103.54 Idaho Power-September 117.92 Idaho Power- October 84.48 Idaho Power- November 76.49 Sparklight-June (74.66)Prorated 27.37 Sparklight-July 77.33 Sparklight-August 76.00 Sparklight-September 79.00 Sparklight-October 75.11 Sparklight-November 75.39 Total Eligible Expenses 6,770.20 GRANT AWARD $6,770.20 MSBG GRANTEE AGREEMENT PAGE 5 Page 346 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND DREAMLAND LEARNING CENTER,INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this '3 0 day of,&/„,/, \„"(2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho("City") and Dreamland Learning Center, Inc., a general business corporation organized under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40,from the Coronavirus Relief Fund,designated within Title V, section 5001 of the Coronavirus Aid,Relief, and Economic Security Act,P.L. 116-136,42 U.S.C. § 601 et seq. (the"CARES Act"),the State of Idaho-("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020,City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07,2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State,Territorial,Local,and Tribal Governments(Dated June 30,2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines(collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds,including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS,it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee,is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW, THEREFORE,in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Ten Thousand Dollars($10,000.00),for the approved expenses,as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. MSBG GRANTF_E AGREEMENT PAGE I Page 347 Item#12. 2. Grantee is a business operating in the City of Meridian,Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g.,local closure orders, need for personal protective equipment, social distancing requirements,increased costs,disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30,2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders,laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason,Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG fiinds awarded for the approved expenses, as set forth in Exhibit A,up to ten thousand dollars($10,000.00),within thirty (30)days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terns of this Agreement or law; and/or audit by City, State,or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5)years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose,availability of MSBG funds to City, and thus to Grantee,is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City,City shall have no contractual,legal, or equitable obligation to Grantee,whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement MSBG GRANTEE AGREEMENT PAGE 2 Page 348 Item#12. are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served,or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Dreamland Learning Center, Inc. Attn: Economic Development Administrator Attn: Susan Ehteshami,President 33 E. Broadway Avenue 2501 N. Stokesberry Place Meridian, Idaho 83642 Meridian, ID 83646 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions,liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials,officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of,resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color,creed,religion, ancestry,national origin, sex, disability or other handicap, age,marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five(5)days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement,in whole or in part,may occur for cause,which shall include,but shall not be limited to,the following: a. Failure to comply with any provision of this Agreement,the MSBG Rules, or any rule, regulation, statute,executive order, or U.S. Treasury, State,or City guideline,policy or directive as may become-applicable at any time; MSBG GRANTEE AGREEMENT PAGE 3 Page 349 Item#12. b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of finds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void, and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall,within fourteen (1.4) days of City's demand,reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term,and any right or remedy hereunder may be asserted at any time,notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the 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 parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Dre land Learning ent ,Inc. Susan Ehteshami, President CITY: City of Meridian Attest: By: Robert E. Simison,Mayor Chris Johnson,City Clerk MSBG GRANTEE AGREEMENT PAGE 4 Page 350 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Arnount Rent-July 12,000.00 Idaho Power-June(511.98)Prorated 105.93 Idaho Power-July 515.47 Idaho Power-August 535.28 Idaho Power-September 382.50 lnterMountain Gas-July 12.07 InterMauntain Gas-August 11.00 InterMountain Gas-September 13.13 Century Link-July 196.93 Century Link-August 204.03 Century Link-September 201.35 Total Eligible Expenses 14,177.69 GRANT AWARD $10,000.00 MSBG GRANTEE AGREEMENT PAGE 5 Page 351 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND FRESH FACE AESTHETICS LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 22nd day of December, 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Fresh Face Aesthetics LLC, a limited liability company organized under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Two Thousand, Seven Hundred, Fifty Dollars ($2,750.00), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that MSBG GRANTEE AGREEMENT PAGE 1 page 352 Item#12. Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to ten thousand dollars ($10,000.00),within thirty (30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until MSBG GRANTEE AGREEMENT PAGE 2 page 353 Item#12. the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Fresh Face Aesthetics LLC Attn: Economic Development Administrator Attn: Ashley Johnson, Governor/Registered Agent 33 E. Broadway Avenue 82 S. Baltic Avenue Meridian, Idaho 83642 Meridian, ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry,national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, MSBG GRANTEE AGREEMENT PAGE 3 page 354 lation,statute,executive order,or U.S.Treasury,State,or City guideline,policy or Item#1JJ,tivebecome applicable at any time; re to fulfill in a timely and proper manner its obligations under this Agreement; c. per use of funds provided under this Agreement;or d. Submission of receipts,reports,or documents that arc incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void,and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall,within fourteen(14)days of City's demand,reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term,and any right or remedy hereunder may be asserted at any time,notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement,Grantee shall comply with any and all applicable federal,state,and local laws. YL Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the 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 parties hereto may amend this Agreement at any time provided that such amendments are executed in writing,approved by City's governing body,and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Fresh Face thetics LLC Asliky-j'oh6so4 dov&nor egistered Agent CITY: City of Meridian Attest: By.Robert E.Simison,Mayor Chris Johnson,City Clerk MSBG GRANTEE AGREEMENT PAGE 4 Page 355 Scanned with CamScanner Item#12. EXHIBIT A: APPROVED EXPENSES Elig;ble Expense Amount July Rent 550.00 August Rent 550.00 September Rent 550.D0 October Rent 550_00 November Rent 550_DO Total Eligible Expenses 2.750.00 GRANT AWARD 5 ,750.00 MSBG GRANTEE AGREEMENT PAGE 5 Page 356 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND IDAHO TV 22 LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 22ndday of December, 2020 by and between the City of Meridian,a municipal corporation organized under the laws of the state of Idaho("City") and Idaho TV 22 LLC, a limited liability company organized under the laws of the State of Idaho("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR 200.40, from the Coronavirus Relief Fund,designated within Title V, section 5001 of the Coronavirus Aid, Relief,and Economic Security Act,P.L. 116-136,42 U.S.C. § 601 et sect. (the"CARES Act"),the State of Idaho ("State")created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07,2020-08, and 2020-08A;U.S. Treasury's Coronavirus Relief Fund Guidance for State,Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines(collectively,"MSBG Rules"); and WHEREAS,Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS,it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these finds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Three Thousand, Thirty-four Dollars and Eight Cents($3,034.08), for the approved expenses,as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. MSBG GRANTEE AGREEMENT PAGE I Page 357 Item#12. 2. Grantee is a business operating in the City of Meridian,Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders,need for personal protective equipment, social distancing requirements,increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20,2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-I9 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10.Grantee is compliant in all respects with all COVID-19 related orders,laws, ordinances,and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason,Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement,Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to ten thousand dollars($10,000.00),within thirty (30)days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State,or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law,City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five(5)years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II.GENERAL CONDITIONS A. Contingent an funding.It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee,is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City,City shall have no contractual, legal, or equitable obligation to Grantee,whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement MSBG GRANTEL AGREEMENT PAGE 2 Page 358 Item#12. are not:made available to City,this Agreement shall be void, and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable clairn. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Idaho TV 22 LLC Attn: Economic Development Administrator Attn: Harley Parson, General Manager 33 E. Broadway Avenue 1319 N. MIDTOWN ST Meridian, Idaho 83642 MERIDIAN, ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees,agents, contractors, officials,officers, servants, guests,and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants,guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of,resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown,and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards,as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed,religion,ancestry,national origin, sex, disability or other handicap, age,marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five(5)days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination,giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement,in whole or in part, may occur for cause,which shall include, but shall not be limited to,the following: a. Failure to comply with any provision of this Agreement,the MSBG Rules, or any rule, regulation, statute,executive order, or U.S. Treasury, State,or City guideline,policy or directive as may become applicable at any time; MSBG GPANTEE AGREEMENT PAGE 3 Page 359 Item#12. b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; C. