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2021-07-20 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 20, 2021 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Mayor Robert E. Simison ABSENT Councilman Luke Cavener ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault 1. Approve Minutes of the July 6, 2021 City Council Work Session 2. Approve Minutes of the July 6, 2021 City Council Regular Meeting 3. Edington Commons No. 1 Sawtooth Middle School Connection to Linder Road Pedestrian Pathway Easement 4. Hill's Century Farm North No. 1 Water Main Easement No. 2 5. Final Plat for Poiema Subdivision (FP-2021-0034) by Civil Innovations, PLLC, Located at 3727 E. Lake Hazel Rd. 6. Findings of Fact, Conclusions of Law for Skybreak Neighborhood (H-2020-0127) by Laren Bailey of Conger Group, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. 7. Development Agreement Between the City of Meridian and Idaho Auto Mall LLC (Owner/Developer) for Artemisia Subdivision H-2021-0014, Located at 1690 W. Overland Rd. 8. Agreement for Use of Kleiner Park for Special Event Between the City of Meridian and Soul Food Festival, Inc. for Soul Food Festival on August 7, 2021 9. Professional Service Agreement Between the City of Meridian and Nicole Goggins for Artwork for 2021 Traffic Box Community Art Project 10. Task Order Between City of Meridian and Ben Konkol for Mural Installation at Meridian Cycles 11. City of Meridian Financial Report - June 2021 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 12. Mayor and City Council Compensation Committee: Report and Recommendation 13. Fire Department: Fiscal Year 2021 Budget Amendment in the Amount of $40,817.00 for One Additional FTE Firefighter Approved Motion to approve made by Councilwoman Strader, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault 14. Finance Department: Approval of Fiscal Year 2021 Amended Revenues and Expenditures in the Amount of $133,440,148.00 Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault 15. Finance Department: Tentative Approval of Fiscal Year 2022 Proposed Revenues and Expenditures in the Amount of $191,686,966.00 Approved Motion to approve Tentative Approval of Fiscal Year 2022 Proposed Revenues and Expenditures in the Amount of $191,698,966.00 made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault 16. Finance Department: Approval to Reserve All Foregone Revenue Associated to the Fiscal Year 2022 Budget in the Amount of $454,885.00 in Order to Utilize that Amount in Subsequent Years Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault 17. Fire Department and Police Department: Construction and Design Discussion for Fire and Police Stations 18. Valley Regional Transit Fiscal Year 2022 Funding Request Vacated ORDINANCES 19. Ordinance No. 21-1936: An Ordinance Amending Title 1, Chapter 6, Section 5 of the Meridian City Code Providing for Mayor's Compensation and Providing for Market Adjustments; and Providing for a Summary; Providing for a Waiver of the Second and Third Reading Rules; and Providing an Effective Date Vacated 20. Ordinance No. 21-1937: An Ordinance Amending Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Councilmembers Compensation and Providing for Market Adjustments; and Providing for a Summary; Providing for a Waiver of the Second and Third Reading Rules and Providing an Effective Date Vacated ADJOURNMENT 5:44 p.m. Meridian City Council Work Session July 20, 2021. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, July 20, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Brad Purser, Crystal Ritchie, Jamie Leslie, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt _X_ Jessica Perreault Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is Tuesday, July 20th, 2021 , 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. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move the adoption of the agenda as published. Borton: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] Approved 1. Approve Minutes of the July 6, 2021 City Council Work Session Meridian City Council Work Session July 20,2021 Page 2 of 27 2. Approve Minutes of the July 6, 2021 City Council Regular Meeting 3. Edington Commons No. 1 Sawtooth Middle School Connection to Linder Road Pedestrian Pathway Easement 4. Hill's Century Farm North No. 1 Water Main Easement No. 2 5. Final Plat for Poiema Subdivision (FP-2021-0034) by Civil Innovations, PLLC, Located at 3727 E. Lake Hazel Rd. 6. Findings of Fact, Conclusions of Law for Skybreak Neighborhood (H- 2020-0127) by Laren Bailey of Conger Group, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. 7. Development Agreement Between the City of Meridian and Idaho Auto Mall LLC (Owner/Developer) for Artemisia Subdivision H-2021-0014, Located at 1690 W. Overland Rd. 8. Agreement for Use of Kleiner Park for Special Event Between the City of Meridian and Soul Food Festival, Inc. for Soul Food Festival on August 7, 2021 9. Professional Service Agreement Between the City of Meridian and Nicole Goggins for Artwork for 2021 Traffic Box Community Art Project 10. Task Order Between City of Meridian and Ben Konkol for Mural Installation at Meridian Cycles 11. City of Meridian Financial Report - June 2021 Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move the adoption of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. Page 5 Meridian City Council Work Session Item#1. July 20,2021 Page 3-— ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 12. Mayor and City Council Compensation Committee: Report and Recommendation Simison: So, we will go on to Department/Commission Reports and first item up is Item 12, which is the Mayor and City Council Compensation Committee Report and Recommendation and I will ask Mr. Evarts to come forward and present their findings. Evarts: Thank you, Mayor, City Council Members, for the time today. I apologize that wasn't able to be here last week, so thank you. So, the committee got together. This is a brief overview of what we are going to be covering today. I will keep it brief, because I'm sure there will be lots of questions and I want to save time for those. But the compensation committee. So, these are the individuals that we reach out to in the community. So, for those of you who aren't familiar with the process, every two years we get together as a compensation committee and we specifically discuss compensation for you and for our Mayor. We take that pretty serious, actually. So, we had some new members on the committee this time around, which was a lot of fun, so -- but the members that are on here is Clint, who has been on there forever. Dave Ballard, Joe Greer, Jeffrey Hall and just to let you know, Lori and I did buy some land in Scotland that had an existing lordship. So, I'm now Lord Joshua Evarts and she is Lady Lori Evarts. So, just in future, Clerk, if you can make note of that that would be fantastic. But that's your committee. We met I believe two -- it might have been three times, but -- but to review all this stuff. It was a lot of fun and lots of vigorous conversations. So, to begin with we always look at market data to start this process. Not because this is driving anything specific, we don't as a -- as a committee we don't sit down and look at market data and go, oh, well, we should, you know, pay our mayor and council members the same as Boise or we -- you know, we have got to be more than Eagle or -- or anything like that. We look at this just to inform and give us some data points as to how the market is moving and be aware of -- if we are trying to attract the best talent to run for city council, to run for mayor, and part of that public service is compensation and we are well aware of the amount of time that you all are spending, then, we should be aware of what the market is, in fact, bearing. So, just for your knowledge -- Crystal put this together. She was fantastic, because none of us on the committee could actually make these calls and make that happen, but the salary data for the valley is as such as of June 21 st. So, you can see kind of a rundown here of where the mayors are being paid. We did have lots of discussions, because we do know some of these individuals as to -- we talk a lot about it and I will get to it later in the brief, but what is kind of expected value, meaning, you know, what is our expectation of our mayor, of our city leadership, and what value do we believe they are bringing and by extension the salary that we -- that we suggest that ultimately you guys decide on, is -- is it in line with what our expectations are. Like if we just want you guys to show up on Tuesdays and, you know, here is some stuff and get out of here by 9:00 o'clock and -- Page 6 Meridian City Council Work Session Item#1. July 20,2021 Page,-- and, you know, gavel this thing through, then, there is low expected value, so, therefore, the compensation should be low. But what you guys have shown is that that's not how you guys operate and so, therefore, we should be -- regardless of who sits in these seats, we, as a compensation committee, want to create an expected value that we are looking for the highest and the best and that should be reflected in what we recommend. So, this is some mayor data just for you guys to look at. Again, not anything that necessarily drives our decision. City Council likewise. These numbers were much worse if you remember two years ago who -- and I promised that the committee asked me, again, to come up here and represent this, but they asked me to tone down the shaming, so they are -- that's not my goal tonight is to -- like we are very grateful -- I think the thing that we came back from as a group was we really enjoy getting together every two years and doing this hard work on -- on your behalf. But we definitely address some things with City Council compensation here. Those numbers were much lower two years ago, but you can see the rest of the municipalities and kind of where they sit and one thing that I would point out -- and this is specifically for you, City Council people. One of the things that we are very impressed with as a committee is the amount of work that you guys do outside of the time here. Like we already know you guys pull midnight duty and all that kind of stuff and we know you are here for workshops at 4:30 and there is lots of time that you are spending. But we also see the activity that you guys engage in outside of this and we want to be honoring of that as well as we make our recommendations. So, that's the market data. So, some observations we made. Excuse me. So, we had recommended two years ago that maybe we shift to a model where we are taking this out of the committee's hand and maybe looking at raises and adjustments to your guys's compensation in line with decisions that you guys make on the broader employee base. We really felt very strongly as we had two years to kind of think about that and see the changes that are -- that are happening in our city that we want to -- we want to maintain this job. Like it's -- it's pretty important and I think that this market is so dynamic and going through so many changes, we want to protect this group specifically on your guys's behalf to make sure that -- twofold. One, that we are in line with all the dynamic things that are happening in the valley and, number two, we want to set a higher expectation for you guys in terms of the value proposition in terms of how we expect you guys to interact and do your jobs and that the compensation is commensurate with what we are seeing and what we expect to see in the future, as well as what we expect to see in future candidates that might run for these positions. Since 2000 -- this is a data point we just updated. We have only in 20 years done five salary increases for City Council and 11 times for Mayor and the 2020 committee --so, our last go around what was recommended and improved was increases to City Council compensation and we only did a cost-of- living increase for the Mayor. So, one of the lessons that --that we learned in this process -- and we talked about it two -- or I talked about two years ago is you can only eat an elephant one bite at a time and we talked about making these incremental steps and one thing that we did wrong two years ago is that we didn't recommend a Mayor increase and starting to work on that and what we find is if we go back to some mayor data, we are way out of line and -- and we really should have made a run at that two years ago and recommended an increase and not just for City Council, because we just -- in two years it's amazing how quickly we can -- we can get behind in -- in what we should be paying our Mayor. So, as we specifically talk about what our recommendation is to you guys for Page 7 Meridian City Council Work Session Item#1. July 20,2021 Page 5—— consideration today, is that we firmly believe that the Mayor's salary is out of line with the current market. What our Mayor is engaged in, just the dynamics of a year of COVID -- I think it's very easy to go, oh, well, a year of COVID, you know, Robert got to sit at home and just, you know, take a year off. That -- that was not the case and the committee recommends a 12 and a half percent increase per year for the next two fiscal years. That sounds like a lot. What it nets out to be is less than 120,000 a year after two years. So, we are still not talking about -- even though the percentages look large when we start talking about even real dollars, we think that's in line with where the market is at and what we are expecting of a mayor in our marketplace. We further recommend -- and I have this on both slides --that we are going to change the city statute to withdraw the automatic raises for mayor and -- and really, you know, ask that you guys can trust us with that compensation for the next two years and that we will work hard two years from now to, you know, do the hard work to get this right. That's the mayoral recommendation. City Council. We are still trailing a little bit. I mean we took a bite of this, but we still feel like there was an opportunity to get this more in line, so we are recommending a seven and a half percent increase in '22 and '23. We feel like that gets us to a number that is appropriate as we kind of project what -- what we think this market is going to look like in the next two years and also what we are expecting out of you guys as City Council members. I -- I like the fact that we have got some really great business leaders on this committee. So, we take a very -- we are very sensitive to the fact that you guys are elected and we are asking you guys to make a tough decision to give yourself pay increases, but we also realize that if we were running this as a business we want to have pay that's commensurate with the value that's expected that you guys are bringing to the positions. So, that's our City Council recommendation. Again, we also want to withdraw the statute requirements to automatically bump you guys up. We want to reserve that for ourselves and not that we are trying to lord over you or -- or gain any special access to you guys, we love sitting down as a group and talking about you guys and -- and figuring out what makes sense and we also believe that in the future there could be instances, you know, certainly for those of us -- I have lived here 30 years, but there are certainly times where we atrophy and there is recession and there is tough times and we want to make sure that we protect that as well and make sure that if the city is suffering that we have got a mechanism in place to be able to make proper adjustments. So, just some high level analysis, just to kind of close this up. Compensation for Mayor and City Council members has been a by-product of demographics and market growth in 20 years. Like we are at a place right now, because we have had a city that looks very very different from 20 years ago and we are trying to adjust to that and in order to ensure quality and broad participation in the future, this Council must continue approving increases in compensation. That is our view today. That we think that these are appropriate increases. We think these are in line with the market. We think these are in line with general city budgets in general. We did look at compensation at director level positions and stuff like that in the city and certainly even doing the increases that we are talking about what the Mayor, the Mayor is not the highest paid person in government. So, these are appropriate raises that we feel should be approved and even the proposed increases, second bullet here, only result in appropriate corrections based on market rates and expected value. This whole concept of we are -- we are -- we want to see the same excellence that you guys have already provided. We would not be offering these things if we didn't see the Page 8 Meridian City Council Work Session Item#1. July 20,2021 Page 6- — level of activity that we have come to expect. Increased compensation still trails our brother to the east, but I think it's totally in line with neighboring communities. We are not Boise. So, there is -- you know, there has never been an expectation that these numbers match what's happening in Boise. I left this line in here. The only way to eat an elephant is one bite at a time. Again, you know, if we don't do this -- and this was our failure two years ago. Like had we made a Mayor recommendation two years ago we wouldn't see this growing disparity that we see two years later. So, we really do need to -- I think it's just good policy to start putting these things in place where we try to catch some of these things up, so that we can get in line and, then, we don't have these big, big adjustments. We really felt as a committee that these were adjustments that would get us right in line with where the rest of the market's at and what we are expecting of you and that we wouldn't anticipate seeing kind of these larger -- I know these numbers, seven and a half percent, 12 and a half percent, these look massive. We don't feel that these would be the kind of numbers we would be talking about two years from now, but if we fail to do this today, then, those numbers just get bigger and the decision and the -- and the -- and the decision to do the right thing two years from now gets even tougher for you guys. So, trust your compensation committee. We love doing this for you guys. So, with that if you guys have any questions I think that's it. Yeah. So, I'm happy to answer them. Simison: Thank you, Josh. Council, questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A couple of questions. One is something that I struggle with every time we have these dialogues. Evarts: Yes. Borton: I agree with you that the compensation committee plays a pivotal role, even though I disagree at times, and one of the things that I struggled with -- and I wonder if it came up in your conversations -- is the pure community service part of what we do. You know, as an elected, unlike any other employee, I think that's got to be a big part of why we do it and that's the reward that we get. Evarts: Yeah. Borton: And it's not to be compensated. Evarts: Yeah. Borton: Did that factor into any of the -- Evarts: Huge. Page 9 Meridian City Council Work Session Item#1. July 20,2021 Page , of— Borton: -- discussions to know that we have to get less -- Evarts: Yeah. It's almost -- it's almost like you were rare in the room. There were so many discussions. We were doing the math of-- we were trying to estimate, because we didn't -- we didn't call upon -- because I think you guys -- I know HPC -- we report our hours that we are giving every month on HPC. I don't know if you guys report the same thing. But we were doing some napkin math of what we thought were the number of hours. Now, obviously, we don't know how many hours you are spending on telephone calls and doing research and reading and interviewing people and having coffee with people, but we were doing our napkin math and even with these increases we were talking about compensation that was like minimum wage compensation. It was like this is -- this is just -- it -- we already believe you guys are public servants. Like this was really less about trying to figure out what the right compensation is, because we think Joe Borton is worth X number of dollars, it was -- we were much more looking at -- as we look at the marketplace in general how are we making sure that we are attracting the best talent to run and serve, because there is a compensation component. You know, we all sat around the room and we have business people that are in that room and we were talking about like would -- would the compensation level ever be at a level that's so low that you feel like it's like -- it's a negative. Like -- like it's too low. And we don't think we are there, but we felt like having a little bit more would be -- would be appropriate and be in line with what's happening there. But, yes, it was a large part of our conversation. Borton: Mr. Mayor, one other question on what you brought up, Josh. I think the concept of expected value is a really interesting one. I know it's not necessarily new, but the fact that you highlight that -- Evarts: Yeah. Borton: -- and -- and every time when we talk to folks who -- who may want to serve, that conversation comes up; right? What's expected. And I like the idea -- and maybe you have got the list, but we talked to folks about, well, here is what it takes. It's from the meetings, to the prep, to the working as liaisons, talking to the community members and -- the list is long. Does the committee look at an objective measurable list of, boy, here is what we understand the 74 things a mayor does or the 44 things council members do that -- that in exchange for this compensation, whoever is sitting in these chairs, you are -- you are tasked with accomplishing these tasks on behalf of the city. Evarts; Yeah. Actually, one of the -- one of the conversations that came out -- and, Bill, I will reach out to you on this -- as we talked about actually at a statute level -- like the requirement for a mayor or city council person, like per statute, is like -- it's very -- the threshold is very -- it's like show up, do you have a pulse, you know, it's -- it's not very much and we didn't formally go out there -- I mean this really is a testament to the work that you guys are doing, because all of us had little anecdotes of things that you guys do outside of your normal meetings that we pointed to. So, we didn't -- I think it would be a great exercise our next time around to actually go through and say, look, this is a rubric for, you know, the expectations --that expected value. I actually added that this weekend. Page 10 Meridian City Council Work Session Item#1. July 20,2021 Page 8 of— So, I was driving back from California and I'm like what -- what am I trying to say here. So, that was my comment, not the committee's comment, but it's like what -- what are we trying to drive to here and I think it is that expectation, because, you are right, I have talked to people that are looking at public service -- even on our commission and people always ask, well, what's expected of me. Well, let's talk about that. Let's measure it and let's give you that, because that's the people I want. Like when I hire people in the private sector I have got expectations for them, you know. I expect you to show up 15 minutes early to work, because that's on time. I -- you know, I expect you to give me an honest day's effort. Like these are the things that I lay out for employees. I don't think it's any problem at all to lay the same expectation at your guys's feet. Borton: Thank you. Evarts: You're welcome. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Josh, thank you very much for your presentation. As a current Council and former volunteer for the City of Meridian, our volunteers spend significant hours as well alongside of us and we really -- I really appreciate the time that the committee has spent to make these considerations and I know they are very difficult and knowing all of my fellow Council Members I can't imagine that community service wasn't the first thing they had in mind. But I have to say thank you, because I know when -- I spent about a year deciding if I was going to run -- run for this seat and a big part of that decision was what I would forego as a business owner and the time that I would invest and there -- the -- the compensation is not equivalent to what I give up to do it, but that's not -- that's not really in my mindset. But it is a bonus, I guess, that that is -- is there as part of what we do. So, I would run even if there weren't any increases. But I really appreciate it, because I think this might be the first Council in recent past where all of us are full-time -- full-time businesses or work outside of what we do here on Council and that's pretty significant and I think that does speak to, you know, showing that there are -- that many different types of individuals can run for this office. So, I think at some point it was -- it was at the point where, you know, you kind of need to be retired or have -- really have this other source of income, because it just wasn't a position you could consider otherwise. So, I just want to say thank you for taking all of those things in consideration and I know -- I know for me I would have run anyway, but it is -- it is nice to have that consideration be made. Evarts: You're welcome. Strader: Mr. Mayor? Simison: Council Woman Strader. Page 11 Meridian City Council Work Session Item#1. July 20,2021 Page 9- — Strader: Thanks, Josh. One question I had specific to the Mayor's position -- it sounded like we have some compression where there could be directors that are too close to the Mayor or there are other employees than the Mayor is closely compensated to them. There is something that strikes me about that as being kind of wrong. I don't know if HR is available to lend light on that. But is there a compression between kind of the next leadership level and that leadership position for the city? If someone could kind of give usa -- Evarts: Yeah. Let me -- I will cover that and, then, Crystal, if I have lied you can correct me. We actually talked about that. So, we went through the director positions. Most of those positions are actually professional positions, so they are coming with a certain amount of degrees and education and training, as well as longevity. So, we have people -- like, Bill, how long have you been here? A thousand years? Nary: Seventeen. Evarts: Seventeen. So -- so, there is people that have been here a long, long time and so in that process there is -- there is -- there is just, you know, merit and normal raises that go into that. We were very very adamant that we didn't want to compare those numbers. Like we really do believe that there is a public service component and there is also a lot of intangibles specifically with a Mayor's office that we think is a value add that is a part of his compensation that -- that we felt, while it was out of line from a pure dollar standpoint, we felt that with these adjustments it wasn't out of line as we looked at -- at other positions and it-- actually, we didn't feel it was appropriate to maybe compare some of those -- some of those other director level positions. And, then, you have some other dynamics at play that -- that went into our whole thought process. Like we argued -- I mean there were real legitimate -- like there should be more and, then, there were people that were like, no, this is -- this is appropriate. So, we -- we struggled with this. Like this wasn't just us getting together for 15 minutes and going, hey, let's just give people a raise, we like these people. It was -- it was a lot of-- and it wasn't-- actually, we took the people out of it. We were always talking in terms of activities and things that we saw. Again, it's that whole expected value. Like -- like forget if any of you were in these seats, what would I want from council seat number three, like -- and let's work towards that and make sure that we are compensating that appropriately. Or the mayor. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Thanks for the insight and I think it's not specific to the people, it's specific to the seat and what's expected of the seat and I tend to agree with you, there is a community service component, but I guess I -- I would share a view that, you know, I expect a certain caliber leader to be the mayor of the city as well and I would hate for there to be so much compression between those levels that it just doesn't make sense anymore from a common sense perspective. So, I think that commentary helps me understand how you guys approach that. I guess a little bit of feedback. You know, I -- I Page 12 Meridian City Council Work Session Item#1. July 20,2021 Page 10—— -- I go back and forth. It's awkward. You know, I -- I do think people should do this for a love of serving the community, but I do appreciate Council Member Perreault's point that part of this is also opening this up to a bigger group of people and making it possible to have some representation from a pretty broad group of high achievers in the community that want to do his job. So, it's hard to strike that balance and I guess we have to think of people that are in the seats in the future, as well as the ones that are in currently. I don't think that's as relevant, but, really, it's -- you know, how do we cast a wide net going forward. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I just want to ask Josh -- I don't think it probably came up, but in looking to the future the next two years, it's likely we will be running in districts at that time, which shrinks our geography a bit, but I think the demands will still be there. But was there any -- any chance you guys discussed that and the compensation in -- in light of running in districts, as opposed to being -- representing people citywide? Evarts: No. It came up. The only adamant decision that came up that unless Idaho Avenue specifically becomes a district there is zero chance that I'm running for any public office ever, so -- but if that ends up that Idaho Avenue by itself becomes a district, yes, I will be running. No. We -- we brought it up. We felt that there was -- you know, that's going to reveal itself. It really didn't have much to do with what we thought the next kind of two years looked like and we felt like that was probably another important reason that we just stay as a committee and work every two years, because things are going to change and shift and I think we --we are going to be people of integrity on this committee, even though a couple names changed it felt very similar, even Clint, you know, being on there forever, I felt like the -- the tenor of the -- of the -- of the group was identical and I think that even if we saw a case that we needed to make adjustments that were sideways or down two years from now, I think I would approach it with the same amount of integrity that I am today. Bernt: Mr. Mayor? Simison: Councilman Bernt. And your audio is low, so get close to your mic. Bernt: Okay. Can you hear me now? Is that better? Simison: Chris is going to try to adjust it up a little bit. Go ahead, give us another shout. Bernt: Hello. Hello. Testing one two. Simison: Yeah. Just talk loud. Bernt: Okay. So, you know, Josh, thank -- thank you so much for your presentation and Page 13 Meridian City Council Work Session Item#1. July 20,2021 Page 11 of— your approach. I -- if there is one thing that the City of Meridian does right it's our citizen committees. I was lucky enough to be in a lot of those committees back in the day when former Meridian Mayor Tammy de Weerd appointed me to -- I have been on this committee a couple of times and the dialogue that goes in these -- in these meetings is very complex and it's long. There is never agreement until the very end and -- but that's a good thing, because people care and that's the most important thing. At the end of the day I -- I agree with everything that my Council friends have mentioned. There is nothing that I disagree with. The one thing that I spoke about a year or two ago when we had this conversation was -- I just don't believe that a specific type of person can only run for office and sit in these seats and make these types of decisions. I believe there are a lot of people out there with a lot of talents and a lot of foresight, with a lot of experience, and they should have just as much opportunity to be on City Council than -- than someone that's retired, someone that's self employed, someone who has probably more time and so with that said I -- you know, I think that the numbers that were presented are fair. I think they are reasonable. I don't think they are out of line. It is an awkward conversation, but it's reality and I don't have any problem talking about it. A lot of the decisions that we make today affect Council -- future councils and what that looks like as well. There was a number that was stated that, you know, in the past 20 years only five -- four or five increases have been given to Council and the Mayor and, you know, it puts -- it puts future councils, you know, behind the eight ball and so I'm okay with it. I appreciate you, Josh, and I appreciate your committee and -- and the time spent debating this. I appreciate you. Evarts: You are welcome. Simison: Council, additional questions, comments? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a process question. We have under ordinances two ordinances that provide for waiver of the second and third reading rules and I think we want to have a public hearing and not just rush these through, allow, you know, citizens the opportunity to comment, but I also want to make sure we meet the deadlines for when that has to be done by. So, I don't know if it's -- Simison- I would turn it over to Mr. Nary for comment. Hoaglun: Mr. Nary. Yeah. Nary: Mr. Mayor, Members of the Council, Council Member Hoaglun, that's a great question. So, the intent of putting it on tonight was really for your review, not as a reading itself, because I had been told that there was a desire to have at least the ability for the public to comment, but we would have to put it on next week for action, because unless you want to have a special meeting on August 3rd, because it has to be approved prior Page 14 Meridian City Council Work Session Item#1. July 20,2021 Page 12—— to August -- I think it's 15th. And so we won't make it if we wait another week, because of how our publishing cycle goes. So, we won't make it beyond that. So, we would have to do it either next week with a waiver of the reading rules or you would have to have a special meeting to do anything. So, the one that's on there, the only thing I would -- would suggest, if the Council is supportive of the committee's recommendation -- and this is my error, so I neglected to delete the section on the automatic increase that we put in two years ago, so the -- I have a revised one to send to the clerk for next week, if that's the direction of the Council, with the same dollar figures that are proposed, but with deletion of that section where there is an automatic increase in the market adjustment to the general employee wages, to remove that provision. But we could put it on next week to have it eligible for a public input, public hearing, and, then, you have the ability to approve it next week if you wish. Simison: Did that answer your question? Hoaglun: Mr. Mayor. Thank you, Mr. Nary. Yeah. And I think that would be good if we put that up there for -- for public comment next week and I'm good with deletion of that market adjustment as well for both those. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I agree. And I see head nods going on the deletion of the market adjustment, the recommendation is certainly sound from the work that has been done. I guess the last comment maybe -- this comes up in the public hearing, but I'm really intrigued by this expected value and having some objective measurement. I like -- and this is my personal opinion. I like lagging other communities in this one regard. I like being low and last perhaps in comp. The challenge though, boy, it should come with some delineation of that expected value; right? So, if we are paid in the middle range or less, that doesn't correlate with expectations that are less. So, to have that done -- not necessarily as part of this, but, boy, if the committee is working -- your input, Josh, we have a cup of coffee and -- Evarts: Yeah. Borton: -- I think that's going to benefit everybody who serves and anybody who looks to serve be able to articulate here is what the community expects from you. I think that's a great ask. I'm glad that became part of your analysis. Evarts: Yeah. Simison: Yes, Josh. Evarts; Councilman Borton, I would offer that you guys make a request of the compensation committee to meet one last time when this is done. I think it would be really Page 15 Meridian City Council Work Session Item#1. July 20,2021 Page ——— valuable if any of you guys wanted to come in once this is over and be a part of that, because I think it's a really valuable conversation. We just don't actually know all the little things. I know a little bit, because I talk to a handful of you on a regular basis, but we don't even know, but capturing that -- I think that's an area where we can lead as a municipality that this is the expectation and -- and we don't mind, you know, what -- yeah, I get that we are trailing, you know, the people to the east that start with a B, but -- but where we are leading is we have created this expected value proposition for--for our city leadership and I think that helps inform people that want to run for these offices in the future. So, maybe make that request and I'm sure you would find some of us that would be willing to come in and spend an afternoon. Simison: Okay. We will be vacating Items 19 and 20 off this evening's agenda when we get to that and bring this back with a public hearing next week with those changes. Johnson: Mr. Mayor, Mr. Nary, do you -- do we still want a first reading and public hearing on the 2nd or do you just make them. Nary: So, Mr. Mayor, Members of the Council, Mr. Clerk, so since I have to change them anyway, we will just do a first reading of the waiver for next week. Evarts: Thank you. 13. Fire Department: Fiscal Year 2021 Budget Amendment in the Amount of $40,817.00 for One Additional FTE Firefighter Simison: Thank you, Josh. Okay. Moving on. Item 13 is the Fire Department fiscal year 2021 budget amendment in the amount of 40,817 dollars and turn this over to Chief Blume. Blume: Good evening, Mr. Mayor and Council Members. Yeah. The Meridian Fire Department looked at our overtime expense, looked at some of the cause and effects of how we can improve and decrease our extremely large overtime budget and what we noticed is that we have individuals who are on extended leave in the rank of captain and in the future battalion chief, with a -- with known retirements coming up and so one of the ways we were able to -- or would like to reduce our overtime expenditure and have a fully staffed roster and stop calling back overtime at a time and a half rate, is to bring on a full time probationary firefighter. We already have a list -- a hiring list that's in place, so there is no additional cost or process for that and bring that person in as a probationary firefighter paramedic for-- to offset the overtime that would be insured every shift with the captains or battalion chiefs that are off and, again, this -- this just offsets that position and fills and staffs our roster. Simison: Council, questions? Strader: Mr. Mayor? Page 16 Meridian City Council Work Session Item#1. July 20,2021 Page ——— Simison: Council Woman Strader. Strader: Just a comment. Chief Blume, I think we all really appreciate you being proactive on this and finding a way to save the city money, particularly the overtime has been something that's very challenging and part of the nature of the job, but anytime you find an opportunity like this I just really appreciate it. I think we all do on behalf of the taxpayer. So, unless there are questions I'm happy to make a motion. Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we approved the Fire Department fiscal year 2021 budget amendment in the amount of 40,817 dollars for one additional FTE firefighter. Perreault: Mr. Mayor, second that motion. Simison: I have a motion and a second to approve the budget amendment. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. The item is agreed to. Thanks, chief, for bringing this forward as a solution to a known issue. Blume: Thank you, Council and Mr. Mayor. MOTION CARRIED: FIVE AYES. ONE ABSENT. 14. Finance Department:Approval of Fiscal Year 2021 Amended Revenues and Expenditures in the Amount of $133,440,148.00 15. Finance Department: Tentative Approval of Fiscal Year 2022 Proposed Revenues and Expenditures in the Amount of $191,686,966.00 16. Finance Department: Approval to Reserve All Foregone Revenue Associated to the Fiscal Year 2022 Budget in the Amount of $454,885.00 in Order to Utilize that Amount in Subsequent Years Simison: Okay. So, we will move on to Items 14, 15 and 16. Have that conversation all at once and is there any conversation or just turn this over to Mr. Hoaglun? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I failed to have a conversation with Council -- Councilman Hoaglun this afternoon Page 17 Meridian City Council Work Session Item#1. July 20,2021 Page ——— when I asked him to lead motions and such, but just to -- just to be clear what these motions are about, all we are doing is setting a number that can be presented, you know, to the public when we have our -- a public hearing. We are not approving anything. We are not debating what's inside. There are not -- these are just numbers that will be debated at a -- at a future time. So, I'm sure that folks -- you already know that, but for those who are watching that may not, I just wanted to be clear. Thank you. Simison: Thank you, Councilman Bernt. Councilman Hoaglun. Hoaglun: Yes, Mr. Mayor, as Councilman Bernt noted, that these are for publication and these are what will be discussed and so these are the amounts that we are moving forward asking the public to look at and -- and comment on. So, for item 14, the action needed for publication is Council to approve the amended revenues and expenditures for fiscal year 2021 in the amount of 133,440,148 dollars. Simison: Mr. Nary, do we need to take these one at a time or can we do them all at once? Do we need to take these one at a time or can we do these all at once? Nary: I apologize, Mr. Mayor. We can do them all at once. Hoaglun: And, then, Mr. Mayor, I will continue. So, Item 15 is Council to tentatively approved the proposed revenues and expenditures for fiscal year 2022 in the amount of 191,698,966 dollars. And, then, for Item 15, Council elects to reserve all foregone revenue associated to the fiscal year 2022 budget in order to utilize that amount in subsequent years. That amount is 454,885 dollars. Johnson: Mr. Mayor, before we move on. Mr. Hoaglun, can you reread the number for Item 15? 1 didn't follow. Hoaglun: Yeah. Item 15 to tentatively approve the proposed revenues and expenditures for fiscal year 2022 in the amount of 191 ,698,966 dollars. Johnson: Mr. Mayor, I have a different number. That's why I was -- Simison: Yeah. We -- Johnson: -- 191,686 -- 191,686,966? Simison: That's what's on the agenda. Hoaglun: And mine shows 698, as opposed to 696. Simison: Do we need to go with what's published on the agenda? Nary: Mr. Mayor, Members of the Council, no, because, again your motion can cover that, even though that was -- was published, because it is published in the memo that's Page 18 Meridian City Council Work Session Item#1. July 20,2021 Page ——— attached to the agenda is 698. So, you can -- you can certainly change it. But, again, it's the high water number. Though you can change that if that's the correct -- as long as that's the correct number. Purser: Yes. Council and Mayor. I apologize for the confusion. So, the number. 191,698,966 dollars is the number. Simison: That's what was read. Just different than what's on the agenda. So, Council, you have that as a motion. Do I have a second? Perreault: Mr. Mayor, second the motion. Simison: Okay. I have a motion and a second to set the numbers for the FY-21 , '22 and foregone revenue for FY-22. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the items are agreed to. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. 17. Fire Department and Police Department: Construction and Design Discussion for Fire and Police Stations Simison: Next up is Item 17, Fire Department and Police Departments construction design discussion for fire and police stations. I will turn this over to Chief Blume. Blume: Good evening again, Mr. Mayor and City Council. Following our last budget hearing that we had there was a number of questions that were raised by the Council regarding the ability to deliver on time, on budget, and this evening was able to bring in the executive vice-president from ESI Joe Jackson, as well as the director of estimating for the commercial division of ESI Jon Martz and I would like them to come up and give a presentation to the Council -- a brief presentation and, then, be available for questions regarding ESI's capacity to complete one, two, or four projects. Jackson: Good evening, Mayor, Council Members. Thanks for having us today. As a company we have been working on a document that we -- the purpose is to share with some of our customers and partners on what the market escalation looks like in construction. This is a draft of that document. When asked to come here and discuss escalation, we thought this would be a good place to run through it a little bit. There is probably more information in here than you need. Some of it obvious. So, I will go through it rather quickly. Obviously, the market is undergoing some escalation and price increases. Page 19 Meridian City Council Work Session Item#1. July 20,2021 Page " —— Johnson: Use the arrows on the keyboard, instead of the mouse. Martz: Oh, got you. There we go. Thank you. Jackson: So, what we consider the -- the market price increases, the result are a result of generally a perfect storm. When you consider a global pandemic once in a lifetime, Federal Administration change -- policy change. The pipeline shutdown. The Suez Canal. The ice storms in Texas. All those things really culminating in a three to four month period. It's really hard to imagine more disruptions than that in our supply chain. This has affected really materials across the board. You know, nationally as an average, materials have gone up 26.3 percent since April of 2020. Obviously, that's an average. Some things have gone up less. Obviously, things like lumber have gone up quite a bit further. This is a -- you know, when COVID happened last year there was an immediate slowdown in construction and everybody pausing and waiting and deciding let's see what the world looks like before moving forward. So, what that created is some -- some pent up demand, some lack of production during that time frame and all of a sudden when the world recovers and comes back to some sort of normal, there is --there is a lot of demand and not a lot of supply. You know, what -- what COVID saw was a lot of factories across the country down or down to ten percent, 20 percent of manufacturing. Well, where we are at right now as far as construction is a hundred percent -- 120 percent of what it would have been a year ago and material is not catching up. So, obviously, shortages are causing major delays. You know, the local impact. You know, if you -- if you see what's happening out there with home prices, you see what's happening with rental costs -- if anybody saw the Today Show it was, basically, an advertisement for everybody across the country to move to Idaho. So, it's -- you know, there is a lot of stuff going on there and everybody's trying to do something at once. Everybody's trying to keep up with the demand for rental product and home product and there is -- you know, the labor is not keeping up and, then, there is --there is pressure on wages, obviously. You know, it costs more to rent an apartment, it costs more to buy a home. So, all those costs are going up. You can see a 31 percent increase in residential construction costs in May '21. So, it's really affecting everything. I mean it's -- it's lumber. It's anything that is affected by fuel, which is PVC, roofing materials, structural steel, steel decking, flat plate -- you know, gypsum drywall. You know, it seems like every -- every week we are getting communication that another product is going up. And, then, the labor impact continues to plague us locally. Items like extended unemployment benefits, you know, have affected our -- our labor pool as well. Let's go to the next one. So, lumber is probably the hot topic, you know, because a lot of construction that we see here is either apartment construction or home construction. So, lumber is -- was up 400 percent. That's peak in May from where it was a year before. This is a pretty good little picture here. If you look at the -- on the one side here, 50,000 dollars worth of lumbar in May or '21 buys you two and half single family homes and a year before it would buy you ten. That's a pretty staggering example of what -- what's happening with lumber. So, a lot of what's coming around now is -- the dimensional lumber is coming down, which is -- which is helpful, but things like -- like OSB, plywood, that it uses the resin products are -- are still -- are still struggling to come back. Steel. You know, a lot of the factory issues are affecting steel and there is also a pretty significant drop from Amazon nationwide. Amazon bought Page 20 Meridian City Council Work Session Item#1. July 20,2021 Page ——— 350,000 tons of joists and decking across the country, which has affected that pricing and lead times. Right now for joists and deck, the lead time is like nine months where it used to be two. Concrete is another one that is starting to have an effect. There is contractors going on rations. It hasn't been too bad yet. We are thinking that it's going to get a little bit worse, but probably not going to be a major impact like steel and lumber has been. So, there is not a magic -- obviously, not a magic silver bullet for this. We believe by first quarter of next year a lot of these materials will stabilize and production will have the chance to catch up with demand. You know, for us right now we are trying to be -- trying to allow for flexible timing on bid packages. Material flexibility and choices in what we are using. And, honestly, in some contracts we are going with allowances. If we are signing up for an apartment project today and the number is five million dollars and a year ago it would have been two million dollars, we are creating an allowance and we are buying it nine months later. There just has to be ways to get creative to --for the customer to allow the project to move forward, so -- oh, yeah. Another-- another picture of, you know, what a hundred dollars worth of lumber was -- looked like in 2018 and what it looks like in 2021. So, I know that was brief and fast, but -- and most of that is probably fairly well known by everybody, but just wanted to give you a general idea. You know, we have been working on your fire station projects for some time and have been estimating what the cost of construction will be. We have always generally understood what we think the performance period is going to be and have tried to adjust our pricing to be accurate in that time frame and we have provided a recent update as -- three weeks ago I believe and we believe that reflects where pricing is now, which we think is at the peak of the market and we are starting to see some things come down. So, we think it's reflected accurately. But we would stand for any questions you have on the overall program. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: You said that you believe by the first quarter of next year that market prices will start to stabilize. Can you give us some more details on why specifically you think that -- that that time frame is what -- where we will see -- see some of it start to shakeout and is there a specific material that you think will continue to challenge us or are we talking -- right now it's -- it's literally everything. HVAC systems. Rubber. Microchips. Thermostats. Everything. So, are just a portion of those going to stabilize? Commercial is, obviously, very different from residential and the products that you are using, masonry, steel versus lumber and drywall. Can you talk to us a little bit about how that -- well, are you saying that for what you are doing for the City of Meridian you think that it's going to stabilize for the first quarter or are you saying that industrywide you think that's going to stabilize for the first quarter? Jackson: Yeah. Good question, Mayor, Council Members. I, obviously, don't have a -- a crystal ball, but, you know, in talking to the industry experts that I -- that I speak with and we are reading what I have read and seeing some of the trends that are starting to change, you know, have an opinion of what I think is going to happen. Lumber is already showing it. Lumber has come down quite a bit. What the -- what the random lengths are Page 21 Meridian City Council Work Session Item#1. July 20,2021 Page ——— trading at have come down by 50 percent. Now, pricing hasn't caught up with that. It has to stay at that level for a little while for the pricing to actually catch up for it to be trusted, but the trend is that it's going down. Steel is one that we believe is going to recover as well. Steel is one that's a little bit tricky, because it deals with some international material trading and where the scrap iron is being sold to and things like that, but the experts that we speak with think that it's going to settle down some. I do think that it's not coming down all the way to where it was a year and a half ago. I think there is an inflationary piece here that's going to stick with it, but I don't think it's going to be where it is now. You know, some of the fuel based products, you know, part of that spike was the pipeline shutdown. Whether that's a real effect or an implied effect, we think it's going to be short term. Again, it's not going to come back down to where it was, but we think that it's going to -- the pressure is going to release in early next year. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Joe and Jon. Appreciate the presentation. Maybe it would be helpful for Council if you could kind of go through -- so, if you are acting as our GC under a GMP, could you talk about how that arrangement will protect the City of Meridian from cost overruns and ensure that this project is delivered on time? Jackson: Yeah. Mayor and Council, good question. So, when we -- when the design is complete we bid the project out to trade partners, subcontractors, the concrete trades, the electricians, the plumbers, the masons and we get our bids in, we compile the bids, we review with -- with you our customer and with the low bids and, then, we enter into a guaranteed maximum price, so -- and we effectively have lump sum bids in all of those trades within that guaranteed maximum price and, you know of a force majeure events there is really no ability for those -- for that price to change and so that is a guaranteed maximum price and the way those contracts work is it's just like a lump sum contract, except for if there are savings, the savings go back to the owner. Martz: I will just add to that. So, prior to even putting the bid packages together for the city and the community to bid on, we are working with our design partners and the City of Meridian representation to identify those key materials, like wood versus steel trusses; right? We have made a conscious decision, based on the lead time that's required for steel trusses, that nine month lead time, that that's probably not a good idea. Even though wood is inflated, it's going to be better for the project to go with something we can get earlier rather than waiting and delaying the project and potentially delaying further escalation or impacts to the project. So, that's one key example of materials and how we are helping in the preconstruction side. Strader: Mr. Mayor, quick follow up. Simison: Council Woman Strader. Page 22 Meridian City Council Work Session Item#1. July 20,2021 Page 20 of— Strader: And what percentage of the hard costs do you think you will have bought out at different times? In other words, how are you -- in terms of how you run your business, how do you sort of control for that risk and if you have significant cost overruns if you could just explicitly explain how that would be handled under the contract. Jackson: So, for the way this contract is structured, we would have to bid it all out at one time and so those low bidders are identified at that time and, then, we enter into a GMP with the City of Meridian and, then, we immediately sign up subcontractors after that. So, it may be a 30 day time frame after we sign a contract. Strader: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Do you have, as of today, your current construction cost estimate for Station 7, for example? Martz: As of today's pricing we have not updated the budget for today, but looking at the pricing we have provided, in conjunction with the contingencies that we have discussed with our Meridian representation, as well as contingencies, we carry it to day, there really hasn't been anything shockingly different from what we have provided in our last budget update, which was three weeks ago. Jackson: Yeah. Borton: And I don't -- Simison: Councilman Borton. Borton: Yeah. Mr. Mayor. I don't have them with me. Do you recall what they were, the last ones you did, as of three weeks ago? Martz: I do not off the top my head. I apologize. Borton: They might have it behind you. I was just curious. I was going to ask you the same question about the police precinct. But is it the same, three weeks ago was the last update? Martz: Yeah. The benefit with both of these facilities is that they are very similar in structure and interior finish design. The one difference is -- between the two is that one, obviously, is higher operational. So, for the police precincts you get a lot more office space, printer area, you know, operations associated with that. Whereas, the fire station is a mix between operation and living type of facility. But for the most part, you know, the walls, the doors, the roof all those materials are really going to be very similar and it's just Page 23 Meridian City Council Work Session Item#1. July 20,2021 Page 21 of— those key finishes, whether we are going to do polished concrete on the floor or carpet, it's a general living space in the kitchen or if it's an office space in the precinct, so -- yeah. So, the way we have formatted the budget in conjunction, you know, coordinating with Stacy and team, is we have broken each project out between each site, between station costs, between fire and police precinct, as well as the associated shared costs due to them both being on the same site, we have a lot of infrastructure costs that are going to be need to be shared between the two stations, whether it's the water tie in, the gas tie in, items like that. Power. The generator cost. Right? Those are all going to be needed for both facilities and so we identified those out for the city to allocate appropriately, depending on, okay, which one is going to go first if that's the case or are they going to go at the same time, you know, how do you guys want to break those costs up. So, that's how we put those together. For the costs, you know, the buildings are the -- are the same price, basically, for -- between the two. So, the first station is 4.7 million dollars and change and the police precinct is 4.6 million dollars and change and approximately between the -- the shared costs, obviously, vary between the two. The shared cost between the two -- I'm trying to -- the northwest site is going to be about 856 -- 856,000 dollars and the south side is about 686,000 dollars. And I mistakenly said they are the same. The site work, obviously, varies, but the two stations and precincts are the same cost, because they are the same building,just copy and paste it over to the different sites. Strader: Mr. Mayor? Simison: Just want to make sure he's not going to modify that. Martz: No. No. I'm good. I'm just-- I'm just-- I haven't seen this. I'm just reading through it really quick here. So, this is an all-in cost, including design and construction cost. So, for the --for the fire station cost for all four stations from northwest would be approximately 6.5 million dollars. I don't believe this cost includes any of the city costs that are listed here and I would have to double check against the numbers we have provided here. But it's basically just an all-in station cost for all four stations and -- between the northwest and the south side. Jackson: Northwest fire station at 6.5. South fire station at 6.624, so -- and these numbers do include the overhead soft costs. I'm just checking on the bottom of my sheet here, the budget that we have provided. Borton: Okay. Mr. Mayor, I guess to close the loop on that question, just understanding what -- the source of the data, if that's like our spreadsheet of our internal budget work or is it your estimating -- updated estimate of the total cost? Martz: So, this is our updated estimate. We provide a summary sheet that breaks down both ESI's projected construction costs come bid day and, then, we give different breakdowns between design costs, consulting costs„ impact costs. You know, City of Meridian permits and fees, utility extensions, different items like owners FF&E, you know, providing bedding -- you know, bed frames, all that sort of fun stuff that it actually takes to make these places operational and, then, breaking down, you know, weather conditions Page 24 Meridian City Council Work Session Item#1. July 20,2021 Page 22—— and other costs, you know, city salaries, land costs, the risk, et cetera. And, then, at the bottom of the sheet we provide, you know, alternatives -- high level alternatives that we come across on these projects. Simison: Council Woman Strader. Strader: Just a clarifying question on that. So, I understand -- and I think I do. So, the shared facility costs remain unchanged regardless of the number of stations built. So, in other words, if-- let's say we built two fire stations and one police station. Then the shared cost for that 856,000 dollars would be -- would probably split 50-50 between two stations, but now that would be incurred for one station, am I understanding that? Martz: Correct. Yes. Strader: Okay. And, then, the numbers that you just threw out there, does that include the tenant improvements of whatever the fire chief thinks we need for finishes and -- Martz: Yeah. These are complete build outs in -- to account for both -- both the fire and police and shared costs. Strader: I have some more if I can. Simison: Go ahead. Strader: Thank you, Mr. Mayor. What type of ongoing reporting and monitoring are you going to provide the City of Meridian? Martz: So, we have reoccurring meetings both with our design partners on the -- on the team, as well as our City of Meridian representation. So, we discuss -- I think about three weeks ago, right before we turned this -- this update in, we discussed structurally kind of hitting back on the roof truss discussion; right? Historically we see steel trusses in these types of facilities, but due to the roof pitch, as well as the -- the market escalation and delays that we have found with steel roof trusses, we came to the conclusion that for the benefit of the projects, both timing and budget wise, that wood would be better and, again, that's just one of the examples that we are having as we go through the process of, okay, here is some design questions that the team might have and rather than waiting for them to complete a full design update per se, the design development package, they are coordinating with us in realtime, asking us questions, hey, what do you -- what are your thoughts on this scope of work and so it's -- it's a -- it's a constant communication between all the team members. Jackson: For clarity on our process, you know, as we -- as we do go through those estimating phases, we -- we have a lot of historical data for public buildings and fire stations in particular, but at the same time we are still engaging trade partners along the way to get opinions of cost as we move forward. So, our estimate is fueled by direct subcontractor feedback. So, we have spoken with some electricians and -- okay. So, it's Page 25 Meridian City Council Work Session Item#1. July 20,2021 Page——— not just our historical data that's going into those numbers. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah. I would expect that to be the case, that you are pretty close to the trades that are planning to bid on it, but I guess my question was more -- you know, if we move forward, right, and that contract is signed, what are the regular updates that you are providing to the City of Meridian on how construction is taking place, if it's on time -- like what's the frequency of that update. Martz: So, you know, for each project and each project team it's a little bit different, but would say at least monthly usually there is an owner, designer, contractor meeting weekly, bi-weekly, and certainly monthly where we provide updates on the schedule and overall cost how things are going, so -- Strader: Thank you. Simison: And historically I think that those have been provided to the City Council following that as well. Either written or in person. At least that's my understanding. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I got a question for you. Is there a way to add a deductive element to the subcontract if prices drastically drop or they go lower prior to construction? Jackson: So, that's a -- that's a good question. It's not something that has come up a lot in the past, but it has something -- has been something that's come up a little bit recently. As I mentioned, some -- finding some creative ways to maybe not purchase materials until they are really needed. If it's a material that happens to be in a spike, like lumber was in May, you know, if you go to the bid process and you bid to subcontractors and you accept their price, there is really no way to -- to recoup that, but if you do want to say delay the purchase of some commodity that is -- is high, you can declare an allowance and as long as you do that in the bid process you can declare an allowance, but understanding there is -- there is risk there as well, that if-- if the material goes up it could -- it could go the other direction. Did that answer your question? Bernt: Mr. Mayor. Yeah. It does. And I know that our purchasing team in Finance, you know, is well equipped and very on top of this, so I just wanted -- I just wanted to make sure that you guys were aware and prepared if something like that were to occur. Jackson: Absolutely. Page 26 Meridian City Council Work Session Item#1. July 20,2021 Page—of 27 Simison: Council, any additional questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Is there additional refinement of those numbers that you are being asked to provide to Police, Fire, or Finance prior to mid-August, like in the next couple of weeks, to -- if it hasn't been updated for three weeks, I imagine the next couple of weeks you can provide sharper numbers to -- in treating each four completely independent to try and articulate here is the updated cost for seven, eight Fire and precinct one, two Police? Martz: Recently we haven't discussed such an exercise, but we are here to help the city as best we can. So, if that's something that you would like to pursue, then, I would be more than happy to get the team going on it. Borton: Okay. Thanks. Hoaglun: Well, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just -- and I think I need to ask Council Woman Strader for assistance. You know, I understand building and design and -- and bidding and all that, but I might need a crash course on futures markets and short selling and everything else. So, this is quite the world upside down right now. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: No. It's a bad idea. Simison: Council, any further questions for ESI? Thank you. Bernt: Mr. Mayor, one last question. Simison: Councilman Bernt. Bernt: I just-- I just-- I guess I hope and pray that, you know, these numbers are accurate, you know. I -- one -- one thing that catches me off guard to a certain degree is that Station 6 was 5.7 million. Station 7 was 6.6 million, which is a change at 15 percent. But your slide is saying that the economics of, you know, the construction industry has rose above 20 percent and so -- I just don't want you to come back in a couple months and say just kidding, eight million. Can we do it anyways? You know, I know that you guys are professionals and, you know, you will handle it, you know, the way that you have always Page 27 Meridian City Council Work Session Item#1. July 20,2021 Page——— handled it in the past, but that's my fear that these -- these -- these numbers are not -- are not -- are not accurate. Jackson: Right. Mayor, Council Member, good -- good question. You know, I did go through that material escalation thing pretty fast and I think the 20 plus percent thing that you referenced was -- was a material average and not necessarily all construction costs -- costs across the board, so you have got equipment and labor as well. So, it does balance out to be more like a ten percent increase that we have seen recently, you know, and I will add that a couple of factors that can improve and help -- help hedge against potential increases is really being strategic and bidding projects at the right time, you know, and we tell all of our customers that if you can bid your projects in January and February it's absolutely the best time of the year to do so versus bidding them in June is about-- anywhere from June to August is about as bad as you can get. So, we encourage everybody if you can time your design process and your bid process to be in the first quarter -- as early in the first quarter as possible, it's the best time, you get the best attention from the trade partner market. Everybody is looking to fill up their books for the year, so you are getting a lot of great competition and a good pricing. So, that, along with, you know, if you are able to, combining as much quantity as you can, because the economy of scale is real in this type of market as well, so -- 18. Valley Regional Transit Fiscal Year 2022 Funding Request Vacated ORDINANCES 19. Ordinance No. 21-1936: An Ordinance Amending Title 1, Chapter 6, Section 5 of the Meridian City Code Providing for Mayor's Compensation and Providing for Market Adjustments; and Providing for a Summary; Providing for a Waiver of the Second and Third Reading Rules; and Providing an Effective Date 20. Ordinance No. 21-1937: An Ordinance Amending Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Councilmembers Compensation and Providing for Market Adjustments; and Providing for a Summary; Providing for a Waiver of the Second and Third Reading Rules and Providing an Effective Date Simison: Thank you very much. Appreciate it. And turn to the team. Is there anything else that -- okay. We are -- we are good on that item. So, I don't know, Steven, if they mentioned to you that you might get bumped to another week. I would -- our next meeting is going to be long. I think we need to give Council a break to get prepared for that, so, you know, I would ask that we vacate Item 18 from today's -- today's meeting and we will probably bring that back -- I don't know whether we said next week, if that was the intention. Yeah. But we did have a backup time frame to do the -- to do the next item. Johnson: We did. I -- Mr. Mayor, I was confirming with Miranda that next week she or Caleb are -- Page 28 Meridian City Council Work Session Item#1. July 20,2021 Page 26 of— Simison: Yes. So, I would suggest we vacate this item, so we can take a break and get prepared for our longer conversation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a curious question for Mr. Nary. If we are vacating the next three items, can I do that in one motion? Nary: Yes, sir. Hoaglun: Okay. Great. Mr. Mayor? Simison: Councilman Borton. Hoaglun: I move that we vacate Items 18, 19 and 20 and that they be scheduled for next week. Borton: Second. Simison: I have a motion and a second. Is there any discussion? If not -- Perreault: Mr. Mayor? Simison: Oh, Council Woman Perreault. Perreault: Do we need to include next week's date in that motion or can we just say next week? Simison: I think we are covered. Any further discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the items are agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn our work session. Borton: Second. Simison: I have a motion and a second to adjourn the work session. Any discussion? If Page 29 Meridian City Council Work Session July 20,2021 Page 27 of 27 not, all in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 10 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 6, 2021 City Council Work Session Page 3 Meridian City Council Work Session Item#1. July 6,2021 Page 26—26 McClure: Mr. Mayor, I know that this is currently a topic for Miranda on Eagle Road. The section that hasn't been built yet between Eagle and -- between Amity and Lake Hazel. I'm not aware of any other corridors currently under design for multi-use corridors. I could be wrong, but I'm not aware of any. But I can -- I can make sure Miranda follows up and understands any other potential opportunities where that may -- or issues where that may be coming up. Simison: Thank you. McClure: Mr. Mayor, just so I'm absolutely clear and potentially Miranda understands completely, but I'm not. So, you guys are looking for a letter with some staff suggestion, direction, as to how we could potentially move forward with next steps? Or are you looking for a letter that more specifically asks them to do or stop doing something or would you like to have someone above project team staff come speak to you about why they are doing what they are doing? Simison: Yeah. I was going to say the answer is yes, Brian. I would ask -- Council President and I will discuss appropriate next steps tomorrow morning to figure out the best approach and timing. McClure: Thank you. Simison: All right. With that do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: Motion and second to adjourn to the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)/ 20 2021 / MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 29 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 6, 2021 City Council Regular Meeting Page 30 Meridian City Council Item#2. July 6,2021 Page——— (Medium-Low-Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none -- no request do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1934 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1934 under suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: ALLAYES. Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Hoaglun: Second the motion. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 10:47 P.M. (AUDIO RECORDING ON FILE OF THESE PRO 7 /EEDIN 2�) 2021 / MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 114 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Edington Commons No. 1 Sawtooth Middle School Connection to Linder Road Pedestrian Pathway Easement Page 115 Item#3. ADA COUNTY RECORDER Phil McGrane 2021-109418 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 07/22/2021 09:54 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Edington Commons No.1.SawtootliMS connection to Linder Rd PEDESTRIAN PATHWAY EASEMENT This Agreement (this "Agreement") is made this 20th day of MY , 2021, between Joint School District No. 2, doing business as West Ada School:District,an Idaho School District and body corporate and politic of the State of Idaho("WASD"),the City of Meridian, an Idaho municipal corporation("City") G20 LLC,an Idaho limited liability company("G20"),and Edington Commons Homeowners' Association, Inc., an Idaho nonprofit corporation ("Edington"). WASD, City, G20 and Edington are sometimes collectively referred to herein as the"Parties",or individually as a"Party", as the case may be. WITNESSETH. WHEREAS,WASD is the owner of real property located in Meridian,Ada County,Idaho, on portions of which the City desires to establish a public pathway(the "Pathway") on property described on Exhibit"A"and depicted on Exhibit"B"(the"Pathway Property"),AND WHEREAS, WASD desires to grant an casement to establish the Pathway and provide connectivity on the Pathway Property;AND WHEREAS;G20 shall construct the Pathway upon the Pathway Property described herein and Edington shall provide for ongoing maintenance of the same. NOW,THEREFORE,the Parties agree as follows: WASD does hereby grant unto City an easement on the Pathway Property(the"Pathway Easement"). THE PATHWAY EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said Pathway Easement unto City,its successors and assigns forever. WASD and Edington hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brash, or perennial shrubs or flowers within the Pathway Easement, which would interfere with the use of the Pathway Easement, for the purposes stated herein. PEDESTRIAN PATHWAY EASEMENT- 1 Page�16 Item#3. Project Name Subdivision): Edington Commons No.1.SawtoothMS connection to Linder Rd PEDESTRIAN PATHWAY EASEMENT This Agreement (this "Agreement") is made this 20th day of MY , 2021, between Joint School District No.2,doing business as West Ada School District,an Idaho School District and body corporate and politic of the State of Idaho ("WASD"),the City of Meridian, an Idaho municipal corporation("City"),G20 LLC,an Idaho limited liability company("G20"), and Edington Commons Homeowners' Association, Inc., an Idaho nonprofit corporation ("Edington"). WASD, City, G20, and Edington are sometimes collectively referred to herein as the"Parties", or individually as a"Party", as the case may be. WITNESSETH: WHEREAS,WASD is the owner of real property located in Meridian,Ada County,Idaho, on portions of which the City desires to establish a public pathway(the "Pathway") on property described on Exhibit"A"and depicted on Exhibit`B"(the"Pathway Property");AND WHEREAS, WASD desires to grant an easement to establish the Pathway and provide connectivity on the Pathway Property;AND WHEREAS,G20 shall construct the Pathway upon the Pathway Property described herein and Edington shall provide for ongoing maintenance of the same. NOW,THEREFORE,the Parties agree as follows: WASD does hereby grant unto City an easement on the Pathway Property(the "Pathway Easement"). THE PATHWAY EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said Pathway Easement unto City,its successors and assigns forever. WASD and Edington hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the Pathway Easement, which would interfere with the use of the Pathway Easement, for the purposes stated herein. PEDESTRIAN PATHWAY EASEMENT- 1 Page 116 Item#3. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the Parties hereto, that G20 shall construct the Pathway described herein with the confines of the Pathway Easement in accordance with the requirements of City Case no. H-2019-0109, and that Edington shall thereafter repair and maintain the Pathway. During construction of the Pathway, G20 will install a fence along the north side of the Pathway connected to the existing fence and extending to Linder Road. G20 will also re-route sprinklers (if needed), repair any damage to sprinklers, and restore the landscape to existing conditions. WASD hereby covenants and agrees with City that should any part of the Pathway Easement become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. WASD does hereby covenant with City that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said Pathway Easement,and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Parties have hereunto subscribed their signatures the day and year first hereinabove written. [end of text; signatures to follow] PEDESTRIAN PATHWAY EASEMENT-2 Page 117 Item#3. WASD: WEST ADA SCHOOL DISTRICT, a political subdivision of the State of Idaho By: L "- Name: -MM?-/ 94IJ U, Its: Sy Pk1z10-r9Pj QEL, " STATE OF IDAHO ) )ss. County of Ada ) M This record was acknowledged before me on I ► ��t,/ '�(� , 20� I , by 001' 1?QaedS _, as of West Ada School District. \��G X\?,NEWS PUgl�c.. Notary Public for Idaho Residing at — MY COMMISSION s BVIRES2-11-2022 ' _ My commission expires_ r;2-//,,,a D ON /lllllllllN��� PEDESTRIAN PATHWAY EASEMENT-3 Page 118 Item#3. CITY: CITY OF MERIDIAN, an Idaho municipal corporation Robert E. Simison,Mayor 7-20-2021 Attest by Chris Johnson, City Clerk 7-20-2021 STATE OF IDAHO ) )ss. County of Ada ) This record was acknowledged before me on July 20th 20 21 by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Public for Idaho Residing at Meridian, Idaho My commission expires 3-28-2022 PEDESTRIAN PATHWAY EASEMENT-4 Page 119 Item#3. G20: G20 LLC, an daho limited . bility company By: ."4^ /^ 1��— Name: Its: STATE OF IDAHO ) )ss. County of Ada ) Thi record was acknowledged before me on , 20�, by net A , as of G20 VLC. v 4tal ••�...•������•..'�� Notary Public for Idabo •••.•GR, NE, '4 ''�r,�. Residing at •'t10TAR~�� My commission expires $'•3-POIR(p : Y s pUB L1C_ OF PEDESTRIAN PATHWAY EASEMENT-5 Page 120 Item#3. EDINGTON: EDINGTON COMMONS HOMEOWNERS' ASSOCIATION, INC., an Idaho nonprofit corporation By: Name: M•. Its: STATE OF IDAHO ) )ss. County of Ada ) This record was acknowledged before me on , 20_aL, by , as M9A4M&- of Ecgngton Commons Homeowners' Association, Inc. ••••gr.uurgr•, c••••�,E LqN�, Notary Public for Idaho ,•.G�••••.......•ti�•.,��. Residing at • ;PTARY•• My commission expires $•3 •o�c�Co C �npUBLI ^�• PEDESTRIAN PATHWAY EASEMENT-6 Page 121 ,n EXHIBIT A Legal Description of Pathway Easement 5awtooth Land Surveying, LLC it 2cle"I 308 81.04 3pt)5303 S2c'8)3D&Z 10-11 -411�2. 21 Off Site City of Meridian Pathway Legal Description A 14-foot wide easement located in the NW1/4 SWI/4 of Section 36,Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particulaery described as follows: COMMENCING at the SI/1.6 corner common to Sections 35 and 36,from which the southwest corner of said Section 36, bears South 00014'51"V/est, 1318.78 feet distant; Thence South 88056'15"East,coincident with the south line of the SWI/4 SWI/4 of said Section 36, a distance of 48.00 feet to the easterly right of way line of N. Linder Road, marked by a 5/8 inch rebar/cap KS 5291; Thence North 00014'51"East, coincident with said easterly right of way line, 52.88 feet to the POINT OF BEGINNING; Thence continuing North 001114'51"East, coincident with said easterly right of way line, 14.41 feet to the beginning of a non-tangent curve to the right; Thence easterly, 34.17 feet along the arc of said curve to the right, having a radius of 52.00 feet,with a central angle of 37"38'42", subtended by a chord bearing South 8211343V East, 33.55 feet* Thence South 63045'13"East, 74,80 feet to the beginning of a tangent curve to the left; Thence southeasterly, 20.43 feet along the arc of said curve to the right, having a radius of 1813.00 feet,with a central angle of 0611338",subtended by a chord bearing South 661,52'02"East, 20.42 feet; Thence South 691158'51"East, 74.06 feet to said south line; Thence North 881156'15"West,coincident with said south line, 43.10 feet; Thence North 69115851"West, 33,30 Feet to the beginning of a tangent curve to the right; Thence northwesterly, 21.95 feet along the arc of said curve to the right, having a radius of 202.00 feet, with a central angle of 061113'38", subtended by a chord bearing North 66,052'02"West, 21.94 feet; Thence North 63"45'13"West, 74.80 feet to the beginning of a tangent curve to the left; P-12019'09292-EDING TON SUBDIVISION -CMGlSurveykDreviings�C)escriptiorts'k19292-OFF SITE PATIAMAY Legal.docx 11 EXHIBIT A—I FP,g,122 L_ � Item#3. Thence westerly, 27.88 feet along the arc of said curve to the left, having a radius of 38.00 feet, with a central angle of 42302'05", subtended by a chord bearing North 84°46'15"West, 27.26 feet to the POINT OF BEGINNING. The above described easement contains 2,530 square feet or 0.058 acres, more or less. BASIS OF BEARING for this description is North 00°14'51"West, between the southwest corner of Section 36 and the W1f4 corner common to Sections 35 and 36,Township 4 North, Range 1 West of the Boise Meridian, OIL LA ps CML 1o5s ,P 8114120 o OF P:12019t1S292-EDINGT0N SU9DIVISION-GMG'.Survey'DrawingsVDescriptions119292-OFF SITE PATHWAY Legal,docx • 12 EXHIBIT A—2 Page 123 1/ Item#3. EXHIBIT B Depiction of Pathway Easement D�v�r1Dv gyp. � U ni e4v-4 6L, tsa{�'« ry N r�hM;S �p -, Vrgo, n"rMC A�n.rt'0' N 9oNa+�o wujuW� art . 6tn Ln M1� •-3 Tr in W V ��jjn'101aJ�h5 � '3 91i?�O�b� t`'M�ic ww ly t 1 ti Q� i� zl Yv c Uie�� ,v�i � �qq ��ir'1 ryINiN' Ci Itn !Y M i o T7 TS.>yTaOt)N O z th `u ;4, -J cc Q ry z M'L£92 3„TSJCo09 N .� 59VUIMtl3Q 30 S1St� EXHIBIT B Page 124 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North No. 1 Water Main Easement No. 2 Page 125 ADA COUNTY RECORDER Phil McGrane 2021-109694 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 07/22/2021 12:42 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Hill's Century Farm North#1 Water Main Easement Number: 2 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 20th day of MY , 20 21 between Century Farm Development LLC, DWT Investments LLC and RG Enterprises LTD.CO., ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Page 12Ci Item#4. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 Page 127 Item#4. GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho Corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) ss. County of Ada ) On this� 'day of July, 2021, before me, the undersigned a Notary Public in and for said State, appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the corporation that is the Manager of DWT Investments LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first written above. SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Notary Public for o My Commission expires: a0 Water Main Easement Version 01/01/2020 Page 128 Item#4. GRANTOR: Century Farm Development LLC an Idaho limited liability company By: Brighton Corporation, an Idaho Corporation, Manager az"11- By: Robert L. hillips, President STATE OF IDAHO ) ss. County of Ada ) On this day of July, 2021, before me,the undersigned a Notary Public in and for said State, appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that is the Manager of Century Farm Development LLC,the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first written above. SHARIVAUGHAN Notary Public-State of Idaho Notary Public for I Commission Number 20181002 My Commission expires: My Commission Expires Jun 1, 2024 Water Main Easement Version 01/01/2020 Page 129 Item#4. BV Management Services, Inc., Executive Manager Cortney Liddiard, Pre dent STATE OF IDAHO ) ) ss COUNTY OF This record was acknowledged before me on c ,204 by Cortney Liddiard on behalf of BV Management Services, Inc., Executive Manager, in the following representative capacity: President. BRANDI LOVE ��- COMMISSION NO. 3792 Notary Public NOTARY PUBLIC STATE OF IDAHO My commission expires: � l2- aGz MY COMMISSION EXPIRES 04/1226 Water Main Easement Version 01/01/2020 Page 130 06/10/2021 15:01 0214 P.006/010 GRANTOR: RG Enterprises LTD.CO._ usseil Griffiths,President STATE OF IDAHO ) )ss COUNTY OF -OV7 '0 - This record was acknowledged before me on�Ai -. ,ROW,by Russell Griffiths, on behalf of RG Enterprises LTD.CO.,in the following representative capacity: President. �i �--� v...�JOHN L HUNTER COMMISSION NUMBER 58884 otar Public NOTARY PUBUC` M Commission Expires: 2� State of Idaho }' p My Commtoelsn ExpI 09/01/2023 Water Main Easement Version 01/01/2020 Page 131 Item#4. GRANTEE: CITY OF MERIDIAN Robert E.Simison,Mayor 7-20-2021 Attest by Chris Johnson,City Clerk 7-20-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-20-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 page 132 Item#4. km 9233 WEST STATE STREET I BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930 November 18,2020 Century Farm Development,LLC Project No.18-163 Legal Description EXHIBIT A A parcel of land for a City of Meridian Water Easement situated in a portion of the Northeast 1/4 of the Northwest 1/4 of Section 33,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at a found brass cap monument marking the North 1/4 corner of said Section 33,which i bears S89°15'22"E a distance of 2,660.61 feet from a found aluminum cap monument marking the Northwest corner of said Section 33; Thence following the northerly line of said Northeast 1/4 of the Northwest 1/4, N89°15'22"W a distance of 656.75 feet; Thence leaving said northerly line,S00°44'38"W a distance of 205.19 feet to the POINT OF BEGINNING. Thence SOO"13'57"W a distance of 20.00 feet; Thence N89°46'03"W a distance of 40.32 feet; Thence S00°44'38"W a distance of 25.21 feet; Thence N89°15'22"W a distance of 20.00 feet; Thence N00°44'38"E a distance of 25.04 feet; Thence N89°46'03"W a distance of 50.86 feet; Thence N44°15'22"W a distance of41.22 feet; Thence N89°15'22"W a distance of 19.66 feet; Thence N00°44'38"E a distance of 20.00 feet; Thence S89°15'22"E a distance of 27.94 feet; Thence S44°15'22"E a distance of 13.05 feet; Thence N45`44'38"E a distance of 15.41 feet; Thence 544°15'22"E a distance of 10.00 feet; Thence S45°44'38"W a distance of 15.41 feet; Thence S44°15'22"E a distance of 18.06 feet; Thence S89°46'03"E a distance of 102.79 feet to the POINT OF BEGINNING. Said parcel contains 4,095 square feet(0.094 Acres), more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and bythis reference is made a part hereof. \O pt LA/Vps \6 E N SF0 G�'a o - 662 of ENGINEERS SURVEYORS PLANNERS Page 133 Item#4. FOUND ALUMINUM CAP W. Amity Road POINT OF COMMENCEMENT m NW CORNER SECTION 33 v FOUND BRASS CAP BASIS OF BEARING 29 '-$ _ — — _ — — S89'15'22"E 2660.61' N 1/4 CORNER SECTION 33 28 32 33 ^2003.87' — — — 651.75' 33 S44'15'22"E N45'44'38"E S89'15'22"E 13.05 15 41' RG ENTERPRISES LTD CO 27.94' S44'15'22"E w /-10.00' S00'44'38"W n 1 o 205.19'(TIE)� d Q o to n//---,S45'44'38"W 7J&-Zz S1 �6 15.41' POINT OF BEGINNING R•j�6. NB9'15'22"W� ///S'� S89'46'03"E 102.79' RCS oo l in ?� o t� :N89'46'03"W�N b "N89'46'03"W 50.86' `� 1 40.32 Onono ¢DLO in -t DWT CENTURY FARM b l N/ / M b INVESTMENTS DEVELOPMENT LLC20.00' LLC N89'15'22"W LEGEND ® FOUND ALUMINUM CAP LL FOUND BRASS CAP CALCULATED POINT a — — — SECTION LINE N O LOT LINE PROPOSED WATER EASEMENT V NL LAND a ,%rENSFDsG�6 3 6662 OF 3 0 30 60 90 �fi�[Y KE1���`� mME Plan Scale: 1"=30' ENGINE ERI N G s 9233 WEST STATE STREET W BOISE,IDAHO 83724 PHONE(208)639-6939 EXHIBIT B kmengllp.tom CITY OF MERIDIAN WATER EASEMENT C R DATE: 11/18/20 a PROTECT: 18-163 SHEET: A PORTION OF THE NE 1/4, NW 1/4, SECTION 33, TOWNSHIP 3 NORTH 1 OF 1 RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO a Page 134 Item#4. Title: Date: 11-18-2020 Scale: 1 inch=30 feet File:Deed Plotter.des Tract 1: 0.094 Acres: 4095 Sq Feet:Closure=s37.5103e 0.02 Feet: Precision=1/29785: Perimeter=465 Feet 001=s00.1357w 20.00 007=n44.1522w 41.22 013=s44.1522e 10.00 002=n89.4603w 40.32 008=n89.1522w 19.66 014=s45.4438w 15.41 003=s00.4438w 25.21 009=n00.4438e 20.00 015=s44.1522e 18.06 004=n89.1522w 20.00 010=s89.1522e 27.94 0 1 6=s89.4603e 102.79 005=n00.4438e 25.04 011=s44.1522e 13.05 006=n89.4603w 50.86 012=n45.4438e 15.41 Page 135 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Poiema Subdivision (FP-2021-0034) by Civil Innovations, PLLC, Located at 3727 E. Lake Hazel Rd. Page 136 Item#5. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: July 13, 2021 Topic: Final Plat for Poiema Subdivision (FP-2021-0034) by Civil Innovations, PLLC, Located at 3727 E. Lake Hazel Rd. Request: Final Plat consisting of 48 single-family residential building lots, one (1) Church lot,and 8 common lots on 14.88 acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Page 137 Item#5. STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/20/2021 Legend UT C- N 10 DATE: aProject Location TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner $ R4 208-884-5533 SUBJECT: FP-2021-0034 Poiema Subdivision RUT R:15 R-15 LOCATION: The site is generally located at 3727 E. I _ Lake Hazel Road,in the NE '/4 of the NW '/4 of Section 4,Township 2N.,Range IE. R-4 R-2 RUT Rod I. PROJECT DESCRIPTION Request for Final Plat consisting of 48 single-family residential building lots,one(1)Church lot, and 8 common lots on 14.88 acres of land in the R-15 zoning district,by Civil Innovations,PLLC. II. APPLICANT INFORMATION A. Applicant/Owner: Evans Development, LLC—7761 W. Riverside Drive,Boise,ID 83705 B. Representative: Ben Thomas, Civil Innovations, PLLC— 1043 E. Park Blvd., Ste.101,Boise, ID 83712 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. This is the one and only phase of development of the Poiema Subdivision that received preliminary plat approval in 2020 (H-2020-0035). The same number of buildable lots,the same amount of open space, and the same amenity is proposed as were approved in the preliminary plat. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Note: The Applicant Representative, Civil Innovations,revised the proposed stormwater drainage system to be an underground seepage bed instead of a retention pond. This change was made because the stormwater facilities are proposed within the large shared open space lot(Lot 3,Block 2) and cannot count towards the required open space if the drainage system is a retention pond of any kind. Pagel Page 138 Item#5. Should ACHD not approve of the proposed seepage bed design,the Applicant may have to revise the plat or request a Development Agreement Modification. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 Page 139 V. EXHIBITS A. Preliminary Plat(date: 7/30/2020) ------------ H V T r A w" I'*X, A CIVIL POIEMA SUBDIVISION WORKS �C 3727 E.LAKE HAZEL ROAD,MERIDIAN,ID ' CONCEPTUAL ENGINEERING PLAN Page 3 Item#5. B. Final Plat(date: 7/2/2021) POIEMA SUBDIVISION BOOK ,PAGE LOCATED IN THE NE 1/4 OF THE NW 114 OF SECTION 4,TOWNSHIP 2 NORTH,RANGE 1 EAST,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO 2021 LEGEND - ® ININUM CAPI-111IFNT zssm w ms / "BAS6tl/.. FGGNT OF". � N9956 P6'E 9ISC0 E.LAHf HAZEL RN. BEGINNING nvrH PLs tl to R gw em oirzliG XPITI cNCEna h.bl�9-a'9103�1, Ecr oN�uE F EWER LINE n�5OR.IMTERFRA NAOE NT LINE BEE NE)TE 11 ail N = O PUBLIC VTIL1TAiESB Il GIIUN aT NRA UAGFFASFMFNT NIF TEstaz .� 'g. U o FASNnFNr NFAS NnT q o — MATEFEMAFLOODH ROMNEAEEOCNOARY - � ELNE C$r - "q b © sc IsoN noununeLNI 'Y441_ n F gtt1nrLN S NOE NnCE LITLNE n IESI g an FNTPRGPFR v N �� .. a o t7 LOTNBMEER F �M.F, EaEA1 F�c, `.�fasw>awAtE Fwn - NOTES - _ \ ex i n r rwx, Hs - _— 6� o.Nc�xxr,.�.TN x�E�TLx�rcNN,nrN ter..: FTN,NwECTLx w.re xo v t O oa {� s '� 1 1111T 1111111 TI I- ILL ^max. �vaus r � axc.,T ONrrrTr�1p N�x=xNxorr„o Fn:ra socovsnnwll�ennn em u� r Ncoxwx,N�E1Nr o M orlvrwrery N cnT:wn,A u eE n�'i`reoi.�i`Asse 100 '�4 T I s j n rnarc ewurox s'c°Lt." L 4 � - yql wnrl uucL ran r oAFRLew¢zou x9 xoc+LLsrox _ 6 E olruaas oa 17, � ® ® nx IINE I-I x �® unF 3 IfNaIII I INTO, A a ®(� © ,. cRxKECENr Taxor.xr„NaFrx of a I/• CURVE TABLE - „I�an cuRaFp INcm aaBlus oarA I ofnllNc cl olo � 4 �sn�MFE�x 1pr INr,E-�,�E�nw RALRNE E ALA as B BF \ ® QUINTONVP.HANBEN aw rxr, SEE SHEET 2OF4 FOR BLOCK 1DETAIL FLS l�AEOF,cr� _ Sl1RVEYOR'S NARRATIVE n ry �s I. Land oolutions Land Surveying and Consulting 1FF SOIL U Dn,xv FOR rNIB gnxnlvlC10N ung UFVFI QPFFJ FROM SVRVFVFO TIES TO ='b` �,nu f.ONTROI IING E FGTIO A CORNFR MONUMFNTATION I NFORMATION F ROM RECORD - rs$ 'L> TH 6T,STF I, �A evn- SB.'S611N SIRCCRI�S�LFIVEa NF ICC FELT I I`'iARII OH THE F+OVNOn 1FOR TH iS µps,xU p w..w.anawl�uoce)L2eax55T eolvlsloN sHortN HEREON , SHEET 1 OF 4 Page 4 Page 141 Item#5. POIEMA SUBDIVISION BOOK PAGE LOCATED IN THE NE V4 OF THE NW 114 OF SECTION 4,TOWNSHIP 2 NORTH,RANCE 1 EAST,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO war„���� volnT OF 2021 vex5e'zs"e s+aso' aEClNnixs ss SEE CONTINUATION THIS SHEET E TINE-ox. L T � 5 IN,re F EE O s a s.g e, ..'sab a _I a ❑ Ow 18 _. o a 0 E t V\ In NO. Iq sa 6 — a95S s;r 1 w a o ® x- ®s>w �I�_- �� LEGEND �/ - ffR}� .. _ g ,I I. �� „z®• 3sa ev ,aze�a' Ol V—H—A—DEL IFNT —'S� a I�`� ° a \ F ov® IT— >r rn P�svvve `': a O s Ho x O rr \ s -- m w — snooH—RoznueaeeouuoaAv ', .e-•� 's BONNOARYLINE 'T E.pINARs pi. ',Ja 'or"u�.,eFx ._NE soe poi axe SEESEE CONTINUATION THIS SHEET �zs� BLOCK 1 DETAIL �T�s Land oblutions \ Q-------Land Surveying and Consulting °z """ P11118211 Ell w. nui i ,zse;2ee_eau"1- -11 N5'csws� 'i ��"•�� SHEET 2 OF 4 Page 5 Page 142 Item#5. C. Landscape Plans(date: 6/7/2021) LAKE HAZEL RY �. ��yy JEN$ENBEuT! „ L L �o a 14 Q N \� /�- m Q ❑ Z W F Q \ P, W _ Z 0 _ TR — , MAIGIJUNE Lf — .�.. PLAVT SGFEI�ULE VOTc� ,,,„, "u„"„r., L1 LANDSCAPE PLAN ,i KEY MAP L1 9df M DITMARS o d i i m¢ z :3 IS a 4 Co R J � a 0 LL 0 PLAN �..g ...�, �{ �• .Fr.r .��: ' " KEY MAP ...L2... Page 6 Page 143 Item#5. MATGHLINE L2 N6TCJILINE L8� �F I g , � amp a�R '� rl 4 L �g a U m �o a COw c� J PLANT 5GH87UL= x O z 7N.- L3 y.,,.,t w.Tr�,,.. O 7—yL 71—.1111e yy�y� yyy��Y�+cfrly✓ ,.;c, mu per,..,»,,, _ Z w � VO E5 m Mom. ]o Cn co Z CJ O EN VISION RGN F—E Q Z _ANGSGAPE GALGJLATION5 LANo3CAPE PLAN L4 Page 7 Page 144 Item#5. D. Common Drive Exhibit BUILDING �� `` ZERO ,20e SETBACK LOT LINE ORIENTATION d • .., � 27 112'I 38 C0�! VJ BLOCK 1 c 20• -- VJ 1 37 I 28 BUILDING ORIENTATION ZERO SETBACK LOTLINE (TYPICAL) 29 12' \\� \ 30 I �\ \ I BUILDING M 1 ORIENTATION I ZERO SETBACK LOT LINE \ f 1 12'1 (TYPICAL) R I 20 .: 31 \ •. ---- ----- LOTLINE BLOCK I 20� I (TYPICAL) \ I k 36 BUILDING 32 112' \ 1 ORIEL ON _ 1 � - I SETBACK LINE �V A L------- -- --�� I (TYPICAL) \\ -- —-- ----- \ BUILDING 35I ORIENTATION 33r \ \ L-------- ----- ------- -----7 \\. BUILDING 1 \ ORIENTATION 11 \ \ I I VA�� BLOCK 1 1 VA 34 I 50 25 0 50 � I HORIZONTAL SCALE IN FEET \ 1 v 1 � 1 PROJECT NO 20-1029-PS DWG NED By er LE DRIVEWAY DES IG NE POIEMA SUBDIVISION CIVIL INNOVATIONS,PLLC DRAWN BY BT MERIDIAN,IDAHO 1013 E,PARK BLVD STE 101 CHECKED BY BT BOISE.ID 83712 ISSUE DATE 0!)1n2021 PHONE'.(208)88A-8181 SCALE ASSHOWN SHARED DRIVEWAY EXHIBIT SHEET 1 OF Page 8 Page 145 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-2020-0035,DA Inst. #2020-138120). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the preliminary plat approval(August 25,2022), in accord with UDC 11-613-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Land Solutions, stamped on 07/02/21 by Clinton W. Hansen, is approved with the following revisions: a. Note#8: Correct the referenced common lots (remove Lot 34,Block I as a common lot per the final plat and construction drawings). b. Note#12: Include recorded instrument number. c. Note#16: Include recorded instrument number following easement documentation. 5. The landscape plan shown in Section V.0 prepared by Jensen Belts Associates,dated 06/07/21, is approved as submitted. 6. Per the preliminary plat approval, future homes along the proposed S. Astoria Avenue shall provide variation in building setbacks to provide for an attractive streetscape. A master plan depicting varying building setbacks shall be submitted with the required design review applications 7. Prior to the issuance of any building permit, the property shall be subdivided in accordance with the UDC. 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 of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. The Applicant shall construct a temporary turnaround with a minimum turning radius of 45 feet at the end of the proposed western stub street(E.Ditmars Drive)in alignment with ACHD policies.The turnaround is required until such time that the stub street connects to future streets in the development to the west. 10. Staffs 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: Page 9 Page 146 Item#5. 1. The sewer in private alleys must have a 20-foot private easement centered on the main. Easements cannot have any encroachments including but not limited to buildings,trees, bushes, drainage facilities, etc. 2. The water line at the western boundary of the subdivision must be looped through the property North to Lake Hazel Road. 3. The water line tee at Astoria Ave and Lake Hazel Road, going east, should be 8-inch diameter instead of 12-inch. 4. A fixture streetlight agreement is required for streetlights on Lake Hazel Road pursuant to Section 6 of the Meridian Design Standards. This section of Lake Hazel is scheduled to be widened by ACHD and current streetlights do not meet requirements for the ultimate build out. The agreement and funds shall be executed and paid prior to occupancy of any buildings. 5. A Floodplain Development Permit(FPDP)is required. The property is within an"A" approximate FEMA flood zone. The detailed flood study that has been submitted indicates much larger flood risk and requires a culvert of Lake Hazel to be replaced and LOMR completed. Optimized grading in phase 1 may mitigate some floodplain development requirements. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 10 Page 147 Item#5. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 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 Page 11 Page 148 Item#5. 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 12 Page 149 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Skybreak Neighborhood (H-2020- 0127) by Laren Bailey of Conger Group, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. Page 150 Item#6. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-' AND DECISION&ORDER In the Matter of the Request for Annexation,Zoning to R-8 and R-15 and Preliminary Plat for 316 residential lots,by DevCo LLC. Case No(s). H-2020-0127 For the City Council Hearing Date of: June 29, 2021 (Findings on July 20,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 29, 2021, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 29,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 29,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 29,2021,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 June 29, 2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127) - I Page 151 Item#6. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation,Zoning to R-8 and R-15 and Preliminary Plat for 316 residential lots is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 29,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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 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(SKYBREAK SUBDIVISION—FILE#H-2020-0127) -2- Page 152 Item#6. City Code Title 11(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 June 29,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127) -3 Page 153 Item#6. By action of the City Council at its regular meeting held on the 20th day of July 2021 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: 7-20-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127) -4 Page 154 Item#6. June 21, 2021 MEMORANDUM TO: Mayor and City Council FROM: Alan Tiefenbach, Associate City Planner RE: Skybreak Subdivision-H-2020-0127 At the May 26, 2021 City Council Special Meeting, the Council directed the applicant to revise the Skybreak Subdivision plans to address three elements: 1. Provide sidewalks on at least one side of all streets; 2. Provide a better transition between the southern perimeter of the subdivision and the Vantage Pointe Subdivision to the south. This should be done by extending the larger lots at the southeast corner of Phase 7 to the west across the southern boundary to the Farr Lateral; 3. Relocate some of the open space at the south to a more central location. The applicant has provided revised plans. The plans reflect street sections of the private streets to show a minimum 5' wide sidewalk on at least one side of the street. The private street and open space oriented east-west at the southern boundary of the property (adjacent to Vantage Pointe) has been replaced with lots meeting a minimum square footage of 20,900 sq. ft. (thereby extending larger lots along the southern boundary). The open space that was originally reflected at the southern boundary has been relocated to the center of the development(shown as 19,925 sq. ft. Lot 170, Block 5). The open space exhibit provided by the applicant reflects a slight reduction in what is being credited as qualifying open space from 14.99 acres to 14.5 acres. The total number of buildable lots has decreased from 329 lots to 316 (including the existing single-family residence). The 112 lots served by private streets has been reduced to 106. As requested by the Council, proposed conditions of approval have also been provided with this memorandum. Staff has prepared draft conditions of approval as directed by City Council. Page 155 Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org item#s. Page 2 ATTACHMENTS Updated Preliminary Plat and Landscape Plan https://weblink.meridianciiy.org/WebLink/DocView.aspx?id=231293&dbid=0&repo=Me ridianCity Updated Narrative https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2313 57&dbid=0&repo=Me ridianCity Page 156 Item#s. Page 3 PROPOSED CONDITIONS OF APPROVAL: A. PLANNING DIVISION l. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. The Skybreak Neighborhood shall follow the approved phasing plan and/or obtain planning and fire department approval for any modifications. b. The applicant shall submit a wildland safety plan for the hillside area to be approved by Meridian Fire Department with the first final plat. c. The existing residence at 3487 E. Adler Hof Ln. (Lot 45, Block 5)will be required to abandon the well and septic system and connect to City water and sewer with development of the property. d. The applicant shall not submit a final plat for Phase 8 and 9 until public street access is provided. e. A 30' rear yard setback is required on Lots 74-83, Block 5, abutting Vantage Pointe. f. A 15' (external) side yard setback and an increased rear setback (as shown in applicant's plans) is required for Lot 74, Block 5, abutting Vantage Pointe. g. The rear and/or sides of any 2-story structures facing S. Eagle Rd(18-21 Block 1, 15-26 and 76-79 Block 9) shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections, recesses, step-backs, pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. h. Future development of this site shall substantially comply with the preliminary plat, landscape plan and conceptual building elevations for the single-family attached and detached dwellings included in the attachments contained herein. 2. Administrative design review will be required for all new attached residential structures containing two (2) or more dwelling units. Page 157 ►tem#s. Page 4 3. The City Council has approved alternative compliance from UDC 11-3F-4 that limits gated developments to 50 lots, to allow 106 gated lots. 4. The City Council has approved alternative compliance from UDC 11-3F-4 prohibiting common driveways off private streets, to allow 3 common driveways. 5. The City Council has approved a wavier from UDC 11-6C-3 limiting dead- end streets ending in a cul-de-sac to 500 feet to allow the Phase 8 cul-de-sac in the northeast corner to extend to approximately 610'. 6. The City Council has approved a wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750) feet in length without an intersecting street or alley to allow Block 9, north of the Farr Lateral to be approximately 1,000 feet in length. 7. The City Council has approved a wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750) feet in length without an intersecting street or alley to allow Block 5, along the southern boundary of the property, to be approximately 1,190 feet in length. 8. The City Council has approved alternative compliance from UDC 11-3B-12 and UDC 11-3G-3 requiring minimum landscaping along pathways and within common open space to allow the pathway area shown in Lot 46 of Block 5 to remain in a natural state. 9. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B, 11-3G and maintenance thereof as set forth in UDC 11-3B-13. 10. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11- 3A-7 and 11-3A-6B, as applicable. 11. Except as otherwise listed above, the development shall comply with the private street requirements as set forth in 11-3F, including the applicant or owner providing documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 12. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. The Farr Lateral is allowed to remain open as waived by City Council. 13. Except as listed above, the applicant shall comply with all provisions of 11- 3A-3 with regard to access to streets. 14. 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. Page 158 item#s. Page 5 15. 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. 16. The Applicant shall have a maximum of two (2) years from the date of City Council approval to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 17. The Applicant shall comply with all conditions of ACHD. 18. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Preliminary plat conceptual site plans dated 12/11/2020 must be adjusted as follows: 1.1.1 The sewer main stub near intersection of Street C and D needs to end in a manhole. 1.1.2 The sewer main stub at the North end of Street E needs to end in a manhole. 1.1.3 The sewer on the south-eastern boundary(Street J) should not go to the property boundary. 1.1.4 The sewer main should run at 0.60% slope and end in a manhole short of the property boundary. 1.l.5 Water and sewer mains must be covered in a 20-foot-wide easement per utility. 1.1.6 Easements cannot have encroachments of any permanent structures including but not limited to buildings, carports, trash enclosures, fences, trees, deep rooting bushes, etc. 1.1.7 Maintain a minimum 90-degree angle into/out of all manholes. 1.1.8 Slope between manholes shall not exceed 5%. Slopes between SSMH G-3 to SSMH H-1, SSMH G-4 to SSMH J-1, and SSMH G-8 to SSMH K-1 exceeds this. 1.1.9 No public main is allowed in common driveways, sewer line A and F are shown going through private drives. 1.1.9.1 If you have three or less lots on a common drive, services should be stubbed from the roadway. 1.1.9.2 Four or more lots, sewer will be allowed in the common drive. Sewer will be private and will be the responsibility of the HOA to maintain. Manholes needed in the common drive shall be marked with "Private" on the lid. 1.1.10 A drainage plan is required to be provided and reviewed prior to plan approval. Page 159 ►tem#s. Page 6 1.1.11 Current design does not meet minimum fire flow. A possible solution is to upsize some 12" mains and add two more connections, one at the southwest and one at the northeast corner of the development. These changes must be coordinated with Public Works. 1.1.12 A streetlight plan must be provided with the final plat application. Streetlight plan requirements are listed in Meridian Design Standards. 1.1.13 Phase 8 of the proposal is in Flood Zone A. This area requires extending the existing hydraulic and hydrology study and establishing base flood elevations. Other phases are not impacted by flood zone and will not require floodplain study or permits. Page 160 item#s. Page 7 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 161 ►tem#s. Page 8 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11- 12-31-1. 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. Page 162 ttem#s. Page 9 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 hqp://www.meridiancily.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. Page 163 ,tem#6. EX H I BIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/26/2021 (Continued from 5/25/2021) Legend DATE: ��Proje�t Lacfl�ion TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 54 i Y f� Y SUBJECT: H-2020-0127 Skybreak Subdivision _a LOCATION: 7020 S. Eagle Rd. &3487 E.Adler Hof Ln., in the south I/ of the NW 1/4 of Section 4,T.2N., R.1E. (Parcels# S1404244250& S1404233650) r s i I I. PROJECT DESCRIPTION The Applicant has submitted the following applications: • Annexation of 80.46 acres of land with an R-8 and R-15 zoning district; • Preliminary plat consisting of 328 building lots,40 common lots and 14 other lots (i.e. 12 common driveway lots,one(1)private street lot and one(1) lot for the existing home). • Private streets in the gated portion of the development serving 112 residential units with two(2)gates; and, • Alternative Compliance to UDC 11-3F-4A.6,which prohibits common driveways off private streets,to allow such in three(3)locations within the gated area of the subdivision and UDC 11-3F-4A.b which limits all proposed gated developments to 50 units. The applicant submitted a previous proposal in June of 2020(H-2020-0079). This proposal consisted of 353 building lots, all of it single family detached. This proposal was scheduled for the October 15,2020 Planning Commission meeting. Following staffs report to the Commission recommending denial, the applicant withdrew the application, and resubmitted the present one in January of 2021. This proposal is virtually the same except for 24 less lots,slightly enlarged open space in several areas, and 30 single family attached units in the northwest corner of the project. Page 1 Page 164 Item#6. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 80.46 . Existing/Proposed Zoning RUT in Ada County(existing),R-8 and R-15 proposed Future Land Use Designation Low Density Residential(LDR)&Medium Density Residential(MDR) i Existing Land Use(s) Single-family residential/agricultural Proposed Land Use(s) Single-family residential(SFR) — Lots(#and type; 328 SFR buildable lots/40 common lots/14 other lots(i.e. 12 common driveway bldg./common) lots, 1 private street lot& 1 lot for the existing home Phasing Plan(#of phases) 9 phases I Number of Residential Units 30 attached SFR homes (type of units) 298 detached SFR homes(one is existing) Density 4.1 units/acre(gross) Open Space(acres,total 14.99 acres(or 18.8%)qualified open space [%]/buffer/qualified) Amenities (2)dog parks;3/4 acre park with play structure,climbing rocks,a shade structure and benches;entry park, 1-acre sports park,passive open spaces and pathways Physical Features The Farr Lateral crosses the southwest corner of this site;hillside/topography (waterways,hazards,flood within southern rim area. plain,hillside) Neighborhood meeting date; 5/27/20; 14 attendees,December 16,2020; 9 attendees #of attendees: History(previous approvals) Property boundary adjustment(Record of Survey#12358,Eisenman 2020), previous proposal similar to this one was withdrawn just prior to Planning Commission due to staff recommendation of denial.(H-2020-0079) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study(yes/no) Yes Access One(1)public street access(Street A)is proposed via S.Eagle Rd.,an arterial (Arterial/Collectors/State street.Eagle Rd. is currently improved with 2 travel lanes and no curb,gutter or Hwy/Local)(Existing and sidewalk. Proposed) Traffic Level of Service Eagle Rd.—Better than"E"(acceptable level of service) Stub Stub streets are proposed to adjacent properties for future extension and Street/Interconnectivity/Cross interconnectivity as depicted on the plat. Southern stub streets only have Access emergency access.The area in the NEC of the proposed development(Phase 8) Page 2 Page 165 Item#6. Description Details Page cannot develop until Pura Vida extends a public street;Phase 9 of the development currently does not have the right to access the private lane and cannot develop until a public street is extended to the proposed development Existing Road Network There is an existing private street(E.Adler Hof Ln.)that provides access from S. Eagle Rd.to the existing homes on this site. This roadway should terminate with development of the site as proposed. Existing Arterial Sidewalks/ None . Buffers Proposed Road Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP): Improvements • Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from Eagle Road to Cloverdale Road in 2024. • Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Lake Hazel Road to Amity Road in 2023. • The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be widened to 6-lanes on the north leg, 5-lanes on the south,7-lanes east,and 6-lanes on the west leg,and reconstructed/signalized in 2023. • Lake Hazel Road is listed in the 2016 C I P to be widened to 5-lanes from Locust Grove Road to Eagle Road between 2026 and 2030. • The intersection of Lake Hazel Road and Locust Grove Road is listed in the 2016 CIP to be widened to 3-lanes on the north leg, 2-lanes on the south,2-lanes east,and 3-lanes on the west leg,and signalized between 2026 and 2030, Fire Service • Distance to Fire Station 2.9 miles(Fire Station#4) Fire has expressed concerns with only one point of access from S.Eagle Rd.Fire would prefer a second access to the north to E.Lake Hazel Rd. Fire has also expressed concerns with the private gates causing additional delays. • Fire Response Time Most(3/4+l-)of this development falls outside of the 5 minute response time goal from Fire Station#4. • Resource Reliability Current reliability is 77%from Station#4—does not meet targeted goal of 80%or greater • Risk Identification 2—current resources would not be adequate to supply service. A wildfire safety plan is required. • 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(fire station is 5.9 miles away). • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other In the event of a hazmat event,there will need to be mutual aid required for the development.In the event of a structure fire,an additional truck company will be required—this will require additional time delays as a second truck company is not available in the City. Police Service • Distance to Police 5.5 miles , ■ Station • Police Response Time There is no call data in this area because the proposed development is at the edge of City limits. • Calls for Service 1 7(within a mile of site—between 2/1/19 and 1/31/20) • %of calls for service See Section IX.D split by priority • Accessibility No concerns Page 3 Page 166 Item#6. Description Details Page • Specialty/resource needs None at this time • Crimes 1 (within a mile of site—between 2/1/19 and 1/31/20) • Crashes 9(within a mile of site—between 2/1/19 and 1/31/20) • Other Although located near the edge of City limits,service can be provided if this development is approved. West Ada School District • Distance(elem,ms,hs) Enrollment Capaci Miles Oev.m Sow • Capacity of Schools '*Silver Sage Elementary*` 230 425 5.1 miles Lake Hazel Middle School 928 1000 2.4 miles • #of Students Enrolled Mountain View High School 2302 2175 4.8 miles **Enrollment at Hillsdale Elementary is currently capped. Students in this development will be attending Silver Sag Elementary until a new school is built to eliminate overcrowding at Hillsdale Elementary.** • Predicted#of students 247+/- generated from proposed development Wastewater • Distance to Sewer Sewer will be available with the development of Keep Subdivision on the West side of Services Eagle Road. • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.08 Balance • Project Consistent with Yes W W Master Plan/Facility Plan • Impacts/Concerns Water and sewer mains should not be in common driveways. Concerns have been expressed regarding the width of the private streets and that the required 30' easements may overlap onto private properties,rendering these areas unbuildable. The City is applying the following requirements for Common Driveways. • Three or less lots—services from main in adjacent road • Four or more lots—Sewer in common drive. Sewer will be private and will be the responsibility of the HOA to maintain.Manhole needed in the common drive at the property boundary with"Private"on the lid. Water • Distance to Water Directly adjacent Services • Pressure Zone 5 ' • Estimated Project Water See application ERU's Page 4 Page 167 Item#6. • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Common drives that have both water and sewer mains will require a 30'easement •As currently designed,most phases do not meet minimum fire flow pressure. There are multiple options to meet fire flow including upsizing some water mains to 12" and a secondary connections. •Coordinate with PW Engineering on main sizes,connection at the SW corner and connection at the NE corner. C. Project Area Maps Future Land Use Map Aerial Map Legend r Legend �` r Pro" t LaoafK>r ® Pro= at LocafK:m - ig Tn iN I _` Residential nr is ,::} Medium � nsity X3 IZ sidential Low Den .ih 2'- �� Ridnti�l 4 8 + � ■ r ■ LLMBIA Page 5 Page 168 Item#6. Zoning Map Planned Development Map Legend Legend r Pro" i Lacai�ar i LocofK:m Jea �-$ Prima U le Limitr RU R'1 — Planned Parcels 5 i R-4 R-2 �y �y i t i i i t 1 R RR Iwt1 �, r r III. APPLICANT INFORMATION A. Applicant: Conger Group—4824 W. Fairview Ave.,Boise, ID 83706 B. Owner: Peter and Dana Eisenman—3487 E.Adler Hof Ln.,Meridian,ID 83642 C. Representative: Laren Bailey, Conger Group—4824 W. Fairview Ave.,Boise,ID 83706 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 2/26/2021 5/7/2021 newspaper Notification mailed to property 2/23/2021 5/4/2021 owners within 300 feet Applicant posted public hearing 3/5/2021 5/13/2021 notice on site Nextdoor posting 2/25/2021 5/3/2021 Page 6 Page 169 Item#6. V. STAFF ANALYSIS A. Future Land Use Map Designation The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the 6+/-acres at the southwest corner of the site, south of the Farr Lateral,as Low Density Residential(LDR) and the remaining 74+/-acres as Medium Density Residential(MDR).A City Park is designated in the general area at the southwest corner of the site. Per the Comprehensive Plan,the LDR designation allows for the development of single-family homes on large and estate lots at gross densities of 3 dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as apark, school, or land dedicated for public services. The MDR designation allows for dwelling units at gross densities of 3 to 8 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 Applicant proposes to develop this site with 328 single-family residential homes at an overall gross density of 4.1 dwelling units per acre(An additional lot will contain the existing house). A total of 23 units are proposed within the 6+/-acre LDR designated area for a gross density of 3.8 units per acre in that area,which exceeds the density desired of 3 or fewer units per acre. Smaller lots, instead of the large or estate lots as desired in LDR designated areas, are proposed along with open space areas along the southern boundary and along the northern boundary adjacent to the Farr Lateral. There are several larger one-half acre lots proposed at the southeast directly abutting the adjacent residences in Vantage Point Subdivision. However,the rectangular lots are oriented as such that the abutting lot lines are half or less than the width of the neighboring residential lots, so there are several lots abutting one neighboring lot. The applicant proposes to limit the height of the houses in this area to one story to help protect view sheds. The units proposed in the MDR designated area meet a gross density of 4.1 units per acre in that area,which is consistent with that desired in MDR designated areas of 3 to 8 units per acre. A City park is not proposed,but the Park's Department has determined a City park is not needed in this area. B. Comprehensive Plan Analysis(COMPREHENSIVE 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 applicant isproposing 328 lots, with 30 of the lots containing single family attached at the northwest portion of the site. The remainder of the 299 lots are intended for single family detached units. The applicant's narrative references housing types such as large rim lot houses, two story golf course houses, large lot homes, 255 single story homes and the attached single-family product. The single family attached product does contribute to the variety of housing types in the overall area.However, the remaining single family detached houses contribute to a diversity of housingsoles but not particularly the variety of housing Opes intended by the Comprehensive Plan for all needs,preferences and financial capabilities. Page 7 Page 170 Item#6. • "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 services are available and can be extended by the developer with development in accord with UDC 11-3A-21. Currently, this development can be served by the Fire Department. However, most of the development is outside of response time goals, does not meet resource reliability goals, and has risk factors including a steep hill with a potential for wildfire if the hillside isn't maintained(see the Fire Department's comment in Section VII below). Additionally, with the main access and secondary access both from Eagle Rd., if access is blocked from the north via Eagle Rd. it may delay emergency services by having to travel 3.5+/-miles around the square mile to access the site,potentially creating a life safety issue. If the applicant is able to secure legal secondary access to the north this would alleviate concerns but this would be contingent upon whether those properties develop, and staff might recommend only some number of lots being developed until that occurs. The Southern Meridian Fire Station adjacent to Discovery Park is anticipated for construction in 2023; if this occurs, there will be significantly improved fire service to the subject property. The annexation is currently in process and scheduled for a public hearing. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The subject property abuts Pura Vida Ridge Ranch to the northeast, the Boise Ranch Golf Course to the east, and Vantage Pointe Subdivision to the south. This development proposes R-8 zoning and lot sizes of approximately 5,000 sq.ft. to 6,000 sq.ft. adjacent to Pura Vida Ridge Ranch, whereas Pura Vida Ranch includes lot sizes of comparable sizes and the same R-8 zoning. To the southwest(Phase 9), the development proposes lot sizes of approximately 6,000—6,500 sq.ft. whereas the adjacent Vantage Pointe Subdivision is comprised of lots one-acre in size and greater(although there are four lots proposed with this development directly abutting the south area and are %2 acre to 3/acre in size). The development does include private roads and common open space as a buffer of between 80 feet and 120 feet between the smaller lots of the subject property and the one acre lots to the south in Vantage Point. The development also proposes one story homes in this area.An abutting neighbor has submitted written testimony stating the buffer as proposed and the lot sizes are not appropriate transitions in this area. It is staffs opinion the lots should be at least one-acre in this area and have property line lengths that better orient to adjacent off-site properties. The Planning Commission and City Council should assess whether there is an appropriate transition in this area. "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single-family attached homes at the northwest are generally compatible as they directly abut S. Eagle Road and there are no adjacent homes directly to the north. The single family detached homes are generally compatible with existing rural residential homes as they are all residential in nature. However, with the exception of the larger lots and open space on the south boundary, the proposed plat depicts smaller lots (i.e. 4,448-4,950 sf.) than those of the lots in the abutting Vantage Pointe Subdivision. The Commission and Council should determine if the applicant has provided an adequate transition. Page 8 Page 171 Item#6. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities." (2.02.01A) The Pathways Plan depicts a segment of the City's multi-use pathway system along the eastern boundary of the site; a 10 foot wide multi-use pathway is proposed in accord with the Plan on the northern portion of the development but transitions to a 5-foot wide pathway to the south and does not stub to the south for future extension as shown on the Plan. However, the Park's Dept. has indicated they are supportive of the proposed design. This pathway will eventually provide a connection to Discovery Park to the west and Hillside Elementary and the YMCA to the north. There is also a 10' multi-use pathway proposed adjacent to the Farr Lateral, as is shown on the pathways plan. These pathways will be valuable amenities to the project.A golf cart pathway is shown as Lot 41 on Block 5, which terminates at the Boise Ranch Golf Course. Proposed site amenities consist of children's play equipment/structures, a picnic shelter,pathways, two dog parks and additional open space of at least 20,000 square feet above the minimum UDC requirements, which are located along the northern and southern boundaries of the site and are not centrally located. Although much of the open space meets the minimum dimensional requirements of the UDC(i.e. at least 20'in width and 50'in length with an access on each end) a significant portion of what is proposed as qualified open space consists of street buffers and end caps with parkways. Also, it is important to note that the applicant's narrative contains a pedestrian connectivity exhibit which shows narrow private roads with no sidewalks and common drives as 'pedestrian connections"which staff believes is somewhat misleading. However, the private street standards do not require them. Additionally, staff believes the entire development should contain public streets which would require the 5-foot sidewalks per City code. The Commission and Council should determine if the pedestrian circulation plan is adequate for the proposed development with the inclusion of the private system. • "Evaluate open space and amenity requirement and criteria for consistency with community needs and values."(2.02.01 B) Because the average lot size proposed in the development is only 6,280 square feet, Staff is of the opinion the end caps could be re-oriented/consolidated with other larger common lots to increase the usable open space within the development. This was discussed during the pre-application meetings with the applicant and they are of the opinion the open space as proposed exceeds UDC standards and is designed to meet the needs of the development. • `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 through with this development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The subject property abuts portions of the city limits at the northwest and northeast corner, but the majority of the property perimeter is surrounded by unincorporated Ada County. The proposed project is located near the fringe of the City and does not meet the definition of an infill development. • "Encourage the incorporation of creek corridors as amenities in development design."(4.05.02C) The Ten Mile Creek crosses the northeast corner of the site; a common area is proposed for the creek area and a multi-use pathway is proposed along the creek in accord with the Pathways Master Plan. Page 9 Page 172 Item#6. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) City sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with the public road portion of this development. The cross sections provided for the private road portion do not depict sidewalks. The applicant contends that the private streets provide an intimate setting for the residents and narrower streets decrease traffic speeds which do not warrant the additional improvements. It is important to note that the director has not approved theprivate street application, thus the plat should be redesigned to incorporate public streets for the entire development. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) The proposed project is in the City's `fringe"area; therefore, development in this area is not encouraged as are vacant/underutilized parcels currently within City limits. However, the City has recently approved several developments (Pura Vida and Poiema)north of the proposed development making this property more desirable to develop. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions(e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A) Eagle Rd. is currently a 2-lane roadway with no curb,gutter or sidewalks; no improvements are planned in the CIP/IFYWP to the segment of Eagle Rd. abutting this site. The Lake Hazel/Eagle Road intersection north of the site is planned to be reconstructed and signalized in 2023. The ACHD report states that the TIS estimates this development to generate an additional 3,343 trips per day resulting in an acceptable level of service (i.e. better than `E'). WASD estimates this development will house approximately 247 school aged children—enrollment at Hillsdale Elementary is currently capped so students in this development would attend Silver Sage, which is currently under capacity; enrollment at Lake Hazel Middle School and Mountain View High School would be over capacity at build-out of this development according to the Community Development's school impact review included in Section VII. Water and sewer are being extended consistent with the City's master plan as noted above. Discovery Park, a 77+/-acre City Park, is located approximately a mile away from this site to the west on Lake Hazel Rd., which should be adequate to serve this development. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) Two types of housing are proposed—single family detached and 30 single family attached units-which will provide diversity in housing, and the density in the MDR designated area falls within the desired range. The density proposed in the LDR designated area at the southwest corner of the site is above the 3 units or fewer per acre desired in that area. However, the Comprehensive Plan states future land use designations are not parcel specific.An adjacent, abutting designation, when appropriate and approved as part of a public hearing with a land development application, may be used.A designation may not must not be used on a parcel not directly abutting the designation, and may not apply to more than 50%of the land being developed. The predominate land use designation is MDR and the applicant has the ability to design the project to meet density perimeters of the MDR designations provided other goals of the Comprehensive Plan are being met. Page 10 Page 173 Item#6. As discussed below, R-1 S zoning is proposed at the less dense eastern portion of the site to allow the option of private streets without sidewalks., Staff has concerns with the private streets, specifically the long-term maintenance and interconnectivity with surrounding developments. If these roadways are not constructed to ACHD standards, the likelihood of ACHD accepting these streets in the future is slim. Also, stafffinds that although most of the open space meets the minimum dimensions, not all of it is quality open space (please see the qualified open space section below). The Fire Department has noted concerns with the access and serviceability of this project ahead of the fire station being constructed next to Discovery Park. Finally,public services are proposed to be extended near the fringe of the City rather than to vacant/underdeveloped infill parcels as desired. For these reasons, Staff is of the opinion the proposed annexation may not be the best interest of the City at this time. C. Annexation&Zoning: Portions of the annexation area are contiguous to a portion of the current City limits boundary and within the City's Area of City Impact at the east boundary. Most of the surrounding properties are still within unincorporated Ada County. A legal description and exhibit map for the annexation area is included in Section VI.A. The proposed annexation area consists of two (2)tax parcels containing a total of 80.46 acres of land designated as LDR and MDR on the FLUM and contains land to the section line of S. Eagle Rd. The Applicant proposes to annex the two (2)parcels, zone the western 43.85 acres with an R-8 zoning district, and the eastern 36.60-acre portion with a R-15 zoning district. The R-8 zoning district allows lots as small as 4,000 sq. ft. with a minimum street frontage of 40'. The western 43.85 acres of the plat proposed for R-8 zoning reflects lots that meet this minimum lot and frontages requirements. The R-15 zoning district allows lots as small as 2,000 sq.ft. and has no requirement for a minimum street frontage.This zoning is typically reserved for higher densities,including single family attached, townhomes and multifamily.It is important to note that with the previous application,staff informed the applicant that the private streets that are proposed with a significant portion of this development were not allowed under the R-8 zoning that was originally proposed for the entire development.The provisions for private streets apply only to properties that do not have frontage on a public street or where frontage is not required per UDC 11-3F-2.The applicant has subsequently revised their application to propose R-15 zoning merely for the purpose of being eligible for private streets whereas all other dimensional standards would comply with the requirements of the R-8 zone. Staff believes the development should incorporate public streets within the entire development and zone the property in accord with the more appropriate R-8 zone(Please see the access section below for more discussion regarding the private streets).In previous discussions with the applicant,staff has suggested the applicant either rezone to PUD,or initiate a code change in regard to requirements for private streets. The applicant has chosen to move forward with a request to rezone to R-15. D. Existing Structures/Site Improvements: There are two(2)existing homes and outbuildings on this site—the 5,892 square foot home constructed in 2002 at the east end of the site is planned to remain on a lot(Lot 64,Block 5)in the proposed subdivision;the home and accessory structures on the west end of the site are planned to be removed with development. These homes are accessed via a private lane(E. Adler Hof Ln.) from S. Eagle Rd. If annexed,the home proposed to remain is required to hook-up to City water and sewer service and change their address. Page 11 Page 174 Item#6. E. Proposed Use Analysis: Single-family attached and detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in the R-8 and R-15 zoning districts. The proposed use,with two housing types,is mostly consistent with the purpose statement of the residential district in that a range of housing opportunities and a variety of dwelling types would be provided consistent with the Comprehensive Plan and UDC 11-2A-1 and I I-6A-1. However, proposing to rezone a portion of the property to the R-15 zone when R-8 zone would suffice merely for the reason of being eligible for private streets is not consistent with the purpose statement of UDC 11-3F-1. While this isn't an uncommon practice,this section states that"it is not the intent to approve private streets for single- family, duplex and/or townhouse developments other than those that create a common mew through the site design or that propose a limited gated residential development" as no single family attached are in this area and no common mews are proposed. Further, a limited gated community as specified in the UDC is 50 or fewer homes. As noted below,the applicant is proposing that 112 homes utilize the proposed private street in an area that doesn't have an established street network and limited access. Therefore,the director has denied the private street application(see below for analysis). F. Dimensional Standards(UDC 11-2): The proposed preliminary plat consists of 328 building lots,40 common lots, and 14 other lots (i.e. common driveway lots, 1 private street lot and 1 lot for the existing home)on 80.46 acres of land. Development is subject to the dimensional standards listed in 11-2A-6 and 11-2A-7 for the R-8 and R-15 zoning districts. Lots in the western portion proposed for R-8 meet the minimum lot size of 4,000 sq. ft.with a 40' lot frontage. Although the lots in the 36.6-acre eastern portion proposed for R-15 meet the dimensional standards of that zone district(minimum lot size of 2,000 sq. ft. and no minimum frontage requirement)as presently proposed,they would also meet the minimum requirements of the R-8 zoning 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, common driveways and block face. Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed 750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block face may be extended up to 1,000' in length. The City Council may approve a block face up to 1,200' in length where block design is constrained by certain site conditions as specified in UDC 11-6C-3F.3b. The face of Block 9 on the north side of the Farr Lateral is 1,000'+/-and does not contain a pathway or intersecting street or alley.This is also true of the section of Block 5 that is south of private street A of more than 850 feet.Council approval would be needed,or the plat would need to be revised to comply with the standard. At the northeast corner of the site,a street ending in a cul-de-sac is proposed which will likely exceed the maximum 500' length allowed in UDC 11-6C-3B.4 depending on how the property to the north develops. Staff had recommended an internal street access to this portion of the development rather than the sole access being provided via a stub street from the north. The applicant has responded due to the topography in this area,they cannot provide the recommended internal access. However,just to the north of this cul-de-sac,the plat shows a golf cart path in this general area. Twelve(12)common driveways are proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D.A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 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 Page 12 Page 175 Item#6. 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.Where two(2)common driveways are proposed that adjoin,bollards(or other barrier approved by the Fire Dept.) should be placed at the common lot line to prevent a through connection between streets. The applicant has submitted a phasing plan. The phasing plan shows nine phases,with the first phase occurring directly adjacent to S. Eagle Rd at the proposed public street.Number of lots being built out vary between 59 at the first phase,to 23 at the last phase. Phase 8 and Phase 9 are both disconnected from the rest of the subdivision,although staff does believe an access could be constructed across the Farr Lateral between Phase 1 or 2 and Phase 9. UDC 11-3F-4 prohibits common driveways off of private streets whereas this proposal includes three common driveways served by private streets. The applicant has requested alternative compliance from this standard. G. Access(UDC 11-3A-3) The existing roadways in this area are rural in nature.Eagle Rd. is currently improved with 2 travel lanes and no curb, gutter or sidewalk. Improvements and a signal are planned for the Lake Hazel/Eagle Rd. intersection in 2023. Lake Hazel is planned to be widened to 5-lanes between Eagle and Cloverdale Roads in 2024; and to 5-lanes from Locust Grove to Eagle Roads between 2026 and 2030;no improvements are planned to Eagle Rd. south of Lake Hazel abutting the site. The applicant will be required to construct 5-foot-wide sidewalk on S. Eagle Rd abutting the site. One(1)public street, Street A,is proposed for access via S. Eagle Rd. as a collector street to the intersection of Street C,also a public street. Three(3) stub streets are proposed at the north,and two(2) stub street are proposed at the south boundaries of the site for future extension in accord with UDC 11-3A-3. One of these southern stubs is a secondary emergency access to E.Vantage Pointe Ln. to be constructed with the first phase of development. There is also a cul-de-sac at the extreme northeast serving 15 additional lots,which is intended to connect to a public road through the recently approved Pura Vida Ridge Ranch. This area is shown as Phase 8 and does not connect to the rest of the Skybreak Subdivision, except for the connected pathway system. There are two southern roads shown to connect from the subject property to E.Vantage Pointe Lane to the south. E.Vantage Point Lane is a private road, and the applicant has only demonstrated the legal right to use this road for emergency access(Inst. #2020-063349);public access is not allowed. This is adequate for emergency access to occur from the cul-de-sac shown at the end of the public street shown as Street J. However,this application also shows an additional 23 lots being served from a double cul-de-sac shown as Phase 9. The applicant has not demonstrated they have primary legal access to these lots via E.Vantage Pointe Lane. The applicant has responded that they intend to eventually obtain this access and will build out this later phase when it is obtained,but staff is concerned with an application which proposes annexing and zoning 23 lots into the City without proof of access.The applicant should construct a roadway across the Farr Lateral to provide access to the portion of the development for better integration. The Fire Department has noted in a letter dated February 16,2021 that they are concerned with a large subdivision with only one access out to S.Eagle Rd.Two of the three northern stubs go to properties within unincorporated Ada County which are not proposed for development at this time.The third northern stub only serves Phase 8 which does not connect to the rest of the subdivision.If access from the north via Eagle Rd.is blocked,in the event of an emergency,emergency vehicles would have to travel an additional 3.5+/-miles around the square mile to access the site creating a potential life safety Page 13 Page 176 Item#6. issue due to a delayed response time. Staff has recommended the applicant pursue a northern access to allow access from this subdivision via the public road in the Pura Vida Subdivision and to E.Lake Hazel Rd,but the applicant has responded that due to topography this is not feasible,although the applicant has managed to configure a golf cart path to the golf course at the north.In addition,the Fire Department has mentioned the majority of the subdivision is outside of the 5-minute response area, and the nearest station(Station 4)has a low reliability rating.This would improve if and when the southwestern fire station adjacent to Discovery Park is constructed in 2023.The applicant has submitted a phasing plan which shows each phase has at least two accesses for emergency service,but as mentioned, except for Phase 8 at the northeast corner, all the other phases rely on only S.Eagle Rd for access. Staff is aware that access will improve in this area over time however,it is contingent on other properties developing in the area to provide the necessary road network. A combination of public and private streets are proposed for access within the development—public streets are proposed on the west and private streets serving 112 lots are proposed on the east end of the subdivision. Three (3)common driveways are proposed for access off private streets(see analysis below). The applicant has provided sections of the private streets with this plat application(see Section VI). Although the plat does not indicate exactly which private street cross sections are proposed in which area,the street sections show private streets as narrow as 27',none of which include sidewalks. Since the time of the pre-application meetings, staff has responded that staff does not support this many lots being served by private streets.This is because this results in streets that would pass the maintenance costs on to the homeowners through the HOA, as ACHD would not accept these roads in the future if there were financial constraints. Staff has requested the developer state the reason for requesting private streets other than the additional costs to build them to the standard template, and the only responses staff has received thus far is that there is a demographic of senior home buyers that prefer the security a gated community can provide and that the gates and private streets will provide a more intimate setting. Staff agrees that there are probably buyers that would prefer gated communities and private streets,but still does not understand why narrow private streets are preferable to streets built to standard templates and containing landscaping and sidewalk.As noted above, staff finds the proposal is not a limited gated community,exceeds more than 50 homes. Therefore,the plat should be resigned to incorporate public streets for the entire development.As noted below the applicant has requested alternative compliance (ALT)to allow 112 homes as proposed.The director has denied the applicant's ALT request. ALTERNATIVE COMPLIANCE The applicant proposes 112 gated lots,and 3 common driveways off a private street.UDC 11-3F-4 states a proposed(gated)development shall have no more than 50 dwelling units, and no common driveways shall be allowed off of a private street. However, 11-3F-4 also allows the director to approve,or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this article and shall not be detrimental to the public health, safety, and welfare. Requests for alternative compliance are allowed only when one(1)or more of the following conditions exist: a. Topography, soil,vegetation, or other site conditions are such that full compliance is impossible or impractical; b. The site involves space limitations or an unusually shaped lot; c. Safety considerations make alternative compliance desirable; d. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this article; Page 14 Page 177 Item#6. e. The proposed design includes innovative design features based on"new urbanism", "neotraditional design",or other architectural and/or site designs that promote walkable and mixed use neighborhoods; f. Additional environmental quality improvements would result from the alternative compliance. In order to grant approval for an alternative compliance application,the Director shall determine the following: 1. Strict adherence or application of the requirements are not feasible; or 2. The alternative compliance provides an equal or superior means for meeting the requirements; and 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The applicant's alternative compliance letter mentions there is a demographic of senior home buyers that prefer the security a gated community can provide and that the gates and private streets will provide a more intimate setting. Staff agrees that there is probably a demographic that would prefer gated communities, but this is not a condition required for alternative compliance. The Director finds the applicant has not demonstrated the need for a private versus public streets as noted above. The plat indicates private street sections with no sidewalks and minimal landscaping, whereas ACHD templates require S'sidewalks and landscaping. Also, the applicant proposes alternative compliance to allow three common driveways from the private streets, whereas this is not allowed by UDC 11-3F-4-6. Staff does not understand how what is being proposed is an equal or superior means to meeting requirements. Providing narrow private streets with no sidewalks, minimal landscaping, and common driveways from these private streets is not an innovative design features that promotes walkable neighborhoods. Finally, as was already mentioned, gating the community will also slow response times when there are already fire access concerns, which would be materially detrimental to the public welfare. H. Parking(UDC 11-3C : Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. A parking plan is included in Section VIII.J that depicts a total of 334 on-street parking spaces along public and private streets;parking along private streets must be approved by the Fire Marshall. 