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2021-10-19 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 19, 2021 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison (left at 6:12 pm) PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the October 5, 2021 City Council Work Session 2. Approve Minutes of the October 5, 2021 City Council Regular Meeting 3. Apex Southeast Subdivision No. 1 Full Release of Sanitary Sewer and Water Main Easement 4. Detached Baron Black Cat Pedestrian Pathway Easement 5. Detached Baron Black Cat Sanitary Sewer Easement No. 1 6. Oaks North No. 9 Sanitary Sewer and Water Main Easement 7. Well 11b Flush Line Water Main Easement 8. Final Plat for Quartet Northeast No. 2 (FP-2021-0050) by Brighton Development, Inc., Located Approximately ¼ Mile South of W. McMillan Rd. and East of N. Black Cat Rd. 9. Final Order for Edington Commons No. 2 (FP-2021-0048) by Conger Group, Located on the East Side of N. Linder Rd., North of W. Ustick Rd. 10. Final Order for Inglewood Subdivision No. 2 (FP-2021-0037) by McNeil Engineering, Located at 3220 E. Victory Rd. 11. Findings of Fact, Conclusions of Law for Oaks North and Oakmore DA Modification (H-2021-0058) by Toll Southwest, LLC, Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. 12. Approve Bid and Award Multi-Year Contract Between the City of Meridian and Univar Solutions for Polymer Chemicals at WRRF for the Not-to-Exceed Amount of $250,000.00 Per Fiscal Year 13. Ground Lease Between the City of Meridian and West Ada School District for Municipal Water Well Lot 14. Resolution No. 21-2292: A Resolution of the Mayor and the City Council of the City of Meridian, Establishing the Reappointment of Rand Spiwak to Seat 3 and Mark Nelson to Seat 2 of the Meridian Solid Waste Advisory Commission; and Providing an Effective Date 15. Resolution No. 21-2293: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Blaine Johnson to Seat 2 and Jody Ault to Seat 7 of the Meridian Historic Preservation Commission; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics RESOLUTIONS \[Action Item\] 16. Resolution No. 21-2294: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Jo Greer to Seat 6, Keith Bevan to Seat 8 and Appointing Mandi Roberts to Seat 7 of the Meridian Parks and Recreation Commission; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener DEPARTMENT / COMMISSION REPORTS \[Action Item\] 17. Parks and Recreation Department: Meridian Road Island Beautification Discussion ACTION ITEMS 18. Public Hearing Continued from September 28, 2021 for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd. Continued to November 23, 2021 A. Request: Request: Modification to the existing Development Agreements (Inst. #113005608 – SGI and Inst. #2020-062947 – Bach Storage) to remove the property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project. Motion to continue to November 23, 2021 made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 19. Public Hearing for Hatch Industrial (H-2021-0026) by Hatch Design Architecture, Generally Located on the East Side of N. Linder Rd. and the North Side of W. Franklin Rd., South of the Railroad Tracks, and at 160 N. Linder Rd. Approved A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 42 +/- acres of land from Mixed Use – Community to Industrial. B. Request: Annexation of 1.59 acres of land with an I-L (Light Industrial) zoning district with a request for City Council approval of a reduced buffer width to residential uses from 25 feet to 5 feet. Motion to approve made by Councilman Cavener, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 7:34 pm Item#1. Meridian City Council October 19, 2021. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, October 19, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Caleb Hood, Mike Barton, Kyle Radick, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison (Left at 6:12 p.m.) Simison: Okay. Council, I will call the meeting to order. For the record it is October 19, 2020, at 6:02 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next item is the community invocation. Mr. Clerk, do we have any sign-up? Johnson: Mr. Mayor, we did have any sign-up this week. ADOPTION OF AGENDA Simison: Okay. Then with that we will move on to the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move we adopt the agenda is published. Hoaglun: Second the motion. Page 5 Meridian City Council Item#1. October 19,2021 Page 2 of 33 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: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the October 5, 2021 City Council Work Session 2. Approve Minutes of the October 5, 2021 City Council Regular Meeting 3. Apex Southeast Subdivision No. 1 Full Release of Sanitary Sewer and Water Main Easement 4. Detached Baron Black Cat Pedestrian Pathway Easement 5. Detached Baron Black Cat Sanitary Sewer Easement No. 1 6. Oaks North No. 9 Sanitary Sewer and Water Main Easement 7. Well 11 b Flush Line Water Main Easement 8. Final Plat for Quartet Northeast No. 2 (FP-2021-0050) by Brighton Development, Inc., Located Approximately '/4 Mile South of W. McMillan Rd. and East of N. Black Cat Rd. 9. Final Order for Edington Commons No. 2 (FP-2021-0048) by Conger Group, Located on the East Side of N. Linder Rd., North of W. Ustick Rd. 10. Final Order for Inglewood Subdivision No. 2 (FP-2021-0037) by McNeil Engineering, Located at 3220 E. Victory Rd. 11. Findings of Fact, Conclusions of Law for Oaks North and Oakmore DA Modification (H-2021-0058) by Toll Southwest, LLC, Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. 12. Approve Bid and Award Multi-Year Contract Between the City of Meridian and Univar Solutions for Polymer Chemicals at WRRF for the Not-to-Exceed Amount of $250,000.00 Per Fiscal Year 13. Ground Lease Between the City of Meridian and West Ada School District for Municipal Water Well Lot Page 6 Meridian City Council Item#1. October 19,2021 Page 3 of 33 14. Resolution No. 21-2292: A Resolution of the Mayor and the City Council of the City of Meridian, Establishing the Reappointment of Rand Spiwak to Seat 3 and Mark Nelson to Seat 2 of the Meridian Solid Waste Advisory Commission; and Providing an Effective Date 15. Resolution No. 21-2293: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Blaine Johnson to Seat 2 and Jody Ault to Seat 7 of the Meridian Historic Preservation Commission; and Providing an Effective Date Simison: Next up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda, for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. 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 and agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, public forum. Mr. Clerk, do we have someone signed up on the public forum? Johnson: Mr. Mayor, we did not. Simison: Okay. Then with that we will move on to Resolutions. So -- Cavener: Mr. Mayor? Sorry, I don't mean to interrupt. There at least was somebody -- I think in the audience that was raising their hand that wanted to maybe do the public forum and I didn't know if -- Bernt: That's okay. Page 7 Meridian City Council Item#1. October 19,2021 Page 4 of 33 Simison: Typically that's not how we do it. We do need to sign up in advance for public forum items. I would rather we keep with that process without going down that direction. RESOLUTIONS [Action Item] 16. Resolution No. 21-2294: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Jo Greer to Seat 6, Keith Bevan to Seat 8 and Appointing Mandi Roberts to Seat 7 of the Meridian Parks and Recreation Commission; and Providing an Effective Date Simison: Okay. Next item up is Resolutions. Item 16 is Resolution No. 21-2294. Council, this is a resolution to reappoint two members to our Parks and Recreation Commission, Jo Greer and Keith Bevan and a third member Mandi Roberts, who is taking the place of one of our members who stepped down or did not want to seek reappointment. Commission President Greer and myself, we met with Mandi Roberts, who is here before you tonight to be considered and if you are looking for someone that can really bring experience into the -- into the commission through practical real life experience, I think we hit a home run quite frankly. You know, having someone with landscape architect -- architecture and who has been through public processes through her professional career, that can really bring that element to the commission and, quite frankly, I'm sure Mike would love to have some -- even as an ad hoc consultant for some of the work that we have -- we have got a lot of work going on in the -- in the Parks and Recreation Department generally, but as a -- as a commission member I think that she will be a valuable asset to them and add a very important skill set to them, as well as just a love for the community and a love for parks as a general standing. So, with that I would be happy to answer any questions before -- asking to see the approval and Mandi is here in the audience and can come and speak up afterwards if so inclined. Do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Resolution No. 21-2294, resolution of the Mayor and the City Council, City of Meridian, to reappoint Jo Greer to Seat 6, Keith Bevan to Seat 8 and appoint Mandi Roberts to Seat 7 of the Meridian Parks and Recreation Commission and providing an effective date. Cavener: Second. Simison: I have a motion and second. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the resolution is agreed to. MOTION CARRIED: ALLAYES. Simison: Thank you very much. Mandi, would you like to come forward and make any Page 8 Meridian City Council Item#1. October 19,2021 Page 5 of 33 comments? Roberts: Thank you so much, Council Members. I wasn't really prepared to make any formal remarks, but I just want you to know that I'm very happy and honored to serve the community and it's been -- while I have traveled around the world and worked throughout the Pacific Northwest and -- and West, it's good to be home and it's good to be in this -- working in this capacity for the community and I look forward to having a lot of meaningful involvement and contributions to our future. So, thank you. Simison: Thank you, Mandi. All right. With that, Council President Bernt, I'm going to turn the meeting over to you for the rest of the evening. DEPARTMENT / COMMISSION REPORTS [Action Item] 17. Parks and Recreation Department: Meridian Road Island Beautification Discussion Bernt: Got it. Thank you, Mr. Mayor. On to Item No. 17, Department/Commission Reports. Turn the time over to Mike Barton. Barton: Good afternoon, Mayor and Council. Thanks for the opportunity to come to talk to you this evening about a potential beautification project that's close to downtown. I have got a couple exhibits that I think Chris is pulling up right now. So, we will just kind of pause here and -- yeah, it looks like it's on. Just give me another second here. Borton: Hey, Mike? Question for you. What is orange and sounds like a parrot? Barton: I don't know. What is the orange and sounds like a parrot? Borton: Carrot. Bernt: Mr. Borton? Borton: Mr. Bernt. Bernt: Do you have a follow up joke to that? Barton: I will just -- I will pause and wait -- wait for another joke? Are we ready to roll? Okay. Let's go. So, about a year ago we were asked to look into the possibility of beautifying this remnant parcel downtown that was -- when the split corridor developed there was a couple of parcels that ACHD took over and landscaped and Parks and Rec maintains those. One of them has a piece of art in it. The other one to the north is landscaped and Nine Mile Creek goes through and it's fairly attractive -- attractive as an entry to the city. There is one piece, though, however, that's not landscaped and it is kind of an eyesore, chronically full of weeds and goat heads, so we were -- have been in contact with the property owner over the last year and they thought they might develop it Page 9 Meridian City Council Item#1. October 19,2021 Page 6 of 33 and we just kind of paused and periodically checked in with them about the possibility of either a purchase or a license agreement to allow us to make these improvements and it would be a one year license agreement that renewed automatically every year until the point in time that there was a legitimate development application that came before the city. Developing this piece of property would be difficult because of floodplain issues and the Nampa-Meridian easement that goes through it and, then, also access. Their only point of access is off Ada Street. So, they can't take access off -- off Meridian Road. So, we are looking for direction this evening from you if -- about entering into a one year license agreement with the property owner that would renew automatically year to year until the time that there is a legitimate development application that comes before the city. If there is a desire to do this, we could bring back a budget amendment for the cost of the landscaping, the cost of the maintenance, and a license agreement with Nampa-Meridian. If that were the case we could bring that budget amendment back and have this installed -- finished by late spring of '22. We could as an alternate -- I didn't put it on the slide here, but we could bring this through the regular budget process next year if that's your desire as well. So, I will stop there and be happy to answer any questions that you have. Bernt: Thanks, Mike. Questions from Council? Perreault: Council President Bernt? Bernt: Ms. Perreault. Perreault: So, if the city were to invest improvements in this and we had a license agreement, how would the -- would the owner benefit