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen (14) days of City's demand,reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any tenn of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term,and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the 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 parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Idaho TV 22 LLC Harley Parson, General Manager/Member CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk MSBG GRANTEE AGREEMENT PAGE 4 Page 360 Item#12. EXHIBIT A- APPROVED EXPENSES Eligible Expense Amount Sparklight-September 231.15 Sparklight-October 42.24 Sparklight-November 120.09 CenturyLink-June('120.98)Prorated 124.68 CenturyLink-July 128.98 CenturyLink-August 128.98 CenturyLink-September 128.98 CenturyLink-October 128.98 Rent-Juiy 500.00 Rent-August 500.00 Rant-September 500.00 Rent-October 500.00 Total Eligible Expenses 3,034.08 GRANT AWAR0 $3,034.08 MS$G GRANTEE AGREEMENT PAGE 5 Page 361 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND RICHARD RHINES,AN INDIVIDUAL,DOING BUINESS AS MEMORABLE MOMENTS R US FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 14th day of December, 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Richard Rhines, an individual doing business as Memorable Moments R Us, an assumed business name filed under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed One Thousand, Six Hundred, Forty-one Dollars and Ninety-five Cents ($1,641.95), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAGE 1 page 362 Item#12. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to ten thousand dollars ($10,000.00), within thirty (30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other MSBG GRANTEE AGREEMENT PAGE 2 page 363 Item#12. legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Memorable Moments R Us Attn: Economic Development Administrator Attn: Richard Rhines, Owner 33 E. Broadway Avenue 2086 W Santa Clara Drive Meridian, Idaho 83642 Meridian, ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or MSBG GRANTEE AGREEMENT PAGE 3 page 364 Item#12. directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the 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 parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Richard Rhines doing bus' s as emorable Moments R Us Richard Rhines, Owner CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk MSBG GRANTEE AGREEMENT PAGE 4 page 365 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Touchless Photo Booth Software 299.00 Photo Booth Vehicle - July 268.59 Photo Booth Vehicle -August 268.59 Photo Booth Vehicle - September 268.59 Photo Booth Vehicle - October 268.59 Photo Booth Vehicle - November 268.59 Total Eligible Expenses 1,641.95 GRANT AWARD $1,641.95 MSBG GRANTEE AGREEMENT PAGE 5 page 366 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND SALON G FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 22nd day of December' 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Salon G, a sole proprietorship owned by Virginia Patterson, organized under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Ten Thousand Dollars ($10,000.00), for the approved expenses, asset forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. MSBG GRANTEE AGREEMENT PAGE 1 page 367 Item#12. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to ten thousand dollars ($10,000.00),within thirty (30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to MSBG GRANTEE AGREEMENT PAGE 2 page 368 Item#12. Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Salon G Attn: Economic Development Administrator Attn: Virginia Patterson, Owner 33 E. Broadway Avenue 953 W. Yosemite Drive Meridian, Idaho 83642 Meridian, ID 83646 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; MSBG GRANTEE AGREEMENT PAGE 3 page 369 Item#12. c. improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3_ Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen (14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. 1. Non-waiver. Failure of either party to promptly enforce the strictperformance of any term of this Agreement shall not constitute a waiver or relinquishment of an p arty's rig ht to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time,notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the 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 parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Salon G a� Virginia tterson, Owner CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson,City Clerk PA(IE Page 370 MSBG GRANTEE AGREEMENT Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount June Rent (1827.97) Prorated 670.13 July Rent 1827.97 August Rent 1827.97 September Rent 1827.97 October Rent 1827.97 November Rent 1827.97 Idaho Power - July (183.72) Prorated 82.42 Idaho Power-August 243.46 Idaho Power- September 226.06 Idaho Power - October 172.75 Total Eligible Expenses 10,534.67 GRANT AWARD $10,000.00 MSBG GRANTEE AGREEMENT PAGE 5 page 371 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND SMALL HANDS LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this_ day of � 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Small Hands LLC, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed three thousand one hundred seventy one dollars ($3,171), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAGE I Page 372 Item#12. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to ten thousand dollars ($10,000.00),within thirty (30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. H. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no MSBG GRANTEE AGREEMENT PAGE 2 Page 373 Item#12. contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian Small Hands LLC Attn: Economic Development Administrator ATTN: Conndra Steeves, Owner 33 E. Broadway Avenue 7035 N Linder Rd Meridian, Idaho 83642 Meridian, ID 83646 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or MSBG GRANTEE AGREEMENT PAGE 3 Page 374 Item#12. directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the 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 parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Small Hands LLC O�Q)_L6 � Comdra Steeves, Owner CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk MSBG GRANTEE AGREEMENT PAGE 4 Page 375 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount UV lights and zones added to increase air flow 1946.00 and clean air Carpet Cleaning 1225.00 Total Eligible Expenses 3,171.00 MSBG GRANTEE AGREEMENT PAGE 5 page 376 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND THE LEARNING GARDEN CHILDREN'S CENTER,LLC FOR IDAHO REBOUNDS — MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 22nd day of December, 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and The Learning Garden Children's Center, LLC, a limited liability company organized under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Three Thousand, Six Dollars and Eighty-one Cents ($3006.81), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAGE 1 page 377 Item#12. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to ten thousand dollars ($10,000.00), within thirty (30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other MSBG GRANTEE AGREEMENT PAGE 2 page 378 Item#12. legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian The Learning Garden Children's Center Attn: Economic Development Administrator Attn: Shanalee Graver, Manager 33 E. Broadway Avenue 1322 E. Overland Rd. Meridian, Idaho 83642 Meridian, ID 83646 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or MSBG GRANTEE AGREEMENT PAGE 3 page 379 Item#12. directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports,or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void,and City shall have no obligation to Grantee,whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall,within fourteen(14)days of City's demand,reimburse City for all MSBG funds disbursed. A. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term,and any right or remedy hereunder may be asserted at any time,notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal,state,and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the 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 parties hereto may amend this Agreement at any time provided that such amendments are executed in writing,approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year fast above written. GRANTEE: The Learning Garden Children's Center, LLC . .ram a1t-- AAa " Shanalee Graver,Manager CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson,City Clerk MSBG GRANTEE AGREEMENT PAGL 4 Page 380 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Sparklight-June (112.20) 67.32 Sparklight-July 112.36 Sparklight-August 114.93 Sparklight-September 117.30 Sparklight-October 114.08 Sparklight-November(121.15) 113.15 Intermountain Gas- July(36.76) 19.46 Intermountain Gas-August 18.79 Intermountain Gas- September 20.36 Intermountain Gas- October 40.66 Intermountain Gas- November 85.39 Idaho Power- July 570.81 Idaho Power-August 683.87 Idaho Power- September 524.23 Idaho Power- October 404.11 Total Eligible Expenses 3,006.81 GRANT AWARD $3,D08.81 MSBG GRANTEE AGREEMENT PAGE 5 page 381 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND K&L AFFAIRS LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and K&L Affairs LLC for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 22ndday of _December , 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and K&L Affairs LLC, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as lbllows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: K `L Affairs LLC AAA(1%m 10 t,�_( _ Li d ay Winde , Owner/Manager CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 382 FIRST AMENDMENT TO MSBG AGREEMENT PAGE I Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Rent-July 6646.39 Rent-August 6646.39 Total Eligible Expenses 13,292.78 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent-September 6756.66 Total Eligible Expenses 6,756.66 Approved Amount 5,000.00 Page 383 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND LARSON ENTERPRISES LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Larson Enterprises LLC for Idaho Rebounds—Municipal Small Business Grant Funds("First Amendment") is entered into this 12 day of December ,2020("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho( "City")and Larson Enterprises LLC,a Limited Liability Corporation organized under the laws of the state of Idaho("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds("Agreement"); NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses,as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. It. SECTION LD AMENDED.Section I.D of the Agreement shall be amended to read as follows: D.Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses,as set forth in Exhibit A,up to fifteen thousand dollars($15,000.00),within thirty (30)days of receipt of the specified funds by City. III.No ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment,all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Larson Ente ices LC Hunter Larson,owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison,Mayor Chris Johnson,City Clerk FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Page 384 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Rent-August 2613.25 Rent-September 2613.25 Rent-October 2613.25 Rent- November 2716.37 Total Eligible Expenses 10,556.12 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent-July 2613.25 Rent-December 2716.37 Total Eligible Expenses 5,329.62 Approved Amount 5,000.00 Page 385 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND METIME INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and McTime Inc. for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this_ ' day of 2020 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and McTime Inc., a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A.of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION LD AMENDED. Section I.D of the Agreement.shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: McTime Inc. Bet 1paugh, Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 386 FIRST AMENDMENT TO MSBG AGREEMENT PAGE I Item#12. IT A: APPROVED EXPENSES Previously Requested Expenses --1 Eligible Expense Amount Rent - July 5782.92 Rent - August 5782.92 Total Eligible Expenses 11,565.84 Approved Amount 10,000, )0 Current Request Eligible Expense Amount Rent- September 9415.41 Total Eligible Expenses 9,415.41 Approved Amount 5,000.00 Page 387 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND M S ADMINISTRATIVE SERVICES, INC. FOR IDAHO REBOUNDS —MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and M S Administrative Services, Inc. for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 14 day of December , 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and M S Administrative Services, Inc., a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L SECTION I.A.AMENDED. Section LA of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION LD AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: M S Administrative Services, Inc. Fernando Veloz, Chief FfWancial Officer CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 388 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount PPE Equipment 79.52 Rent-August 5275.67 Rent-Office Relocation 2800.00 Utilities-Avoid Business Interruption 665.95 Utilities-Avoid Business Interruption 1100.00 Utilities-Avoid Business Interruption Clean 435.00 Total Eligible Expenses 10,356.14 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent-September 5275.67 Total Eligible Expenses 5,275.67 Approved Amount 5,000.00 Page 389 FIRST AMENDMENT TO MSBG AGREEMENT PAWP 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND PHOENIX FIRE GAMES FOR IDAHO REBOUNDS —MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Phoenix Fire Games for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 1 q"'day of v\Vkr , 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and Phoenix Fire Games, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. U. SECTION LD AMENDED. Section LD of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Phoenix Fire Games Sean Wainwrig , Co-Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Page 390 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Rent-July 3811.75 Rent-August 3811.75 Rent-September 3811.75 Total Eligible Expenses 11,435.25 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent-October 3811.75 Rent- November 3811.75 Total Eligible Expenses 7,623.50 Approved Amount 5,000.00 Page 391 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND PRIMETIME CHILD AND FAMILY EDUCATION CENTER FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Primetime Child and Family Education Center for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 11 day of�Wembe� , 2020("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and Primetime Child and Family Education Center, a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand seven hundred forty eight dollars and sixty four cents ($5,748.64), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: P ' time Child and am' y Education Center cy Lind �, rll etime Child an amily ucation.Center, ine CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Page 392 L!m#12. BIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount September Rent to Callahan Investments 3750.00 August Rent to Callahan Investments 3750.00 Non-Contact Thermometers(6) 174.87 Allstream -Phone,Internet-August 247.91 Allstream-Phone,Internet-September 263.70 Allstream -Phone, Internet-October 263.70 Idaho Power-August 245.43 Idaho Power-September 221.57 Idaho Power-October 169.18 Intermountain Gas-August 55.00 Intermountain Gas-September 55.00 Intermountain Gas-October 55.00 Total Eligible Expenses 9,251.36 Current Request Eligible Expense Amount Rent-October 3750.00 Rent- November 3750.00 Total Eligible Expenses 7,500.00 Approved Amount 5,748.64 FIRST AMENDMENT TO MSBG AGREEMENT Page 393 PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND RS PHYSICAL THERAPY PC FOR IDAHO REBOUNDS —MUNICIPAL SMALL',BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and RS Physical Therapy PC for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this day of ,,.,( , 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and RS Physical Therapy PC, a professional service corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS, the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agre ment"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION LD AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: RS Phy ' Therapy PC Ran4 Lang y, 06nelresident CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 394 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Re guested Expenses Eligible Expense Amount Rent-Ju►y 3306.67 Rent-August 3306.67 Rent-October 3306.67 PPE-Plastic Shield 71,11 Total Eligible Expenses 10,000.00 Current Request Eligible Expense Amount Rent-September 3306.67 Rent-November 3306.67 Total Eligible Expenses 6,613.34 Approved Amount 5,000.00 Page 395 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND SILVERSTONE PROPERTIES LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Silverstone Properties LLC for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 10/'day of ,h ,• N , 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and Silverstone Properties LLC, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION LD AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Silverstone Properties LLC Clark Nielsen, Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 396 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#12. EXHIBIT A: APPROVED EXPENSES Original Request Eligible Expense Amount Rent-July 2500.00 Rent-August 2500.00 Rent-September 2500.00 Rent-October 3500.00 Total Eligible Expenses 11,000.00 Approved Amount 10,000.00 Current Re guest Eligible Expense Amount Rent- November 3500.00 Rent-December 3500.00 Total Eligible Expenses 7,000.00 Approved Amount 5,000.00 Page 397 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND SLD LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and SLD LLC for Idaho Aebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this N day of ye-60,h1 V, 2020("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and SLD LLC, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds("Agreement"); NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed four thousand eight undred fifty six dollars and ninety five cents($4,856.95), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding,whether oral or written,whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: SLD LLC San Le CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 398 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#12. EAB IBIT A: APPROVED EXPENSES Previously Re nested Expenses Eligible Expense Amount Rent-July 3399.76 Rent-August 3399.76 Rent-September 3399.76 Total Eligible Expenses 10,199.28 Recommended Amount 10,000.00 Current Request Eligible Expense Amount Rent-June 1257.91 Rent-July 199.28 Rent-October 3399.76 Total Eligible Expenses 4,856.95 Page 399 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND SPORTS FAN CORPORATION DBA PRO IMAGE SPORTS FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Sports Fan Corporation dba Pro Image Sports for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 22ndday of December , 2020("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Sports Fan Corporation dba Pro Image Sports, a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: S ion its Travis Hawkes, Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Page 400 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Rent-September 5416.67 Rent-October 5416.67 Total Eligible Expenses 10,833.34 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent-August 5416.67 Rent-November 5416.67 Total Eligible Expenses 10,833.34 Approved Amount 1 5,000.00 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Page 401 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND TREASURE VALLEY STRENGTH & CONDITIONING LLC FOR IDAHO REBOUNDS — MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and TREASURE VALLEY STRENGTH & CONDITIONING LLC for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 11 day of December , 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho "City") and TREASURE VALLEY STRENGTH & CONDITIONING LLC, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION LD AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: TREASURE VALLEY STRENGTH & CONDITIONING LLC sMh Conger SETH CONDER, MANAGING MEMBER CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 402 FIRST AMENDMENT TO MSBG AGREEMENT PAGE I Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Rent - July 3113.95 Rent -August 3113.95 Rent - September 3113.95 Idaho Power- August 251.35 Idaho Power- September 252.77 Idaho Power- October 197.05 Total Eligible Expenses 10,043.02 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent - October 3113.95 Rent -November 3113.95 Total Eligible Expenses 6,227.90 Approved Amount 5,000.00 Page 403 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND TV MERIDIAN PITA LLC FOR IDAHO REBOUNDS--MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and TV Meridian Pita LLC for ,- Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this day of zcc w. t',tr , 2020 ("Effective Date"),by and between the City of Meridian,, a municipal corporation organized under the laws of the State of Idaho ( "City") and TV Meridian Pita LLC, a Limited Liability Company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds("Agreement"); NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section LA of the Agreement shall be amended to read as follows: A_ Activities. Grantee shhaIl use City's MSBG funds in an amount not to exceed five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SECTION LD ANYIENDED. Section LD of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00),within thirty (30) days of receipt of the specified funds by City. III.No ADDITIONAL MODIFICATIONs. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect_ No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written_ GRANTEE. TV Meridian Pita LLC IU�m&Z3 Ashley Smith, Owlier CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 404 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Rent-September 4546.28 Rent-October 4546.28 Rent-November 4546.28 Total Eligible Expenses 13,638.84 Approved Amount 10,000.00 Current Request Eligible Expense Amount Rent-November 3638.84 not previously reimbursed Rent-August 4546.28 Total Eligible Expenses 8,185.12 Approved Amount 5,000.00 Page 405 Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: City Utilities Reimbursement Agreement Between the City of Meridian, Idaho Transportation Department, and CenterCal LLC for City Water Utility Improvements Necessitated by Meridian Town Center (Village) STAR Program Phase 3 Improvements APPROVED Page 406 Item#13. Mayor Robert E. Simison E IDIAN*-� City Council MembersBernt Tre Bernt Joe Borton Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Tyson Glock Staff Engineer DATE: December 14, 2020 SUBJECT: CITY UTILITIES REIMBURSEMENT AGREEMENT FOR UTILITY ABANDONMENT AND RELOCATION IN CONJUNCTION WITH THE MERIDIAN TOWN CENTER PHASE 3 PROJECT (EAGLE RD WIDENING FROM FRANKLIN RD TO LESLIE DRIVE). I. RECOMMENDED ACTION A. Move to: Approve the City Utilities Reimbursement Agreement for utility relocating and abandonment in conjunction with the Meridian Town Center Phase 3 Project (City of Meridian Project 11079). II. DEPARTMENT CONTACT PERSONS Tyson Glock, Staff Engineer 208-489-0358 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Dale Bolthouse, Director of Public Works 208-985-1257 III. DESCRIPTION A. Backaound CenterCal is widening Eagle Road between Franklin Road and Leslie Drive to include a third lane on the south bound side of the road. This is Phase 3 of the Meridian Town Center project. As a result, all utilities that are currently located where the new south bound lane will be constructed must be removed. Per the Utilities Reimbursement Agreement, CenterCal would include City water abandonment and relocation in the bid package as part of their project. B. Proposed Project Page 407 Page I of 2 Item#13. This project includes the abandonment and relocation of water lines. The City is also taking this opportunity to sleeve water crossings across Eagle Rd to reduce impact of potential main breaks. IV. IMPACT A. Strategic Impact: This project aligns with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. The construction impacts on the residents are being minimized by partnering with CenterCal. B. Fiscal Impact: The current cost estimate for the City of Meridian infrastructure abandonment and relocation is $815,500. The funds have been committed to the Water main Replacement account, 60-3490-95000 for the Fiscal Year 2021. V. TIME CONSTRAINTS CenterCal plans to bid this project in February of 2021. City approval of this agreement is required for CenterCal to include the waterline abandonment and relocation as part of their project. VI. ALTERNATIVES A. The City could choose not do a Utility Reimbursement Agreement and bid out the project separately from CenterCal. i. Due to the number of utilities existing and relocating to the west side of Eagle Rd, there is a high level of complexity with scheduling when work needs to be done and by whom. Additionally, storm drain infrastructure is being installed in the ROW which will require coordination with the water line installation.Having a single contractor in charge of scheduling and construction will minimize delays and conflicts in the field. If a Utility Reimbursement Agreement is not utilized it would mean additional lane shutdowns, more inconvenience to the travelling public, and likely higher cost to Meridian rate payers. VI. LIST OF ATTACHMENTS A. Utility Reimbursement Agreement Approved for Council Agenda: Page 408 44L��- Page 2 of 2 Item#13. CITY UTILITIES REIMBURSEMENT AGREEMENT Meridian Town Center Phase 3 This CITY UTILITIES REIMBURSEMENT AGREEMENT("Agreement")is made and entered into this 22nd day of December 2020 ("Effective Date"), by and among the CITY OF MERIDIAN, a municipal corporation of the State of Idaho("City");the IDAHO TRANSPORTATION DEPARTMENT, an executive department of the state of Idaho("ITD");and Meridian CenterCal,L.L.C.,a Delaware limited liability company("Developer"). RECITALS A. Developer is developing a retail complex facility at the intersection of Eagle Road and East Fairview Avenue in Meridian, Idaho. B. ITD and Developer are parties to that certain Sales Tax Anticipation Revenue Reimbursement Agreement dated September 23',2011, as amended("STAR Agreement"). C. Pursuant to the STAR Agreement, Developer is constructing certain improvements to Eagle Road, the "Phase 3" improvements (the "Phase 3 Eagle Road Improvements"), within the scope and meaning set forth in the STAR Agreement. D. City has identified certain City utility improvements that City desires to be included within the Phase 3 Eagle Road Improvements being carried out by Developer. F. The parties desire to enter into this Agreement to address the terms for reimbursement to Developer for costs incurred by Developer in connection with the installation of the identified City utility improvements as set forth in this Agreement. AGREEMENT NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto and the recitals set forth above,which are hereby acknowledged by the parties as true and correct and incorporated herein,the parties agree as follows: 1. Water Main Improvements. a) City desires to complete the abandonment and relocation of certain water main infrastructure as described in Exhibit A(the"Utility Improvements"), and requests that the Utility Improvements be considered for inclusion in the Phase 3 Eagle Road Improvements. City will designed the Utility Improvements and provide the drawings and specifications for the construction of the Utility Improvements(the"Construction Documents"). Developer agrees to include the construction of the Utility Improvement in accordance with the Construction Documents in the bid package for the Phase 3 Eagle Road Improvements. b) City's current estimated cost for the Utility Improvements is eight hundred and fifteen thousand five hundred Dollars ($815,500); however, the parties acknowledge and agree this is only an estimate and the actual cost of the Utility Improvements may be greater or less than City's estimate. c) Promptly after the bidding of the Phase 3 Eagle Road Improvements pursuant to the STAR Agreement, Developer shall furnish City with: (i) an abstract of all bids received for the Utility CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page l of page 409 Item#13. Improvements;(ii)the City's portion of the bid that Developer proposes for inclusion of the Utility Improvements into the construction contract for the Phase 3 Eagle Road Improvements (the "Utility Bid"); and(iii)the date that City must respond to Developer,which date must not be less than five (5) business days after City's receipt of the bid abstract and Utility Bid(the "Response Deadline").City agrees to promptly review the information provided by Developer,and Developer agrees to reasonably consult with City regarding the Utility Bid. d) On or before the Response Deadline, City will provided Developer and ITD with a written notice stating that: (i)City approves the Utility Bid(an"Approval Notice")or(ii)City does not approve the Bid (a "Disapproval Notice"). If City timely delivers an Approval Notice, then Developer agrees to accept the Utility Bid and include the same in the award of the construction contract for the Phase 3 Eagle Road Improvements. If City timely delivers a Disapproval Notice, then this Agreement will terminate and no party will have any further obligations hereunder. City agrees that the City's failure to deliver a Disapproval Notice to Developer and ITD prior to the Response Deadline for any reason will constitute City's delivery of an Approval Notice as of the Response Deadline. e) City acknowledges that changes may be necessary for the proper and complete construction of the Utility Improvements, including, but not limited to, changes made necessary by site conditions and/or errors and omissions in the Contract Documents. City agrees to promptly respond to any request by Developer for a change order related to the Utility Improvements, and City agrees to respond by any deadline identified in the change order request (which deadline must not be less than five (5) business days after City's receipt of the request, absent urgent circumstances). City agrees that it will not unreasonably withhold its approval of any change order request. Change orders deemed reasonable would be: changes directed by the City of Meridian in writing,changes reasonably required by unforeseen site conditions, changes reasonably required by errors or omissions in the Contract Documents, and changes reasonably required by force majeure events. Additionally,prices of change order must represent market value for work to be performed(given the circumstances). If City does not timely approve any change order request, City will cooperate with Developer to promptly resolve City's concerns. Developer will not be under any obligation to incur any expense related to the Utility Improvements unless City first agrees to reimburse Developer for the expense. f) Upon substantial completion of the Utility Improvements, Developer will invoice City for the amount of the Utility Bid and the amount of any change orders approved by City (or that should have been approved by the City under this Agreement). City will pay the invoice in full within thirty(30) days of City's receipt thereof. g) Developer will assign all of the construction contractor's representations and warranties with respect to the Utility Improvements to City, and City agrees that City look to the construction contractor,not Developer, for enforcement of the representations and warranties. 