1. Pathways (UDC 11-3A-8): The Pathways Master Plan(PMP)depicts a north/south segment of the City's multi-use pathway system along the east side of the subject property and along the south side of the Farr Lateral at the southwest corner of the site. The Applicant has worked with the Park's Dept. pathway coordinator on the design proposed along the east boundary;the pathway along the south side of the Farr Lateral is consistent with the PMP. The pathways are required to be placed in a 14-foot wide public pedestrian easement or a note should be added to the plat which allows public access in the common lots intended for pathways. Ten-foot(10')wide segments of the City's multi-use pathway are proposed within the street buffer along Eagle Rd., along the south side of the Farr Lateral, along the Ten Mile Creek and the northern portion of the east boundary of the site and a golf cart path. Other pathway connections are also proposed for pedestrian interconnectivity and access to common areas within the development.A pathway connection is proposed between the pathway on the eastern portion of the site to the sidewalks along internal public streets on the west end of the site. A total of 5,167 linear feet of pathways are proposed in this development(see exhibit in Section VI). All pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 and landscaped per the standards in UDC 11-3B-12C. Page 15 Page 178 Item#6. Where pathways are proposed in common driveways(i.e. Lot 25,Block 9)they should be located in separate common lots with landscaping on either side in accord with UDC 11-3B-12C. J. Sidewalks(UDC 11-3A-17): A 10' pathway is proposed along S. Eagle Rd. with a combination of detached and attached sidewalks along the internal public streets.No sidewalks are required or proposed along private streets except for along private Streets K& S where a detached sidewalk is proposed for a pedestrian connection between the pathway on the east end of the site to the sidewalk along public Street I on the west end of the site. K. Parkways (UDC 11-3A-17 : Eight-foot wide parkways with detached sidewalks are proposed along the entry street(Street A) and in a few other areas; sidewalks are mostly attached with no parkways in this development.All parkways are required to be constructed in accord with the standards listed in UDC 11-3A-17 and landscaped in accord with the standards listed in UDC 11-3B-7C. L. Landscaping(UDC 11-3B : A 25-foot wide street buffer is required adjacent to S. Eagle Rd.,an arterial street; a 20-foot wide street buffer is required along Street A where it is designated as a collector street(i.e. from Eagle Rd.to the intersection of Street C), landscaped per the standards listed in UDC 11-3B-7C. A 50' foot+/- wide buffer is proposed along Eagle Rd. and a 30-foot wide buffer is proposed along the collector street(Street A)landscaped with grass and deciduous and evergreen trees and shrubs in excess of the minimum standards. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. Landscaping is proposed within parkways; calculations should be included in the Landscape Calculations table that demonstrate compliance with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. Landscaping is proposed along pathways; calculations should be included in the Landscape Calculations table that demonstrate compliance with UDC standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. Landscaping is depicted in common areas in excess of UDC standards except along the Farr Lateral and Lot 46,Block 5 (the ridge lot with the trail). There are existing trees on the site within proposed building lots that are proposed to be removed that may require mitigation. The Applicant should coordinate with Matt Perkins,the City Arborist,to determine mitigation requirements per the standards listed in UDC 11-3B-1OC.5. M. Qualified Open Space (UDC 11-3G): A minimum of 10% qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on the area of the proposed plat(80+/-acres), a minimum of 8 acres of qualified open space should be provided. The Applicant landscape plan notes the development provides 14.99 acres(or 18.4%)of qualified open space. This open space consists of parks, street buffers, linear open space,parkways and common areas greater than 50' x 100' in area, including the slope area on the east end of the site(see qualified open space exhibit in Section VI). Although the open space complies with the minimum UDC standards in regard to dimensions, Page 16 Page 179 Item#6. some of the open space area being credited consists of unusable arterial/collector street buffers and end caps with parkways,the easement for the Farr Lateral, and areas that aren't centrally located for easy access. It is staff s opinion that the applicant has the opportunity to reconfigure the plat to consolidate additional open space to make it more accessible and useable. UDC 11-3G-3-E requires that at a minimum,common open space areas shall include one(1)deciduous shade tree per eight thousand(8,000) square feet and lawn, either seed or sod. There are areas being credited on the applicant's open space exhibit as qualified open space, such as land within the Farr Lateral easement, and all the challenging and steeply sloping land in Lot 45,Block 5 at the east that do not meet the minimum landscape requirements. In addition,the pathway shown along Lot 45,Block 5 would need to be landscaped with one tree per 100 linear feet of pathway as required per UDC 11-313-3-12 in order to be credited for qualified open space. N. Qualified Site Amenities (UDC 11-3G Based on the area of the proposed plat(80+/-acres),a minimum of four(4)qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C. Proposed site amenities consist of children's play equipment/structures, a picnic shelter/shade structure, pathways,two dog parks and additional open space of at least 20,000 square feet above the minimum UDC requirements. Dog owner facilities are required to be improved with a dog washing station with a drain to sanitary sewer system and trash receptacles and bags for dog waste disposal; or fencing to enclose a minimum 0.75 acre of open space for an off-leash dog park and trash receptacles and bags for dog waste disposal per UDC 11-3G-3C.h. Although the proposed amenities meet the minimum standards,they are primarily located along the northern and southern boundaries of the site or in the gated portion of the development and are not centrally located(see details in Section VII.D),which Staff is of the opinion is not ideal. Staff would prefer the open space be reconfigured to allow more useable open space and amenities toward the center of the development. Further,UDC 11-3G-3D.3 requires common open space and site amenities to be located in areas of high visibility to avoid hidden areas and corners, dark areas,unusable space and reduce the opportunity for crime. Staff does believe the sports park,playground and pathways are adequate amenities,but as mentioned above,believes more useable open space and centrally located amenities should be incorporated into this project. O. Storm Drainage(UDC 11-3A-18): An adequate storm drainage system is required 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. P. Irrigation(UDC 11-3A-15) An underground pressurized irrigation system is required to be provided with development to each lot within the subdivision in accord with the standards listed in UDC 11-3A-15. Irrigation water is provided from the New York Irrigation District. Q. Waterways(UDC 11-3A-6): The Farr Lateral runs across the southwest corner of this site within a common lot(Lot 51, Block 9) and Ten Mile Creek runs along the northeast corner of the site. The Applicant proposes to leave these waterways open and improve them as linear open space with a 10-foot wide multi-use pathway. However, if these waterways are intended to be improved and credited as linear open spaces,they should be accessible and usable, and Page 17 Page 180 Item#6. landscaped in accordance with UDC 11-3B-12 and UDC 11-3G-3-E,including one tree per 100 pathway feet and one tree per 8,000 square feet of open area, as well as vegetated with seed or sod. R. Fencing(UDC 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. Six-foot tall open vision vinyl slat top fencing is proposed along connection pathways and the Farr Lateral,4- foot tall open vision wrought iron fencing is proposed adjacent to the dog parks and 6-foot tall vinyl fencing is proposed along street buffers and the perimeter of the subdivision as shown on the landscape plan. UDC 1I- 3A-6C.3 requires open laterals to be fenced with an open vision fence at least 6-foot in height and having an 11-gauge,2-inch mesh or other construction equivalent in ability to deter access to the lateral. Staff recommends open fencing is installed between the lateral and the pathway to preserve public safety. S. Building Elevations (UDC 11-3A-19 1 Architectural Standards Manual): The Applicant submitted sample photo elevations of the types of homes planned to be constructed in this development which are included in Section VI. Homes depicted are predominantly single-story, some with a bonus room,with a few that are 2-stories in height proposed on the east end of the development on or near the rim.All but 44 of the homes are proposed to be restricted to single-story with the option of a bonus room;the larger lots on the east end of the development are not restricted to single-story homes (see exhibit in Section VII.J). Building materials consist of a mix of finish materials(i.e.horizontal and vertical siding and stucco) with stone/brick veneer accents. VI. DECISION A. Staff: Staff recommends DENIAL of the requested annexation and preliminary plat based on the Findings in section IX. and the Director has denied the private street and alternative compliance based on the Findings in section IX. B. The Meridian Planning&Zoning Commission heard this item on April 1,2021.At the public hearing,the Commission moved to recommend DENIAL on the subject annexation request. 1. Summary of the Commission public hearing_: a. In favor: Deborah Nelson b. In opposition: Kathy White, Stephen Rankin C. Commenting: Deborah Nelson d. Written testimony: Staff received 13 letters in opposition. Issues expressed include density, lack of transition to Vantage Pointe Subdivision, lack of sidewalks and narrowness of private roads, developer trying to fit in as many lots as possible without providingquality quality amenities and necessary infrastructure, emergency access,lack of cooperation with the adjacent neighbors, and a large higher density project being located on the fringe of the City. e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons,Joe Bon ig orno Page 18 Page 181 Item#6. 2. Key issue(s) testimony a. Density and lack of sidewalks. 3. Key issue(s)of discussion by Commission: a. Commissioners expressed issues related to density, lack of transition,lack of sidewalks, amount of private roads,low fire station reliability and whether Station 4 will even be built and staffed,jjying. to pack in as many houses as possible,not walkable, lack of amenities, emergency access issues,past problems with HOAs taking on costs associated with private streets,and the project not being a"premier"community. 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard this item on May 26,2021 and June 29,2021.At the public hearing,the Council moved to approve the subject annexation requests. 1. Summary of the City Council public hearing: a. In favor: Laren Bailey,Jim Conger.Deb Nelson b. In opposition: Ten citizens testified in opposition to this application. C. Commenting: Laren Bailey_,Jim Conger,Deb Nelson. d. Written testimony. Staff received 13 letters in opposition. e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Density,lack of transition to Vantage Pointe Subdivision, lack of sidewalks and narrowness of private roads, developer trig to fit in as many lots as possible without providing quality amenities and necessary infrastructure, emergency access, lack of cooperation with the adjacent neighbors,and a large higher density project being located on the fringe of the Cites grading and erosion issues allegedly caused by the resent applicant on other projects.possible drainage impacts to Vantage Pointe Subdivision. 3. Key issue(s)of discussion by City Council: a. Lack of transition in density,lack of sidewalks,whether better open space could be provided,drainage issues. 4. City, Council change(s)to Commission recommendation. a. City Council continued the application from May 26,2021 to June 29.2021 for staff and the applicant to address issues relating to lot transition at the south,lack of sidewalks and to reorient open space. b. City Council directed staff and the applicant to prepare conditions of approval,as staff had not prepared conditions due to their recommendation for denial. Page 19 Page 182 Item#6. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map (date 1/20/21) � 5;wi'voth Larld 5urvin lriq, PLC 7�y.1�� A•a��r�F 7� �uG Ealmrr.t ��� ��f�i l Skybreak Annexation Legal Description BASIS(W OF1r11LINGS 15 S. 01,12'S2"VV. betwRnn a fount#alum-m;m tap marking the W114 carr+er and 6 found aluminum r:av marking ttM NW comer of 5ect.4n ap,T. 2 J., R. 1 E., B.M., Ada County, Idaho, A parcel of land loratea In the 51/2 nF Me 144ij4 0 Section 4 Township 2 North, Range 1 East Boise Merldlan, Aaa Coanty, Idaho, more particularly desuibw as Foll : COMMENCING at an akiminum cap markinq the NW cunfir of s.90 Section 4; Thence.S. 0912'52"W., oomdderrL with Lice w2sr line or said NWII 1 and the caravline of S. Eagle Road, 1352.07 feet to an alurnInurp rap PLS 13550, markiW the N 4 16 rqfn r or said Seetkon 4 ar)d the POINT OF BEr,;INNIMG; Thence S. BcrS2'22°f~, to incident with tha mrth 11nr*4r Said 5112 cf the NYV114, d dl-qanoe od 1321.03 feet tD a 5f8"remrlcap PI-5 645. matWng tho NV41 f t6 comer of wick Section 4j, Theme N, 89"56'41"'E•,Colnodevit.with said narttr kirm, 13Z1.1D feet to a 510"rebar/cap PIS 4347, rnarkir% the CN11tE[-met'of sald Seclran 4; Thanoe 5-0G'37'07"W-, ca+nudLIA whir t1-re Iasi Nrie of s-.fd NYVV4, a fturice of 1313.72 feet to a 3�4' rebar{cap Pt;645, rTmarNA9 the C1/4 omrner of sa Id Section 4; Thence N.Rcr4d'12"W-Wncldent Apth the south fine of said 5e-tron 4.a d1stance of 26U2,7t reef tD air kgime aluminum ram, marking the YVIJ4 of said SecLion 4; Thence N. 00012'57"f_,, [olrit<Ident With said viest Inner 1326,27 Fear to the J#GINT OF RE6lNINING. The above described parmJ cofltains 00.4GI -acrm More:ok N-m. a 1 ,574 f I'D BEA " Page 20 Page 183 Item#6. R aP ffL R„T_r. h,i77lu x� t rq W Lk I _ � I I a F I I I I I I I I I I u $ - - - - - --- - ----- x Page 21 Page 184 Item#6. B. Rezoning Legal Description and Exhibit Map (date: 1/20/21) A%& ti awwct� Larld 5urvey tiq. LAC tax 'R? F (2"Va 59&-.61 1)4 F: 1-208;1 39-5-810:511574 kWO igtop eve F,rl4l�rr Q 8561 r' a- Skybmak R-8 Zoning Descripbon GASM OF BEARINGS Is 10912'SZ"W. to meen a found ailumIDum cap trlaeking th-e W1)4 ccwVr and a Nund alomin urn-cap marklog the NAY mmer-of Seabn 4, T, .4 N., R. 1 E,, BM., A6a County, Idaho. A pam6 of rand iocaLed in the S112 of the NV11�4&Semen I ToWpiship I No the Marge 1 East, 1301se Meridlanr Ada County, Tdahr), snora part.lt_,ular+y destri;hed ag follovys: COMMENCING at nn aluminum cap marking the NW corner of said`action 4, Thincv 5. 401V52"W.{ceiMicident Mth the west hoe trf said NW114. a distance or 1352.07 feet to an alumrnum -�ap PL5 13559, marking the 14111.corner cF mpd Section 4 aM the POINT OF BEGINNIN1131- Tlw-nw 5. WP52'17" F., coincident with the north hne 8F-said 5112 of the NWI?4, a dRstanre of 1U103 feet tQ a 5}8"rebarftap KS 645, matk�mg the NW1}16 Cartier aF said Sechgrr 4; Thence N. 139P5W43"F., crkc#demt wO said north Iln-e, 2bl.7$Feet; Thence 5, 00131252"U, paralleJ wrth said west 111ne, 1137;% Feet; fhellCe fl_WV'OEI"W-r 5.43 FM; Fhenre S. 001,12''5Z"W., paralaizt wb sold wit Mine, 454.'M fmt; Them N.891341'23"W.r 73.73 feet; rtrence N. 711155'29"W, 35.46 fieat; 'r4eru� N.9"4250 W., I.W.79 fecti fence S. 000i2452"'W-r paraftel with 5W0 west line, 146.02 ftvt; Thence S. 89047,08rr E,r ax ret; ther3ae S. 40111 'S2" W. pamMlei WO safd m5t Ilne, 601 r95 Feet ko the south IFne dP sAid 6WIC 4; Thence N. :1390W1 Zn V1,, m4mi ldent with said--youth line, MC42 feet hn an d1tqfbie aiuminurn cap, narking WI/4 01 said Section 4; TheKe N. 00,112'52" E., cuinddent with Bait#wesr line, 1326.27 Feet to the PODM OV$E[;f MINI_ The above dmtibed Varcel aontaim 411158 acres more cr less. Page 22 Page 185 Gm#e _ _NZAMW • --—--_-- & -- - ,_ �'Irm- � � - 71 � � p � �■§ � | � | . r . , I{ �§i , §�q 9 � 2� A � i 2 | � � . . . . _ | g�■ �.£ @ m � - - in a � -. � ■� / ` � � � - -- -- �-- � 2 , / j §j I q �§ \ 3t E .�( &&2 10. ��- ,&��,p� § $ t 1 Page 73 �7�» { Item#6. 0 �1 I. nJITtiljllnGf; L LC E: r208) 39&-i"' 104 + fzjbl 3�6 5 10,51157 Skybroak -15 Zoning Description BASS OF BEARINGS Ls S. V12'52" W. betw4mn a f(jUnd aluminLtro cap marking the W114 torrWr arkd a fOr,nd slLarnirrurn rap marking the hiV4 corner-of SCCt-Dn 4, f. � N,, R. t E,F 13,M., Ada Qounty, Idaho A parcel of JarwJ UwAted in the 5112 of tttie NVY114 of 920jun 4 T-ownsh"rp 2 NDrthr Range 1 EOSL Boise merldon, Ada County, WaW, rmure particularly describiO as rollDws: COMMENCING at an io14mirium cap nmrking the NW carner-Df said Shan 4� -tnenoe 5. 0012'52"W, ❑nlnddent with the west Ilrle Of Shld NVV1{4, a dlskuncQ or 1352,07 Teet w are alummL�m Cap Pi_S 13550r marking [he NI11b corw-r of sawj Section 4; irlenW S. 69PS222"-E., w1wident with the north Ilrhe of said 5112 of the NYV1jj, a distame or 1321,43 Net Lu a 5JH"feharltap PL.S 645, rTwrkir-g the NW1115 comer Df sold Section q I- Tpieoce N. W5641"�-: , a ine+dEnt wltti said -iorth lime, 26.1.79 feet to the POINT OF BEGINNING, TherEt tontlnuiny 74, 69155'41" F, coinc]Oent wiNi said north lir», 1,059.11 Feet W a W-5" rabarICaID Pl-5 A34J, rri,rklrtg th N CN3/16 wrher of Faid Simon 4; Dwrlce S. 001137'07"W, CnincidenC"kh the east ilre of said Secboh 4, i� distanim Qf 1S33-72 Feet hi 1!4" rebar/cap RS 545r marking thr-C114 curler ot. ahii Section 4; Thence N, 891148'12" W., roincrOent with the sotO lhne ior sa-d NW LMP a di5tance et 1 ZP9.29 ieTk; Tr+ae N. 00"12'52" E., parallel with said we5t ihw, 601.95 feetr Therkce N. 991247'08"W.. 2Z,3 J! feet; Thence N. t]D412 "E., parallel with said west flrie, i 46-Q 1. reerr Thwwa 5, 89"44"25" E., !57.79 feet, Tbanum S, 7105529" 1-, 31.,;6 feet; Thence S. S41141 23" E-, 13.11 fear, Th,enm N. OULIn2-E,, parallej with said west Prm, 4,94.70 feel; Ttxnce S. 134047'OS" L, 5.43 fret,; Thence N. 00p12r52r'L,r parallel wlth said WPZt IiM, 137.56 fft-L10 Me POINT OF BEGIN WING_ -rl,e above described oarcei cantAjns 36.604 arre-s MOM or ass. Page 24 Page 187 Item#6. at"UR X*kwl It apu- 07 h 1l213I' ui�u y I I R 4 �uoI I I w I� I� I I � I I � I I w I I m w 4q h ILI PAMLrm i i � I z oa +rr Page 25 Page 188 Item#6. C. Preliminary Plat(date: 1211112020 6/16/2021) B S2'T'E 1 PMM' H69'5fl 2�E IM m __—__—__—__— SM 5 Now oo �5t II I � N, � 1.r i n y D. Landscape Plan (date: 12/11/2020)-6/18/2021 COY - --- H r _�� Page 26 Page 189 t n �11� �o Wit; � �, :` ra►-�'� � NW% 4% d n �- Qld @� � ® o!9■®tl o Item#6. G. Zoning Exhibit(date: "�'�20 6/l8/2021 - � -- R-s Single Story. f -----� _— R-1 two Crory, Altached ! „— I � 4 Single Family )I R-1 5 Large Rim Lot ("AEG Housing") - _.+ _ -tL R-15 Gated Single i j I I I — �— Story, Single R-8 Single Story. I 't Family f —• Single Family ! � I L - 'i E - - =R-15 Gated, i l — j --Single Family I I H. Phasing Plan(date 2/10/21) - --- ---- --1„- — _.. ,C, ill LL. II _ f Te w - i l i'' i f���gq• � ��Y � Ill --- __ •� +I 1� l ' 1 OFF Q i;�l - - � • _ _ I I z lii� i pry•, - , - - - ; i _ Ili �' ;a^�fi; ��➢5' 1 .I J Page 191 Item#6. 1. Proposed Private Street Sections (date: 6/16/211 I- S L C �6 J.m Tw LT I - PRIVATE-MEET SECTION AT GA7EROUSE z ' 5�Ir W-T7o 9.ALE RR3.6 L i L r�M'T I �+G�W Yam_ G}Y IM lLL I FRLVATE STREET SECTION WFTH MEDL N ELAM) Tuie IM TI"ILE PP3] 27'PUBLIC STREET(STREETS 6, D.r,G, 1, Ui a -'CSLE NUT TO WALE -Te r�Jr i I_ 1i+yH ArL T6f L.7 2 T PR NATE STREET C5TRE£T5 L, M,N.O, P) SCALE.60 T')SC#LE .9RJ.Lt 28' PRIVATE STREET(STREET Ai � 7�rxn r- sw.c PRE-," 4 S G •7. n�4T I al ��I Tmrw 27 PRIVATE STREET WI DETACHED WALK ONE SIDE CS-MEETS IC, O;AND R. n)5:L L F F 3 t Page 29 Page 192 Item#6. J. Phasing Description (date: 12/10/21) PROJECTED PROJECT TI ME LIN E Milestone Date Z021 - ■ City Council Approval est. Aril 2021 ■ Eagle Road-Amiqr to Victor Road Widening to 5 Lanes 2021 2022 - ■ 20 Homes Occupied 151 home available April 2022 Au ust 2022 2023 - ■ Lake Hazel Road and Eagle Road Intersection Construction 2023 ■ Eagle Road-Victory to Amity Road Widening to 5 Lanes 2023 ■ Fire Station #8 - Completed and Staffed December 2023 ■ 50 Homes Occupied September 2023 Z024 - ■ Lake Hazel Road - Ea le to Cloverdale Road Widening to 5 Lanes 2024 ■ 100 Homes Occupied June 2024 Z025 - ■ 150 Hoines Occupied June 2025 Z026 - ■ 200 Homes Occupied June 2026 2027 - ■ 250 Homes Occupied June 2027 Z028 - ■ 300 Homes Occupied June 2028 2029 - ■ Com letion December 2029 Page 30 Page 193 Item#6. K. Proposed Amenities (date: 2JAM 6/l8/21—please refer to Narrative for more details) V r I sr A. Large 3 f4-Acre,Tot Park(Block 9, Lot 52)—The 35,142 5gft Skybreak Neighborhood park will contain the following recreation facilities: • Play Structure • Seating Benches • Shade Structure • Climbing Rocks • Large Grass play area * Attractive Landscaping * Playground fencing for safety B. pathways—The Skyhreak Neighborhood will include the following pedestrian pathways: • 10'Wide Regional Pathway Along Eagle Road—1,326 LF • 10'Wide Regional Pathway Along the Farr Lateral—1,120 LF • 10'Wide Regional Pathway Along Ten Mile Creek-526 LF • 10'Wide Golf Cart Path- 760 LF • Natural Path—1,435 LF Pedestrian pathways within the 5kybreak Neighborhood will total nearly one mile in length. Page 31 Page 194 "rem#s. Parks 'Black 2, Lot I and Black 5, Lot 121) - The 5kylareak Neigh barhood pa rk wil I centa i n two ) .1/4 Ac small dog,, dog parks th at wil l in cl ud e ;h e fol lowing: • Open Vision Fencing _ • Dual Gate System x _ • Seating Areas 1W E ATO • Attractive Landsca1)1ng 1rI ` � L h D. Entry Park(BI-ock 5,lot 114)—The � main Collector Roadway will - terminate in an attractively landscaped open space that will provide for an aesthetically _ r a ppe a I i ng e nt ry statement that ••. _ _-f will convey a sense of arrival. - • Specimen Tree - Plantings • Seating Areas • Attractive Landscaping • Pathway E.Open Sports Park Block 5, Lot 97)—This park will include: • Large 1-acre open sports area • Pathway Connection * Seating Areas - * Attractive Landscaping Page 32 Page 195 Item#6. n cis caped Passive Cop en 5 pace 9—Located throughout the Neighborhood: * Attractive Landscaping * Buffering of side yards * Premier 5ignage and Entry Monuments V. I t k ' f } 1� l- 24 J H. Pedestrian Connection Exhibit N. - { 2: .. = - I Y Pedosvian Cornzecfiorn Infernal PatFinay System Regional Pathuway i Pedestrian+Gall Cart P71th Page 33 Page 196 Item#6. L. Parking Plan (date 6/18/211 I u a a 4L r Or!-Stroet Parking 338 Spaces Page 34 Page 197 Item#6. M. Common Driveway Exhibits I—- —A— I ^7�- - — - - — — , I I O1 usr 8L[JCK 4 0� I i s I I I w✓tta EAseuEvr I 14 I~ L J �� I v 3 s,tlo'SiaE y�' sEre•ne,>p —r---——————� wr 13 Wn WRlEcr�trsFrr 3 F. e AtCEtN °Rw wV wars ON E151 51°E OF , L' ------------ 1 - --- f 'IF _ scrwc � 17 — r 1 F I }R ACCEM rQ arc rmE � 5 SI E F LPr, 4N M29M P 4 - I g �fGp' �AMuaH ,a Su j I � � i gf13•.CFS T4P 30,0I o,IP. H'A>c f F7 I 15 Sk�R�4EY.r i¢ ° I ,R I I ' EET F'"T-NEWAYIELr L(T.h ED ON EAST SIDE OF U7r. rage s--) Page 198 Item#6. F—————-1 BLOCK 5 I Ij h'MEE QN'SIDE w,10655. MNEW LGCAlEP -+-l;ETl)-Cv Tip Gi5 EkTr SILT GF LOT. 34 35 I I 15 3T REYMEM M EMEQQNL+'AMESS MY 33 F- F—————— 12.M' RrAN SETW-J� TI& 21 32 LET 2- TAKES DIREL7-rREEF LOT M TAKES URECr STREET ArCESS. INVEWAv LUCAlEt UlftlrEV ON zntr[H 'ADE OF Lgr. ON 50LIRi 3rDE OF LOT. --- - ------- LOT 24 TAXES DRECT-rRErr A= EIRNEftv MUM) GIM5KTH 9ME UF LM RE&W 5iuw-x T" S.a ti -7 26 5.00' 51OF sEraxcK L'T 7 TA KE-9 PREU YREEF i ACCESS.DMVFWI LOCATED 27 ON W-%PC u LJYT. M rage .jo Item#6. I r 1-t7T Si T4CEs'A=sWET I XlrE55. DRTYErAY LDCATED r. On"OMH SrE OF LOT I' al ILL.,.:; I I ti i Ba TIRIYE 7 12.UD' RErR I PED PAIPWAY ———— � IwmAnk L6T 77 TES DIRECT 3—MEEr ArCES5. ngIW"'f U3r-AMM '• - f N EOST ME OF LCR 77 I I I 3.0, Aut SEriIECR � LQi IRS TFKn 7I4Q mzEET I _� Imo. smE Y I BLOCK 5 — nN WEiD5P OF ChTED I I I I a I I LAi +6a iNSES ]PECi STT+EEf l l l I ON EEA5T 31D EWAY �,E,' LDr Tea I T61 ls7 15e T55 1 154 153 'UrM"Eb 70 NEW EHV KN-MS ONLY I - sW REM LMYCCK 9 I ! - I 179 154 f r f f � i w Lpi 1 N TAX aINEri 5TkEET I MX"E p tYE'loArR o[A.TVVtrT E AC1',ESS C—!EWgY LUATQ1 I ON sDuTH SIDE CF Lur. —— — 19N 9tlU H S hE ]F LOT ——— I: 1 126 1�g gr Page 38 Page 201 Item#6. I LO'r 19 TWES UREGT STREET hmESL DRf4EW+4w LDcKrm .4W HOYTH NPE :]F LOT I � I I+.• I I i I 17 0.05 MOO" M {{ RUF'F'EH I -- - - - -- - - I ' 13 rrp LM 13 T-WES OIREM %MEET �. EAKEWAV LDC4TM I SETBMtk ']W WESTI ti41E MW LM. I ,.nm' sraE TRACK T— a Sa r��J 7G Page 39 Page 202 y y� 5 ■ �.� IIll ,. �i■ ■ ■ NE � 1 m ME so I II�� •Ii� EIN l . �■��_-sue � L� 01 LIMMEJ= i�. � ri■� !ill ��� ��� � � �� f � �� ��� ���. ;°rlop 4 ■ Item#6. x J� T � r � rt J � 'x 1 JOF { LI - Page 41 Page 204 I �� � � � ' I � il.� 11 �!!!' � Fes■ n IRr/ •%i■I�_ �� ail . �.� ���I ia�i� �if� sr�a� �tii ;� � ■ ■■'� ��� w �r ■■ �i■ ■ I ;; � a ��iG �� ���� ���i r - Page 42 Item#6. VIII. CITY/AGENCY COMMENTS A. PLANNING DiyISION 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 owners) at the time of annexation ordinance adoption,and the developer. Currently;a fee of$303.00 shall be Paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall,at minimum, incorporate the following provisions: a The Skybreak Neighborhood shall follow the approved phasing plan and/or obtain planning and fire department approval for any modifications. b The applicant shall submit a wildland safetyplan for the hillside area to be approved by Meridian Fire Department with the first fmal plat. c The existing residence at 3487 E. Adler Hof Ln. (Lot 45,Block 5)will be required to abandon the well and septic system and connect to City water and sewer with development of the property. d The applicant shall not submit a final plat for Phase 8 and 9 until public street access is provided. e A 30' rear yard setback is required on Lots 74-83,Block 5,abutting Vantage Pointe. f A 15' (external) side yard setback and an increased rear setback(as shown in applicant's plans)is required for Lot 74,Block 5. abutting Vantage Pointe. g The rear and/or sides of any 2-stony structures facing S. Eagle Rd(18-21 Block 1. 15-26 and 76-79 Block 9) shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of buildingpermit. h Future development of this site shall substantially comply with the preliminary plat, landscape plan and conceptual building elevations for the single-family attached and detached dwellings included in the attachments contained herein. 2 Administrative design review will be required for all new attached residential structures containing two Q or more dwelling units. 3 The City Council has approved alternative compliance from UDC 11-3F-4 that limits gated developments to 50 lots,to allow 106 gated lots. 4 The City Council has approved alternative compliance from UDC 11-3F-4 prohibiting common driveways off private streets,to allow 3 common driveways. 5 The City Council has approved a wavier from UDC 11-6C-3 limiting dead-end streets ending in a cul-de-sac to 500 feet to allow the Phase 8 cul-de-sac in the northeast corner to extend to approximately 610'. 6 The City Council has approved a wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750)feet in length without an intersecting street or alley to allow Block 9,north of the Farr Lateral to be approximately 1,000 feet in length. 7 The City Council has approved a wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750)feet in length without an intersecting street or alley to allow Block 5, along the southern boundary of the property,to be approximately 1.190 feet in length. Page 43 Page 206 Item#6. 8 The City Council has approved alternative compliance from UDC 11-3B-12 and UDC 11-3G-3 requiring minimum landscaping along pathways and within common open space to allow the Pathway area shown in Lot 46 of Block 5 to remain in a natural state. 9 The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B. 11- 3G and maintenance thereof as set forth in UDC 11-3B-13. 10 The applicant shall construct all proposed fencing and/or any fencing required by the UDC. consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. as applicable. 11 Except as otherwise listed above,the development shall comply with the private street requirements as set forth in 11-3F, includin tg he applicant or owner providing documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 12 The plat shall comply with the provisions for irrigation ditches,laterals,canals and/or drainage courses as set forth in UDC 11-3A-6. The Farr Lateral is allowed to remain open as waived by City Council. 13 Except as listed above,the applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 14 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. 15 Off-street parkin is s required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 16 The Applicant shall have a maximum of two (2)years from the date of City Council approval to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 17 The Applicant shall comply with all conditions of ACHD. 18 Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Page 44 Page 207 Item#6. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Preliminary plat conceptual site plans dated 12/11/2020 must be adiusted as follows a The sewer main stub near intersection of Street C and D needs to end in a manhole. b The sewer main stub at the North end of Street E needs to end in a manhole. c The sewer on the south-eastern boundary(Street J) should not go to the property boundary. d The sewer main should run at 0.60% slope and end in a manhole short of the property boundary. e Water and sewer mains must be covered in a 20-foot-wide easement per utility. f Easements cannot have encroachments of any permanent structures including but not limited to buildings, carports,trash enclosures, fences,trees, deep rooting bushes.etc. g Maintain a minimum 90-deg eagle into/out of all manholes. h Slope between manholes shall not exceed 5%. Slopes between SSMH G-3 to SSMH H-1, SSMH G-4 to SSMH J-1.and SSMH G-8 to SSMH K-1 exceeds this. i No public main is allowed in common driveways, sewer line A and F are shown going through private drives. j If you have three or less lots on a common drive, services should be stubbed from the roadway. k Four or more lots, sewer will be allowed in the common drive. Sewer will be private and will be the responsibility of the HOA to maintain. Manholes needed in the common drive shall be marked with "Private"on the lid. 1 A drainage plan is required to be provided and reviewed prior to plan approval. m Current design does not meet minimum fire flow.A possible solution is to upsize some 12" mains and add two more connections one at the southwest and one at the northeast corner of the development. These changes must be coordinated with Public Works. n A streetlight plan must be provided with the final plat application. Streetlight plan requirements are listed in Meridian Design Standards. o Phase 8 of the proposal is in Flood Zone A. This area requires extending the existing ydraulic and hydrology study and establishing base flood elevations. Other phases are not impacted by flood zone and will not require floodplain study or permits. Page 45 Page 208 Item#6. General Conditions of Approval 2. 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 ton of nine 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. 3. 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. 4. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way include all water services and hydrantsl. The easement widths shall be 20-feet wide for a single utility.or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process usingthe 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. 5. 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 receivingdevelopment plan approval. 6. 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. 7. All irrigation ditches,canals,laterals, or drains,exclusive of natural waterways,intersecting, crossing or laving adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation 8. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment.Anv Page 46 Page 209 Item#6. 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. 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 buildingpermits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing3 landscaping, amenities, etc.,prior to signature on the final Plat. 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 as performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC I I-5C-3B. 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 maybe required by the Army Corns 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 11-12-3H. 17. Compaction test results shall be submitted to the Meridian Building Department for all buildingpads receiving engineered backfill,where footing would sit atop fill material. 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. 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. 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 htt ://www.meridiancitv.or /public works.asyx?id=272. 22. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% Lk— 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 Page 47 Page 210 Item#6. 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. 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 sure suretsr can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety.which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=223367&dbid=0&repo=MeridianCitX D. POLICE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=222919&dbid=0&repo=Meridian CitX E. PARK'S DEPARTMENT https://weblink.meridianciU.or,glWebLinkIDocView.aspx?id=214368&dbid=0&repo=MeridianCiU&cr=1 F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=193035&dbid=0&repo=MeridianCitX G. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.or,g/WebLink/DocView.aspx?id=222788&dbid=0&repo=MeridianCitX H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=219402&dbid=0&repo=MeridianCitX I. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=193631&dbid=0&repo=MeridianCitX J. CENTRAL DISTRICT HEALTH DEPARTMENT https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=219402&dbid=0&repo=MeridianCitX K. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=203469&dbid=0&repo=MeridianCitX L. COMMUNITY DEVELOPMENT SCHOOL IMPACT REVIEW: https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=203755&dbid=0&repo=MeridianCitX M. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https.Ilweblink.meridiancity.orz/WebLink/Doc View.asyx?id=222984&dbid=0&repo Meridian City Page 48 Page 211 Item#6. N. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=222907&dbid=0&repo=MeridianCity IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds the proposed map amendment to R-8 is consistent with the Comprehensive Plan density recommendations of 3-8 dwelling units per acre. The Council finds zoning the property to the R-1 S district for purpose of allowing private streets is suitable for providing the necessary infrastructure. The Council also finds this development would be considered infill. The proposed private streets serving a significant portion of the site would meet the intent of the Plan in regard to requiring urban infrastructure being provided for all new developments, including sidewalks. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds there is a variety in housing types and diversity in lot sizes which is consistent with the purpose statement of the residential districts, which states a range of housing opportunities should be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; Council finds the proposed zoning map amendment would not be detrimental to the public health, safety and welfare. The private streets would be funded by the homeowners through the HOA. Also, the Fire District has voiced they can serve this development when the southern fire station is constructed. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and The Council finds the map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision. 5. The annexation(as applicable)is in the best interest of city. Council has determined this annexation is in the best interest of the City. B. Preliminary Plat(UDC 11-613-6): In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Councilfinds that the proposedplat is in substantial conformance with the adopted Comprehensive Plan in regard to maximizing public services by prioritizing infill development over parcels on the Page 49 Page 212 Item#6. fringe,provision of a variety of housing types, density in the LDR designated area, transitional densities, adequate provision of services (Fire Dept), usable open space, and construction of infrastructure without sidewalks, etc. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and can be extended to accommodate the proposed development although services would be maximized by development of infill or underdeveloped parcels already in the City instead of on the fringe as is the subject property (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, 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 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). 5. The development will not be detrimental to the public health, safety or general welfare; and, The Council is not aware of any health, safety, or environmental problems associated with the platting of this property.Public testimony has been submitted from adjacent residents to the south on 1-acre lots stating there is not an adequate transition in lot sizes or zoning to their properties/subdivision. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural,scenic or historic features. The Council finds the proposed development preserves the natural topography/hillside along the eastern boundary of the site. Council is unaware of any other significant natural, scenic or historic features that exist on this site that require preserving. C. Private Streets(UDC 11-3F-5): At the June 29, 2021 meeting, the Council overturned the Director's denial of the private streets, with the following findings: A. The design of the private street meets the requirements of this article; The private streets meet the design requirements of not connecting to an arterial street, allowing sufficient maneuvering for emergency vehicles, and meeting the minimum width of 27 feet.However, the proposal exceeds the limitation of no more than 50 units being served by a gated development, and three common driveways are proposed whereas UDE 1103F-4-5 states common driveways cannot be allowed on private streets. The Council approved Alternative Compliance from these requirements. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity. The Director had safety concerns in regard to whether there could be pedestrian safety issues with residents using private streets with no sidewalks. Per direction from the Council, the applicant added sidewalks on at least one side of all streets, and the Council found the private streets would not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity. Page 50 Page 213 Item#6. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds the private streets with sidewalks meet Comprehensive Plan policies such as requiring new residential neighborhoods to provide complete streets, developing a connected, comfortable, and comprehensive network of multi purpose pathways, ensuring safe routes and access, encouraging safe, physical activity for pedestrians and bicyclists, and fostering a walkable and bikeable community and providing necessary infrastructure. A The proposed residential development(if applicable)is a mew or gated development. The proposed development is a gated development. Page 51 Page 214 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Idaho Auto Mall LLC (Owner/Developer) for Artemisia Subdivision H-2021-0014, Located at 1690 W. Overland Rd. Page 215 ADA COUNTY RECORDER Phil McGrane 2021-109417 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 07/22/2021 09:54 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGRE EMENT PARTIES: I. City of Meridian 1 Idaho,Auto Mail LLC,Owner/Developer TIES- D M MEN EVELOPENT AGREE ENT (this Agreement), is made and entered into this. 20th day of July mq 20211, by and between City of Meridian, a municipal corporation of the 'fate of Idaho. hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Idaho Auto Mail LLC, whose address is 3449 E. Copper Point Drive,Meridian, ID 83642,hereinafter called OWNER/DEVELO�PER, I RE CITALS: 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 reterre-' '- - - .� - � rty; and 12 WHEREAS,Idaho Code §67-6511 A provides that cities may,by ordinance, require or Perin it as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-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 annexation and zoning of 25.87 acres of land to the C-G (General Retail and Service Commercial)zoning district on the property listed in Exhibit"A", under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1A5 W ERE,AS, Owner/Developer made representations at the public hearings before 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, includes responses of government subdivisions providing services within the DEVELOPMEN'r AGREEMENT— AR,'rumistA SusmvisioN(14-2021-0014) PAGE' I OF 9 Item#7. City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 1 Sih day of June, 2021, 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/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 OwnerlDeveloper 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. 1INCORPORATION 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 Idaho Auto Mall, LLC, whose address is 3449 E.Capper Point Drive,Meridian,ID 83642,hereinafter called OWNER, the party that owns said Property and shall include any subsequent owner(s)and developer(s)of the Property. DEVELOPMENT AGREEMENT- ARTEMISIA SuBDIVISION(H-2021-00 14) PAGE 2 OF 9 Page 217 Item#7. 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 and/or Developer shall develop the Property in accordance with the following special conditions: a. Development of the subject property shall be generally consistent with the preliminary plat,landscape plan and conceptual building elevations submitted with the annexation application contained herein. b. Prior to development of the commercial/office portion of the development, the development agreement shall be amended to include a conceptual development plan that demonstrates consistency with the land use,transportation and design elements of the Ten Mile Interchange Specific Area Plan(TMISAP), including but not limited to the following: (1) Provide minimum 6-foot wide parkways/planting strips and detached minimum 5- foot wide sidewalks along all streets within the development (Pedestrian & Bicycle System,pg.3-27). The minimum width of parkways planted with Class II trees is S feet; the minimum with of parkway planters for Class I and III trees is I0-feet. Planter widths for Class II trees may be reduced to 6-feet if root barriers are installed per the standards listed in UDC 11-3A-17E. (2) Sidewalks/pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers and shall be distinguished from surrounding paving(Crosswalks, pg. 3-28). (3) Street furnishings such as seating, newspaper racks, bollards, trash receptacles, bicycle racks and other elements important to the functioning of an effective pedestrian environment shall be provided(Street Furniture,pgs. 3-28—3-29). (4) Exterior lighting should be used to provide illumination for the security and safety of entry drives, parking, service and loading areas, pathways, courtyards and plazas, without intruding on adjacent properties. Site lighting should be architecturally compatible and consistent in design between sites.(Lighting,pg.3- 30). DEVEWPMENT AGREEMENT— AR'mmi$IA SUBDIVISION(E-1-2021-0014) PAGE 3 OF 9 Page 218 Item#7. (5) Future development along Overland Rd. and internal local streets should incorporate street-oriented design consistent with the TMISAP for commercial developments. (6) Building orientation and setbacks should be close to the street with the main entrance of buildings oriented to the street(Street-Oriented Design, pg. 3-33). (7) A continuous unbroken frontage along required build-to lines to a minimum height of 30-feet should be constructed for at least 75%of the property frontage. Adjustments to this requirement may be allowed, such as modest setbacks to accommodate additional sidewalk space for eafd seating,or breaks in frontage for the creation of pocket parks. New Buildings at street intersections should "hold the corners" and avoid introducing additional building setbacks unless a new public space is specified, At least 40% of the linear dimension of the street level frontages shall be in windows or doorways; street level windows shall be clear or tinted visually permeable glass(mirrored or reflective glass is prohibited).Window sills shall be located no higher than 3'6"above adjacent exterior grade;headers shall be located no lower than 8'0"above adjacent exterior grade,No wall frontage shall continue uninterrupted by a window or a functional public access doorway for a linear distance of greater than 12'. The principal doorway for public entry into a building shall be from the fronting street.Corner entrances may be provided on corner lot buildings(Commercial and Mixed-Use Buildings,pg.3-33).No parking should be placed between a building and the fronting primary or secondary street(Commercial Activity Centers,pg.3- 37). (8) The space between a building facade and the adjacent sidewalk or walkway should be appropriately landscaped with a combination of lawn,groundcover,shrubs and appropriate trees(Building Facades, pg. 3-38). (9) Low-rise buildings of 2-4 stories over much of the area is desired (Building Heights, pg. 3-38). (10)Buildings should be designed with clearly delineated bases,bodies and tops(Base, Body and Top,pg. 3-39). (11)Comply with the general recommendations for Activity Centers noted on pg.3-40. (12)Awnings shall be provided on building facades for climate protection for pedestrians and shall extend a minimum of 5-feet from the fag.ade of the fronting structure—8-feet is preferable in wider pedestrian environments(Awnings,pg.3- 45). (13)Signs should be designed to contribute to the overall character, identity and way finding system.The colors,materials,sizes,shapes and lighting of signs should be compatible with the architecture of the buildings and the businesses they identify (Signs, pg. 3-46). (14)High duality public art should be incorporated into the design of streetscapes, public buildings, parks, transit, infrastructure, and other public projects (Public DEVELOPMENT AGREEMENT— ARTEMISIA SUBmvisION(H-2021-0014) PAGE 4 OF 9 Page 219 Item#7. Art, pg. 3-47). (1 S)Open civic spaces should be provided in commercial activity centers/mixed use environments and should be located adjacent to an accessible from at least one primary street(3-48). c. Minimum 5-foot wide pedestrian walkways shall be provided from the perimeter sidewalks along Overland and Linder Roads to the main building entrances in accord with UDC I I-3A-19B.4a. d. Internal pedestrian walkways shall be provided between buildings within the site for pedestrian connectivity. Internal walkways shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4b. e. All future structures constructed on this site shall comply with the design guidelines in the TMISAP and the design standards in the Architectural Standards Manual. f. The final plat shall be recorded prior to issuance of building permits for any structures beyond those on the Kendall Ford site(i.e. Lot 1, Block 1). The Kendall Ford site is allowed to develop and obtain building permits prior to recordation of the plan subject to approval by the Building Department. g. Compliance with the specific use standards listed in UDC 11-4-3-38:Vehicle Sales or Rental and Service is required. h. If fencing is proposed for security around the Kendall Ford site, it shall be of a higher quality than chain-link (i.e. wrought iron). 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement,Owner/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,Owners and/or Developer shall be deemed DEVELOPMENT AGREEMENT— ARTEhusm SuBDmsION(H-202I-0014) PAGE 5 OF 9 Page 220 Item#7. 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/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. S. INSPECTION: Owner/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. 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 Owners 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, DEVELOPMENT AGREEMENT- ARTEwsL4 Su13DmsxoN(H-2021-0014) PAGE 6 OF 9 Page 221 Item#7. or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph l 1 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/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: Idaho Auto Mall LLC 3449 E. Copper Point Drive 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/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 Owners and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had DEVELOPMENT AGREEMENT— ARTE&nsiA SuBDIVIsioN(H-2021-00I4) PAGE 7 01'9 Page 222 Item#7. determined that Owners and/or Developer have fully performed their obligations under this Agreement. 18, IN''V'ALID 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. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT A(iRL•:L"•MEN7'— ARTEMISIA SUBDIVISION(H-2021-0014) PAGE 8 OF 9 Page 223 Item#7. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERIDEVELO ER: Ida" da uto 1VI IL C By: avid E. B ewett Its: Manager of Kendall Development Group L.L.C., Manager of Idaho Auto Mali LLC CITY OF MERIDIAN ATTEST: By: Mayor Robert:E. Simison 7-20-2021 Chris Johnson, City Clem 7-20-2021 STATE OF IDAHO } ss: County of Ada ) On this !�—*day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared David E. B1ewett, known or identified to me to be the Manager of,Kendall Development Group L.L.C., Manager of Idaho Auto Mall LLC and the person who signed above and acknowledged to me that he executed the same on tatalf of said entity. IN Wl• OF, I have hereunto set my hand and affixed my official seal the day and year in this , certificate i (SEAL) 'a� r Pus Wta ,Ai ,+n Noy.'`" •` ` 0i�+4' *�,Q••+` My Commission Expires: ''� O�I .No 61 STATE OF IDAN'141+0� :ss County of Ada ) On this20thday of July ,2021,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. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-98-9099 DEVELOPMENT AGREEMENT— ARTews A SCIBm1VmsioN(H-2021-0014) PAGE 9 OF 9 Page 224 EXHIBIT A Le+lal Description Annexation & C-G Rezone — Proposed Artemisia Subdivision A parnel being a portion of the 8 E'1,of the 8E 1/4 of Section 14, Township� North, Flange 1 West, Boise Meridian, Ada County, Idaho, and more particularly described ss follows' BEGINNING at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest comer of the SE Y,of said Section 14 bears N 89'19'41'W a disisnce of 2 1.68 feet; Thence along the southerly boundary of said SE X cf the SE %, also being the centerline of W. CYverland Road, N 89a19'41' a distance of 923-89 feet to a paint; Thence leaving said centerline and southerly boundary N 0°44'19" E a distance of 1210-11 feet to point on the i eenterlino of Interstate 84: Thence slang sold centerline S 89°34W" E a distance of 921.31 feet to a point on the easterly boundary of said SE %of the SE '14, also being the centerline of S. Linder Road; Thence leaving the centerline of said Interstate 94 and along said easterly boundary and S. Linder Road centerline 8 0`32'59"Wa distance of 1213-95 feet to the POINT OF BEGINNING. This parcel Contains 25.67 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLC Land Solutions, PC s�p i t q s March 5, 2021 T IL L 1nd o1 n A nsmisia Subdivision—Aug nation s Ruorle L- lr n S Mere 9 „[a�s.n,g kb No.19-72 Pa"1 of 1 Artemisia Subdivision H-2021-0014 Page 225 EXHIBIT A CITE' OF MERIDIAN ANNEXATION - REZONE PROPOSED ARTEMISIA SUBDIVISION A POR710N OF THE 3E 1 4 OF THE$E 114 OF SECTION 14, T-3N-, RAW. B.M. CITY OF MERIDIAN,ADA COUNTY, IOAHO if+ 0' 10V 20V 400' 1� t �S9'34`17 1 1` — — — GNMETATE E4 .I SITE 25.67 ACRES +f- Ld 14 — 1 iaa7.79 323.89' POIw! OF BEGINNING fa fa zap j �i7s'av'w 111. 1+ RLM1D RD. 23 2{ LA iva@�s5i5 Cr BEARING n lutlons i - t ' "Ull and Surveying and ODmulting OF ► f; srH 37.9r A 7y� r%aioLAR ip e 12MI283D40 6%312E9-�5574w xww.la�dWknz 6lx J06 Mp i�r3 Artemisia Subdivision H-2021-0014 Page 226 EXHIBIT B Item#7. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 25.67-Acres of Land with a C-G (General Retail and Service Commercial)Zoning District; and,Preliminary Plat(PP) Consisting of 9 Commercial Buildable Lots on 19.26-Acres of Land in the Proposed C-G(General Retail and Service Commercial) Zoning District for Artemisia Subdivision,by Engineering Solutions,LLP. Case No(s).H-2021-0014 For the City Council Hearing Date of: June 1, 2021 (Findings on June 15, 2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 1,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 1,2021, 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 I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTEMISIA SUBDIVISION—AZ,PP H-2021-0014 - I - Page 227 Item#7. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 1, 2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of June 1,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTEMISIA SUBDIVISION—AZ,PP H-2021-0014 -2- Page 228 Item#7. 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 June 1,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTEMISIA SUBDIVISION—AZ,PP H-2021-0014 -3 - Page 229 Item#8. By action of the City Council at its regular meeting held on the 15th day of June , 2021. 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 6-15-2021 Attest: Chris Johnson 6-15-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-15-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTEMISIA SUBDIVISION—AZ,PP H-2021-0014 -4- Page 115 Item#7. EXHIBIT A STAFF REPORTC�WEIIDIAN --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 1,2021 Legend DATE: TO: Mayor&City Council _____ FROM: Sonya Allen,Associate Planner 208-884-5533 LI I I I I I I I SUBJECT: H-2021-0014 Artemisia Subdivision—AZ,PP LOCATION: 1690 W. Overland Rd., in the SE 1/4 of ---- Section 14,T.3N.,R.1 W. (Parcel #S1214449107) R I. PROJECT DESCRIPTION Annexation and zoning(AZ) of 25.67-acres of land with a C-G(General Retail and Service Commercial)zoning district; and, Preliminary Plat(PP) consisting of 9 commercial buildable lots on 19.26-acres of land in the proposed C-G(General Retail and Service Commercial)zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 25.67-acres(AZ); 19.26-acres(PP) Existing/Proposed Zoning RUT in Ada County/C-G Future Land Use Designation Mixed Employment(ME)(13.4+/-acres)&Mixed-Use Commercial(MUC)(5.9+/-acres) Existing Land Use(s) Single-family rural residential/agricultural Proposed Land Use(s) Corporate office,parts sales, service,accessory center,RV maintenance Lots(#and type;bldg./common) 9 buildable lots/0 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 0 of units) Physical Features(waterways, The Hardin Drain runs along the northeast corner of this hazards,flood plain,hillside) site. Neighborhood meeting date;#of 8/26/20;3 attendees&2/4/21;no attendees attendees: History(previous approvals) None Page 1 Page 231 Item#7. B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was not required. es/no Access One access is proposed via W. Overland Rd.,a 5-lane arterial (Arterial/Collectors/State street along the southern boundary of the site. Hwy/Local)(Existing and Proposed) Traffic Level of Service Better than"D"(acceptable LOS is"E") Stub One stub street(W. Tasa St.)is proposed at the west boundary of Street/Interconnectivity/Cros the site for future extension s Access Existing Road Network W. Overland Rd.runs along the southern boundary of the site Existing Arterial Sidewalks/ No sidewalks exist along W. Overland Rd. adjacent to this site. Buffers Proposed Road Capital Improvements Plan(CIPu Integrated Five Year Work Plan(IFYWP): Linder Road is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and Improvements widened to 5-lanes on each side of 1-84 with a level 3 bike facility from Franklin Road to Overland Road in the future. • The intersection of Overland Road and Linder Road is listed in the CIP to be widened 6-lanes on the north and south legs and 7-lanes on the east west legs and signalized between 2036 and 2040. Fire Service • Distance to Fire Station 0.1 mile • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#6 can meet response time goals • Resource Reliability 87%-does meet the target goal of 80%or greater • Risk Identification 4 current resources would not be adequate to supply service (large building with high fire loading) • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 2,500 gallons per minute for two hours,may be less if buildings are fully sprinklered. • Other Resources Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining 14.08 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions Page 2 Page 232 Item#7. Water • Distance to Water Directly adjacent Services • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works Site Specific Conditions C. Project Area Maps Future Land Use Map Aerial Map Legend Legend Project Lacsian � Low �per ihy �R�eslfi�l� Relden iol icy I &Mxed Enn p6ymenf i r , MU-C 11ig r- ti SlfylF IY ' w eSidenfial Zoning Map Planned Development Map (Legend R1 R1 (fLegend IP ject Lacai�an I5Prcjeat Lacafian _ - +_i iiiyffl Lirn ® — Pbnned Purce{s R I •• Trrrn RUT L. 4L 7 RUT-R' LL ---- TN-C - TN-R R-15 f II-- � RUT R-116 ITN-R R-8 R-$ R- ,�4 Page 3 Page 233 Item#7. A. Applicant: Engineering Solutions,LLP— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owners: Idaho Auto Mall,LLC—8854 W. Emerald St.,Boise, ID 83704-4830 C. Representative: Becky McKay,Engineering Solutions,LLP— 1029 N.Rosario St., Ste. 100,Meridian, ID 83642 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 3/26/2021 5/14/2021 newspaper Notification mailed to property owners within 300 feet 3/24/2021 5/ll/2021 Applicant posted public hearing 4/3/2021 5/15/2021 notice on site Nextdoor posting 3/24/2021 5/12/2021 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the northern and western 13.4+/-acres of this site as Mixed Employment(ME)and the 5.9 acres at the southeast corner of the site as Mixed-Use Commercial(MUC). This site is within the area governed by the Ten Mile Interchange Specific Area Plan(TMISAP). The purpose of ME designated areas is to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas,light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments,primarily serving employees and users of the ME areas or nearby industrial areas, are allowed. ME areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises.ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. Buildings are anticipated to range in height from 1-4 stories,have total floor areas of 10,000-1,000,000 square feet,with a FAR that will exceed .75. The purpose of MUC designated areas is to encourage the development of a mixture of office,retail, recreational,employment and other miscellaneous uses,with supporting multi-family or single-family attached residential uses. This designation requires developments to integrate the three major use categories—residential, commercial and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The northern portion of the site, designated ME,is proposed to develop first with two(2) single-story structures with a combined square footage of 92,307 for Kendall Ford Auto Center, a regional company; proposed uses include vehicle sales and service and retail sale of vehicle accessories. A Page 4 Page 234 Item#7. variety of lot sizes are proposed on the MUC designated southern portion of the site for future retail and office uses adjacent to W. Overland Rd. Staff believes the proposed uses are generally consistent with the associated ME and MUC FLUM designations and will contribute to the variety of uses already in this area and with future uses. Existing uses consist of single-family and multi-family residential uses to the south and southwest, which provide the residential component of the mixed-use area although not an integrated part of the development; office to the south; recreational vehicle sales,retail parts/accessories sales and service to the east; and future mixed employment uses to the west. Future development along Overland Rd. and internal local streets should incorporate street-oriented design consistent with the TMISAP for commercial developments. Transportation: The Transportation System Map in the TMISAP depicts arterial streets along the south and east boundaries of the site—Overland Rd. exists along the south boundary as a 5-lane roadway and Linder Rd. is listed in the IFYWP to be constructed as a 5-lane roadway and a 4-lane overpass in the future along the east boundary of the site. A local street is depicted through the western portion of this site from Overland Rd. to the west boundary of this site consistent with that shown on the proposed preliminary plat. Mixed-Use Commercial areas must include an integrated system of sidewalks,walkways and pathways that provide access to all structures and spaces within a development. Sidewalks should not be located immediately adjacent to the curb—they should be separated from the curb by a minimum 4-foot wide planting strip planted with street trees and other landscaping. A loop pathway is proposed on the landscape plan around the perimeter of this site as an amenity for employees and the public. Street furnishings such as seating,newspaper racks,bollards,trash receptacles,bicycle racks and other elements important to the functioning of an effective pedestrian environment should be provided as set forth in the TMISAP(Street Furniture,pgs. 3-28—3-29). Exterior lighting should be used to provide illumination for the security and safety of entry drives, parking, service and loading areas,pathways,courtyards and plazas,without intruding on adjacent properties. Site lighting should be architecturally compatible and consistent in design between sites. (See TMISAP,Lighting,pg. 3-30). Design: In commercial developments,building orientation and setbacks should be close to the street with the main entrance of buildings oriented to the street(Street-Oriented Design,pg. 3-33). For all new commercial and mixed-use buildings, a continuous unbroken frontage along required build-to lines to a minimum height of 30-feet should be constructed for at least 75% of the property frontage. Adjustments to this requirement may be allowed, such as modest setbacks to accommodate additional sidewalk space for caf6 seating,or breaks in frontage for the creation of pocket parks.New Buildings at street intersections should"hold the corners" and avoid introducing additional building setbacks unless a new public space is specified. At least 40%of the linear dimension of the street level frontages shall be in windows or doorways; street level windows shall be clear or tinted visually permeable glass (mirrored or reflective glass is prohibited). Window sills shall be located no higher than 3'6"above adjacent exterior grade;headers shall be located no lower than 8'0" above adjacent exterior grade.No wall frontage shall continue uninterrupted by a window or a functional public access doorway for a linear distance of greater than 12'. The principal doorway for public entry into a building shall be from the fronting street. Corner entrances may be provided on corner lot buildings (Commercial and Mixed-Use Buildings,pg. 3-33).No parking should be placed between a building and the fronting primary or secondary street(Commercial Activity Centers,pg. 3-37). The space between a building facade and the adjacent sidewalk or walkway should be appropriately landscaped with a combination of lawn, groundcover, shrubs and appropriate trees(Building Facades, pg. 3-38). Page 5 Page 235 Item#7. Low-rise buildings of 2-4 stories over much of the area is desired(Building Heights,pg. 3-38). Buildings should be designed with clearly delineated bases,bodies and tops(Base,Body and Top,pg. 3-39). Comply with the general recommendations for Activity Centers noted on pg. 3-40. Awnings shall be provided on building facades for climate protection for pedestrians and shall extend a minimum of 5-feet from the facade of the fronting structure—8-feet is preferable in wider pedestrian environments(Awnings,pg. 3-45). Signs should be designed to contribute to the overall character, identity and way finding system. The colors,materials, sizes, shapes and lighting of signs should be compatible with the architecture of the buildings and the businesses they identify(Signs,pg. 3-46). High quality public art should be incorporated into the design of streetscapes,public buildings,parks, transit,infrastructure,and other public projects(Public Art,pg. 3-47). The Applicant proposes a focal point at the northwest corner of Linder&Overland Roads with a sculpture and masonry signage(see detail on Sheet LI AO of the landscape plan in Section VII.C). Open civic spaces should be provided in commercial activity centers/mixed use environments and should be located adjacent to an accessible from at least one primary street(3-48).Linear open space with a pedestrian walkway is proposed around the perimeter of the development; additional common/gathering area(s)should be provided within the commercial/office portion of the development. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "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 I1-3A-21. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed uses should be compatible with similar uses (Camping World&Bish's RV)and zoning(I-L) to the east,future mixed employment uses to the west, and multi family residential, office and future commercial uses to the south across Overland Rd. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability." (3.06.02B) The anticipated retail uses should provide shopping opportunities for area residents and employees of the proposed auto center and offices. The proposed auto center will provide jobs within close proximity of single family and multi family residential uses to the south across Overland Rd. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) The proposed retail uses should provide supportive uses for the auto center and office uses. • "Require pedestrian circulation plans to ensure safety and convenient access across large Page 6 Page 236 Item#7. commercial and mixed-use developments."(3.07.02A) The landscape plan depicts a pedestrian walkway within the landscape buffers around the perimeter of the development and sidewalks along internal public streets.Additional internal pedestrian walkways should be provided between buildings within the site for pedestrian connectivity and from the perimeter sidewalks along Overland and Linder Roads to the main building entrances. • "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. • "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 services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation, low walls,berms, etc.)."(3.07.01 C) A SO foot wide landscaped street buffer is required to be provided along the northern boundary of the site adjacent to I-84. The structures on Lot 1, Block I are proposed to be setback 315'+from I-84. • "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 are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation: The proposed annexation is for 25.67-acres of land with a C-G(General Retail and Service Commercial)zoning district,which includes the ITD storm drainage area at the northeast corner of the site and the right-of-way to the section/center line of adjacent streets. The proposed C-G zoning is consistent with the associated ME and MUC FLUM designations as is the proposed uses. The proposed use of the property will include sales and service for commercial fleet operations for large commercial trucks and motorhomes;vehicle accessory sales; an installation facility for customizing vehicles;parts department; and reconditioning facility for used cars for Kendall Ford Auto Center. The Applicant anticipates the future uses on the six(6) lots located along W. Overland Rd. and adjacent to S. Spanish Sun Way to be retail and office space. Vehicle sales and service,minor vehicle repair,retail sales, and professional services(i.e. offices) are all listed as principal permitted uses in the C-G zoning district per UDC Table 11-2B-2, Page 7 Page 237 Item#7. subject to the specific use standards in UDC 11-4-3 as applicable.Note:Major vehicle repair is prohibited in the C-G zoning district. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application, containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed plat consists of 9 commercial buildable lots on 19.26-acres of land in the proposed C-G zoning district. Lots range in size from 22,305 square feet(s.f.) (0.51-acre)to 422,643 s.f. (9.7-acres)with an average lot size of 87,625 s.f. (2.01-acres). The subdivision is proposed to develop in one(1)phase.Note: The portion of the annexation area at the northeast corner of the site that is the ITD storm drainage area is not included in the proposed plat as it's been dedicated as right-of-way. The Applicant requests approval to obtain building permits and develop the Kendall Auto site on Lot 1, Block 1,prior to recordation of the final plat. Staff is amenable to this request as the subject parcel is considered a legal parcel eligible for development;however,prior to issuance of building permits for any other lots within the subdivision,the final plat should be recorded. Existing Structures/Site Improvements: There are no existing structures on this site; the previous home and accessory structures have been removed. Proposed Use Analysis: A variety of uses are proposed on lots in the subdivision including vehicle sales and service and retail sale of vehicle accessories; retail; and office uses. Vehicle sales and service is listed as a principal permitted use in the C-G district and is subject to the specific use standards listed in UDC 11-4-3-38. Retail sales and professional services (i.e. offices) are also listed as a principal permitted use in the C-G district. Other uses are allowed as noted in the Allowed Uses in the Commercial Districts Table 11-2B-2. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the C- G zoning district in UDC Table 11-2B-3. 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. Access(UDC 11-3A-3) One(1)public street access(S. Spanish Sun Way)is proposed via W. Overland Rd. in alignment with that to the south. Direct lot access via W. Overland Rd. and S. Linder Rd. is prohibited. One(1) stub street(W. Tasa St.)is proposed to the west boundary for future extension in accord with the Transportation System Map in the TMISAP. A temporary cul-de-sac is required to be constructed at the terminus of Tasa St.until the street is extended in the future. Page 8 Page 238 Item#7. Cross-access/ingress-egress easements are required to be granted between all lots in the subdivision in accord with UDC 11-3A-3A.2. Capital Improvement Plan(CIP)/Integrated Five Year Work Plan(IFYWP): Per the ACHD report,Linder Rd. is scheduled in the IFYWP to be constructed as a new 4-lane I-84 overpass and widened to 5-lanes on each side of I-84 with a level 3 bike facility from Franklin Rd. to Overland Rd. in the future. The intersection of Overland Rd. and Linder Rd. is listed in the CIP to be widened to 6-lanes on the north and south legs and 7-lanes on the east west legs and signalized between 2036 and 2040. A future traffic signal is planned in the CIP at the Linder/Overland Rd. intersection and scheduled for 2031-2035 but may be accelerated if the Linder Rd. overpass becomes a priority. For this reason, and because Overland Rd. is fully built-out, a Traffic Impact Study(TIS)was not required by ACHD with this application. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C- 6B.1 for non-residential uses in commercial districts. Parking stalls and drive-aisles should comply with the dimensions in UDC Table 11-3C-5. Pathways(UDC 11-3A-8): A 10' wide detached multi-use pathway is proposed as required within the street buffer along S. Linder Rd. in accord with the Pathways Master Plan. The pathway should be placed in a 14- foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks (UDC 11-3A-1 : Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17; detached sidewalks/pathway are required along W. Overland Rd. and S. Linder Rd.,both arterial streets. and per the guidelines in the TMISAP. In accord with the TMISAP and UDC 11-3A-17E,Staff recommends minimum 5-foot wide detached sidewalks are provided along all streets within the development. Sidewalks/pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers and should be distinguished from surrounding paving as set forth in the TMISAP (Crosswalks,pg.3-28). Parkways (UDC 11-3A-1 : Parkways are recommended along all streets within the development in accord with the TMISAP,planted with street trees and landscaping per the standards in UDC 11-313-7C. The minimum width of parkways planted with Class II trees is 8-feet; the minimum with of parkway planters for Class I and III trees is 10-feet. Planter widths for Class 11 trees may be reduced to 6-feet if root barriers are installed per the standards listed in UDC 11-3A-17E. Landscaping(UDC 11-3B): A 50-foot wide street buffer is required adjacent to 1-84; 25-foot wide buffers are required along W. Overland Rd. and S. Linder Rd., arterial streets; and a 10-foot wide buffers are required along S. Spanish Sun Way and W. Tasa St., local streets,per UDC Table I1-2B-3,landscaped per the standards listed in UDC 11-3B-7C. Street buffers with detached sidewalks are measured from back of curb. All street buffers are required to be maintained by the property owner or business owners' association per UDC 11-3B-7C.2b. Page 9 Page 239 Item#7. If residential uses abut any of the lots at the time of lot development, a minimum 25-foot wide street buffer shall be provided, landscaped per the standards in UDC 11-3B-9C. A residential use currently exists on the abutting property to the west. Landscaping is required adjacent to the pathway along S. Linder Rd. per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. There were existing trees on this site around the home that have been removed—the Applicant states these trees were diseased and trash trees that did not require mitigation. If any other trees exist on the site,mitigation may be required per the standards listed in UDC 11-313-1 OC.5. Contact the City Arborist,Matt Perkins,prior to removing any additional trees from the site to determine mitigation requirements. 