from that if they chose not to continue in the license agreement with us? Essentially would they receive those -- receive those improvements for free or how would that work that we would protect the investment, if not owning the property? Barton: Yeah. Council President and Council Woman Perreault, that's -- that's a good question and we haven't really thought through that much, but we could put that in a license agreement that -- I mean if we made those improvements, the only way that they would -- that they could go back in or -- or not renew the license agreement is if there was a development application in front of the city. So, they would have to be serious. They couldn't just say -- they couldn't kick us out. Perreault: Okay. So, it would be a permanent scenario. Barton: Yeah. It would renew automatically year over year until the time that there is a development application. From what I understand with the current floodplain issues and some of the initiatives to open up Nine Mile Creek and -- and minimize or reduce or eliminate that floodplain in downtown Meridian, it's five plus years at least and likely could be longer. So, I think that's what -- the investment we are looking at as a -- you know, worst case goes away in five years. Borton: Mr. President? Page 10 Meridian City Council Item#1. October 19,2021 Page 7 of 33 Bernt: Mr. Borton. Borton: Mike, I think it's a great idea. We have talked about this for some time. This is probably the only solution for this outparcel, the entryway into our downtown. So, I think the investment makes sense. Whether it's done now or as part of the budget, I would say now only if there was some risk that the stars wouldn't align, right, in the summer. If we have got all the parties in agreement to doing it, then, I would be comfortable with a budget amendment while you have it lined up. Barton: Council President and Councilman Borton, the only risk would be not being able to execute it late next fall or next fall. So, it would -- it would be an entire year before it was finished. I mean it would be spring of '23, instead of '22, so -- Borton: And Mr. President? Bernt: Mr. Borton. Borton: I think it is just collateral benefit. You do some small project like that, it's -- it's -- it sends the right message to adjacent property owners and just the beautification of one property begets the next and it just -- it sends the right leadership message for what downtown should look like, so -- Nary: Mr. President? Bernt: Mr. Nary. Nary: Mr. President, Members of the Council, to sort of piggyback on Mike's other answer to the prior question, the city I don't believe owns the ground that the art piece is on either. That big triangle piece. I don't believe we own that. I think ACHD owns it. Barton: Correct. Nary: Yeah. And so we don't have any ownership interest, but we have a 90,000 dollar art piece on it. So, if there was ever a need that they needed that for a road improvement or something like that, that process would be -- would have to stop and we would have to move it. So, I think Mike's idea, f they are willing to do that, and basically allow us that license agreement, with the only -- really the termination factor being an application to change the road, make a road improvement, change the irrigation, whatever, then, I think -- I think that could certainly be a doable agreement we could craft. Perreault: Mr. President? Bernt: Mrs. Perreault. Perreault: So, Mike, if -- if a member of -- if anyone were to vandalize that property or remove something the city has placed or not being an owner, how does that work? And Page 11 Meridian City Council Item#1. October 19,2021 Page 8 of 33 maybe this is a question for Mr. Nary. How does that work legally to pursue reparation for something along those lines? Is that part of the license agreement as well, that we, then, take on sort of ownership rights in that sense -- somebody drives over it -- I mean that's some expensive landscaping; right? Barton: Let's -- hypothetically, if somebody went out there and decided to spin cookies in the middle of it and tear up the grass, we would -- we would be -- have to repair it, because I think that falls under the maintenance category and we wouldn't be fulfilling our end of the duty if we didn't repair it. We wouldn't -- it would be -- you know, we would have to maintain it. Cavener: Mr. President? Simison: Mr. Cavener. Cavener: Mike, I'm in agreement. I think it's a terrific idea. I think bring a budget -- I would be supportive of a budget amendment if it was brought forth now, as opposed to waiting until the budget cycle, in part because I think that this may be a -- almost a pilot or a step forward in terms of maybe seeing a community beautification budget line item come forth on an annual basis. I start to think of, you know, the spot between Ten Mile and Black Cat on Cherry or on McMillan between Linder and Ten Mile where we have got some pretty well developed out pieces of land, but are just kind of weed areas in part because either the waterway or -- or issues with current residential homes that we could potentially use this as a pilot, show that it works, and, then, maybe take a little piece of Meridian each year at a time and clean it up and get it looking better. Bernt: Good idea. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: My two cents. I'm in favor moving forward and doing the budget process. So, I think it's a great idea. We need to -- we need to do that and make that all look good. That is an entryway. Bernt: Mr. Nary, what type of action are we looking for tonight? Just some head nods and that's -- was that good enough? Nary: Mr. President, yeah. I think at this point I think it's good enough. We will -- we will get with Mike -- I will probably have Mr. Baird craft an agreement and, then, contact -- is that the irrigation district or -- okay. So, yes. So, Tate's Rents owns that piece. So, we will speak with them and we will just begin the process. But you will get an agreement back. Barton: Bring back a license agreement and a budget amendment the same -- same Page 12 Meridian City Council Item#1. October 19,2021 Page 9 of 33 evening. Bernt: Small donation from Tate's? Whatever. Barton: I will ask. Bernt: Thanks, Mike. Barton: Good. Thank you. ACTION ITEMS 18. Public Hearing Continued from September 28, 2021 for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd. A. Request: Request: Modification to the existing Development Agreements (Inst. #113005608 — SGI and Inst. #2020-062947 — Bach Storage) to remove the property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project. Bernt: All right. That takes us to Item No. 18 of tonight's agenda. It's a public hearing number H-2021-0059. Turn the time over to staff. Hood: Thank you, Mr. President, Members of the Council. I'm not Sonya Allen. I am Caleb Hood. I am going to present this project for her and actually the next one as well. So, bear with me a little bit here, but I think I have got my bearings and understand the two projects I'm going to present tonight. The first one being Regency at River Valley. So, this -- this project was actually continued from your September 28th hearing, but you really didn't have a hearing. It was re-noticed for tonight. The applicant did add some conceptual additional units for this project. So, new notices went out. This is only a development agreement modification request. The site consists of 2.57 acres that are currently zoned C-C and C-G. We had that earlier and now I'm not seeing that slide. So, I'm going to have to orient you or pull up Google Earth a little here. But there is zoning -- again, split zoning on the property, C-C and C-G, located at 3270 and 3280 East River Valley Street and the other address is 2480 North Eagle Road. So, this is just north of River Valley Street. The Co-Op and the other Bach project, the Regency at River Valley, their first two phases, are directly east and there is a Mattress Firm right on the corner there. There is a signal at this intersection. So, this is the undeveloped land just off of that driveway. And I apologize, but the zoning and the comp plan somehow got -- that slide got taken out. So, there are two existing development agreements on this site -- and when I say this site, one of them -- one development agreement applies to the site -- again, directly due east of the Mattress Firm and, then, the other development agreement is the larger properties that are to the north. This has a comp plan designation of mixed use regional currently. That northern portion of the site is already entitled with a Page 13 Meridian City Council Item#1. October 19,2021 Page 10 of 33 self service storage facility and the southern portion had not only the retail building that -- that is out there currently today, again, right here is an existing building, but the conceptual plan -- see if I can move you all out of the way. The conceptual plan had a future potential drive through building that was also a part of that -- that development agreement that currently is on the books. This Option A is no longer really viable, because, again, the mattress store went in here. So, really you are looking at Option B. So, it would modify the development agreement to not have the drive through use, but use this driveway to get to the majority of the project that you see on the upper end of this site. So, the summary, again, is to replace both of those development agreements with one new development agreement for the -- for the subject property and give conceptual approval for a multi-family project, again, which would essentially be the third phase of the Regency at River Valley, which you can see some of that project just on their conceptual site plan with the Bach storage project, consisting of 134 apartment units in concept and a mix -- that would include a mix of studio one and two bedroom units. The buildings are conceptually five feet tall. So, again, I keep saying conceptually, because this would require a future conditional use permit, if Council is so inclined to, basically, vacate the two existing development agreements and create this new one that would open the door for them to come back in with a CUP for multi-family on this site. I will just note that there may be changes to -- here is the submitted conceptual plan that they have submitted. Additional changes may be necessary. Staff did not do a detailed comprehensive review of the site. So, again, that will occur with the CUP, so just a disclaimer or note that when -- if a conditional use permit for multi-family is proposed on the site some additional changes may be necessary. It's my understanding Sonya did do some of the initial calculations for parking and open space and amenities and things like that, but we have not done that detailed review. Same thing with the elevations. We haven't gone through that whole process of evaluating the project for full compliance with -- with city standards. So, staff is supportive of the proposed development agreement modification and has included the recommended development provisions in Section 6 of the staff report. I know Brandon Whallon is here from Bach Homes. So, with that I will turn it over -- back to you, Mr. President, with any questions. Bernt: Thank you, Caleb. Any questions for Caleb? Perreault: Mr. President? Simison: Ms. Perreault. Perreault: Caleb, thank you very much. I'm curious if you could share some more detail with us on staff's recommendation for approval on this. It seems to me that from a zoning standpoint -- I mean I'm understanding -- I'm understanding the recommendation, but I -- from a function standpoint I'm not completely understanding the support of putting residential just so close up to a state highway. I just want to understand from staff's perspective the support of that. Hood: Yeah. I appreciate that question and I'm not -- this is going to be me now and not Sonya. But we have talked about it. So, from my perspective this -- this site -- the two Page 14 Meridian City Council Item#1. October 19,2021 Page 11 of 33 lots certainly on the north anyways. I will leave the -- the one that's just east of the mattress business out of what I'm about to say, because that one I'm not as familiar with, but I know that the two sites where the --where the multi-family project sits on the concept plan, we have been talking about that site for a long time and one of the problems with that site is access. So, any viable retailer tells us anyways that they need -- they need -- want direct access to Eagle Road for anything to happen there. So, that's -- at least the feedback we are hearing is a lot of the reasons it's sat there this long is because of the access restrictions and problems that it creates to get out -- and I will just say I mean that's really close to the signal at River Valley, too. So, turning even left into this site is going to be difficult. So, it's very nice that there is cross-access with the first two phases of Regency, so motorists, primarily, can get through that project and back and forth and use their main entrance that's just off screen here to get to and from that collector roadway. I will also say, you know, obviously, it's entitled right now with -- with storage. It's tough. I will say the last -- the last storage concept we saw was fairly attractive, but that's something else along an entryway corridor with 40 or 50 thousand cars a day that are driving by, it's kind of hard to make it look nice and feel like part of the community. So, I get it. I mean I will be honest, I live within a half mile of Eagle Road. I can hear