2) General Terms. a) Project Costs. ITD acknowledges and agrees that the Utility Improvements are included within the "approved transportation improvements"described in the STAR Agreement.City has allocated and appropriated all funds necessary to make each of the reimbursement payments to Developer contemplated in this Agreement. Further, ITD acknowledges and agrees that Developer may include any unreimbursed "Project Costs" (as that term is defined in the STAR Agreement) that Developer incurs as a result of this Agreement in a sales tax rebate claim for reimbursement pursuant to the STAR Agreement. CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 2 of page 410 Item#13. b) Limited Effect of Agreement. The purpose of this Agreement is to set forth the terms for reimbursement to Developer for installing the Utility Improvements. This Agreement imposes obligations on City to reimburse Developer for Utility Improvements upon substantial completion of the improvements and invoice to City,as described herein. The Agreement also confirms ITD's agreement that the Utility Improvements that are not reimbursed by City are eligible for reimbursement pursuant to the STAR Agreement. This Agreement does not alter the terms in the STAR Agreement or impose any new obligations or liabilities on Developer,regarding the design or installation of improvements or otherwise. This Agreement does not alter any City approvals related to Developer's projects. This Agreement does not provide any new rights or remedies to City. c) Entire Agreement.This Agreement sets forth the entire understanding and agreement of the parties with respect to the reimbursement contemplated herein. Other agreements referenced herein are unaffected by the terms in this Agreement. d) Severability. If any provision of this Agreement will be held or deemed to be or will, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction because it conflicts with any other provision or provisions or any constitution or statute or rule of public policy, or for any other reason,such circumstances will not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance,or of rendering any other provision or provisions herein contained invalid,inoperative or unenforceable to any extent whatever. e) Notices. Except as otherwise provided in this Agreement, all notices, certificates or other communications hereunder will be sufficiently given when in writing and either mailed by first class mail,postage prepaid,with proper address as indicated below or sent by electronic mail. Any party may, by written notice, designate any address or addresses to which notices, certificates or other communications to it will be sent when required as contemplated by this Agreement. City City of Meridian Attn: City Attorney's Office 33 E. Broadway Ave. Meridian, Idaho 83642 ITD: Idaho Transportation Department Attn: Gary Inselman 3311 W. State Street P.O. Box 7129 Boise,ID 83707-1129 Developer: Meridian CenterCal LLC Attn: Sean Dennison 1960 E. Grand Avenue, Suite 400 El Segunda, CA 90245 and Givens Pursley LLP Attn: Jeff Bower 601 W. Bannock Street Boise,ID 83702 CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 3 of page 411 Item#13. Notice shall be deemed given upon actual receipt (or attempted delivery if delivery is refused), if personally delivered or rejected. f) Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. g) Governing Law.This Agreement will be governed exclusively by and construed in accordance with the laws of the State of Idaho. h) Exhibits. All exhibits hereto are hereby incorporated by reference as if fully set forth herein. [end of text; signatures and exhibits follow] CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 4 of page 412 Item#13. IN WITNESS WHEREOF,the parties have executed this Agreement, effective as of the Effective Date. CITY: CITY OF MERIDIAN, a municipal corporation of the State of Idaho By: Robert E. Simison Its: Mayor ITD: IDAHO TRANSPORTATION DEPARTMENT, an executive department of the state of Idaho By: Its: DEVELOPER: Meridian CenterCal, L.L.C., a Delaware limited liability company By: Sean Denni on Its: Senior Vice President and General Counsel CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 5 of page 413 Item#13. Exhibit A Utility Improvements The City will be making the following modifications to the water main between Franklin Rd and Leslie Dr along Eagle Rd. All modifications are on the west side of Eagle Rd except for the crossings across Eagle Rd. • Starting just south of E.Lanark Drive to south of the Boise Valley Railroad ROW the water main will be relocated/replaced. • The existing water main will be left in place across the Boise Valley Railroad ROW • The water main will be relocated from just north of the Boise Valley Railroad ROW to E. Commercial Ct. • At E. Commercial Ct a new crossing will be installed across Eagle Rd using an existing pipe as a sleeve. • The water main will be abandoned from E. Commercial Ct to about 125 feet south of Leslie Dr. • At Pine Ave a new crossing will be installed across Eagle Rd using an existing pipe as a sleeve. Some pipe modifications are required along Pine Ave. • At E. Florence St. a new crossing will be installed across Eagle Rd using an existing pipe as a sleeve. • At just south of Fairview Ave a new crossing will be installed across Eagle Rd using an existing pipe as a sleeve. • The water main will be relocated along Eagle Rd from about 165 feet south of Leslie Dr to Leslie Dr. Additionally, a water main will be routed through the Stokesberry Subdivision (NW corner of River Valley St. and Eagle Rd.)to an existing water main in the Stokesberry Subdivision parking lot. CITY UTILITIES REIMBURSEMENT AGREEMENT—Meridian CenterCal Page 6 of page 414 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Memorandum of Agreement for Contribution to Streetscape Improvements Between the Meridian Development Corporation and the City of Meridian APPROVED Page 415 Item#14. MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO STREETSCAPE IMPROVEMENTS This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO STREETSCAPE IMPROVEMENTS ("Agreement") is made this 1 st day of October, 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS,MDC previously provided certain streetscape improvements including a bench, litter receptacle and other site improvements for use in downtown Meridian; WHEREAS,the Meridian Parks and Recreation Department is requesting MDC share in the cost to replace and repair some of these streetscape improvements MDC previously purchased; WHEREAS,MDC is willing to contribute to City up to three thousand five hundred forty one dollars ($3,541.00) to repair and replace certain streetscape improvements; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Repair and Replacement of Streetscape Improvements. Between Oct 1, 2020 and September 30, 2021, City agrees to replace one bench, one litter receptacle and install replacement slats to refurbish certain site furnishings located within MDC's downtown urban renewal district boundaries. B. Invoice MDC. City shall remit to MDC an invoice to reimburse the City for the $3,541.00 cost of replacing and repairing the above described streetscape improvements. II. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty(30) days of receipt of each of City's invoice, MDC shall provide payment to City in the amount of three thousand five hundred forty one dollars ($3,541.00). B. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. 2021 MOA MDC AND CITY FOR REPLACEMENT AND REPAIR OF STREETSCAPE IMPROVEMENTS PAGE 1 OF 3 Page 416 Item#14. III.GENERAL TERMS. A. Term. This Agreement begins October 1, 2020 and shall remain in effect through September 30, 2021 or until the street scape improvements are replaced and repaired and the city is reimbursed,whichever occurs first. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres,Administrator 33 E. Broadway Avenue 104 East Fairview Avenue#239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty(30) days written notice. If MDC is the terminating party, City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of the Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its officers, agents, consultants, and employees from and against any and all liability, claims, losses, actions, or judgments, costs and fees, including any costs and attorney's fees incurred therein, for damages, losses, or injury to entities, persons or property for any act, error, or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers, employees, contractors, or agents related to or connected with this Agreement. F. Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. 2021 MOA MDC AND CITY FOR REPLACEMENT AND REPAIR OF STREETSCAPE IMPROVEMENTS PAGE 2 OF 3 Page 417 Item#14. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on the date first noted above. M;F.R l N D=OPME . CORPORATION: 1 Attest:' (/ Dave Winder Chairman eve V ek, Secretary CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk 2021 MOA MDC AND CITY FOR REPLACEMENT AND REPAIR OF STREETSCAPE IMPROVEMENTS PAGE 3 OF 3 Page 418 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement for Contribution to Historic Banners Between the Meridian Development Corporation and the City of Meridian APPROVED Page 419 Item#15. MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO HISTORIC BANNERS This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO HISTORIC BANNERS ("Agreement") is made this 1 st day of October, 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS,MDC previously purchased historic banners for use in downtown Meridian and City and MDC desire that these historic banners which are public art be a component of the Meridian community; WHEREAS,the Meridian Parks and Recreation Department is requesting MDC share in the cost to replace some of the banners that MDC previously purchased; WHEREAS,MDC is willing to contribute to City up to one thousand five hundred seventy one dollars ($1571.00) for 32 historic banners; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Banner installation. Between Oct 1, 2020 and September 30, 2021, City agrees to purchase 32 historic banners to replace existing banners. The parties intend these banners to be used within MDC's downtown urban renewal district boundaries and replace other banners that have reached their useful life. B. Invoice MDC. City shall remit to MDC an invoice to reimburse the City for the $1571.00 cost of the 32 banners with receipts for payments rendered to vendor(s). II. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty(30) days of receipt of each of City's invoice, MDC shall provide payment to City in the amount of one thousand five hundred seventy one dollars ($1,571.00). B. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. 2021 MOA MDC AND CITY FOR HISTORIC BANNERS PAGE 1 OF 3 Page 420 Item#15. III.GENERAL TERMS. A. Term. This Agreement begins October 1, 2020 and shall remain in effect through September 30, 2021 or until the banners are purchased and the city is reimbursed, whichever occurs first. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres, Administrator 33 E. Broadway Avenue 104 East Fairview Avenue #239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty (30) days written notice. If MDC is the terminating party, City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of the Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its officers, agents, consultants, and employees from and against any and all liability, claims, losses, actions, or judgments, costs and fees, including any costs and attorney's fees incurred therein, for damages, losses, or injury to entities, persons or property for any act, error, or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers, employees, contractors, or agents related to or connected with this Agreement. F. Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and 2021 MOA MDC AND CITY FOR HISTORIC BANNERS PAGE 2 OF 3 Page 421 Item#15. jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to effective on the date first noted above. :M M� IAIN DEVELOPMENT CORPORATION: Att Dave Winder Chairman St e Vlass , Secretary CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk 2021 MOA MDC AND CITY FOR HISTORIC BANNERS PAGE 3 OF 3 Page 422 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 20-2249: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons, Committee Members, Commission Ex-Officio Members, and Providing an Effective Date APPROVED Page 423 Item#16. CITY OF MERIDIAN RESOLUTION NO. 20-2249 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS DEPARTMENT LIAISONS, COMMITTEE MEMBERS, COMMISSION EX-OFFICIO MEMBERS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Meridian City Code section 1-7-6(A), the president of the City Council is to appoint a city council member to be council liaison of each of the City departments, and at the City Council meeting on December 22, 2020, City Council President Treg Bernt did make such appointments, as set forth in Exhibit A hereto; WHEREAS,City Council members are authorized to represent the City of Meridian at, or attend on behalf of the City of Meridian, the meetings of various interagency boards, committees, and initiatives, including the Community Planning Association of Southwest Idaho, the Ada County Air Quality Board, the Meridian Rural Fire District Board, Meridian Development Corporation, Allumbaugh House Joint Powers Entity, Ada City-County Emergency Management Executive Council, and Valley Regional Transit Board; WHEREAS,pursuant to Meridian City Code section 2-1-1(C)(9), each commission shall include a City Council member to serve in an ex-officio, non-voting capacity, and at the City Council meeting on December 22, 2020, City Council President Treg Bernt did make such appointments, as set forth in Exhibit A hereto; WHEREAS,by this resolution,the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council members appointed by City Council President Bernt to serve as liaisons to the respective departments, as set forth in Exhibit A hereto, shall fulfill the duties of such function as enumerated in Meridian City Code section 1-7-6(B). Section 2. That the City Council members appointed by City Council President Bernt to serve as ex-officio members of the respective commissions, as set forth in Exhibit A hereto, shall fulfill the duties of such function as enumerated in Meridian City Code section 2-1-1(C)(9). Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE I OF page 424 Item#16. ADOPTED by the City Council of the City of Meridian, Idaho,this 22nd day of December, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 22"d day of December, 2020. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 2 OF page 425 Item#16. EXHIBIT A CITY COUNCIL MEMBER APPOINTMENTS Seat Council Member Department Committee and Commission Liaison Appointment Appointment 1 Liz Strader Legal/Fire Solid Waste Advisory Commission, ex lstrader@meridiancity.org officio c: 208-546-9501 Ada County Air Quality Board Meridian Rural Fire District Board 2 Joe Borton Community Golf Course Committee jborton@meridiancity.org Development/ h: 208-288-2630 IT/Clerks Arts Commission, ex officio c: 208-870-3764 3 Brad Hoaglun Public Works bhoaglun@meridiancity.org c: 208-870-8237 4 Treg Bernt Mayor's Meridian Development Corporation tbemt@meridiancity.org Office/Finance c: 208-409-7400 ACEM (alternate) Allumbaugh House (alternate) EMS JPA VRT (alternate) 5 Jessica Perreault HR/Parks Historic Preservation Commission, ex jperreault@meridiancity.org officio c: 208-440-8153 COMPASS (alternate) VRT (alternate) Parks & Rec Commission, ex officio 6 Luke Cavener Police Transportation Commission, ex officio Icavener@meridiancity.org c: 208-695-4536 VRT RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 3 OF page 426 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 20-2250: A Resolution of the Mayor and City Council of the City of Meridian Adopting the City of Meridian Strategic Plan 2021-2025 APPROVED Page 427 Item#17. CITY OF MERIDIAN RESOLUTION NO. 20-2250 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO ADOPTING THE CITY OF MERIDIAN STRATEGIC PLAN 2021-2025. WHEREAS, the City Council discussed the development, methodology, and creation of a 2021- 2025 City Strategic Plan on December 15, 2020; WHEREAS, the purpose of the City of Meridian Strategic Plan 2021-2025 is to establish a clear vision for the City of Meridian and set appropriate strategic objectives to guide fulfillment of the vision; WHEREAS, the City of Meridian Strategic Plan 2021-2025 will align appropriate resources and deployment decisions to achieve the strategic objectives and allows for the creation of measures that ensure attainment of those objectives within the specified time frames. WHEREAS,the Mayor and City Council of the City of Meridian hereby approve the adoption of the City of Meridian Strategic Plan 2021-2025. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO:- Section 1. The City Council of the City of Meridian hereby adopts the City of Meridian Strategic Plan 2021-2025 as set forth in Exhibit A, as attached. ADOPTED by the City Council of the City of Meridian, Idaho, this 22nd day of December, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of December, 2020. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk RESOLUTION ADOPTING CITY OF MERIDIAN STRATEGIC PLAN 2021-2025 Page 428 2021 ERIC - Item#17. --t _- •,tea► }�.,'. a -f�r�� • 1 BBMRITIES t Our Focus Areas define GROWTHRESPONSIBLE how we will meet our Vision and Mission over the next five years. TRANSPORTATION AND INFRASTRUCTURE Each Focus Area have BUSINESS AND strategic goals that ECONOMIC VITALITY prioritize the actions we will take to meet PUBLIC HEALTH community priorities. AND SAFETY Our Citizen Survey as well VIBRANT AND as other feedback were SUSTAINABLE COMMUNITY used to develop these key Focus Areas and Goals GOVERNMENT EXCELLENCE Page 430 STRATEGIC PLAN BUMIBLE Meridian will responsibly promote growth that enhances its long term comprehensive vision and prioritizes infill development. We will encourage affordable, diverse housing options and high quality communities. MIC • Prioritize investment of city infrastructure and encourage road and school facilities in identified areas to grow responsibly and maximize the delivery of city services. • Implement the goals in the community's Comprehensive Plan to ensure orderly development. • Utilize impact fees, cooperative agreements, urban renewal districts and other tools to ensure that development pays its proportionate share of services impacts. • Establish enhanced housing affordability options in new subdivisions to create additional opportunities for all. • Apply design standards and ordinances to commercial and residential development to ensure quality communities with a diversity of amenities. ir STRATEGIC PLAN WRT FMCTURE Meridian will prioritize citizen desires for a more connected and safe community infrastructure. We will engage our partners and utilize resources to advance priority projects. We will develop a safe and connected system that includes pathways, sidewalks and o multi-modal approach to solve congestion challenges and roadway deficiencies. WIC • Advance construction of transportation projects on priority arterial roadways to reduce commute times and improve efficient movement within and about Meridian. • Prioritize, plan and advocate for road and sidewalk improvements making connections to increase accessibility and safety while traveling to schools, parks and areas of community interest. • Enhance our pathway network through property investment, agreements and construction to create continuous pathways with additional connection points. • Invest and provide street lighting to increase overall safety and walkability in neighborhoods. .Or� STRATEGIC PLAN OW 'BUSINESSENOMIC Effy Meridian will revitalize its downtown and grow its targeted commercial areas to ensure a balanced economic base that support family wage jobs creation. We will retain and recruit businesses and services that support our targeted industries and community needs. • Retain and recruit business in the professional service, technology, Light manufacturing and health care industries to provide a balanced economic base. • Support business development that increases the number of family wage jobs to allow employees to Live and work in Meridian. • Utilize urban renewal areas and specific area plans to promote business investment in targeted areas to meet community needs. • Pursue multi-story residential and mixed-use projects in downtown that provide an increased quality of Live and value to our citizens. • Collaborate with impacted parties and agencies in our downtown area to effectively plan economic vitality in alignment with the sun setting of the urban renewal district. Ir of STRATEGIC PLAN ic Meridian will maintain its status as one of the safest communities in the West by investing in services and infrastructure that are essential to public health and safety. We will provide timely services, safe drinking water, and regulatory compliant wastewater services. We will evaluate the environmental impacts and our decisions, using data to inform our decision making. We will partner with our health community to ensure access to quality care for our citizens. Wic • Invest in innovative technologies and processes to enhance drinking water quality, improve clean water discharge qualities and reduce the impact on the external environment to protect public health and compliance with regulations. • Deploy public safety resources to neighborhoods, to facilitate positive engagement, dialogue and build community trust. • Invest in needed Police facilities while implementing strategies to reduce property crime, improve traffic safety, enhance public education and prevention efforts and meet service Level expectations. • Invest in needed Fire facilities while implementing strategies to reduce Loss of Life and property, improve outcomes of response, enhance public education and risk reduction efforts to improve resident safety and meet service Level expectations • Develop and support plans with community health providers to ensure health care services are available in all parts of the FPage 43 community. STRATEGIC PLAN VIBBRWT COMMUNIT Meridian will create vibrant places for our citizens, embrace sustainable practices, and preserve natural spaces. We will provide innovatively designed parks and recreational offerings. We will respond to citizen desires to be stewards of our natural environment. We will partner with our community and developers to create beautiful open spaces, and cultivate art and cultural opportunities. • Develop premier open spaces, indoor facilities, amenities and public art projects to enhance the overall quality of life. • Execute financially responsible, sustainable and environmentally conscious projects to promote energy efficiency, waste stream reduction, and water conservation. • Identify, improve, and support public spaces, events and program offerings that contribute to a premier and vibrant community. • Preserve Meridian's historic buildings, events, heritage and identity through active efforts with community stakeholders. STRATEGIC PLAN GOVERN M ENTEXCELLENCE Meridian will encourage open, transparent and approachable government. We will embody our CARE values utilizing proactive, high quality communication with our citizens and stakeholders enhancing community engagement. We will invest in our employees in order to deliver our citizens the most innovative, efficient, and value added services, while providing financially sound, resilient and effective government. • Provide increased accessibility and transparency to government information at all levels which empowers residents to make decisions and utilize their voice and make informed decisions. • Pursue solutions to ensure growth pays for itself in areas of education, transportation and other government provided services to achieve community priorities. • Empower employees to innovate operations, update ordinances and simplify processes in order to improve effectiveness and provide premier services to our citizens. • Utilize data informed decision making to meet the premier standard for customer service and service delivery. • Exemplify and prioritize premier service through investment in our employees with skill based training and career path advancement opportunities. STRATEGIC PLAN Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 20-2251: A Resolution of the Mayor and the City Council of the City of Meridian Approving a Farm Lease Agreement Between the City of Meridian (Lessor) and Louie Asumendi (Lessee) for Approximately 40 Acres of Real Property Located on N. Ten Mile Road, North of W. Ustick Road for Wastewater Treatment Expansion, Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date APPROVED Page 437 Item#18. CITY OF MERIDIAN RESOLUTION NO. 20-2251 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERRAULT,STRADER A RESOLUTION APPROVING A FARM LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND LOUIE ASUMENDI (LESSEE) FOR APPROXIMATELY 40 ACRES OF REAL PROPERTY LOCATED ON N. TEN MILE ROAD, NORTH OF W. USTICK ROAD; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN,IDAHO WHEREAS,the City of Meridian has recently acquired approximately 40 acres of real property on Ten Mile Road near the City's wastewater treatment facility that is being held for long term facility expansion; and, WHEREAS, prior to the City acquiring the property, Louie Asumendi has been farming the premises, maintaining it in good order, controlling weeds, maintaining ditches, and providing good stewardship of the land; and, WHEREAS, the City of Meridian has no immediate plans to use the 40 acres and Louie Asumendi desires to continue to lease the property for farming operations on an annual basis. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO AS FOLLOWS: SECTION 1. The 40 acres comprising the Leased Premises is not otherwise needed for City purposes. SECTION 2. That the terms of the Farm Lease (attached hereto and incorporated herein) between Louie Asumendi and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease documents for and on behalf of the City of Meridian. SECTION 4. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho,this 22°d day of December,2020. APPROVED by the Mayor of the City of Meridian, Idaho,this 22"d day of December, 2020. APPROVED: ATTEST: By: Mayor Robert E. Simison City Clerk Page 438 RESOLUTION FOR APPROVAL OF FARM LEASE Item#18. FARM LEASE (Approximately 40 Acres— Public Works Property-Ten Mile Road) THIS FARM LEASE ("Lease"), made effective the 1st day of January, 2021, by and between The City of Meridian, and Idaho Corporation ("Landlord"), and Louie Asumendi ("Tenant"). RECITALS A. Landlord is the record owner of certain real property situated in Ada County, Idaho, as such real property is legally described and generally depicted on Exhibit A ("Premises"). Landlord intends to develop or dispose of the Premises at an undetermined time in the future, as dictated by Landlord's infrastructure expansion needs and by Landlord's real property requirements ("Development Activity"). B. Tenant is aware of the possible Development Activity and desires to lease the Premises in order to plant an agricultural crop ("Crop"); and Landlord desires to lease the Premises to Tenant until such time as Development Activity occurs, according to the terms and conditions contained herein. WITNESSETH 1. AGREEMENT. Landlord, for and in consideration of the rents, covenants and agreements herein described, does hereby lease to the Tenant the approximate 40 acres as shown crosshatched on Exhibit A for the sole purpose of planting a Crop(s). 2. TERM. Tenant shall Lease said Premises for a one year period, from January 1, 2021 through December 31, 2021 ("Term"), unless otherwise terminated as provided herein. Notwithstanding the foregoing, the Term shall expire five (5) days following Tenant's ordinary course of harvest or removal of the Crop. 3. RENT. Tenant does hereby covenant, promise and agree to pay to the said Landlord as rent in the man er and at the time herein specified, at the rate of $ IT6 .00 per acre for a total sum of$ � 000 z< ^'�,.00 ("Rent") payable on the earlier of December 15, 2021, or within ten (10) days following harvest or removal of the Crop. Rent shall be paid to Landlord at The City of Meridian, 33 East Broadway Ave, Meridian, ID 83642. 4. RESERVED. 6. TAXES AND EXPENSES. Landlord shall pay when due all real property taxes and all irrigation district assessments. The Tenant shall pay all personal property taxes levied and assessed against the Tenant's fixtures, equipment and other property on the Premises. Tenant agrees to perform all labor and pay all expenses connected with the farming of said Premises, including all operation costs, repairs, and electric utility expenses. 6. CARE OF PREMISES. Tenant agrees that he will maintain the Premises in good order and in neat and farm-like condition and further agrees: 6.1 To control all weeds (noxious weeds included) growing on the Premises in a good and farm-like manner including but not limited to those growing in, along and around cultivated fields, roadways, ditches, drains, and fences. Tenant shall also be responsible for FARM LEASE Page 439 Item#18. the eradication and control of any rodents on the Premises. If Tenant defaults hereunder, Landlord shall have the right after three days written notice served on the Tenant to control such weeds (noxious weeds included) and gophers and the cost thereof shall be borne by the Tenant as additional Rent. 6.2 To clean out and keep in good repair all ditches and drains on said Premises used for irrigation purposes, all necessary materials and labor to be furnished at Tenant's expense. 7. IMPROVEMENTS. Except as otherwise provided herein, Landlord shall be entitled to enter the Premises to demolish, remove and/or alter all outbuildings, improvements, or its personal property on the Premises. Tenant agrees to cooperate with Landlord in any such action, including the moving of its farm equipment, so long as such cooperation is at no cost to Tenant. 8. RIGHT OF ENTRY. Upon five (5) days' notice, Landlord and Landlord's employees, agents and contractors, shall be entitled to enter the Premises to conduct surveys, studies, testing, demolish improvements, or for any other action related to Landlord's Development Activities. 9. SURRENDER OF POSSESSION. At the termination of the Lease Term, Tenant shall quit and surrender possession of the Premises to Landlord, removing all personal belongings and leaving the Premises in as good a state and condition as reasonable use and wear thereof will permit (damages by the elements excepted). Tenant will leave the irrigation systems (including any pump and controls) in an operating condition on the Premises. Landlord's Development Activity is dictated by many factors; and as such, Tenant shall not prepare or improve any portion of the Premises in anticipation of leasing the Premises for another term. Any improvements made to the Premises after harvesting said Crop shall be at Tenant's own risk and expense. 10. HAZARDOUS WASTE. The Tenant shall not cause or permit any hazardous substance(s) to be used, stored, generated or disposed of on or in the Premises, without first obtaining the Owner's written consent. Notwithstanding the Owner's consent, if any hazardous substance(s) is used, stored, generated or disposed of on or in the Premises by the Tenant, such usage, storage, generation and disposal shall, in all respects, be in strict accordance all federal, state and local laws, statutes, ordinances and regulations. If the Premises become contaminated in any manner for which the Tenant is liable, the Tenant shall indemnify, defend, save and hold the Owner harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses arising during or after the Term and arising as a result of that contamination by the Tenant. As used herein, "hazardous substance" shall mean any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Idaho or the United States Government. 11. INSURANCE. Tenant shall indemnify, defend, protect, and save Landlord from all actions or claims for personal injuries or property damage sustained upon the Premises and predicated upon the Landlord's ownership of the Premises. Tenant agrees to secure and keep, in full force and effect from and after the date Landlord first allows Tenant on the Premises, broad form general liability insurance insuring for death, bodily injury and property damage in the combined single limit amount of at least one million dollars ($1,000,000). The policy shall name Landlord and Tenant as insured and shall further name The City of Meridian as an additional insured. A copy of the policy or Certificate of Insurance shall be delivered to Landlord, at 33 E. Broadway Avenue, Meridian, ID 83642. Tenant shall also secure and keep in force Workers' Compensation or similar insurance to the extent required by federal, state and local law. FARM LEASE Page 440 Item#18. 12. NOTICES. Whenever any notice, approval, consent, request or election is given or made pursuant to this Lease, it shall be deemed delivered when (i) it is in writing and personally delivered (ii) 2 business days after deposit in the United States mail, postage prepaid, certified or registered mail, return receipt requested and addressed to the party at the address set forth below; (iii) 1 day after deposit with a reputable overnight courier service (such as Federal Express), delivery charges paid, receipt confirmation requested, and addressed to the party at the address set forth below. The addresses below shall be used for notice under this section unless Owner or Tenant provides notice under this section of an alternate address or facsimile number. Tenant: Louie Asumendi Address: 8620 Ustick Rd, Nampa, Idaho 1 Q Landlord: The City of Meridian, Department of Public Works Address: 33 E. Broadway Ave, Meridian, Idaho 83642 13. DEFAULT. Tenant's use of the Premises in any unlawful manner shall be deemed a breach of the Lease and cause Tenant to forfeit all Tenants' rights under this Lease. The Lease shall be immediately terminated at no expense to Landlord. It is further agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for Landlord to re-enter the Premises and remove all persons therefrom and at its option, terminate this Lease, after first giving Tenant written notice of the matter in which he is in default and a lapse of 15 days without Tenant having removed and corrected default. 14. LIENS. Tenant agrees not to cause or permit any liens to be placed on the Premises during the Lease term. Any liens on the Premises caused by Tenant shall be considered a breach of this Lease and shall be removed immediately at Tenant's sole cost and expense. 15. ASSIGNMENT SUBLEASE SUCCESSION. Tenant shall not assign, lease or sublease any portion of said Premises; or permit any other person or persons to occupy or improve the same, or make or suffer to be made any alterations thereon. This Lease shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties. 16. HEADINGS. The headings, title and captions used in this Lease are for convenience only and are not part of this Lease. 