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. The Applicant submitted a Geotechnical Engineeringeport for the subdivision. The preliminary plat depicts an existing ITD storm drainage facility at the northeast corner of the site that is proposed to remain. Pressure Irrigation(UDC 11-3A-15�: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the boundary of Nampa- Meridian Irrigation District;water delivery is from the Kennedy Lateral which is piped along Overland Rd. The Applicant proposes to install a pressure irrigation system along with a pump station adjacent to W. Overland Rd. Utilities (UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. An existing 12-inch water main is located within Overland Rd.with a second 12-inch water main within the Linder Rd. right-of-way. An existing 30-inch sewer main line is located within Overland Rd. Waterways(UDC 11-3A-611: The Hardin Drain is a large open waterway that lies within a 40-foot wide easement across the northeast corner of the site that is proposed to be piped with a 36-inch reinforced concrete pipe in accord with UDC 11-3A-6B.3. This project is not within the flood plain. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall chain- link fence exists around the ITD storm drainage facility which is proposed to remain. No fencing is depicted on the plan around the Kendall Ford; Staff recommends if fencing is proposed for security that it be of a higher quality than chain-link(i.e.wrought iron)—the Applicant should clarify at the hearing if fencing will be proposed and if so,what type of fencing is proposed. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the Kendall Ford site as shown in Section VII.D. Two (2) single-story structures are proposed on Lot 1,Block 1 with building materials consisting of ACM panels (i.e. aluminum composite), corrugated horizontal metal panels, CMU in two(2)different colors;metal sunscreens and canopies are proposed over some windows. Page 10 Page 240 Item#7. Overhead doors are proposed on the north, east and west sides of the building. Final design must comply with the design guidelines in the TMISAP and the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement and preliminary plat per the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on April 15,2021.At the public hearing.the Commission moved to approve the subject AZ&PP requests. 1. Summary of the Commission public hearing: a. In favor: Becky McKay,Engineering Solutions b. In opposition:None C. Commenting: None d. Written testimony: Becky McKay.Engineering Solutions in agreement with staff re ort 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 Commission. a. In favor of the location of the proposed use and site design. 4. Commission change(sl to Staff recommendation: a. None C. The Meridian City Council heard these items on June 1,2021. At the public hearing.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Shari Stiles,Engineering Solutions 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. None 4. City Council change(s)to Commission recommendation: a. Council allowed one building permit to be issued for Kendall Ford prior to recordation of the plat with the caveat that it's subject to approval by the Building Department (see condition#A.l f in Section VIIII. Page 11 Page 241 Item#7. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map Lecial Description Annexation & -G Rezone - Proposed Artemisia u�bdivisipn A<parcel being a portion of the SE`/4 of the SE 1/4 of Section 14, Township 3 North, Range 7 West, Boise Mendian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the southeast corner of said Section 14, from which an Rluminurn Cap monument marking the southrwest corner of the SE '/.of said Section 14 bears N 89'1941'W a distance of 2581.68 feet; Thence along the southerly boundary of said SE , of the SE %, also being the centerline of W. Overland Road, N 89°19'41°W a distance of 923_89 feet to a point; Thenoe leaving said centerline and southerly boundary N 3°44'19" E a distance of 1210-11 feet to point-on the Centerline of Interstate 84; Thence along Bald Centerline S ST34'327 E a distance of 921.31 feet to a point on the easterly boundary of said SE 34 of the SE '14, also being thie centerline of S- Linder Road-, The nee lean ing the centerline of said Interstate 64 and along said easterly boundary and S. Linder Road Centerline S 0`32'59" VV a distance of 1213-95 feet to the POINT OF BEGINNING. This pan>4 Contains 25.67 acres and is subject to anyeasements existing or in use. Clinton W. Hansen, PL Land Solutions, PCgpt ,P March 5, 2021 � T� d '� LrI L,r ii' blutions A'emisia Subdivaion_y„r+sxakioro Rszon� Job No.i 9-72 ��—.. 6+�aiu+4*Fb9an,![aiwnk9 P 1 �F 1 Page 12 Page 242 Item#7. CITE' OF MERIDIAN ANNEXATION & C-G REZONE PROPOSED aARTEMISIA SUBDIVISION A.POR7ION OF THESE 114 OF THESE V4 OF SECTION 14, T_3N.- R.1Vw. 13M. CITY OF MERIDIAN_ADA C{DUNTY, IDAHO ;Ii 0' 100' 209 40(Y r, 1�3T34' 1. 1" n w SITE 25.67 ACRES a 4n 1 fd 1737.7 ' 33.89` PC147 Of BEGINNING W. 143 1 23 M�s7a'4e'w 2661.68' DVERL�IhIa RD. 3 z4 aASiS OF BEARING T14 { 1 � 1 LAndSiolutions Land Surveying and Consulting / OF i � Est f SM 57 srf .a �AT- YERIDAN.to 8361: +Yw- i 12SE4S!1 !— w-Aw1wKwulw-atu 19-72 Page 13 Page 243 Item#7. B. Preliminary Plat&Phasing Plan (date: 1/27/2021) PRELIMINARY PLAT ARTEMISIA SUBDIVISION 1 RIM ■ca wu Mn,�o�xn .. 2021 -t PROJECT SITE N .' I d M I -- -��� �i %' •-,. ' I TIT 31i:I 5q} r FFi LF � 7� .. - f \ F PREL Page 14 Page 244 Item#7. C. Landscape Plan(date: 3/1/2021) LANDSCAPEN07ES_ - .............. �E ?� 7vY' i - GENERAL NOTES- f A R EA ONE = ARE MREE _� s --- - LANDSCAPECALCULATIONS I S _ A TWO ARE WR I •� 0 nOVERALL LANDSCAPE PLAN �J c o c r c xI ' x �. PLANT SCHEDULE 0== :r. ...... ....... ... . .�•: ........ ...... ......... ....................... ... .. a m i h I " .IN SO I ..Y I �w �.m WI d f ` Q± BUILDING 1 BUILDING2 I I _ I I 0 MFTCH IRE SEE SH:ET_LI iO;iK ___ HLINESE SHE r Page 15 Page 245 Item#7. r • • a ry PLANTSGFIEDMLE MATCHHE-SEE SHEET LIAG ----- ----" _ g _ HLINE-SEESHEE u w TASA STREET i � w II �I� era: — — — — --- --- --- - ---- - - Ok . v PLANT SCHEDULE RUT PS i n II li � 0 m V,LI MATCHp ESHETHETM TD — . o E, Page 16 Page 246 Item#7. o PLANT SCHEDULE i I I �f - ❑' _MPTN ESHEET L130 -�� "....._.... f MAYCH FaEESMEETL1.w TT--- T--- T T ® i 10 a L al TEN I s l £' ELEVATICGN I m I11 H SIGN-DETAIL u ---- �4'-BUC-F&ANPAL} �`TN• _ 1d l S_, 0 LANDSCAPE PLAN:AREA FOUR e © FL740 LANDSCAPE SPECIFICATIONS ti 4o i �� ....4M....w .. . �. ; a. v r.ara•v orrcre-u Wm�E� E h tin•.sr��r,.s.a _ woo���n®r,�e.� - �9e a offsaax mee rWa u�xxr�esrursrxaiac acxr �rus rvxixerxxna.cuw.ry vnw m.n xwa x� ' �_ i 0.�UGHB lEff RJWINO DELAL �CdF6iOlB liff R-AhiIYO DEf1LL _ r ni i � g!g annex of 'w. anxv uu.v�.n� � r a 0 0 0 .L20D Page 17 Page 247 Item#7. D. Conceptual Building Elevations (dated: 2/2/2021) Ft SMITH ELEVATION oav— _ ti LLI L J • W } Z vORTH ELEVATION � `�to o �� W Y 0 w va 0 ®w- — fl B FPF-— P ' EA T ELEVATION r�� u - - - - - - - -— (;)t EST ELEVATION u ... 01FNpi CCLCR ElEV0.TgN8 A.3, KENDALL OVERLAND SOUTH VIEW i Page 18 Page 248 Item#7. KENDALL OVERLAND SOUTH VIEW 1 - - SERVICE J OMMM KENDALL OVERLAND SOUTH VIEW SERVICE KENDALL OVERLAND SOUTH WEST VIEW Page 19 Page 249 Item#7. KENDALL OVERLAND C�' NORTH VIEW I '''•r'' KENDALL OVERLAND NORTH VIEW joymmm '` '-- --- KENoMu ' .N O ■_ KENDALL OVERLAND NORTH EAST VIEW I ' Page 20 Page 250 Item#7. KENDALL OVERLAND ° SOUTH EAST VIEW ff''' ' Page 21 Page 251 Item#7. E. Undated Site Plan(dated: 3/2/2021)Presented at City Council Hearing—NOT REVIEWED OR APPROVED BY PLANNING STAFF H4FF 539°3691•E 27538' OT"3V`pE 335.13' �mrvenuxmvn amxa � KLFF SWST34�y4388 LZ xsxmamummxu« d LU 1 5 ii a # # LU g B # z s - w LU w N{{ 1 a -W.TASA STREET- - r _ N 7d W338.33' """�� N399991�'w 45AU�' BASIS OF BEARING isYe W.OVEPL NO ROAD PROPOSED SITE PLAN 05-27-21 �ouEaA�E �• sRE PaAN .w A7.0 Page 22 Page 252 Item#7. 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 and the property owner(s)at the time of annexation ordinance adoption. 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. Development of the subject property shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations submitted with the annexation application contained herein. b. Prior to development of the commercial/office portion of the development,the development agreement shall be amended to include a conceptual development plan that demonstrates consistency with the land use,transportation and design elements of the Ten Mile Interchange Specific Area Plan(TMISAP), including but not limited to the following: (1) Provide minimum 6-foot wide parkways/planting strips and detached minimum 5- foot wide sidewalks along all streets within the development(Pedestrian&Bicycle System,pg. 3-27). The minimum width of parkways planted with Class II trees is 8- feet; the minimum with ofparkway planters for Class I and III trees is 10 feet. Planter widths for Class II trees may be reduced to 6-feet if root barriers are installed per the standards listed in UDC 11-3A-17E. (2) Sidewalks/pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers and shall be distinguished from surrounding paving(Crosswalks,pg. 3-28). (3) Street furnishings such as seating,newspaper racks,bollards,trash receptacles, bicycle racks and other elements important to the functioning of an effective pedestrian environment shall be provided(Street Furniture,pgs. 3-28—3-29). (4) Exterior lighting should be used to provide illumination for the security and safety of entry drives,parking, service and loading areas,pathways, courtyards and plazas, without intruding on adjacent properties. Site lighting should be architecturally compatible and consistent in design between sites. (Lighting,pg. 3-30). (5) Future development along Overland Rd. and internal local streets should incorporate street-oriented design consistent with the TMISAP for commercial developments. (6) Building orientation and setbacks should be close to the street with the main entrance of buildings oriented to the street(Street-Oriented Design,pg. 3-33). (7) A continuous unbroken frontage along required build-to lines to a minimum height of 30-feet should be constructed for at least 75%of the property frontage.Adjustments to this requirement may be allowed, such as modest setbacks to accommodate additional sidewalk space for cafe seating, or breaks in frontage for the creation of pocket parks. New Buildings at street intersections should"hold the corners"and avoid introducing additional building setbacks unless a new public space is specified. Page 23 - Page 253 Item#7. At least 40%of the linear dimension of the street level frontages shall be in windows or doorways; street level windows shall be clear or tinted visually permeable glass (mirrored or reflective glass is prohibited).Window sills shall be located no higher than 3'6"above adjacent exterior grade; headers shall be located no lower than 8'0" above adjacent exterior grade.No wall frontage shall continue uninterrupted by a window or a functional public access doorway for a linear distance of greater than 12'. The principal doorway for public entry into a building shall be from the fronting street. Corner entrances may be provided on corner lot buildings (Commercial and Mixed-Use Buildings,pg. 3-33).No parking should be placed between a building and the fronting primary or secondary street(Commercial Activity Centers,pg. 3-37). (8) The space between a building facade and the adjacent sidewalk or walkway should be appropriately landscaped with a combination of lawn,groundcover, shrubs and appropriate trees (Building Facades,pg. 3-38). (9) Low-rise buildings of 2-4 stories over much of the area is desired(Building Heights, pg. 3-38). (10) Buildings should be designed with clearly delineated bases,bodies and tops(Base, Body and Top,pg. 3-39). (11) Comply with the general recommendations for Activity Centers noted on pg. 3-40. (12) Awnings shall be provided on building facades for climate protection for pedestrians and shall extend a minimum of 5-feet from the facade of the fronting structure—8- feet is preferable in wider pedestrian environments(Awnings,pg. 3-45). (13) Signs should be designed to contribute to the overall character,identity and way finding system. The colors,materials, sizes, shapes and lighting of signs should be compatible with the architecture of the buildings and the businesses they identify (Signs,pg. 3-46). (14) High quality public art should be incorporated into the design of streetscapes,public buildings,parks,transit,infrastructure, and other public projects(Public Art,pg. 3- 47). (15) Open civic spaces should be provided in commercial activity centers/mixed use environments and should be located adjacent to an accessible from at least one primary street(3-48). c. Minimum 5-foot wide pedestrian walkways shall be provided from the perimeter sidewalks along Overland and Linder Roads to the main building entrances in accord with UDC 11-3A-19B.4a. d. Internal pedestrian walkways shall be provided between buildings within the site for pedestrian connectivity. Internal walkways shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4b. e. All future structures constructed on this site shall comply with the design guidelines in the TMISAP and the design standards in the Architectural Standards Manual. f. The final plat shall be recorded prior to issuance of building permits for any structures beyond those on the Kendall Ford site(i.e. Lot 1,Block 1). The Kendall Ford site is Page 24 Page 254 Item#7. allowed to develop and obtain building permits prior to recordation of the plat, subject to approval by the Building Department. g. Compliance with the specific use standards listed in UDC 11-4-3-38: Vehicle Sales or Rental and Service is required. h. If fencing is proposed for security around the Kendall Ford site, it shall be of a higher quality than chain-link(i.e. wrought iron). 2. The final plat shall include the following revisions: a. Include a note prohibiting direct lot access via W. Overland Rd. and S. Linder Rd. b. Include a note granting cross-access/ingress-egress easements between all lots in the subdivision in accord with UDC 11-3A-3A.2. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Include a calculations table on the plan that demonstrate compliance with the standards for street buffer(11-3B-7C),pathway(11-3B-12C)and parkway(11-3B-7C)landscaping; include required vs.provided number of trees. b. Include mitigation information for any existing trees that are removed from the site in accord with the standards listed in UDC 11-313-10C.5. Contact the City Arborist,Matt Perkins,prior to removing any trees from the site to determine mitigation requirements. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 6. A 14-foot wide public use easement for the multi-use pathway along S. Linder Rd. shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 This project has been granted permission to sewer the northern portion of the property outside of its designated sewer shed. 1.1.2 The applicant shall provide a deposit for the future construction of an 8-inch sewer main along the North portion of property. The deposit shall be 125% of the construction bid. The deposit must be provided to the City prior to signature of the final plat. 1.1.3 The applicant shall provide a sewer utility easement for the future construction of an 8-inch sewer main along the North portion of the property. The easement shall be 20-foot-wide and free from any permanent structure including buildings, fences,trees,bushes, etc. There must also be a point of access provided for future access to the main. 1.1.4 Provide a valve to the North and West side of the water tee located in the future Linder Road overpass. 2. General Conditions of Approval Page 25 Page 255 Item#7. 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 1 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 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. Page 26 Page 256 Item#7. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for 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, Page 27 Page 257 Item#7. 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.meridiancity.org/WebLink/DocView.aspx?id=224777&dbid=0&repo=MeridianC hty D. CENTRAL DISTRICT HEALTH DEPARTMENT https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=225351&dbid=0&repo=MeridianC Lty E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciN.orglWebLink/Doc View.aspx?id=225372&dbid=0&repo=MeridianC iv F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianci(y.orglWebLink/Doc View.aspx?id=226077&dbid=0&repo=MeridianC iv G. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.orgj ebLink/DocView.aspx?id=224816&dbid=0&repo=MeridianC H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=225900&dbid=0&repo=MeridianC Lu IX. FINDINGS A. Annexation and/or Rezone(UDC I 1-513-3E) 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; The City Council finds the proposed zoning map amendment to C-G and subsequent development is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of a mix of commercial/office uses which will provide for the retail and service needs of the community consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. Page 28 Page 258 Item#7. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City 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. The City Council finds the proposed annexation is in the best interest of the City. 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 plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the StaffReport for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the 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 VIII 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 29 Page 259 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement for Use of Kleiner Park for Special Event Between the City of Meridian and Soul Food Festival, Inc. for Soul Food Festival on August 7, 2021 Page 260 Item#8. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: July 20, 2021 Presenter: Bill Nary Estimated Time: .5 minutes Topic: Agreement for Use of Kleiner Park For Special Event: Boise Soul Food Festival on August 7, 2021 Recommended Council Action: Authorize the Mayor's signature to allow the City to enter into this agreement with Soul Food Festival, Inc. Background: For large-scale special events, Meridian City Code section 3-4-5(F)(3)(b) requires a mutually negotiated and agreed upon special event agreement between the City and the event organizer to establish the terms and conditions of City services and property to be used for the event, including estimated payment due. This agreement establishes terms and conditions of the event organizer's use of Kleiner Park and Meridian Parks and Recreation Department staff services for this event. Page 261 AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT This Agreement for Use of Kleiner Park For Special Event (hereinafter"Agreement") is made this loth day of July , 2021 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Soul Food Festival, Inc., a non-profit corporation organized under the laws of the State of Idaho (hereinafter"Organizer"). WHEREAS, City and Organizer are mutually interested in enhancing the Meridian community's quality of life by providing and supporting special event opportunities for members of the Meridian and greater communities; WHEREAS, City and Organizer recognize that publicly-held facilities are resources requiring heightened stewardship and protection; WHEREAS, Organizer has agreed to be responsible for any costs incurred by City in the course of the large-scale special event hosted by Organizer at Julius M. Kleiner Memorial Park ("Park"), located at 1900 N. Records Avenue, in Meridian, Idaho, on August 7, 2021, from 11:00 a.m. to 8:00 p.m.; and WHEREAS,the Meridian City Council finds that it is fiscally responsible and in the best interest of the community to enter into a contractual agreement establishing the terms and conditions of Organizer's use of Park; NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Organizer agree as follows: I.PERMISSION GRANTED. Subject to the terms and conditions set forth herein, City hereby grants to Organizer permission to utilize Park at the time, place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-21-0036 for a large-scale special event known as "Boise Soul Food Festival" ("Event"). II.OBLIGATIONS OF ORGANIZER. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where Organizer's use of Park and Park facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same, Organizer shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in compliance with all laws and with City's policies regarding use of City parks and/or AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE I page 262 Item#8. facilities, including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks and Recreation Department. B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer shall separately obtain and comply with each and all of the following permits, as required by law: 1. City of Meridian Temporary Use Permit for Large Scale Special Event; 2. Any and all applicable licenses, permits, inspections, and/or certifications from the Ada County Highway District; 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department; 4. Any and all reservations, permits, and inspections required by the Meridian Parks and Recreation Department. C. Fees, costs. By noon (12:00 p.m.) on Friday, July 23, 2021, Organizer shall remit to City two thousand seventy dollars ($2,070.00), which amount includes: $1,590.00 Fee for reserving Park on August 7, 2021 $ 480.00 Fee for Meridian Parks and Recreation personnel to provide facility maintenance and janitorial services Park on August 7, 2021, from 9:00 a.m.to 9:00 p.m. (4 staff @ $20/hour x 8 staff hours) $ 2,070.00 Total due by noon (12:00 p.m.) on Friday,July 23,2021 If additional staffing or extended hours are required for the protection of public safety or maintenance of Park, Organizer shall reimburse City for all staffing costs within fourteen (14) days of City's invoice for such costs. If Organizer fails to timely reimburse City pursuant to such invoice, the City may decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. D. Time and place. The permission extended under this Agreement shall apply to the areas of Park detailed on the event site plan approved by City under City of Meridian Temporary Use Permit no. TUP-21-0036, from 9:00 a.m. to 9:00 p.m. on August 7, 2021. Pursuant to City Code, Park shall be closed between dusk and dawn. E. Manner. The permission extended under this Agreement shall be subject to all terms and conditions as set forth in this Agreement, in City of Meridian Temporary Use Permit no. TUP-21-0036, and in any applicable laws and policies, including, without limitation, the Meridian Parks and Recreation Event Planners' Handbook. Such terms and conditions shall include, but shall not be limited to, the following: l. The public must have general access to all areas of Park at all times during the event, so long as such access does not unduly interfere with Organizer's use of Park for Event. 2. Driving or parking vehicles on non-designated driving or parking surfaces shall be prohibited, except at the direction of Meridian Parks & Recreation Department staff. Further, Organizer or Organizer's designee may operate one (1) golf cart at Park during AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 2 page 263 Item#8. event, so long as such operation may be undertaken safely, and so long as the driver of such golf cart is eighteen years of age or older and holds a valid driver's license. 3. Where activities or equipment related to Event damage or destroy turf, landscaping, sprinklers, or other Park infrastructure or facilities, or otherwise require City to incur additional expenses, Organizer shall reimburse City for all costs of repair, replacement, or expense within fourteen (14) days of City's invoice for such costs. 4. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities. 5. No smoking shall be allowed in Park, except in designated parking areas. 6. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the conclusion of Event, and may not be disposed of at Park. 7. Organizer is authorized to post signs for the purpose of identifying, promoting, advertising, or directing patrons to Event as represented and approved in City of Meridian Temporary Use Permit no. TUP-21-0036. Organizer acknowledges that the permission extended by City under this Agreement to post signs shall extend only to the locations approved in City of Meridian Temporary Use Permit no. TUP-21-0036, and that it is unlawful to post a sign identifying, promoting, advertising, or directing patrons to Event without the permission of the owner of such property. Organizer shall remove all signs identifying, promoting, advertising, or directing patrons to Event by noon on August 8, 2021. 8. Organizer shall provide an adequate number of volunteers to staff the event area, designated parking areas, the crosswalks between the Meridian Village and the Park, and the temporary crosswalk between the designated parking area on Records Road and the Park. 9. Organizer shall provide a medical services station at Event. Such station shall be staffed by at least two (2)personnel trained and certified to provide first aid. Such station shall be clearly marked and accessible to all Event participants. 10. Organizer shall provide and install temporary "no parking" signs adequate to prevent parking in the bike lanes on Records Road. F. Insurance. As required by Meridian City Code, Organizer shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organizer, Organizer's employees, and Organizer's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Event, including Event set-up and tear-down. Such insurance shall name City as an additionally insured party, and shall afford at least one million dollars ($1,000,000.00) per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury, and one million dollars ($1,000,000.00) per occurrence property damage. The limits of insurance AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 3 page 264 Item#8. shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. G. Primary Source of Contact for Organizer. Organizer shall provide City the name, e-mail address, and telephone number of specific Organizer personnel (hereinafter"Organizer Contact") who shall serve as Organizer's primary contact between Organizer and City for all day-to-day matters regarding set-up, operation, and clean-up of Park. Organizer Contact for Event shall be: Organizer Contact: Trish Walker E-mail: trishjwalk@boisesoulfood.org Phone: 208-921-6407 III.OBLIGATIONS OF CITY. A. Facility operation. Except as otherwise set forth herein, City shall provide general maintenance, mowing, irrigation, and custodial services with regard to Park facilities, infrastructure, and vegetation. City shall provide all necessary utilities and services to Park facilities, including, but not limited to, electricity, potable water, sewage service, and/or typical waste and refuse removal. City shall cause the repair and/or replacement of any and all Park facilities, infrastructure, and/or vegetation that are physically damaged by acts of nature. To the extent that the cause of damage is attributable to Event activities, Organizer shall be responsible for the cost of repair or replacement. B. Primary Source of Contact for City. City shall provide Organizer the name, e-mail address, and telephone number of specific City personnel (hereinafter"City Contact") who shall serve as City's primary contact between City and Organizer for all day-to-day matters regarding set-up, operation, and clean-up of Park. City Contact for Event shall be: City Contact: Garrett White, Recreation Manager Meridian Parks and Recreation Department E-mail: gwhite@meridiancity.org Phone: 208-888-3579 IV.GENERAL PROVISIONS. A. Notice. Communication between Organizer Contact and City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other 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: City: Organizer: City of Meridian Soul Food Festival, Inc. Attn: City Clerk P.O. Box 45544 AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 4 page 265 Item#8. 33 E. Broadway Avenue Boise, Idaho 83711 Meridian, Idaho 83642 B. Public park. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to allow the use of Park, and close all or any portion of Park, for any and all purposes and under any and all conditions. C. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement shall include neither the right to exclude any law-abiding person from Park where such person is not interfering with Organizer's use thereof, nor the right to interfere with any person's concurrent, lawful use of Park where such concurrent use does not conflict or interfere with Organizer's use. At all times Organizer shall be on an equal footing with the general public regarding its use of Park. Organizer shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. D. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. E. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Park. F. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. G. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date of this Agreement and throughout the course of Event and all related activities. H. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. I. 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 AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 5 page 266 Item#8. granted, to court costs and reasonable attorneys' 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. J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. K. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing twenty-four(24)hours notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four (24) hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e- mailing of notice of termination. L. Breach. Any act or omission by either party which breaches any term of this Agreement may provide grounds for termination. In the event of breach, the City may also decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. M. Construction and 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. N. 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. O. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. P. Approval required. This Agreement shall not become effective or binding until approved by both Organizer and by Meridian City Council. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 6 page 267 Approval required. This Agreement shall not become effective or binding until approved Item#s. by bath Or and by Meridian City Council. 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. ORGANIZER: BY Shari Baber, President Boise Soul Food Festival CITY OF i1ERIDIAN: Attest: BY: Robert E_ Sirnison, Mayor 7220-2021 Chris Johnson. City Clem 7-20-2021 AGREEMENT FOR t.SF OF K1�1tiFR PARK FOR SPE 1:`l3.. NTNT PA(-,v.-7 OF 7 Page 268 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Service Agreement Between the City of Meridian and Nicole Goggins for Artwork for 2021 Traffic Box Community Art Project Page 269 Item#9. PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 20thday of July , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Dan or Nicole Goggins, ("Contractor"), an individual person and parent or legal guardian of Autumn Goggins, a minor child("Artist"). WHEREAS,the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS,Mayor Robert E. Simison selected a piece of art created by Artist entitled"Going to the Sky," as depicted in Exhibit A hereto ("Artwork"), to become an installation as part of the Project; and WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof,be cropped,resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE page 270 Item#9. expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II.TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE page 271 Item#9. party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. CONTACTOR: ARTIST: Dan or Nicole Goggins Autumn Goggins Parent or Guardian of Autumn Goggins CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 7-20-2021 Chris Johnson, City Clerk 7-20-2021 PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE page 272 r .. _ • Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Task Order Between City of Meridian and Ben Konkol for Mural Installation at Meridian Cycles Page 274 Item#10. TASK ORDER FOR MURAL INSTALLATION This TASK ORDER FOR MURAL INSTALLATION ("Task Order") is made this 20th day of July , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ben Konkol ("Artist"), whose address is 916 %2 N 12th Street, Boise, ID 83709. WHEREAS, on January 19, 2021, Artist and City entered into a Master Agreement for Professional Services:Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals,pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City and Team MC, LLC ("Owner")have entered into a Public Art Easement Agreement,by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at 1203 N Main Street, in Meridian, Ada County parcel no. R6129020215 ("Property"); specifically, on the north-facing exterior wall of the building located at Property; WHEREAS,Artist has created a mural design that will establish a sense of place and local identity in downtown Meridian, and beautify public spaces, and Owner wishes to invite Artist to install the mural, as designed, on the north-facing exterior wall of the building located at Property, pursuant to the Public Art Easement Agreement entered into by Owners and City; 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. SCOPE OF SERVICES. Artist shall install, on the north-facing exterior wall of the building located at Property, a large-scale, painted mural installation as depicted in Exhibit A hereto ("Mural"). Artwork design, fabrication, and installation, and Site Restoration shall comply in all respects with the REP, with this agreement, with any applicable established industry standards, engineering standards, and with all established policies and ordinances of the City of Meridian. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Agreement shall be two thousand dollars ($2,000.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE I of 4 page 275 Item#10. sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Timeline: $1,000.00 shall be due to Artist within thirty(30) days of Artist's delivery of a detailed timeline for installation of the Mural, describing the estimated date of completion of each phase of the installation process. 2. Final Completion: $1,000.00 shall be due to Artist within thirty(30) days of upon Final Completion, which shall be defined as: a. Complete installation of the completed Mural, as confirmed by City and Owner; b. Final inspection and written approval of the installation of the Mural by City and Owner; c. Artist's submission to City of a recommended maintenance plan for the Mural; and d. Execution of a mutually agreed-upon acceptance agreement, to be prepared by the City Attorney's Office, to include affirmation of Artist's indemnification of City and express waiver of Artist's right, title, or interest in the Mural. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. by August 12, 2021: Artist shall deliver to City a detailed timeline for installation of the Mural. 2. By 5:00 p.m. by September 30, 2021: Artist shall deliver to City: a. Completely installed Mural, as defined herein and as approved in writing by City and Owner; b. Written recommended maintenance plan for the Mural; and c. Signed acceptance agreement. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. III.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Owner's and City's designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval under this Agreement. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE 2 of 4 page 276 Item#10. Paul McKenna, Member Team MC, LLC meridiancycles@gmail.com 2. City: Audrey Belnap, Arts and Culture Coordinator City of Meridian abelnap@meridiancity.org C. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: Ben Konkol CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 7-20-2021 Chris Johnson, City Clerk 7-20-2021 PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE 3 of 4 page 277 Item#10. EXHIBIT A MURAL DESIGN CONCEPT A— IN r PROFESSIONAL SERVICES TASK ORDER—MURAL INSTALLATION PAGE 4 of 4 Page 278 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report -June 2021 Page 279 Item#11. CITY of MERIDIAN FINANCE REPORT June 2021 - FY21 Report PAGE # Investment Graphs 2 Fund Balance 3 auixU+ � �■ rl•r�rltl� � � --- II Ff I T h TT ?� — f0 �1117r_I::�if-llhk:311 � ���� o• `.N � ';�� ; ��. I/_1111/111111111/1/-111t.:. 111.11111111...:1: 111111111 Page 280 F:\Monthly Reports\Finance Reports\FY2021\FY21-09 Jun Council Report 1 of 3 Item#11. C�,WE IDIAN�- As of June 30, 2021 1 6 A H 0 City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE POOL IDAHO BOND FUNDmom= 1.38% CASH 0.00% FIB 0.21% ■FIB MoneyMarket$1,647,058 -Cash$4,425,575 MONEYMARKET ■Idaho Bond Fund$71,136,597 ■Idaho State Pool$103,098,855 0— City of Meridian Interest/Investment I ncome City of Meridian Cash/I nvestments Balance by Major Fund by Major Fund $450,000 $400,000 $120,000,000 $350,000 $100,000,000 $300,000 $250,000 $80,000,000 $200,000 $60,000,000 $150,000 $100,000 $40,000,000 $50,000 $20,000,000 $0 General Enterprise General Fund Enterprise Fund ■Total Budget ■Actual YFD ■FY21 ■FY20 Page 281 F:\Monthly Reports\Finance Reports\FY2021\FY21-09 Jun Council Report 2 of 3 is Item#11. Ci�E IDIAN*-- IDAHO June 2021-FY21 GENERAL FUND BALANCE ALLOCATIONS $100,000,000 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $- 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 ■Nonspendable ■Restricted ■Committed ■Assigned ■Unassigned ■Reserves ENTERPRISE FUND BALANCE ALLOCATIONS $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 ■Assigned ■Unassigned ■Reserves Page 282 F:\Monthly Reports\Fnance Reports\FY2021\FY21-09 Jun Council Report 3 of 3 Fund Balance Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Department: Fiscal Year 2021 Budget Amendment in the Amount of $40,817.00 for One Additional FTE Firefighter Page 283 V 00 x x N x N � 6 O d LL C w r E N O E N ¢ L LO rn � m N Q N O Q r } N `% ° z° z _ O o f 0 rl 00 1 N N N °o LL �j A N Ln � c H/ 0 4, N } ; rn v W a s ii i.i u u u � o Q c LL = U au ac 2 `� o O C seo E U) co H••1 Q aco a` E oiz Y Q > c N > V w 10 w ai LL `o J N ++ o E E Z w o Gl a m p 6 m :E z i L L = v z z E O Cr C C - U)LL 'c Q w w o 70 b m E E -O L 41 C w O /�� Q O o 0 0 0 0 L O O O O O m O o 0 0 N n o 00 W Vl a-I lD O O c N O c O O M Vl N vl N r4 N e-I a-I 000 0 0 O 00 O N O In N V 00 N N N N OD C 0 V N b-OY m N u '— _0 v E 0 £ v O C O Q�O� acEu ` YF 0 .0 uat oo -c 0 a 46 > Lu O O O O m O O O O O O O m Lm 00 m - w O N O O M Ln LnV1Ln E N N Q lRQ + LL 00 � j '* N + N ^ ° Q a41 Q QN 0 Q 0) u Q co p N M 00 Il l0 n O O O O m V1 O O O M 0) N 1- M w O O O O Ln 1!f O O N O, � u1 n m O O O Ln 00 M O O N N n E M N -zt O 00 00 r ei � i N H w H F c O LL V1 > c w w m O ~ �_ - C (J v 3 -O a Cc ° O c w c o 'L w w m u w w ,u C C > \ x flCL C 7 ° �j w 00 0 w m 3 c y H C 'CT' Y aci O w m m w n w �. c c °: v 'Q N w E, o \ y u ~ O w a"i O- C C C Y m G O O Y U u c c o o N O E 3 a m c a no ~ ~ ^ a a ? w E o na E c w a ' ° F LL 3 °- w o c c v v c a 2 w O. c v c0 E u�Vi O C vLVi C C w Q w0. +\w+ Y a) '� '� C w \ w c 'O0 O .