it. So, your question, you know, is it an ideal location? For some it is, because there is a lot of things around here, including Eagle Road, which has access, again, to entertainment and jobs and recreation very close. So, on the face of it -- again, not for everybody to live that close, but there -- there is a future transit corridor here where I think density makes some sense. So, again,just all those things where we really --we are trying to get maybe some retail out here or -- or an office complex just that really never took hold and I'm not saying that residential is the best, but I think that this works and I'm satisfied with it anyways. Perreault: Mr. President? Bernt: Ms. Perreault. Perreault: Thank you very much, Caleb. I appreciate it. That was very helpful. I -- I would like to ask the applicant if they would answer that same question when they come forward. Strader: Mr. President? Bernt: Ms. Strader. Strader: Thanks. Maybe just a process question. So, doing this as a DA modification seems a little bit different, because it's such a huge change in use. So, I was just curious from the Planning Department's perspective, doing this as a DA modification, is there any part of our normal process that's not as robust or that we wouldn't see something coming kind of de novo in front of us? Hood: So, Mr. President, Council Woman Strader, yes, and so there is -- and it's kind of tough. I mean you would like to see the package deal; right? You had a similar discussion Page 15 Meridian City Council Item#1. October 19,2021 Page 12 of 33 on a project-- Hickory and Fairview recently where the plat was coming and we are going to -- we are going to change the development agreement modification first and, then, we will come back with the subdivision. So, there is a little bit of--and that's why even looking at, you know, section six of the development agreement maybe is a little too specific. I think there is disclaimers in there that say, you know, conceptual site plan and -- and -- but it does say this many number of units and five story buildings and so that's -- if approved this would only go to the Planning and Zoning Commission, if you approve the development agreement modification. It would not come back to Council. Now, again, it needs to -- whatever comes back in with that CUP still gets reviewed for compliance with city code, but unless appealed it would -- you guys would not see it. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: Just a quick question, Caleb. Whether it's a storage unit or multi-family, I remember we spent a lot of time on cross-access easement to the business on the north. That does still exist. I think I saw in one of the earlier slides it said cross-access agreement easement, so -- Hood: Yes. Mr. President, Councilman Hoaglun, yes, and I'm sorry I didn't point that out. I was a little flustered that there wasn't the -- the zoning and comp plan maps in the presentation. But, yeah, you can conceptually see that and, again, in Section 6 of the staff report there is a new development agreement provision that requires both cross -- three -- three way cross access, basically, to the north, which is the China Buffet and, then, tying in with the other phase of Regency. So, you can see that -- I know the shading is a little bit difficult, but you can see some that cross-access to those projects and, then, again, across all three of these parcels out to the public street at River Valley. Hoaglun: Okay. Thanks, Caleb. Bernt: Perfect. Let's turn the time over to the -- the applicant for their -- Whallon: Council President and Members of the Meridian City Council, my name is Brandon Whallon with Bach Homes located at 1650 State Street, Draper, Utah. 84020. Johnson: Mr. Whallon, can you -- can you -- sorry. Can you pull the microphone to you? It's -- make sure we hear you. Whallon: Yes. Thank you for the opportunity to share our proposal with you. As Caleb stated, this would be the third phase of the Regency at River View. The first two phases have been very successful and Bach saw the opportunity to purchase those two parcels that fronted along Eagle Road. They had self storage appropriated for that, but, then, thought that there might be a higher and better use of that property and so with that cross- access easement from River View they thought that a multi-family residential development on this property would make sense and they had good success with phase Page 16 Meridian City Council Item#1. October 19,2021 Page 13 of 33 one and phase two and they also felt that this building located right next to those existing phases and would be able to benefit from the amenities that were provided, the pool and the clubhouse and so we thought that really would relate well to the two phases that are currently improved out there. So, that's why they are before you today is to amend that DA from the storage units to allow this five story multi-family housing project. We think that, yes, there is some noise that is generated from Eagle Road, but we can use sound attenuation construction practices to attenuate or lower that sound presence as much as possible and we think that the presence of the building itself out on Eagle Road will be a member of the community and the neighborhood that will be a strong presence and it will look good from Eagle Road, from both citizens and people passing through. So, with that we think that this is an opportunity to provide an additional 134 units on the property, which would represent the highest and best use of the property with the access challenges that it has, as Mr. Hood stated. We recognize that we will have to go through a conditional use permit process, which will have a design review element associated with it. So, we are prepared to bring forward a building that -- that we can present as using materials that are aesthetically pleasing and durable. So, with that we support all of the staff's work and their recommendation of approval and I would stand for any questions that you may have. Bernt: Any questions? Strader: Mr. President? Bernt: Ms. Strader, is that you? Strader: Thank you, Mr. Whallon. Appreciate you coming before us. You know, what don't --this is a very preliminary plan. I assume it would look a lot like your other phases. but what I don't see here is any kind of green space in the middle. I understand it fronts Eagle Road. I don't know how realistic that is. But certainly here in this middle portion I think there would be some sort of an opportunity there. Did you have excess open space in phases one and two of your other projects that you feel -- you know, are -- help me understand how you are going to tackle the open space requirements and amenity requirements that we would normally ask for. Whallon: We -- we are looking at that and we know that a calculate -- Chair -- Mr. President of the Chair and Members of the Council, we recognize that there are open space requirements and that is something that we are going to address in the site plan. This was something that was generated with a good faith effort to meet all of the requirements. We are hopeful that there would be some form of flexibility to recognize that it's right next door to two phases that do have outdoor barbecue stations, a kiddie play area, that both in the water and dry land, swing sets and such. Pools. So, there -- there are some amenities in the existing phases that these people will benefit from, but we would like to green it up as well in the parking field and along Eagle Road. So, that is something that we do want to address. But we were hopeful that we could work with staff to come to some form of an understanding that if maybe we met at 85 percent of the standard of open space that the previous two phases could lend open space to make up Page 17 Meridian City Council Item#1. October 19,2021 Page 14 of 33 for that 15 percent or some kind of calculation like that. Strader: Mr. President? Bernt: Ms. Strader. Strader: So, that -- that makes me a little nervous personally as a Council Member, because I think it's important that we are kind of raising our bar on the standards that we are holding in the city and I don't have a whole package in front of me right now. Like can't see the open space calculation from your previous phases and I'm a control freak, everybody knows that about me, so it will go to Planning and Zoning, but it wouldn't come back before us and I'm a little bit -- don't get me wrong, I totally would rather have multi- family on a transportation corridor that looks greater than self storage, but I'm a little bit nervous that we are not seeing the complete package of information that we would normally see at this phase because of the way it's being done process wise. So, it's just something that I'm going to have to wrestle with. But that is a concern that I have. I think there might be an opportunity for you to put some kind of courtyard or something in the middle I would hope. I'm going to chew on that for a bit. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: Mr. President. Thank you, Mr. Whallon. Appreciate your presentation. And like Council Woman Strader, I -- I think this is a better use than -- than storage and I just want to find out actually from Mr. Hood, if you wouldn't mind, just to give -- we know the details aren't there, that if this were to be approved tonight that would move forward and you guys would look at it and that open space issue, just from a large picture where it's another phase of an existing development, is that doable to work things to make it work somehow? What -- because if there is going to be a lot of obstacles there, you know, that's -- that's kind of a tipping point. So, can you give us some general idea of how that might move forward? Hood: Yeah. Mr. President, Councilman Hoaglun. Yeah. I appreciate your last comment about, you know, a general idea, because I'm not exactly sure how we will move forward. We don't have the details in front of us now. But I can use some past examples of how this potentially could move forward and I was just rescanning Sonya's staff report and it does call it out, you know, the standards listed for open space and amenities will be evaluated and that's really where we start is this is looking at it as a standalone parcel that needs to comply on its own with those amenities. In the past, though, there -- we have allowed some of that transfer. Some of that, though, we do push back and say, well, that's a bait and switch. If you proposed 18 percent open space and now it drops down to 15 and you count it for this project, well, then, that's not the same project anymore that we approved previously. So, it is a conditional use permit and I think the starting point is comply on -- again, as a standalone phase, but with the conditional use permit there -- a case could be made that you have got the barbecue pits and the pools and those types Page 18 Meridian City Council Item#1. October 19,2021 Page —of 33 of things, so maybe there is an amenity package that is better than maybe the open space percentage, but it's a higher quality of, you know -- you know, maybe it's a tiered open space or something. I don't know what they are going to design, but I guess long story short is there -- there is a conversation that occurs and, again, with the conditional use permit there is some flexibility to say this seems appropriate for that development. But the starting point will be city code and we will expect going into it that this phase complies with the amenities and open space requirements. Perreault: Mr. President? Bernt: Ms. Perreault. Perreault: Caleb, because this is in a commercial zone is it still going to be required to have the same buffer between the highway and the residential as they would if it was residentially zoned? Hood: Yeah. Council President, Council Woman Perreault, yes. I'm just going to -- I want to double check to see if that is actually a development agreement provision. But, yes, it is not -- the landscape buffer on arterials is specific to the classification of the roadway, not based on -- on zoning. Perreault: Okay. Hood: So, let me just double check and make sure that's in here somewhere. But even if it's not it would still be a standard provision of code. I see the pathway. I don't actually see the 25 foot wide landscape buffer called out as I scan the DA provisions. But, yes, that will be a requirement. Nary: Mr. President? Bernt: Mr. Nary. Nary: So, Mr. President, maybe I just need some clarity from the applicant. What I thought the ask here was is to create a development agreement separate and apart from the recurrent Regency at River Valley. So, I'm not sure -- I'm not wanting to disagree with Caleb, but I don't know how we borrow somebody else's open space in a different development agreement that you are not bound to and they are not bound to provide you anything. So, I'm a little unsure how to craft that into a DA where -- it is another phase, but it's separate owners, separate agreements. There is nothing -- we would have to amend the other development agreement to require them to provide you cross use. Is that what you are proposing, too? Because I -- I don't -- I'm not totally sure in my head today how to make that make sense. I see what's written on your staff report, but I don't see how we get to where you are proposing to have a shared or borrowed or blended arrangement. So, maybe you could help me understand what you are thinking. Whallon: Council President, Members of the City Council and Mr. Nary, yes, so our Page 19 Meridian City Council Item#1. October 19,2021 Page 