17. LEGAL FEES AND COSTS; VENUE. If either party shall default under this Lease and said default is cured with the assistance of an attorney for the other party, as a part of curing said default, the reasonable attorneys' fees incurred by the other party shall be added to the balance due and payable or, in the case of a non-monetary default, shall be paid to the other party upon demand. In the event suit or action is filed by either party against the other to interpret or enforce this Lease, the unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses, including attorneys' fees incurred therein, including the same with respect to an appeal. The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement and that venue shall be in Ada County, Idaho. FARM LEASE Page 441 Item#18. avv.ni z�v-vvr(voO 569£00LOI 836YNIN 1N3M0711SNI 0330 MIY1 I= '� v >y zrx.ami•xhaion Ni 039N1=933UYd 1YH1 ON139 ONY 0 8i °� 3"N1fpG OHYOI'.LLNf103 Yaw'NMVA3M 3Sp6'1531A 1 30NYU z Saol8AW15 MM aiY 8101MONZ ON6UM03 'HiNON f dIHSNM01'Y£N01103S NI 031Y301 j� '- ,e �xi 'ssxvsznsxo� xanxns ��n[o )GJAH S TIM(Nn ` 1-1V Mn e.tt rt�" j j I j j ! I j j l j j I } ap i 000 kz ' i EXHIBIT A TO FARM LEASE Page 443 Item#18. 18. ENTIRE AGREEMENT. This Lease, including the exhibits attached hereto, contains the entire agreement between the parties as of the date of this Lease and the execution hereof has not been induced by either party or any agent of either party, by representations, promises, undertakings not expressed herein. There are no collateral agreements, stipulations, covenants, promises, inducements or undertakings whatsoever between the parties concerning the subject matter of this Lease which are not expressly contained herein. This Lease may only be amended by written document signed by both parties. 19. SIGNATURES; COUNTERPARTS. This Lease, and all ancillary documents executed by the parties in connection herewith, may be executed by electronic signature and/or in multiple counterparts, each of which shall be deemed to be an original but all of which, together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year the Lease first above written. LANDLORD: CITY OF MERIDIAN By: Robert E. Simison, Mayor Attest: City Clerk Chris Johnson TENANT: LOUIE ASUMENDI By: ignature FARM LEASE Page 442 Police Department: Annual Report Meridian Police Department Annual Update Mission culture, community partnerships and core values.organization valued for our innovation, positive The Meridian Police Department is a premier Vision education, prevention, and enforcement. and protect life and property through partnership with our community, to preserve To provide the highest quality service, in Key Performance Indicator Priority 1Priority 2Priority 3 Average Response Time by Priority in Minutes *202020192018 252219161310741 10.4810.410.267.127.117.113.343.463.51 Note: *2020 Response Times calculated for Jan 1 to Nov 30, 2020. Source: TT CAD.of an officer to the scene.by Idaho Code to facilitate the quick and safe arrive clePriority 3 type calls are an emergency response in which the lights and siren and driving as authorized for an emergency vehilaws.ficPriority 2 type calls require an urgent response where the officer will arrive as soon as practical, and should obey all trafobey all traffic laws.emergency type of calls where the officer will arrive at the earliest convenience, and should -Priority 1 type calls are for non 2020 Updates: Key Performance Indicator Calls for Service (CFS) by Year*202020192018 59,00058,00057,00056,00055,00054,00053,00052,00051,00050,000 53,17157,89653,981 calls for Dec estimated. Source: TT CAD.–Note: *2020 Calls for service from Jan 1 to Nov 30, 2019 2020 Updates: Key Performance Indicator Crashes by Year*202020192018 2000180016001400120010008006004002000 145517851738 reportable crashes only.–& ITS/RMS WebcarsNote: *2020 crashes estimated. Source: 2020 Updates: Key Performance Indicator cite.-Note: *2020 Citations estimated. Source: E 2020 Updates: Key Performance Indicator Reports Written by Year*202020192018 9,2009,0008,8008,6008,4008,2008,0007,8007,6007,4007,2007,000 7,7118,9128,880 Note: *2020 reports estimated., cancelled DR’s and unused removed. Source: NWRMS and ITS/RMS.2020 Updates: Key Performance Indicator Public Information Requests (PRRs) by Year*202020192018 8,3008,2008,1008,0007,9007,8007,7007,6007,5007,4007,300 8,1638,1137,660 Note: *2020 reports estimated. Source: SSS.2020 Updates: 2020 Updates: Now:CAD.TritechNote: Goal performance established in PAM model. Source: Current & Goal PerformanceLevel of Service (LOS) Based on: Number and Allocation for Patrol & Traffic Services -______________________________________Output:Performance Objectives -Workload Requirements -Roadway Characteristics-Personnel Policies-Operations Data -________________________________________Input: Number and Allocation for Patrol & Traffic Services -______________________________________Output:Performance Objectives -Workload Requirements -Roadway Characteristics-Personnel Policies-Operations Data -________________________________________Input: PAM-Personnel Allocation Model Now:Prepared by the Center for Public Safety at Northwestern University Version M3.0 Model Recommendations ated sworn) 127 total alloc–Note: FY19/20 the PD added 13 sworn positions in Patrol. (Patrol = 85, CID = 20, PD&T = 4, Admin = 9, SRO =9 PAM Allocation Model Now:FY21/22 Hiring Meridian Officers slotted2/3 April 2021, Meridian / Nampa Joint Police Academy Class #4 Now: 8 Officers completing this academy Meridian / Nampa Joint Police Academy Class #3 Currently in Background: 6 potential employeesSworn: 7 openings-NonSworn: 3 openings Public OutreachNow: Public OutreachNow: Command Staff Roles Now:Lt. ColaianniOffice of Professional Standards:Lt. HarperCommunity Services Lieutenant:Lt. StokesCriminal Investigations Lieutenant:Lt. Brown, Lt. Caldwell, Lt. Ford and Lt. LesliePatrol Lieutenants: Capital Projects Complete Parking Expansion Capital Projects in Progress Next:PrecinctsNew Meridian Police Department’s Building RemodelPublic Safety Scenario Training Center Thank you and farewell! Item#20. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development Department: Service Accessibility Tool Update Page 445 Item#20. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Caleb Hood, Planning Division Manager Meeting Date: December 22, 2020 Miranda Carson, Coordination Planner Presenter: Caleb Hood Estimated Time: 1S minutes Topic: Community Development Department- Service Accessibility Tool Update The Community Development and Information Services departments have been working together on a parcel based geospatial tool to identify growth areas. The tool will factor in many elements including location, transportation, emergency services, and community connectors. The output will be scores ranking suitability for development by parcel. Caleb Hood will be presenting an update on the progress of this tool. Page 446 Service Accessibility Tool December 22, 2020 City Council Workshop Miranda Carson, Comprehensive Associate Coordination PlannerCaleb Hood, Planning Division Manager Purpose and Use level staff reports-Table to be included in hearing•Not a decisive tool, but additional data to consider •Data layers maintained for a quickly changing city•ground condition and future plans-the-Based on current, on•Range determined by service provider•12 elements evaluated•green, yellow and red–Simple ranking of each element •based geospatial tool (GIS)-Parcel•level analysis -Parcel•Factors in many different criteria and plans•Identify accessibility to needed services/infrastructure•2 Measured Elements 0Either not within the 100yr floodplain or > 2 acres1-Floodplain 100yr & <2 acresFloodplain6are <500 ft of a parceltrunkshedsLines within 12000 ft of a parcel-are within 500trunkshedsLines within 1-are > 2000 ft of a parceltrunkshedsLines within Extension sewer1Parcels within .25 miles of platted, or platted parcels 0Parcels not within .25 miles of platted, or platted parcels preliminary plattedPlatted or adjacent to 7In City Limits2Parcels within .5 miles of City limits7-> .5 miles from City LimitsLocation WeightWeight EvaluatorCriteria 4*Final Police weight calculated by summing the three priority weights.3RD average is at or below average city response time1-1.5 X average response time-RD average is 13-RD average is more than 1.5 X average response timePriority 3 City avg 3 min2RD average is at or below average city response time01.5 X average response time-RD average is 11-RD average is more than 1.5 X average response timePriority 2 City avg 7 min1RD average is at or below average city response time01.5 X average response time-RD average is 11-RD average is more than 1.5 X average response timePriority 1 City avg 14 minEmergency services: Police6Parcels <5 min from fire facilities29 min from fire facilities-Parcels 51-Parcels >9 min from fire facilitiesEmergency services: Fire WeightWeight EvaluatorCriteria Measured Elements: Emergency Services 5 4matches existing (# of lanes)Ultimate configuration (#of lanes in master streets plan) 2in 5 year work planisexisting (# of lanes) & road Ultimate configuration (#of lanes in master streets plan) > 1-in 5 year work planis notexisting (# of lanes) & road Ultimate configuration (#of lanes in master streets plan) > Arterial Road Buildout Status2Parcels within .25 mile of current transit route1Parcels within .25 mile of future transit route0Parcels not within .25 mile of future or current transit routeTransit2Parcels within .25 Mile of Current Pathways1Parcels within .25 Mile of Future Pathways0Parcels not within .25 mile of Current or Future PathwaysPathwaysWeightWeight EvaluatorCriteria Measured Elements: Transportation 6 2.5 mile, or a Neighborhood Park within .25 milesEither a Regional Park within 1 mile, a Community Park within 0No park within walking distance by park typePark walkability1Elementary School within 1 mileEither a High School or College within 2 miles, OR a Middle or 1-futureOutside 2 mile driving distance from any schools existing or School Drivability3< .5 miles walking 1.5 to 1.0 miles walking0> 1.0 Miles walkingSchool Walking ProximityWeightWeight EvaluatorCriteria Measured Elements: Community Connections 7 AccessibilityService HighMediumLow Composite Score Executive Session Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counter offer 8 Composite Report Composite RankNo park within walking distance by park typePark walkabilitywithin 1 mileEither a High School or College within 2 miles, OR a Middle or Elementary School School Drivability.5 to 1.0 miles walkingSchool Walking Proximityin 5 year work planisroad Ultimate configuration (#of lanes in master streets plan) > existing (# of lanes) & Arterial Road Buildout StatusParcels not within .25 mile of future or current transit routeTransitParcels not within .25 mile of Current or Future PathwaysPathwaysRD average is more than 1.5 X average response timeEmergency services police: Priority 3 City avg 3 minRD average is at or below average city response timeEmergency services police: Priority 2 City avg 7 min1.5 X average response time-RD average is 1Emergency services police: Priority 1 City avg 14 minParcels <5 min from fire facilitiesEmergency services fireFloodplain 100yr & <2 acresFloodplain2000 ft of a parcel-are within 500trunkshedsLines within Extension sewerParcels within .25 miles of platted, or platted parcels Platted or adjacent to preliminary plattedParcels within .5 miles of City limitsLocation RankElement