- 0 w vwi O v�Vi E vLVi w mw w w K x x a a m .>_ '° 'n a °. c F w ° w 00 w ¢ 'v^ N 0 x X. N w w o o aci w w w ie y H a Y w O_ 0 V 0 st E E > xt w " > m m m E y c o > > x xt xt \ w w 0 Y \ w w O t t \\ O_ O O w b0 O w w w v\i -° w (7 m a`) : ¢ o a (7 w '5 ° m m '� E i E q u n > > > w uui (7 n (7 H > ) U w E O E O O U u 6 � > > ns E 12 2 � � O m a 0 7 LL a ? w O U 0 0 0 0 0 0 0 0 0 0 o o o 0 o 0 o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a d a d E `° (L c 0 W O V ti N M M yx O O M O O ti .ti O 'ItV O ti 0 0 N M � a-i O O yx o "EO J O O c-I O N N N N J O O .--I O O O O O o 0 M 0 . O O O O O O O J O C \ N N N M O O O O \ M -It O M M M M O - - .-I M Tr N N N N e-I Tr M \ l0 \ w Vr c-I .--I ci .--I N N N N Vr .-i c-I N N N N N V V � Ln N n n n n O M M Ur V Vr m Q d it w m y 0 0 0 0 O O O O r'�' O O .� O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 jd 0 0 0 N hCL N N N N N N N N N N N N N N N N N N N N N N N N N N N W •� N N N N N N N N N N dO D N N N N N N N N k Q N N N N N N N N N N N N N N N N N N N c-I O N N N N N N O N N N } U W } LL o00 c �+ 7 ti ti ti ti ti ti ti ti L - - - - - - - - - - - - - - - - - - - ti 4� o 0 0 0 0 0 0 o y o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c o 0 0 0 0 0 o 0 o a LL LL LL LL Item#13. :01 PM City of Meridian FY2021 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Fire Funding 2021 2022 2023 2024 2025 Title: Additional Firefighter Personnel $ 17,937 $ 107,621 $ 107,621 $ 107,621 $ 107,621 instructions for Submitting Budget Amendments: Operating $ 14,880 $ 4,525 $ 4,525 $ 4,525 $ 4,525 D Department will send Amendment with Directors signature to Finance(Budget Analyst)for reoiew Capital $ 8,000 D Finance will send Amendment to Council Liaison for signature Total $ - $ 40,817 $ 112,146 $ 112,146 $ 112,146 $ 112,146 D council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 489,402 D MayorwiilsendsignedArn—d—ttnFir.—c BndgetAnalysti Evaluation Questions ➢ Finance(Fin dget Analyst)will send appro dcopyofAmendmenttoDepartment Please answer all Evaluation Questions using the financial data referenced above. D Department will add mpyotAmencimenttocoundi Agenda using No Agenda Manager 1. Describe what is being requested? _ Authorize overstaffing of 1 entry level paramedic firefighter.Due to know upcoming retirement and current indivuduals out on extended leave which is causing additional significant overtime to fill these vacancies 2. Why was this budget request not submitted during the current fiscal year budget cycle? The extended injuries were not foreseeable.The compounded effect of both retirement and injuries are propmpting this amendment 3. What is the explanation for not submitting this budget request during the next fiscal vear budget c cle? We would like to address this before the upcoming year. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. General Fund 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No) Miri 8.Is the amendment going to result in the disposal of an asset? Yes or No 9.Any additional comments? Total Amendment Request $ 40,817 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 285 City of Meridian FY2020 Budget Amendment Form F:\BUDGET\FY2021\FY2021 Budget Amendment Form.xlsx Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Approval of Fiscal Year 2021 Amended Revenues and Expenditures in the Amount of$133,440,148.00 Page 286 Item#14. OV, IDIAN Interoffice Memo 07/20/2021 To: Mayor & City Council From: Budget Manager, Brad Purser Ref: FY2022 Tentative Budget and FY2021 Amended Budget Action Needed: 1. Council to approve the amended revenues and expenditures for Fiscal Year 2021. $133,440,148 One Hundred Thirty-Three Million, Four Hundred Forty Thousand, One Hundred Forty-Eight Dollars 2. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2022. $191,698,966 One Hundred Ninety-One Million, Six Hundred Ninety-Eight Thousand, Nine Hundred Sixty-Six Dollars 3. Council elects to reserve all foregone revenue associated to the FY2022 budget in order to utilize that amount in subsequent years. $454,885 Four Hundred Fifty-four Thousand, Eight Hundred Eighty-Five Dollars Page 287 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Tentative Approval of Fiscal Year 2022 Proposed Revenues and Expenditures in the Amount of$191,686,966.00 Page 288 Item#15. OV, IDIAN Interoffice Memo 07/20/2021 To: Mayor & City Council From: Budget Manager, Brad Purser Ref: FY2022 Tentative Budget and FY2021 Amended Budget Action Needed: 1. Council to approve the amended revenues and expenditures for Fiscal Year 2021. $133,440,148 One Hundred Thirty-Three Million, Four Hundred Forty Thousand, One Hundred Forty-Eight Dollars 2. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2022. $191,698,966 One Hundred Ninety-One Million, Six Hundred Ninety-Eight Thousand, Nine Hundred Sixty-Six Dollars 3. Council elects to reserve all foregone revenue associated to the FY2022 budget in order to utilize that amount in subsequent years. $454,885 Four Hundred Fifty-four Thousand, Eight Hundred Eighty-Five Dollars Page 289 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Approval to Reserve All Foregone Revenue Associated to the Fiscal Year 2022 Budget in the Amount of$454,885.00 in Order to Utilize that Amount in Subsequent Years Page 290 Item#16. OV, IDIAN Interoffice Memo 07/20/2021 To: Mayor & City Council From: Budget Manager, Brad Purser Ref: FY2022 Tentative Budget and FY2021 Amended Budget Action Needed: 1. Council to approve the amended revenues and expenditures for Fiscal Year 2021. $133,440,148 One Hundred Thirty-Three Million, Four Hundred Forty Thousand, One Hundred Forty-Eight Dollars 2. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2022. $191,698,966 One Hundred Ninety-One Million, Six Hundred Ninety-Eight Thousand, Nine Hundred Sixty-Six Dollars 3. Council elects to reserve all foregone revenue associated to the FY2022 budget in order to utilize that amount in subsequent years. $454,885 Four Hundred Fifty-four Thousand, Eight Hundred Eighty-Five Dollars Page 291 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Department and Police Department: Construction and Design Discussion for Fire and Police Stations Page 292 Item#17. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Dept Meeting Date: July 20, 2021 Presenter: Chief Blume, Dep Ch Butterfield and ESI Estimated Time: 20-minutes Topic: Construction and Design Discussion for Fire & Police Stations Recommended Council Action: • Construction and design discussion for Fire& Police Stations. o Presenter: Engineered Structures, Inc. o ESI will have 5-10min presentation,then answer Council questions pertaining to Construction on the Fire and Police Stations. o Rice Fergus Miller will be at meeting virtually to answer any design questions Both Fire and Police Department representation will be at meeting as well. Background: [Provide context and reasoning for the recommendation] Page 293 M1 rr ., Y f1 '' I" I V - 'CALATION MARK T -7 July 20, 2021t ENGINEERED STRUCTURES INC. (ESI) It 1 • - � 11 by 1 � r'y LC Q I ' � d •-` � E� 1 �� Fi����l�! _:Y- a ,�a rJ;7��� l• r�j0 ��rQ flx � S5 TyS. �6 INTRODUCTION 4' priceMarket result increases . re . of . perfect 1 tsd �p,_ 9Q py5 ° • global Pandemic, extreme e eweather across e e • States, shifts in product demand thatUfa, created . ripple of socio-economic industries.factors and labor shortages across Z MOO NATIONAL IMPACT Factors Influencing Material `a Price Increases Globally COVID-19 Pandemic T 4 Supply Chains s • Extreme Weather Conditions 4 I I Source:AGC The Construction Association E51 PANDEMIC INFLUENCE Impact on Industry • Shortages Creating Major Delays • Monthly Job costs Increase For Risk Mitigation • Shift In Product Demand 1' E51 FactorsLOCAL IMPACT Price Increases Locally Exceptional State Growth \ . of Labor COVID-19 Outbreaks On Job Sites Local . • es Increase In Residential Source:AGC The Construction May 2021 Compared To 2020 . . . . 5 [NOD LABOR IMPACT « The COVID-19 pandemic caused a shift in attitudes toward alternative I0A education options and resulted in increased positive attitudes toward trade school, positioning rental and construction businesses to show offir � - �. : the career growth potential in their =- industries and the abundantdA '� } opportunities to experiment with t� pp p new technologies. - rW1 -For Construction Pros � � 0 Labor Impac Global Scale Highest level of - • Non-Essential Work: Mandated shut downs unemployment since j for manufacturing and factory work. Great Depression • Current Market: Return to work remains Local Level unbalanced 0 Extended unemployment pay increases and • Supply Chain Factors: Manufacturing is stimulus checks — an incentive to stay home struggling to operate at pre- pandemic • Low to high unemployment (Local) capacity; demand halted, and then jumped • High-risk family members back to full speed. Idaho has recently suspended participation in federal pandemic unemployment programs E51 J LUMBER == � s % !! Once COVID-19 emerged, labor shorts '" �� ` g shortages � - � s- cut production even further, making the �y lumber market incredibly sensitive to demand shocks. The U.S. government has since reduced its tariffs on Canadian r lumber, but these measures appear to be a an example of too little, too late. -Visual Capitalist � � 0 s50 OVER THE LAST YEAR. ._ the price Qi Iaraber Increased 377w. `° Srngie Family WB p6nyYFfe ihB ni,mper of hpmBg • 11e1 could bo Boui with$WOGO Unit I u AvGl period) WORTH OF worth of lumber,hack then and now_ 2,9lMSgltlref"1 Lumber June 2018 June 2019 June 2020 June 2021 0,63bdhIsR ax 2021 I� MAY 05 IU . 7/16" OSB $14.08 $7.20 $11.04 $60.16 SiingleFamlly Units i 327% Increase 4f 2020 ! s I 1�hfl:' 10 23 • Price Per period) Single family Units June 2018 June 2019 June 2020 June 2021 3/4" OSB $22.02 $14.30 $15.71 $74.08 VISUAL ' CAPITALIST MWaLaptL-Ast ,� o 236% Increase Source: World Population Review • E51 Information-LUMBER CASE STUDY Project $10,000,000 ._ .- $9,000,000 $8,000,000 Total GSF: Heated 292,877sgy - $7,000,000 $5,000,000 Buildings: 10 $3,094- 602� $3,000,000 _ Total Units: 272 + =$2,356;24i $2.741,709 , - ` $2,000,000 _ . . _ $1,000,000 ' _ - Or, _ ... Jun - '18 Jun - '19 Jun --.'20 dun Wood Framed Project � 51 1 � "lit STEEL « Few other industries, however, intersect with so many other industries as does r � ir, steel—it underpins everything from t :; automotive to infrastructure from making machines to constructing high- _ == rise buildings. As a result, impacts on the - - Aft steel industry have a wide and long e Th nT W ripple effect. » n. ti n �� F, -Industry Week GOD i \ �a Steel Cost per 100#'s (4 year period) June 2018 June 2019 June 2020 June 2021 -Beam 6" Deep 12.5lbs/If $54.13 $56.78 $58.05 $87.08 61 % Increase Wide Flange 8" 52.03 52.28 53.61 80.43 Deep — 311bs/If 55% Increase E51 STEEL CASE STUDY $1,600,000 $1,4001000 $11392,000 - Project Information $1,200,000 $1,000,000 $968,251 $973,801 Total GSF: 52,421 square feet $800,000 $928,000 $600,000 Number of Stories: 2 $400,000 $200,000 Steel Framed Project E51 CONCRETE - _ raw U.S. Steel prices are 68% higher than the global market rice and almost -' . g p � - double China's, even with prices in both China and Europe up over 80% from their pandemic-induced lows. The price - - gap is so wide that even with a 25% 7 `-y - tariff, it would be cheaper to import 5 7 than buy from domestic mills. Thepoor United States imported 18% of it's steel II � 5� .�. 'tom � �� •�f *`. needs last year. -Reuters GOD Concrete Case Study " $945'099 Project Information � pOf fd b 1 "�t r Ng 9301 r � N Total GSF: 52 421 square feet ?= N-c r ' �1 ct " ;�11 r f r rkJ✓'f rx�,`'-r a a' °,�.' �sf $89�,977 tit Number of Stories: 2 f JUNE - '18 JUNE - '19 14JNE - '20 JUNf - '21 Sample Concrete Project E51 - I Concrete Materials Increase (4 year period) ��� -- U. June iJune 2019 June 2020 June 2021 i Total • •st C -3- _I I ��I - �1� i� � ii I _ it I� � I+ I� � � i�� � i � +• + r � I • • • • • � 1 16 � 59 0 1" LOOKING AHEAD While there is no magic solution for - E : current market obstacles, there are ways to we can work to mitigate impact to y r = II I projects. I Is Cr-M9 0 somewhereTake me - - - - - $Soo worth of lumber in �� 15... C�NSTf� �r ti Y .� ►" -r li $80� wort�l of lumber in ZQ� Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Valley Regional Transit Fiscal Year 2022 Funding Request Page 294 Item#18. E IDIAN:--- IDAHG-. C� MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Miranda Carson, Comprehensive Associate Coordination Planner Date: July 20, 2021 Presenter: Stephen Hunt,Valley Regional Transit Estimated Time: 15 minutes Topic: Valley Regional Transit Fiscal Year 2022 Funding Request Valley Regional Transit (VRT) sent the attached funding request for the 2022 Fiscal Year. Due to a change in forecasted directly generated revenue, the request is higher than what was anticipated. VRT also included the attached supplemental information to describe the impacts of this change in more detail. Additional information was requested and VRT was invited to discuss the request with Council. Stephen Hunt will be in attendance to provide clarification and updates on VRT's budget. P Page 295 Item#18. valleyreg i ona Itransit May 28, 2021 City of Meridian 33 East Broadway Ave. Meridian, ID 83642 Attention: Todd Lavoie, Chief Financial Officer SUBJECT: Valley Regional Transit FY2O22 Funding Request Dear Mr. Lavoie, The following table outlines funding requests for the City of Meridian for FY2O22. Page two provides a description each type of funding request. This information has been updated since our presentation to the Meridian City Council last month because the directly generated revenue forecasts were lowered. The effects of COVID- 19 have been more long lasting than we anticipated requiring us to reduce our directly generated revenue assumptions for FY2O22 by approximately $471,000 In Ada County. We distributed this shortfall among our funding partners per the Cost Allocation Model, resulting in an increase of approximately $18,000 for the Meridian Service Assessment compared to what was presented in May. This change was presented at the June Executive Board meeting and the attached supplemental document provides more detail on this issue. Until our budgets are complete, the information provided is based on preliminary budget proposals. Through the budget process, requests may vary in response to changes in projected expenses, revenue assumptions, and further discussions with your staff and elected officials. Type Amount General Assessment (calculated by regional share of the population) $ 67,052 Service Assessment (calculated by share of miles serving your $ 367,531 jurisdiction) Capital Assessment (calculated by share of miles serving your $ 9,068 jurisdiction) Special Assessment (Negotiated) $ 170,000 Total Request $ 613,651 700 NE 2nd Street,Suite 100 • Meridian,ID 83642 • p:208.846.8547 • f:208.846.8564 1.855.345.7433 Page 296 Item#18. Description of funding types in the request tables. • General Assessments support regional overhead expenses (administration, finance, communications, etc.) • Service Assessments support service operations and associated paratransit, preventive maintenance, planning and administration. • Capital Assessments support capital procurement, design or construction projects for asset maintenance or enhancements • Special Assessments are requested to support activities, programs or projects outside of the typical assessments (specialized transportation programs, planning projects, etc.) Financial Assumptions Through the Coronavirus Aid, Relief& Economic Security Act (CARES), Coronavirus Response and Relief Supplemental (CRSSA), and American Rescue Plan Act (ARPA), the Federal Government has provided resources to Valley Regional Transit (VRT) and other transit agencies across the country to mitigate the financial disruptions of the COVID-19 crisis. The VRT Board is committed to making sure existing and future resources are used in alignment with the strategic direction and priorities adopted by the VRT Board of Directors: • Direct Response: fund existing administration, operations and respond to the direct impacts of the crisis, including health, sanitation, marketing, and loss of revenue • Resiliency: invest in systems and infrastructure that secures the safety of the traveling public and ensure the agency can respond and recover to disruptions • Strategic Direction: continue as much as possible the strategic investments identified in local and regional plans VRT has used the local cost allocation model to determine the local contributions necessary to maintain existing and planned services in FY2022. For comparison a Baseline request has been provided which assumes typical revenue streams, as well as a Proposed request which leverages federal relief funding. This allows VRT to remain transparent in our allocation process, and work toward sustainable funding levels. Type Baseline Proposed General Assessment $ 67,052 $ 67,052 Service Assessment $ 486,683 $ 367,531 Capital Assessment $ 9,068 $ 9,068 Special Assessment $ 170,000 $ 170,000 Total Request $ 732,803 $ 613,651 The attached supplemental document provides supporting data for the funding request. • Fixed Route &Special Services Summary describes the services the requested contributions will support. • FY2022 Preliminary Budget Summary outlines projected expenses, revenue sources, and local contribution requests both before and after the change in forecasted directly generated revenues. Page 297 Item#18. • Ridership Review outlines ridership trends of supported services. Should you have any questions or require additional information please feel free to contact me at (208) 258-2701 or shunt@valleyregionaltransit.org. Thank you for your continued support of Valley Regional Transit. Sincerely, IA44� Stephen Hunt Development Director Valley Regional Transit Cc: Councilman Luke Cavener - VRT Board Member- Icavener@meridiancity.org Miranda Carson - Associate Planner, City of Meridian - mcarson@meridiancity.org Jill Reyes - VRT Programming Planner - jreyes@valleyregionaltransit.org Jason Jedry - VRT Controller - jjedry@valleyregionaltransit.org Page 298 Item#18. va lleyreg i ona ltra nsit Valley Regional Transit FY2022 Supplemental Fixed Route Services Figure 1 below shows the proposed routes and stops in Meridian for FY2022. Figure 1:Map of Proposed FY2022 Fixed Route Services in Meridian Js k Rd Kleiner Park — tl vowntown Meridian nklln Rd Ten Mile Crossing d'& Ten Mlle Park&Ride #dw �2HaPPY oaym Towne Square Mall � ampylMertllan Expes Gry of Merldlan Currently, Meridian is served by two intercountry routes; • 40 Nampa/Meridian Express which runs Monday through Friday during the rush hour with stops in Meridian along Overland Road • 42 Happy Day to Towne Square Mall which makes eight trips throughout the day every Monday through Friday, connecting Caldwell, Nampa, Meridian and Boise. Starting October 1st of 2021 Meridian will also be served by the 30 Pine. This service will connect Ten Mile Crossing, Downtown Meridian, the Scentsy and Blue Cross of Idaho campuses and Kleiner Park. VRT is currently planning the roll-out and marketing of this new service and will coordinate with City of Meridian on opportunities to increase public awareness of this new service. For example are working on getting a bus in the Meridian Dairy Days parade, reaching out to residential and commercial developers at Ten Mile Crossing, Downtown Meridian, and Kleiner Park, Scentsy and Blue Cross of Idaho to promote the services and market it to their residents and employees. 1 Page 299 Item#18. valleyreg i ona Itransit Specialized Services In addition to the fixed route services in Meridian, VRT provides support to three other specialized transportation options. Those are; • Harvest Transit which provides free transportation for seniors, persons with disabilities and veterans from 9 a.m. to 3 p.m. Monday through Saturday within a designated service area in Meridian. • Rides2Wellness which provides shared-ride transportation to participating medical appointments. Rides must be scheduled 2 days in advance. • Meridian Veterans Shuttle which provides transportation to Veterans in Meridian to the Veterans Hospital in downtown Boise. FY22 Preliminary Budget Summary Local contributions are pooled together with other local and federal funds to deliver all the services of Valley Regional Transit. The degree to which local contributions are leveraged depends on the type of expense, i.e. capital vs operating, the type of program, i.e. specialized vs fixed route, and the availability of federal funds. For example federal funds typically require at least 20% local match for capital expenses, while fixed route operations in Canyon County are matched 50%. Table 1 below illustrates how Meridian's contribution is one part of a proposed $24M budget for FY2022 and supported contributions from other jurisdictions, federal funds and directly generated and auxiliary funds. Table 1:FY2022 Proposed Budget Revenues and Expenses FY22 Proposed Budget FY22 Proposed Budget Summary Summary w/ARPA Expenses $ 24,682,320 Revenues Fares/Passes $ 562,577 Federal Relief $ 2,916,870 Federal Formula $ 10,353,875 Auxiliary Local $ 600,000 Sub Total Federal and Directly Generated Revenues $ 14,433,321 Special Non jurisdictional Local $ 1,056,824 Jurisdiction Local (General, Service, Capital and Special) $ 9,192,175 Sub Total Local Revenues $ 10,248,999 Meridian Share (included in total jurisdictional revenues) $ 613,651 Grand Total Revenues $ 24,682,320 2 Page 300 Item#18. valleyreg i ona Itransit Tables 2 and 3 illustrate the proposed local contributions from other jurisdictions. Table 2 shows the proposed contributions before the reduction to directly generated revenues and is what was presented to the Meridian Council in May. Table 3 shows the proposed contributions after the reduction in directly generated revenues. The effect was an increase in total service assessment and the corresponding local contributions. Table 2:FY2022 Funding Requests of Local Jurisdictions Prior to Reduction in Directly Generated Revenues General Service Capital Special . --. - Assessment Assessment Assessment Assessment Totals Local Revenue Sources Ada County $31,882 $52,579 $ 2,011 $ - $86,473 ACHD $5,420 $- $- $- $5,420 Boise State University $5,420 $43,198 $2,169 $- $50,788 College of Western Idaho $5,420 $67,548 $3,636 $- $76,605 CCDC $5,420 $- $- $- $5,420 City of Boise $126,665 $6,606,955 $144,326 $250,000 $7,127,946 City of Eagle $18,072 $73,581 $1,578 $9,700 $102,931 City of Kuna $14,455 $- $- $27,000 $41,455 City of Meridian $67,052 $349,479 $9,223 $170,000 $595,755 City of Star $7,026 $- $- $- $7,026 City of Garden City $6,590 $- $- $- $6,590 Meridian Development Corp $5,420 $- $- $- $5,420 TOTAL ADA COUNTY $298,842 $7,193,341 $162,945 $456,700 $8,111,828 Canyon County $27,326 $19,372 $989 $- $47,687 Canyon County Highway District $1,557 $- $- $- $1,557 City of Caldwell $33,429 $111,082 $5,964 $- $150,475 City of Greenleaf $472 $- $- $- $472 City of Melba $309 $- $- $- $309 City of Middleton $5,463 $- $- $- $5,463 City of Nampa $58,186 $233,510 $12,297 $- $303,993 City of Notus $299 $- $- $- $299 City of Parma $1,159 $- $- $- $1,159 City of Wilder $959 $- $- $- $959 Golden Gate Highway District#3 $1,101 $- $- $- $1,101 Nampa Highway District#1 $1,797 $- $- $- $1,797 Notus/Parma Highway District $965 $- $- $- $965 TOTAL CANYON COUNTY $133,023 $363,963 $19,249 $- $516,236 TOTAL JURISDICTION REVENUE* $431,865 $7,557,304 $182,194 $456,700 $8,628,064 3 Page 301 Item#18. valleyregionaltransit Table 3:FY2022 Funding Requests of Local Jurisdictions with Reduction in Directly Generated Revenues General Service Capital Special . . -• Assessment Assessment Assessment Assessment Totals Local Revenue Sources Ada County $31,882 $58,160 $2,019 $0 $92,061 ACHD $5,420 $0 $0 $0 $5,420 Boise State University $5,420 $49,519 $2,245 $0 $57,184 College of Western Idaho $5,420 $74,184 $3,624 $0 $83,228 CCDC $5,420 $0 $0 $60,000 $65,420 City of Boise $126,665 $7,032,468 $144,538 $250,000 $7,553,671 City of Eagle $18,072 $82,683 $1,670 $9,700 $112,125 City of Kuna $14,455 $0 $0 $27,000 $41,455 City of Meridian $67,052 $367,531 $9,068 $170,000 $613,651 City of Star $7,026 $0 $0 $0 $7,026 City of Garden City $6,590 $0 $0 $0 $6,590 Meridian Development Corp $5,420 $0 $0 $0 $5,420 TOTAL ADA COUNTY $298,842 $7,664,545 $163,163 $516,700 $8,643,251 Canyon County $27,326 $21,240 $980 $0 $49,546 Canyon County Highway District $1,557 $0 $0 $0 $1,557 City of Caldwell $33,429 $121,448 $5,918 $0 $160,796 City of Greenleaf $472 $0 $0 $0 $472 City of Melba $309 $0 $0 $0 $309 City of Middleton $5,463 $0 $0 $0 $5,463 City of Nampa $58,186 $254,181 $12,133 $0 $324,501 City of Notus $299 $0 $0 $0 $299 City of Parma $1,159 $0 $0 $0 $1,159 City of Wilder $959 $0 $0 $0 $959 Golden Gate Highway District#3 $1,101 $0 $0 $0 $1,101 Nampa Highway District#1 $1,797 $0 $0 $0 $1,797 Notus/Parma Highway District $965 $0 $0 $0 $965 TOTAL CANYON COUNTY $133,023 $396,870 $19,031 $0 $548,924 TOTAL JURISDICTION REVENUE $431,865 $8,061,415 $182,194 $516,700 $9,192,175 4 Page 302 Item#18. valleyreg i ona Itransit Ridership Review COVID 19 and the associated physical distancing, teleworking and stay at home orders have had a significant impact on ridership. Table 1 below shows the first quarter change in ridership comparing 2020 to 2019 before COVID-19 hit and the first quarter change in ridership comparing 2021 to 2020 after COVID-19 hit. Although system ridership was down the first quarter of 2020, some routes and services were experiencing ridership gains. First quarter 2021 ridership shows how significant COVID-19 has been on ridership, particularly the commute oriented ridership with route 40 down 75%. Although the impacts of COVID appear to be lessening, we expect this service will still face COVID related headwinds initially. Table 3:Quarterly Ridership Changes Q1 2020 vs Q1 2019 Q1 2021 vs Q1 2020 Fixed Route #%change #%change System-wide 296,923 -6% 206,862** -31% 40 101795 +.01% 2,719 -75% 42 6,653 +15%* 5,242 -21% Specialized 26,654+4% 14,409 -43% Harvest Transit 2,524+15% 1,471 -31% Rides2Wellness 2020 2,334 -2% 2021 1,734 -27% *Compared to combined ridership of routes 41(which was discontinued) and 42 ** Some of this decline is due to Canyon County fixed route service being reported under demand response in 2021 with the implementation of On-Demand service Ridership Projections Transit services typically take anywhere from 12 to 24 months to "mature." Travel behaviors can be slow to change and the maturation process allows time for the public to become aware of and begin to utilize the new service. This can be particularly true when introducing new service in areas that have never had service before. Using similar routes, VRT has prepared ridership projections for the new service but it is unclear how much COVID-19 will impact those estimates. Ridership projections for the new service was based on experience with similar routes but ridership projections can be unreliable in the best of times coming out of COVID Q1 FY 2022 Q4 2022 Q4 2023 Connected and mature Fixed Route 30 600 900 3,500 7,500 5 Page 303 Item#19. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1936: An Ordinance Amending Title 1, Chapter 6, Section 5 of the Meridian City Code Providing for Mayor's Compensation and Providing for Market Adjustments; and Providing for a Summary; Providing for a Waiver of the Second and Third Reading Rules; and Providing an Effective Date Page 304 Item#19. CITY OF MERIDIAN ORDINANCE NO. 21-1936 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 5 OF THE MERIDIAN CITY CODE PROVIDING FOR MAYOR'S COMPENSATION AND PROVIDING FOR MARKET ADJUSTMENTS; AND PROVIDING FOR A SUMMARY; PROVIDING FOR A WAIVER OF THE SECOND AND THIRD READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Pursuant to Idaho Code Title 50, Chapter 2, Section 3, Meridian City Code Title 1, Chapter 6, Section 5, of the Meridian City Code is hereby amended as follows: 1-6-5. - Compensation. A. The annual compensation of the Mayor shall be as follows: 1. The Mayor shall receive an annual salary effective on January 1, 202-0, 2022 a total annual salary of ninety two thousand seven hundred andseventy ao" •� ($92,776 nn` one hundred and six thousand and four hundred and sixty-one dollars ($106,461.00), and effective January 1, 2D24, 2023 a total annual salary of ninety four- thousand ., 4und.oa and thirty two dollars ($94 632 nm one hundred and nineteen thousand seven hundred and sixty-nine dollars ($119,769.00), until this section is amended as allowed by law. 2. Salary shall be paid in equal monthly amounts. Beginning with the fiscal year 242-2 (ram 2024 (FY24), if the city's annual budget provides for a "market adjustment" increase to the wages of general employees, the Mayor shall receive the same adjustment to the above salary. 3. Employee benefits shall be the s 'ded to all other-full time employees-af the eity. B. The Mayor shall receive the same employee benefits as any full-time city employee, except for accrual of vacation or sick leave, and any other benefits as directed by the City Council. C. Human Resources shall be tasked to form a committee comprised of no less than five (5) various citizens, business leaders, and former elected or appointed officials of the City of Meridian prior to the budget workshop during every Municipal election year to make recommendations for adjustments, increases, or decreases to compensation for the Mayor and City Council. The committee may consider any or all of the following in making such recommendation: baseline salaries in comparison to select cities, Mayor's Compensation—Meridian City Code Section 1-6-5 Page 305 Item#19. appropriate increases or decreases based upon the market as determined by the committee, the current and potential impact to the city's budget, performance of the elected official while in office, recent or current increases afforded to all other city employees, and expectations of the public in general for the position that is being evaluated. The membership of the committee may be determined by the City Council with input from the Mayor. The City Council is not bound to follow the recommendations from the committee, but may use any feedback or recommendation as guidance for setting the budget for compensation. Section 2: That pursuant to the affirmative vote of one-half(1/2)plus one (1) of the Members of the full Council, the rule requiring two (2)separate readings by title and one (1) reading in fullbe, and the same is hereby, dispensed with as the second and third reading and they are therefore combined as one (1), and accordingly,this Ordinance shall be in full force and effect upon its passage, approval and publication PASSED by the City Council of the City of Meridian, Idaho, this 20th day of July, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 20th day of July, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 21-1936 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 21-1936 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 20th day of July , 2021. William L.M. Nary, City Attorney Mayor's Compensation—Meridian City Code Section 1-6-5 Page 306 Item#19. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 21-1936 An ordinance amending section to Meridian City Code, sectionl-6-5 Mayor's Compensation; adopting a savings clause; and providing an effective date. First Reading: Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code City of Meridian § 50-902: YES NO Mayor and City Council Second Reading: By: Chris Johnson, City Clerk Third Reading: Mayor's Compensation—Meridian City Code Section 1-6-5 Page 307 Item#20. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1937: An Ordinance Amending Title 1, Chapter 7, Section 9 of the Meridian City Code Providing for City Councilmembers Compensation and Providing for Market Adjustments; and Providing for a Summary; Providing for a Waiver of the Second and Third Reading Rules and Providing an Effective Date Page 308 Item#20. CITY OF MERIDIAN ORDINANCE NO. 21-19 3 7 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 9 OF THE MERIDIAN CITY CODE PROVIDING FOR CITY COUNCILMEMBERS COMPENSATION AND PROVIDING FOR MARKET ADJUSTMENTS; AND PROVIDING FOR A SUMMARY; PROVIDING FOR A WAIVER OF THE SECONDAND THIRD READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1.Pursuant to Idaho Code Title 50, Chapter 2, Section 3,Meridian City Code Title 1, Chapter 7, Section 9, of the Meridian City Code is hereby amended as follows: 1-7-9. - Compensation. A. The annual compensation of the members of the City Council shall be as follows: 1. Each member of the City Council shall receive an annual salary of thousa-ad five ��'�rs-($13,50 sixteen thousand one hundred and twenty-five dollars ($16,125.00) effective January 1, 202-0 2022, and effective January 1,2424 2023, a total annual salary of fifteen thousand dollars ($15,000 00) seventeen thousand three hundred and thirty-five dollars ($17,335.00), until this section is amended as allowed by law. 2. The City Council President shall receive additional compensation of ten percent (10%) more than other Council members as compensation for the additional work involved in that role. The compensation shall be an annual salary of €ems thousand eight i.„na,.oa and fifty dollars ($in Qcn seventeen thousand seven hundred and thirty-eight-dollars effective January 1, 20M 2022, and effective January 1,2424 2023,a total annual salary of sixteen th,.,,s,,n five nineteen thousand and sixty-nine dollars ($19,069.00), until this section is amended as allowed by law. 3. Salary will be paid in equal monthly amounts. Beginning with fiscal year 22-2 (FY22)2024(FY24),if the city's annual budget provides for a"market adjustment" increase to the wages of general employees of the city, Council members shall receive the same adjustment to the above salary. 4. Employee benefits shall be the same as provided to all other- fitil time employe of the eity, B. The City Council shall receive the same employee benefits as all full-time city employees, except for the accrual of vacation or sick leave, and any other benefits as directed by the City Council. City Council Compensation—Meridian City Code Section 1-7-9 Page 309 Item#20. C. Human Resources shall be tasked to form a committee comprised of no less than five (5) various citizens, business leaders, and former elected or appointed officials of the City of Meridian prior to the budget workshop during every Municipal election year to make recommendations for adjustments, increases, or decreases to compensation for the Mayor and City Council. The committee may consider any or all of the following in making such recommendation: baseline salaries in comparison to select cities, appropriate increases or decreases based upon the market as determined by the committee,the current and potential impact to the city's budget, performance of the elected official while in office, recent or current increases afforded to all other city employees, and expectations of the public in general for the position that is being evaluated. The membership of the committee may be determined by the City Council with input from the Mayor. The City Council is not bound to follow the recommendations from the committee, but may use any feedback or recommendation as guidance for setting the budget for compensation. Section 2: That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in fullbe, and the same is hereby, dispensed with as the second and third reading and they are therefore combined as one (1), and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication PASSED by the City Council of the City of Meridian, Idaho, this 20th day of July, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 20th day of July, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 21-1937 The undersigned,William L.M.Nary,City Attorney of the City of Meridian, Idaho,hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 21- 1937 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 20th day of July 2021. William L.M. Nary, City Attorney City Council Compensation—Meridian City Code Section 1-7-9 Page 310 Item#20. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 21-1937 An ordinance amending section to Meridian City Code, section 1-7-9, City Council Compensation; adopting a savings clause; and providing an effective date. First Reading: Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code City of Meridian § 50-902: YES NO Mayor and City Council Second Reading: By: Chris Johnson, City Clerk Third Reading: City Council Compensation—Meridian City Code Section 1-7-9 Page 311