16 of 33 proposal is for this property to be released from the existing development agreement, go through the conditional use permit and develop another development agreement specific to this parcel. It was our intent to meet all of the standards and conditions of the zoning code for a multi-family residential development located within this district. In that event that we are struggling to provide that open space requirement for the code, that the code requires, we were -- would entertain the discussion with staff. Is there the ability to share some of these facilities. We did -- not that it matters to the City of Meridian, but we have a very successful project out in Nampa that we did just off of Garrity behind the Station. Shopping center. It's called the Station at Gateway on Happy Valley and Stamm Road and we just did a 110 unit phase two to that, because it just lends itself well. It's going to use the same access as the existing development does. The leasing will be done out of the clubhouse and all of the residents have the ability to come use the pool and the barbecue station. So, that is working in that instance. To say that would work perfectly here or not is -- is another discussion. But that was our intent to meet the standards standalone on this property. In that event where we fall a little bit short, they were hoping that by allowing these residents full access to all of the amenities that are provided in the existing phase one and phase two of the Regency at River View, that that would be found acceptable in that event that we asked for it. I'm not saying that we are going to ask for that. I'm saying that we are going to try to meet all of the standards and conditions of the zoning code for a standalone parcel. Nary: So, Mr. President, if I could follow up. I guess my question, sir, though, is once we craft a new development agreement you are -- you are no longer part of the other one and they are no longer a part of you. So, there is nothing in that agreement that requires them to provide you anything. No cross-access, no cross-shared uses, nothing and you will have your own agreement. So, I guess it feels a little premature to me without having some level of agreement and some modification to the existing Regency at River Valley development agreement that maintains that shared access, maintains that shared use and that way if you are close with that addition, it doesn't -- like Caleb said, it doesn't diminish the percentage to a significant degree for the other portion that's already developed. So, I guess it's not -- in my common experience I can recall where we did another phase with a different owner, that has its own independent development agreement, to somehow use some of the uses from the adjacent properties that are already developed. I don't know how we do that. So, to me it seems a little premature without some agreement from the first development, as well as some idea of what those shared uses are going to be for us to craft something at this point. I guess -- I don't think I can get there with you. Borton: Mr. President? Bernt: Mr. Borton. Borton: I appreciate legal counsel's comments. It's kind of spot on on this one. The concept has legs. I get what you are trying to do and why. But it's just not cooked, quite frankly, to make a decision. I think with the DA being the only time this Council sees it, those specifics will have to be there. You look at this project if it came in with phase one Page 20 Meridian City Council Item#1. October 19,2021 Page 17 of 33 and two it certainly would have questions on the connectivity to the amenities in phase one and two; right? You can clearly see there -- if you are going to walk to the pool, right, you got to get out, go through the parking lot, down the street and you can't -- the connectivity you would normally see admittedly is not there. So, to even contemplate waiving amenities through sharing, all of that would have to be ironed out in writing, part of the DA. None of that's done yet. So, if you could get there -- it's just not there and I don't think we could act on it. I couldn't support this as presented, just because of those uncertainties and Mr. Nary's -- he is spot on with that -- that guidance and caution. Just trying to be frank with some of those problems. Whallon: Mr. President, Council Member Borton, we are coming through the front door with the expectation that this parcel, even if it requires a redesign of what you are seeing here, we will meet all of the standards contained within development code for the City of Meridian. Does this plan today meet those standards? We are not sure. As Caleb said, we didn't do a full evaluation of the number of units, the amount of open space required, the landscaping. This was just a presentation of highest and best use, what would a five story apartment building fronting on Eagle Road look like? So, our in-house architects drafted up something. Did we have enough parking to provide for that? Yes, it looks like we do. So, it hasn't been finalized and it was our impression that going back through the conditional use permit process, that would be where the city, staff, and the Planning and Zoning Commission had the ability to review the project and ensure that it met all of the standards. So, what we have before you today -- we are not saying this is exactly what we will build, this was a visual representation of a multi-family housing project, instead of a storage facility on these two parcels. So, we wanted to excise it out, because the current approval is for storage on this property. The current development agreement. So, we just want to reel back the development agreement and not required those storage units to be built on Eagle Road and come back before the Planning and Zoning Commission, through a review from the staff, for a multi-family housing project, meeting all of the standards of the City of Meridian development code. Borton: So, would it be -- would it be accurate to characterize it like a phase one of one? Whallon: Yes, sir. Borton: And -- because I think your references to phase one and two of River Valley kind of maybe confused it, at least for me. That really what you are asking for is this is a standalone -- exclude any reliance on anything to do with property to the east. This would have all of the amenities, parking features, designed to be a truly independent singular project. Whallon: Mr. President of the Council, Council Member Borton, yes, that is correct. Borton: Okay. Hood: Mr. President? And if that's the desire of the Council, I mean you could make that explicit provision in here, right, that talks about it being a standalone project and that goes Page 21 Meridian City Council Item#1. October 19,2021 Page 18 of 33 to some of the previous discussion, too, about -- not that they couldn't have agreement amongst themselves to share those amenities, but it would have to be a standalone project on its own merits. That way if -- if this phase one of one is sold to someone else it still has all the required open space and amenities potentially. You could make that a DA provision. Nary: Mr. President? Bernt: Mr. Nary. Nary: I could ask one more question then. And I'm looking at the existing approved development agreement, Option A and B that Caleb showed previously. I don't see cross- access in the location that's shown on your newer drawing. Is there cross-access required in those two locations already existing in the River Valley one and two development agreement? Because, otherwise, you are only building your side of the gate, not theirs. If they don't want to put it -- if they don't want to put a gate there I don't have any means to stop them from doing that. So, they have to provide you cross-access, just like you would have to provide it to them. Whallon: Mr. President, Members of the Chair-- City Council and Mr. Nary, the ownership for phase one, phase two, and the proposed phase three is the same. Bach Homes owns all three and at this point as we develop this new property, phase one of one, at that point in time we could provide the amenities and an access, pedestrian and vehicular, to tie the two projects together and, then, put the cross-access easements in place. So, that's something that is still within our ability and capacity to do as the ownership of all three parcels would be under the same ownership. Nary: So, I just want to be clear of what the ask is then. You are asking ultimately to amend the existing development agreement to maintain cross-access, as well as require cross-access on the new piece? Whallon: If -- I don't see any reason for us -- we are going to lease probably out of the existing clubhouse, so there has to be some form of cross-connectivity between the phases. So, they didn't anticipate this phase when -- when they constructed phase two. They thought that was going to be the terminus. So, I think that with this new phase three or phase one of one, tying the -- the projects together as much as possible would be beneficial. That way people can -- can go between the phases without having to go out onto River View, they could just stay within the development and that would be easier both for the residents of the development and on the community's transportation system. Nary: So, Mr. President, Members of the Council, again, I'm not trying to take over the conversation here, but -- so, when the original approval was done for the storage units, it was very clear to the city by the property owners -- by Bach, I guess, or River Valley, they did not want vehicular cross-access. They only wanted pedestrian access and that's it. And that was very limited. Because it was storage units. So, for security and such. So, there was no -- there was no vehicular access. That was not limited, because it was only Page 22 Meridian City Council Item#1. October 19,2021 Page 19 of 33 the storage unit. That has to remain for this to work and so we will have to amend the existing one. We can't just take you out completely. We have to amend the one that exists, as well as create a new one for this parcel and if you are the property owner of both, that's fine, we could do that, but I wanted to make clear if that's what you are asking, that's what we have to have. Whallon: Yes. Mr. Mayor, I would like to just elevate the point that when they were viewing it as a storage unit they wanted that as separate properties and now that they are looking at, hey, this makes sense for a residential development, a third phase or phase one of one, that ties in and relates to the existing, the attitude or the thought of connectivity changes at that point in time. Bongiorno: Mr. President? Bernt: Mr. Bongiorno. Bongiorno: Mr. President, Council, also -- and Mr. Nary, when the storage building was going to be they -- they were required to have secondary access and this building will definitely require secondary access. So, they are going to have to have something to get a secondary access to the building. So, it's going to be required by me. Perreault: Mr. President? Bernt: Ms. Perreault. Perreault: Can I change the topic just a bit? I'm pretty familiar with Regency and kind of how vehicles move through that. It's not the smoothest and the entrance -- the main entrance for -- for Regency is -- is odd and, in my opinion, not exceptionally safe. So, now we are going to add an additional three to four hundred vehicles. If you have two per unit, let's say, that are going to be using that same entrance to come into this whole complex. Am I understanding that correctly? Whallon: Mr. President, Council Woman Perreault. Perreault: Perreault. Whallon: Perreault. Sorry. This has a new access point that was closer to the mattress store and the proposed drive-through restaurant. That will be their main access point to this phase and so it will be a new access point that they are using, not the existing one that -- that you mentioned that struggles. Perreault: Is -- is that a right-in, right-out only or -- Whallon: It would be a right-in, right-out only. Perreault: Okay. So, if someone's coming and wants to turn left -- left from -- I can't Page 23 Meridian City Council Item#1. October 19,2021 Page 20 of 33 remember the name of the street that runs to the south here off of 55. They are going to have to still go into the main entrance; correct? Am I -- am I understanding that correctly? Whallon: I think they would have to travel east on River View and -- Perreault: Correct. Whallon: -- do a U-turn to come back and -- yes -- yes, into the property. Perreault: Okay. Bernt: Any other questions for the applicant? Cavener: Mr. Mayor? Or Mr. President. Bernt: Mr. Cavener. Cavener: Is it Mr. Whallon? Whallon: Yes. Cavener: Appreciate kind of you walking us through this. I want to touch on I guess one other subject. One that's giving me a little bit of pause and I'm sure you reviewed the staff report and all the agency letters and so the letter from West Ada School District is always kind of one of the first places that I go and look and I know that they use a very generous calculation for multi-family. Even so, I think where they--this would generate maybe they assume 14 additional students and that doesn't sound like a lot, except for when we have got a high school that's already significantly overcapacity and I'm -- I'm always sensitive to -- if we know a school is over capacity, why would we start looking at another residential unit that would only add more students? Can you help walk through why this project meets that high threshold of adding more students to an already taxed high school? Whallon: So, Mr. President, Members of the City Council, I think that there is a change in demographics and single family homes generate -- you know, families want to live in single family homes. People that choose to live in an apartment complex typically are -- maybe they are waiting a little bit longer to get married. Maybe they are waiting a little bit longer to have children. But 134 units in a multi-family housing project will not generate the number of students that 134 single family homes will generate. So, in this instance it's 134 units, but the people that are choosing to live in this environment are the people that are waiting longer to get married and waiting longer to have children. Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: Mr. Whallon, that may have been true in 2005 or 2006, but -- and maybe that's Page 24 Meridian City Council Item#1. October 19,2021 Page 21 of 33 how it is in Draper, but in Meridian we are seeing a lot of single families that are living in in multi-family projects and -- and clearly at least your sister property anticipated that because there is pools and playgrounds, amenities not just for -- for single people, but for families and so I will just be -- I think for a lot of the reasons that we have heard tonight I'm struggling with this particular piece and I think it's added on top of it that we have at least got at least one school that's already at capacity. It makes me at least take pause if this is -- I know you said it's the highest and best use. I guess I haven't got to that same conclusion yet. Perreault: Mr. President? Bernt: Ms. Perreault. Perreault: I apologize, I really do want to revisit the access conversation, just -- Mr. Nary leaned over to me and encouraged me to ask Caleb if he would, please, pull up an aerial view of Regency one -- phases one and two and how the vehicles would flow through. This is -- I think this is critical as we are discussing any kind of requirements we would put into a DA. Whallon: If I may as Caleb is pulling that up, I may have misspoke that this would be a right-in, right-out only. I'm not sure of the spacing requirements that ACHD would require of this and so there could be the possibility for it to be a three-quarters movement, right- in, right-out, left-in, which would lend itself well to that coming from Eagle Road, being able to make a left hand turn in. Perreault: Mr. President? Bernt: Ms. Perreault. Perreault: That River Valley Street already has a barrier there, so I'm pretty sure it's -- it's likely going to be a right-in, right-out. I can't say that unequivocally-- unequivocally either, because I'm not the highway department, but there already is an existing barrier that you can't make a left -- make a left turn on. But I don't know exactly what would be -- and maybe this is a question for staff. What would be the appropriate request to make of an applicant to show the safety factor of using the -- the entrance for the other -- the other part of the development, if we -- if they are going to in some way be tied together with access through the DAs. I don't know what it is we would ask to show that safety factor. I just know my own personal experience, having spent time in there, it's -- I would have a hard time adding that many more vehicles coming through how it's currently being accessed. So, I think the staff is possibly bringing something up for us. Hood: Sorry, Mr. -- Mr. President, Council Woman Perreault. I got some of the labels, can't figure out how to get off. So, you will have to bear with me a little bit. But here is the existing -- oh, sorry. Sorry. I'm out of practice. Thank you. All right. You don't see that now? So, here is the existing -- the Regency project phases one and two. Here is the site that we are talking about this evening with the existing access point. We can Page 25 Meridian City Council Item#1. October 19,2021 Page 22 of 33 zoom in to the center median there today -- and, again, that was part of the conversation. I heard some of it while I was looking up the map. I think that's -- some of that is still to be determined by ACHD. They will look at the stacking. I mean that's something -- if we are going to allow left's in here you got to have a stalking and I think you are getting pretty close to the intersection here. So, there may be an opportunity for a left out of the site. I'm not a traffic engineer, but I don't see a left-in probably working in this location. So, Mr. Whallon mentioned a U-turn. You could potentially do a U-turn or as we have been talking about could come through their project and -- and up. I can zoom in and out however far you would like me to go. The safety concern that you have, I did not pull or ask police to look in their database to see if there had been any crashes. You know, I do see -- again, I live near this area. There is pretty high pedestrian traffic, obviously, at this intersection driveway, with the co-op and some of the shopping and the rest of The Village there. I do not know -- this has not come to our attention at the Transportation Commission in the past couple of years. There was a request a few years ago -- a couple few years ago to put a crosswalk here, but the volumes -- at that time ACHD did not warrant that and there is not one there today. There is multiple questions there and I don't feel like I have touched all of them, so if you could, please, tell me where you want to zoom in or out to or what you -- what else I can address that would be appreciated. Borton: Mr. President? Bernt: Mr. Borton. Borton: Maybe you mentioned -- to compound it, do I recall that the Eagle Road access just south of the Great Wall goes away when there is that connectivity? Hood: Correct. Borton: Yeah. So, that funnels that through this as well. Perreault: Mr. President? Simison: Ms. Perreault. Perreault: If I might recommend when -- when you come before us again, because I anticipate this will be continued, if nothing else than to change the application to address the issues with the DA. That -- that potentially the property managers that are on site there can come and have some discussion with us about the flow of traffic through the project. I have driven through here -- I don't even live in the area, just know people that live in there that where there has been vehicles that have backed out into the -- the drive aisle because of how the parking is designed. There is a lot of turns. You kind of wind through here and there is some blind corners and whatnot and so I just -- I have concerns from a pure practical standpoint about putting 139 more units in that allocation and having them all be accessed through the same existing access that the -- the current property has. Page 26 Meridian City Council Item#1. October 19,2021 Page 23 of 33 Bernt: I appreciate the comments this evening with -- from Council. I -- the dialogue has been great. I appreciate the presentation. Staff did excellent job. For me personally -- and this is -- this is a tough ask. I don't -- I don't -- I don't disagree that what you are proposing isn't the highest and best use for this property. My number one concern is access, especially with the amount of traffic -- the amount of units that you are going to be building. I just don't know how you overcome that. Anytime when you have to do a semi U-turn to get into the main access point to your property causes me to pause, frankly. So, I don't -- I don't mind continuing this, but that's -- that's where I stand right now. But, you know, we are probably a little bit premature offering our guidance and --without taking public comment. So, maybe it's time to see if there is anyone online or anyone that's available here at City Hall to offer any public comment. Ralph? No? Johnson: Mr. President, there was someone signed in in person, but I don't believe he is here any longer and there is nobody online. Bernt: Okay. No public comment? Okay. Back to you. Whallon: So, Council President, Members of the City Council, I appreciate your comments and for what I have heard is that we need to ensure that there is a buffer along Eagle Road, that there needs to be open space at the amount required by code. Also cross-connectivity between the existing two phases, which would amend the existing DA that would allow provisions for -- at a minimum pedestrian, if not vehicular cross-access between the phases to be a requirement of the property and I think you would also like to hear from the property managers on how access in and off of the property is conducted and so I'm prepared to -- if we would continue this to come back with answers to those questions. Bernt: Sounds good. What -- what day would you prefer? Whallon: Well, I live in Boise, so any -- any Council meeting that you guys would like to have us back. I think that we can get to work on this and we can have visual representations done in two weeks time. I don't know if that's too quick to come back or -- we are at your leisure. We would come back -- whenever you would make time for us we would come back as soon as possible. Bernt: I think that -- I think that wouldn't be a terrible idea. It's just a matter of what that looks like for our staff to be able to create new -- new information for a presentation. So, I'm going to punt to Caleb to see what that looks like for him and, then, we will make a decision. Hood: Yeah. Mr. President, I appreciate that. Honestly, I don't know how much of what Mr. Whallon -- how he just summarize that -- what you expect staff to do with that information, if anything. So, if you would like us to take that and address that or just him present that to you without -- without staff's input -- if -- if us, then, we typically do need 15 days from when we receive that information to write up the memo to get it into the packet. So, I would prefer -- Page 27 Meridian City Council Item#1. October 19,2021 Page 24 of 33 Bernt: And I think Council would be in agreement that we would want you to be involved and you would -- we would want you to craft something that would be in our best interest and so we are looking at an open date of 11/16 and we do have one public hearing on the 23rd and so -- of November. So, what does that look like for you, Caleb? Is that enough time? Hood: Again, if two weeks and, then, another two weeks for us to analyze that. So, roughly a month. I didn't -- I don't have a calendar in front of me and I -- I heard your dates, but I wasn't -- I mean we are right around Thanksgiving anyways; right? I don't know what the -- I don't know what the clerk has on those agendas, but we can make that work. Bernt: So, I -- I would -- I would entertain a continuance to November 23rd from a member of Council. Perreault: Mr. President? We take public comment at -- at that hearing as well? Bernt: Yeah. It's still open. Perreault: I move that we continue file number H-2021-0059, to the hearing date of November 16th? Is that correct? Bernt: Or the 23rd. Perreault: November 23rd? Bernt: I would prefer the 23rd. Perreault: Okay. So, that the applicant can provide additional information to us that was previously stated. Bernt: I have a motion. Do I have a second? Borton: Second the motion. Bernt: I have a motion and a second to continue this application to 11/23. Any discussion? Borton: Mr. President? Bernt: Mr. Borton. Borton: Part of that process in prep for that hearing, I think it would be really helpful -- you probably already planned on doing so, but to coordinate with city legal counsel and have some of those specific DA provisions lined out. I know there is a lot of moving parts, but this one's a little unique. So, that would make it more productive. Page 28 Meridian City Council Item#1. October 19,2021 Page 25 of 33 Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: Question for Mr. Nary. I was wondering how far along that DA process can they go or is it just points that these will be placed into the DA or are we actually going to look at a DA? Nary: So, Mr. President, Members of the Council, Council Member Hoaglun, we wouldn't have a DA prepared yet. We don't really do that until there is findings to work from. But we certainly can have a conversation with either myself or one of my other deputy attorneys on what language we think is necessary. I think we have kind of spelled out a little bit tonight. Again, we need that cross-access from both sides. We need to make sure -- it appears there is only one access point currently. So, we need some assurance that that's going to remain and, then, also that if there is going to be the potential agreement between phase one and two and phase three for shared use of facilities, then, we want that also spelled out, because that would have to be in both agreements as well. So, I think we can talk about language and, then, we can get more into detail, but we need to at least get the concept down. Bernt: All right. I have a motion and a second on the -- on -- on the table. All those in favor signify by saying yes -- aye. Any nay? It looks like the motion passes. Thank you. MOTION CARRIED: ALLAYES. 19. Public Hearing for Hatch Industrial (H-2021-0026) by Hatch Design Architecture, Generally Located on the East Side of N. Linder Rd. and the North Side of W. Franklin Rd., South of the Railroad Tracks, and at 160 N. Linder Rd. A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 42 +/- acres of land from Mixed Use — Community to Industrial. B. Request: Annexation of 1.59 acres of land with an I-L (Light Industrial) zoning district with a request for City Council approval of a reduced buffer width to residential uses from 25 feet to 5 feet. Bernt: Moving on to Item No. 19. We have a public hearing for Hatch Industrial. That's item number H-2021-0026. Turn the time over to the staff. Hood: Me again, Mr. President, Members of Council. The application you have before you for this project is actually twofold. There is the Comprehensive Plan map amendment and an annexation. Just a quick side note, because the last time I presented to Council I also had a comp plan map amendment. There is actually one more in the queue. We talked about that last time. So, this -- these were all submitted by that June deadline, but Page 29 Meridian City Council Item#1. October 19,2021 Page 26 of 33 they have kind of gotten stretched out with continuances and things through the process. So, there is still one more off a Locust Grove that was approved I think last week, the week before, by Planning and Zoning, so you will see that in a few more weeks. But we did group those and looked at them all concurrently, but they are on different tracks and so just, again, a quick side note there. So, the -- the two applications include about a 42 acre comp plan map amendment and, then, an annexation and zoning of approximately 1.59 acres of land that's currently zoned R-1 in Ada county. So, the -- the properties are located, as you can kind of see here, on the east side of Linder Road, north of Franklin, south of the railroad tracks. So, here is the railroad track. So, it is all the properties with frontage on Linder Road between Franklin and the railroad tracks. There are some existing businesses in here. Childcare facility. Awoman's birthing center. Some -- some vacant parcels and, then, some single family homes kind of along that frontage there. On the other side you can see this -- Hoaglun: Caleb, sorry to interrupt, but -- Hood: Not showing it. Hoaglun: -- we are still on the -- Hood: Please -- yeah. Stop me earlier. I'm sorry. Hoaglun: We are just trying to have you practice more and get back into the rhythm. Hood: Well, hopefully, I painted a nice picture. Linder Road. Railroad tracks. Franklin. That's where we are at. Bernt: Isn't there a song about rhythm? Hood: All right. Sorry about that again. So, all the properties are, again, located between Franklin and the railroad tracks. On the other side of the road is our existing industrial type of uses. So, you have autobody repair, storage, some other, again, industrial type users on the other side of the road and, then, again, on this side of the road there are some existing businesses on -- along the frontage and -- and the MUC is actually shown on -- on the middle graphic, the future land use map graphic. You can see it better in the aerial, I guess, the existing warehouses and industrial buildings. So, this frontage is really kind of sandwiched in between two industrial -- ones more of a park and the other one is just more standalone complexes, I guess, for lack of a better term there. I do want to point out, again, Comprehensive Plan map amendment and annexation, but the annexation is only for the 1.59 acres. The roughly 40 acres that are left this -- any action tonight will not change the zoning for any of those properties. So, they are what they are and would require a future application to change any of those. Again, the comp plan map amendments to go from MUC or mixed use community to industrial. The concurrent application is for annexation to I-L. So, again, industrial on the 1.59 acres. And move this a little bit. Which is kind of in the middle of that overall -- that overall site. So, you can see that a little bit here on the zoning map. The two parcels -- there, again, roughly Page 30 Meridian City Council Item#1. October 19,2021 Page 27 of 33 halfway in between Franklin and the railroad tracks. So, these are the only two parcels that are proposed for the annexation. All the rest of them are subject to the comp plan map application. The applicant did submit a conceptual development plan and, again, I'm going to use some similarities to the last project, although different. A conceptual development plan shows roughly a 20,000 square foot industrial building, with some potential warehouse and flex space. Again, same thing, this would be subject to all current city codes and standards for design review, certificate of zoning compliance if approved in the industrial zone. We didn't -- we did not receive and they are not required -- conceptual building elevations. So, we haven't done that review on the structure itself. But they would be required to comply with the architectural standards manual after zoning to industrial. A little bit more that's shown on this plan. There is a 30 foot wide utility easement on the -- on the east side of this property for Idaho Power. There is the parking that would be necessarily -- would be necessary for the project. Obviously, one access point to Linder. I will point out they are showing cross-access and staff is supportive of that. So, we can limit access points to the arterial roadway. Linder as well. So, appreciate that. The cross-access is shown and, again, there is a development agreement provision that requires that. I will also note the last --the last thing I have to note is that the applicant is requesting some relief from the standard 20 foot -- 25 foot wide landscape buffer requirement between industrial. So, this is zoned industrial. There are two residences north and south of this property. Still zoned in the county, but they are existing residences and our code would require a 25 foot wide buffer between those uses to an industrial -- on an industrial property. They are proposing requesting that you approve tonight five feet on either side. They have submitted letters of support for that request from each of those adjacent property owners. So, from the north Mr. Reimer submitted consent and to the south Mr. Olson submitted consent. So, if you want to look at DA provision D on page 12 of the draft staff report for the development agreement, it calls that out, but would request, if you are so inclined to approve that reduction in landscape buffer, our code does require that you take specific action on that. So, if you could make in any motion for approval -- address the landscape buffers anyways, that would certainly help. And I know that Mr. Jeff Hatch is here this evening, so I think I will stop there and he can cover any gaps I may have made in the presentation. But, Mr. President, I will turn it back to you. Bernt: Thank you, Caleb. Any questions for staff? Perreault: Mr. President? Simison: Ms. Perreault. Perreault: Caleb, I -- for some reason this -- I was having a hard time wrapping my head around some elements of this. So, the application for the annexation, if that's approved, then, essentially, the applicant could just submit for a building permit. I mean they wouldn't need -- there isn't anything else that would need to be done; right? So, the request for the reduced buffer being -- being made with -- without actually knowing the function of the space -- legitimately knowing the function of space, because right now it's all completely conceptual and how do we -- like give us some guidance here on how to Page 31 Meridian City Council Item#1. October 19,2021 Page 28 of 33 make that consideration? Because even if the current residents that live there are approving it, you know, if -- if the applicant uses the building for something that's a more intense use than what they are describing here and we have approved this five foot buffer for these residences, I mean how do we -- help us understand how to kind of think through that I guess. Hood: So, Mr. President, Council Woman Perreault, I think that's a legitimate concern. I guess I would say -- and, again, I'm not Sonya, so I don't know if this went into all of her analysis or not, but I do think there is a high probability that these other parcels will redevelop in the near future and so the requirement for the 25 foot buffer will someday no longer be needed, because you are going to have industrial to industrial to industrial and some of those residents will -- will, again redevelop. I didn't note, but I'm sure most everyone -- if not everyone knows that Linder Road in this area was -- was widened and it's got curb, gutter, sidewalk now and a very nice corridor that can accommodate larger vehicles and larger trucks and so, again, I think it's one of those areas where we do want some more industrial in the city. It makes a lot of sense to have more industrial. We are not trying to push the homes out necessarily, but when the existing homeowner says we are okay with a five foot buffer there, you know, I don't -- I don't know that that's your concern. If we have that property owner saying, yep, we are good with five feet, it is there for their benefit and I don't think it benefits the city or anyone else in the public to have a wider than that buffer. But there is some risk, to your point. They could sell and someone else wants to live there for another 20 years and you are -- and they are stuck with a five foot landscape buffer, so there -- I guess to answer your question there is some risk. I can't remove all of that -- the questions in your mind. This could be a more intense -- it could be more intense than warehousing and flex space. So, again, there is some potential for nuisance in this location. But, again, when we get letters from those property owners I tend to go, okay, well, you understand you are getting a five foot -- one more -- sorry. One more -- one more point to that. It does not reduce the setback requirement. So, it can only be the parking up to there. They couldn't put the building within five feet. So, the building would still be 25, 30 feet, whatever that -- whatever that setback requirement is. So, I don't know if that helps or not, but there is a little bit of separation anyways from those uses. Bernt: Anymore questions for staff? Seeing none, we will invite the applicant to come up and hear from them. Hatch: Jeff Hatch with Hatch Design Architecture. Address is 200 West 36th Street, Boise, Idaho. 83714. Good evening, Mr. President and Council Members. Thank you for your consideration of our annexation application this evening. I do have a presentation. Can everybody hear me? Okay. Sometimes I stand too far back. I just want to make sure, so -- Johnson: Keyboard. Not the mouse on that. Hatch: Caleb did a great job kind of recapping the project, but we wanted to just clarify again at our P&Z hearing was a gentleman there that was thinking we were annexing his Page 32 Meridian City Council Item#1. October 19,2021 Page 29 of 33 property, because it was involved in the future land use amendment, so I just wanted to clarify that the two subject properties would be annexed. The balance of it is just an overlay modification of that future land use map amendment. With that we have currently the Cream Line Industrial Park to the east. We have railroad tracks to the north and we have a range of industrial uses to our direct west, as well as an irrigation canal to the south. So, just kind of zooming in a little bit, you can see -- you know, we are kind of surrounded by similar proposed uses -- industrial uses, you know, mechanic and flex spaces and things of that nature in this area. Some larger and some smaller. You know, the -- the request for the reduction in the setback that Commissioner Perreault had some questions or concerns on, I would like to elaborate a little bit. To achieve what -- what staff wanted us to provide to justify that reduction took us about 12 months. Just prior to our P&Z hearing, the date of the Planning and Zoning hearing, the gentleman to the south happened to be in town at Cabela's. He's building a house remotely in some place that doesn't have cell phone reception or e-mail in Idaho and we just happen to catch him and the property owner of this subject application ran down, met with him, clarified the intent, kind of -- he was like, oh, yeah, I remember these e-mails and things and thanks for meeting with me. And so we were able to achieve that -- that signature, as well as the one to the north. You know, a couple public hearings on -- on this -- or neighborhood meetings on -- on this proposed project and, you know, with that I wanted to make sure, one, we have the buy in from the adjacent neighbors that are directly affected, but, two, when the properties to the north and south are developed, we are still going to be maintaining the setbacks and the landscape buffers required for the industrial zone and so just kind of looking at, you know, achieving, you know, the concerns of the neighbors now, but achieving the concerns of the city as these parcels are developed in the future. The proposed project and the application and some of -- and just for clarification we did provide a floor plan and conceptual elevations that staff recommended be kind of tied to this application, so that we don't have, you know, just a general idea out there, we have a proposed project and something that goes with this approval as far as documentation of what our intent is and so we have a multi-flex building proposed. It would be industrial in nature, but we do have more of a street presence or retail on the frontage and, then, kind of a large garage space for -- for multiple uses to each of the -- those businesses. So, with that the proposed elevations that have been provided showcase a concept of something that's a little bit more retail in nature towards the street. So, we have a lot more glazing that you would see across the street or in the tilt-up buildings elsewhere. Something that's going to raise the standard of industrial buildings along this corridor. So, you know, as the balance of it is built out along Linder, hopefully, we are kind of helping set that standard and that bar for the City of Meridian. With that I will stand for any questions. Bernt: Any questions for Mr. Hatch? Ms. Perreault. Perreault: Which of -- I imagine that you came forward with the comp plan map amendment -- in talking with staff probably city saw that as an opportunity to -- to bring that forward. I don't know what the -- the owners of those other parcels -- what their involvement has been in this process, but has there been any conversation with any of the neighbors as you have gone through this in terms of -- if there -- if there is going to be Page 33 Meridian City Council Item#1. October 19,2021 Page 30 of 33 industrial development, future development -- there is some county parcels here, some -- some that are already annexed -- how that would play out? Some of these parcels aren't very big and I would assume that some of them would have to be -- that there -- that some of the parcels will have to be purchased by the same owners to come forward with request for projects. So, are they -- are most of them an acre or less and -- really what I'm trying to get at is we look at changing the comp plan amendment. Is it even possible for these to become industrial use, just based on how they are owned, how they are currently divided in parcels, and maybe that's a question for staff as well. Just generally is it possible to even -- to practically make these industrial -- make this an industrial area with those current factors? Hatch: Caleb, could we go back to the overall -- this new map that I had in my presentation? That might be helpful for this conversation. While he's pulling that up -- so, in our particular case we merged two parcels to be able to do a fairly large double tiered industrial building. If you took our concept and just did it with a single row, you could achieve that on the same size parcels on either side. You would reduce the -- the width -- or the depth of those units that we are looking at. We take the same building, split it in half and reduce it by ten feet on each side for the depth of those units, you could do this within the property with a lot line adjustment on these two parcels. So, the parcel to the south of the -- on this proposed parcel could easily achieve industrial building, just in and of itself. The one on the north in that particular case of the parcels that we were just talking, would be a little bit more problematic. So, if we go back to the balance of the parcels in question, the one directly north of us could be achievable. The one on the far north could be achievable. Some of the ones in between may need to be merged over time and in many cases some of those are owned by the same property owners. So, I think there are ways to that. You can see to the very northwest there is an industrial building right up against the train tracks, which is comparable in size to some of the other parcels that are subject to the one in question. Hood: Mr. President, can I build on that answer just a little bit if you don't mind. Maybe I'm picking it up from Chris a little bit here. Let's see. So, if you look on the screen now you can see --this is kind of the other piece of that puzzle -- back to the potential to rezone or redevelop the properties -- the properties that have the call outs there have all consented to the comp plan map change. The other three we haven't received anything, but they haven't opposed it. So, we have a vast majority of them that are interested to some degree to redevelop their -- their properties with industrial uses. Hatch: Just to clarify on that, the far northern parcel came to the P&Z hearing. We did discuss with him in person. He was like, well, okay, it seems like it's better, because right now what I'm working on next to a train track doesn't make a lot of sense. So, it seems like it's cleaning up stuff for me as well. He didn't have any opposition at that hearing. Bernt: Anymore questions for the applicant? Mr. Clerk, do we have anyone online or is there anyone here present in City Hall that would like to make public testimony? Johnson: Mr. President, nobody online. Page 34 Meridian City Council Item#1. October 19,2021 Page 31 of 33 Bernt: Ralph, I'm going to give you a second option. Ralph says no. Okay. Speak now or forever hold your peace, Ralph. Okay. Changed his mind. All right. Any last questions from the applicant? Oh, sorry. Strader: I just want to double check if Kyle had something for Public Works -- or hopefully Kyle is not waiting for me, because I just sent him an e-mail. Oh, my God. I'm so sorry. I have been trying to e-mail you not to wait for me. This could go forever. Who knows. Hopefully not, but -- Bernt: No? Strader: No. Bernt: Okay. If you would like to come up and finish, Mr. Hatch. Hatch: I thank you, again, for your questions and concerns for this project and Meridian just went through a Comprehensive Plan a couple of years ago and so we don't take these requests very lightly. During that there was a lot of concern with growth, especially on housing. One thing that I felt was, you know, kind of sidelined a little bit was the -- the evident need for industrial land in Meridian. At that time we presented to Council a separate project, but similar incident. Happened to be kind of a -- an over look at the parcels that looked good for -- for light industrial. In that case, you know, the thing you can do every ten, 20 years is request the Council direct. In this case went through the application process to make the same. I think this involves the immediate neighborhood quite a bit more. It's a more intimate process for the rezone and I think it in this case helped encourage coordination with that local neighborhood to make sure this was an informed decision. Thank you. Bernt: Thank you. What's the pleasure of Council? Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: I don't have any other comments or questions, concerns, so I move we close the public hearing on number 19, Item H-2021-0026. Strader: Second the motion. Bernt: I have a motion and a second to close the public hearing for Item No. 19, H-2021- 0026. Any discussion? Any discussion? All right. All those in favor for that signify by saying aye. Perfect. Motion passes. Okay. MOTION CARRIED: ALLAYES. Cavener: Mr. President? Page 35 Meridian City Council Item#1. October 19,2021 Page 32 of 33 Bernt: Mr. Cavener. Cavener: I want to commend Mr. Hatch. Appreciate -- nice seeing you first off. Appreciate you being here before us and just commend you on your work and engaging the neighbors and kind of being proactive on that. I think that's probably one of the reasons why we had an empty chambers tonight. So, unless there is any debate or discussion, I'm happy to move that we approve Item No. 18, Regency River at Valley, Item number 2021 -- oh, sorry. Sorry. That's -- reading the wrong one. Sorry, folks. Item 19, Hatch Industrial, H-2021-0026 as presented, including all staff and applicant testimony, including the request to reduce the landscape buffer to residential use from 25 feet to five feet as referenced in the applicant testimony. Bernt: I have a motion by Mr. Cavener. Do I have a second? Perreault: Second. Bernt: Second made by Ms. Perreault. Any discussion on the motion? Perreault: Mr. President? Bernt: Ms. Perreault. Perreault: I echo Councilman Cavener's statements. We do need that industrial and our economic development department has -- has looked and searched long and hard for places for us to bring that into the community. So, thank you for the work that you have put into allow us to -- to partner with us to do that. Really appreciate it. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: Real quick just -- yeah. This is an area in transition. We know which way it's going. It's going industrial. It's always great to put more industrial property into Meridian and I want to thank you, Mr. Hatch. I really like the design of that look. You have got that building, the length going back and more glazing along Linder Road, which -- which is an important corridor and it's very nice looking. So, appreciate that effort that you put into it. Bernt: I echo the sentiments of Council as well. Thank you, Mr. Hatch, for your diligent work. All right. We have a motion and a second on the table. All those in favor signify by saying aye. Any nay? Motion passes. Thank you. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Bernt: Last item of the evening. Future meeting topics. None? Okay. Page 36 Meridian City Council Item#1. October 19,2021 Page 33 of 33 Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: Perhaps maybe just a conversation, either as a future meeting topic or a conversation for you with the Mayor, just outlining our policies and procedures about the public comment portion of our meeting. I think -- I think we all got a letter from a citizen who tried to testify tonight and was a little frustrated or confused about what that process is. Just so it's transparent and consistent, so that those that are planning to comment they are planning to be here right at the meeting, that there is a pathway for them to sign up in advance and maybe even a grace period, so that if they get here right at 6:00 they have the opportunity to provide that feedback. Bernt: Point taken. Thank you. Anyone else? Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move that we adjourn. Cavener: Second. Bernt: I have a motion and a second to adjourn. All those in favor signify by saying aye. Aye. Motion passes. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 23 / 2021 MAYOR ROBERT E SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 37 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 5, 2021 City Council Work Session Meridian City Council Work Session Item#1. October 5,2021 Page 19 of 19 Simison: Councilman Borton. Borton: As to Item 14, 1 move that we approve the community match agreement between the City of Meridian and JST Manufacturing as presented regarding the Idaho Tax Reimbursement Incentive in the amount of 27,000 dollars. Bernt: Second the motion. Simison: I have a motion and a second to approve the agreement. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The agreement item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Now do I have a motion? Bernt: Thank you, Chris, for that reminder. I forgot. Mr. Mayor, I move that we at this time for sure, one hundred percent, adjourn the meeting. Simison: I have a motion to adjourn the meeting. 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 5:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10-19-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 23 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 5, 2021 City Council Regular Meeting Meridian City Council Item#2. October 5,2021 Page 9 of 9 Johnson: Thank you, Mr. Mayor. It's an ordinance amending Meridian City Code as codified a Title 11, pertaining to landscape and common open space and site amenity requirements in Chapter 3; multi-family common open space design requirements in Chapter 4; and various other amendments to Chapters 1-5 and 7; providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read it in its entirety? Seeing none, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1950 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1950 under suspension of 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: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Simison: I have a motion to adjourn the meeting. All in favor signify by aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:16 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10-19-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 33 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Apex Southeast Subdivision No. 1 Full Release of Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2021-152773 BOISE IDAHO Pgs=1 CHE FOWLER 10/21/2021 11:12 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0112 Apex Southeast Subdivision No. 1 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: DWT Investments LLC and SCS Investments LLC,INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated August 24, 2021 and recorded as Instrument Number 2021-126677 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation,over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 19th day of October ,20 21 CITY OF MERIDIAN Robert E.Simis M o 9-2021 Cl`! 1�)A est by Chr Johnson;"Cty CAI �" 10-19-2021 r STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-19-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary CHARLENE WAY SignatureM Commission Expires: 3-28-2022('h COMrMSSION#67390 Y p NOTARY PUBLIC STATE OF IDAHO PAY COMMISSION EXPIRES X28I22 Version 01/01/2020 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Detached Baron Black Cat Pedestrian Pathway Easement ADA COUNTY RECORDER Phil McGrane 2021-152774 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/21/2021 11:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0116 Detached Baron Black Cat PEDESTRIAN PATHWAY EASEMENT 'THIS AGREE>MENT, made this 19th day of October 20 21 . between BLACK CAT APTS LLC hereinafter referred to as -Grantor". and the City 01' Meridian, an Idaho municipal corl�crration, hereinafter referred to as*'Grantee WITNESSETH: WHEREAS, Grantor is the owner of'real property oil portions of which the City of Meridian desires to establish a public pathway;and WHEREAS. the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions ofthe pathway;and WHEREAS, Grantor shall construct: the pathway improvements upon the easement described herein; and NOW, THEREFORE,, the parties agree as follows: TEIE GRANTOR does hereby grant unto the Grantee an easement oil the following property, described on Exhibit "A" and depicted on Exhibit "IF attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation. with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its Successors and assigns forever, 'FHE GRANTOR hereby covenants and agrees that it will not. place or allow to be placed any permanent structures, lives, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use oi'said easement. for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED. by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of or lie within the boundaries of any public street. Pedestrian Pathwav Easernent REV.01,/01f2020 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF 1BAH ) IN10rada ) ss County of A4& ) ir,+r This record was acknowledged before me on oc6e-4 aQdla4e) by (name of individual), [complete the following if signing n a representative capacity, or�ke the following {f signing in an individual capacity] on behalf of RIA&C-*.tVt5 IL L (name of entity on behalf of whom record was executed), in the following representative capacity: ,ey (type of authority such as officer or trustee) (stamp) MELISSA JOY NotarySignat NOTARY PUBLIC M Commiss'on X r S: I� �v a STATE OF COLORADO y NOTARY ID 20194031189 MY COMMISSION EXPIRES AL49WT 15.2023 Pedestrian Pathway Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-19-2021 Attest by Chris Johnson, City Clerk - -2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-19-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV.01/0 1/2020 EXHIBIT DESCRIPTION FOR DETACHED BARON BLACK CAT SUBDIVISION CITY OF MERIDIAN SIDEWALK EASEMENT A portion of the SW 1/4 of the SW 1/4 of Section 22, TAN., RAW., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 22 from which the S1/4 corner of said Section 22 bears South 89017'18" East, 2647.24 feet; thence North 39°12'23" East, 127.82 feet to the REAL POINT OF BEGINNING; thence North 44024'12" West, 22.66 feet; thence South 89'19'07" East, 1,259.71 feet to a point on the West boundary line of Lot 3, Block 1 of Rockbury Subdivision as filed in Book 114 of Plats at Pages 16873 through 16878, records of Ada County, Idaho; thence along the West boundary line of said Rockbury Subdivision South 00033'20" West, 16.00 feet; thence leaving said West boundary line North 89019'07" West, 1,243.70 feet to the REAL POINT OF BEGINNING. 1 77 9 y Page 1 of 1 I z O� I >00 o� m �(j �m of.t z� m Y Y U m I O Of I I o BL OCK 1 3 0 I BLOCK 1 I S89'19'07"E 1259.71 O' SO'33'20"W -- - - - - - - - - - - - - - - - 16.00' N 44'24'12"W 22.66' �" N89'19'07"W 1243.70' I I tip•; RPOB O I O 21 22I Am _ _ W. CHINDEN_BLVD. (US HIGHWAY 20/26) - _ 1/4 22 28 27 S89'17'18"E 2647.24' BASIS OF BEARING i O <c `cENSF� N SCALE. 1"=100' a 7729 ;0 0 25 50 100 200 OF Detached Baron Black Cat Baron Devel ment 19-144 dw Detoched Block Cat PATHWAY Ease.dw 4 14 2021 2:15:35 PM IDAHO EXHIBIT __ DRAWING FOR JOB NO. ,9-144 SURVEY 9955W.EMERALD ST. DETACHED BARON BLACK CAT SUBDIVISION SHEET NO. BO8)84-8570AHO 704 SIDEWALK EASEMENT 1 (208)846-8570 GROUP, LLC LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 22 DWG. DATE TOWNSHIP 4 NORTH. RANGE 1 WEST. BOISE MERIDIAN. MERIDIAN. ADA COUNTY. IDAHO 4/12/2021 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Detached Baron Black Cat Sanitary Sewer Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2021-153054 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 10/21/2021 04:42 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0115 Detached Baron Black Cat Sanitary Sewer Easement No. I SANITARY SEWER EASEMENT 'I'l-ilSE',',iseiiieritAgreeiiieiit. iilkt(tethi,,; 19th day of October, 20 21 )etween BLACK CAT APTS LLC ("Gramor"). and the City of Meridian. an Idaho Municipal Corporation (-Grantee' W114FREAS. the Cirantor desires toy provide a sanitary sewer rialit-c)f-way across the pren-lises and property hereinafter particularly bounded and described: and WHEREAS, the sanitary sewer is to be provided 601- through underground Pipelines to be constructed by others; and WHERFAS. it will be necessary to maintain and service said pipelines From time to time by tile Grantee, NOW. THEREFORE in consideration of the benefits to be received by the Grantor. and other good and valuable consideration. the Grantor does hereby �,IranL . I- I g and C011Vey unto the Grantee the right-of4vay lor an easement Ior the operation and maintenance of sanitary sevver over and across the following described property: (SE F A I-VACHED EXI IIBITS A and 13) The easement hereby granted is for the purpose Of Construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee. with the free right ofaccess to Such Cacilitics at any and all times. T(11) HAVE AND TO HOLD, the said casement and right-of'-Wlly unto the said (irantee, it's successors and assigns Forever. IT IS FXPRESSLY UNDERSTOOD AND AGRET). by and between the parties hereto, that after making repairs or performing other maintenance, Cirantee shall restore the area of the easement and adjacent property to that existent prior to undertaking Such repairs an(] 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 casement. THE GRAN'VOR covenants and agr ees 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 Nvith the use of said easement, for the purposes stated herein. Sanitary Se\ er L"asement RI1,.V. 01/ol/2o.10 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof. shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF 48AHE) ) ev l erwol fl ) ss County of A4a ) phis record was acknowledged before me on fe) by (name of individual), [complete the.following if signing rn a representative capacity, or s the following if*signing in an individual capacity] on behalf of (3)4c-k C—f I'LL (name of entity on behalf of whom record was executed), in the following reprsentative capacity: &Lkd &V— (type of authority such as officer or trustee) (stamp) MELISSAJOY Notary Sign 1 NOTARY PUBLIC STATE OF COLORADO My Comm' sio E res: ` NOTARY ID 20194031189 MY COMMISSION EXPIRES AUW6T 15 2023 Sanitary Sewer Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-19-2021 Attest by Chris Johnson, City Clerk 10-19-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on ]()-iA_�U-)] (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2021 Residing in Meridian,Idaho Sanitary Sewer Easement REV. 01/01/2020 Item#5. EXHIBIT DESCRIPTION FOR DETACHED BARON BLACK CAT SUBDIVISION CITY OF MERIDIAN SEWER EASEMENT A portion of the SW 1/4 of the SW 1/4 of Section 22, TAN., R.1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 22 from which the S1/4 corner of said Section 22 bears South 89'17'18" East, 2647.24 feet; thence North 09013'51" East, 307.94 feet to the REAL POINT OF BEGINNING; thence North 03000'34" West, 20.79 feet; thence North 71°06'35" East, 10.71 feet; thence South 80013'04" East, 54.85 feet; thence North 21°44'37" East, 100.43 feet; thence North 01001'18" West, 163.75 feet; thence North 06014'34" East, 60.58 feet; thence South 83045'26" East, 74.24 feet; thence North 06014'34" East, 72.46 feet; thence North 27041'38" East, 164.10 feet; thence South 62018'22" East, 20.00 feet; thence South 27041'38" West, 160.31 feet; thence South 06014'34" West, 68.67 feet; thence South 83045'26" East, 134.31 feet; thence South 73034'40" East, 148.56 feet; thence North 16025'20" East, 176.79 feet; thence South 73034'40" East, 20.00 feet; thence South 16025'20"West, 176.79 feet; thence South 73034'40" East, 141.14 feet; Page 1 of 3 Page 46 Item#5. thence North 16025'20" East, 72.46 feet; thence South 77°41'24" East, 219.11 feet; thence South 83008'43" East, 113.24 feet; thence South 89029'11" East, 127.31 feet; thence North 00030'49" East, 100.62 feet; thence South 89029'11" East, 20.00 feet; thence South 00°30'49" West, 120.62 feet; thence North 89029'11" West, 148.42 feet; thence North 83008'43" West, 115.30 feet; thence North 77041'24" West, 201.45 feet; thence South 16025'20" West, 73.85 feet; thence North 73°34'40" West, 327.92 feet; thence North 83045'26" West, 206.76 feet; thence South 06014'34" West, 39.31 feet; thence South 0100118" East, 166.51 feet; thence South 21°44'37" West, 102.56 feet; thence South 68015'23" East, 42.23 feet; thence South 89019'07" East, 319.64 feet; thence North 00040'46" East, 185.05 feet; thence South 89019'14" East, 20.00 feet; thence South 00040'46" West, 185.05 feet; thence South 89°19'07" East, 645.15 feet; thence North 00030'47" East, 174.42 feet; thence South 89029'13" East, 20.00 feet; thence South 00030'47" West, 185.45 feet; thence South 00030'51" West, 134.39 feet; Page 2 of 3 Page 47 Item#5. thence North 89029'09" West, 20.00 feet; thence North 00030'51" East, 125.42 feet; thence North 89019'07" West, 988.56 feet; thence North 68015'23" West, 54.90 feet; thence North 8001304" West, 56.79 feet; thence South 71006'35" West, 11.29 feet to the REAL POINT OF BEGINNING. c � 7721 9)Igl21 OF VD G. Page 3 of 3 Page 48 N I ^ W W to°`i in^ S62'18'22"E =I = 20.00' S73'3440"E NI N N6'14'34"E �N ^0)/ o, 72.46' ) S6'14'34"W n`D�3i co S83"45'26"E I I 68.67' 74.24' S83-45'26"E .cv� Z 0 I I _ _ � p- 134.31' if)/�j/,C'V llj N6'14'34"E�� N83'4526"W 206. / �< W. Wg4�4�E 148 Vil �60.58' I I 76 ! bPTgy 4g hVS6'14'34"WS� �i3 3 co n �In 39.31' 0 1�/ , 4�40" V/ 1 ��3joo S89'19'14"E 40.,w 32'92 O;( )m 20.00' I IrLo �� J VZI - 0 of,/ O N21'44'37"E Ln ^I Lo BLOCK 1 o�oi .1100 100.,43' J/ �r�31 S80'13'04"E 54.85' / ^ • 4-(a ,r N71'06'35"E / �`D z i o 10.71' / / p`V S68'15'2311 O 0 i on N3'00'34"W J /�`� 42.23' ci I I 20.79' 7 T- - - -S89"19'007"E T319.64' +J T �Z S89"119'007"E 64 - ��L�J 1 1 RPOB I N89'19'07"W 988.56' I N 68'15'23"W 54.90' N 80'13'04"W 56.79' ^:I S71'06'35"W A/`/D 11.29' vrol c�sG�G cc SCALE: 1"=100' 7729 ?. N� O 0 25 50 100 200 � q�F��y�z`OP� � Y� 21 • 22 W. CHINDEN BLVD. (US HIGHWAY 20/26) 1/4 22 - - - - - - - - - - - - - - - - - - 28 27 S89'17'18"E 2647.24' - - - 27 BASIS OF BEARING Detached Baron Black Cat Baron Devel ment 19-144 dw Detached Black Cat SEW Ease.dwa 4 14 2021 2:14:02 PM IDAHO EXHIBIT __ DRAWING FOR JOB NO. 19-144 95 EMERALD ST. DETACHED BARON BLACK CAT SUBDIVISION SHEET NO. BOIOISE,E,ID 04 SURVEY (206)846.8570 376570 SEWER EASEMENT GROUP, LLC LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 22 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO SIN WIW VIN �I �S89'29'11"E I 20.00' NO'30'49"E � 3 N �57J741 24�E 219 100.62'�� � fl r�-�j�5Z 1 � _ _ S83'08'43'E S89'29'11„E 00 4 O'e l N 24„w 201��1�j _T11/3-.24' _ - --127.31'^ J I v�i 45' �-/1 �J 7 W iNAVER roN LN. 7 I ,1 S16 25 20 W 7�N83' �`1-1-L-L 2 1 08' 73.85' 0 43��w N89'29'11"W N 115.3p �S89'29'1 YE I 148.42' 20.00' BLOCK 1 ' I In L I I w��i3 I 0 O�aa M 04 S89'19'07"E 645.15' - -_1111�f1111I1f�11LT��f�1 11111Z1f 56 z �, I i �M I � I o N .f�,L O r-1/ I 0 A U) L/ J v� SFO ON89 2 2 00' 7729 I cN�9 F'�`1I P��4 BLOCK 1 I of4N SCALE: 1"=100' 0 25 50 100 200 Detached Baron Black Cot Boron D—1 ment 19-144 dw Detached Black Cat SEW Ea—dw 4 14 2021 2:14:10 PM IDAHO EXHIBIT DRAWING FOR JOB 44' SURVEY 9955 W.EMERALD ST. DETACHED BARON BLACK CAT SUBDIVISION SHEET NO. BOISE IDAHO8)84r,8570 04 SEWER EASEMENT (208)846-8570 GROUP, LLC LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SEC71ON 22 Page 50 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN. ADA COUNTY, IDAHO v IDIAN� AGENDA ITEM ITEM TOPIC: Oaks North No. 9 Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2021-152775 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/21/2021 11:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0118 Oaks North No. 9 a ffi 1 This Agreement made this 19th day of October 2021 between Toll Southwest LLC . -_.. ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Qwm. '�"Y Susan Stanley,Division President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on l (date) by Susan Stanley (name of individual), [complete the ful()ivrng if'signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Toll Southwest LLC (name of entity on behalf of whom record was executed), in the following representative capacity:ldahoMvicionPresident (type of authority Such as officer or trustee) ra �fri NpTgRr • L�G = otary Signature 'HO �'�'` My Commission Expires: U Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-19-2021 Attest by Chris Johnson, City Clerk 10-19-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-19-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 ttem#s. EXHIBIT A Legal Description City of Meridian Sanitary Sewer & Water Easement The Oaks North Subdivision No. 9 An easement located in the SW '/4 of the NE '/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of the SW%4 (S '/4 corner) of said Section 28, from which a Brass Cap monument marking the southwest corner of said Section 28 bears N 89016'58" W a distance of 2635.25 feet; Thence N 0043'41" E along the east boundary of said SW '/4 a distance of 2634.11 feet to a 2.5 inch iron pipe monument marking the northeast corner of the SW '/4 (Center '/4 corner) of said Section 28; Thence along the west boundary of the NE '/4 of said Section 28 N 0043'58" E a distance of 625.86 feet to a point; Thence leaving said west boundary S 77058'14" E a distance of 493.25 feet to the POINT OF BEGINNING; Thence N 12001'47" E a distance of 20.00 feet to a point; Thence S 77'58'13" E a distance of 27.00 feet to a point; Thence S 12°01'47" W a distance of 20.00 feet to a point; Thence N 77'58'13" W a distance of 27.00 feet to the POINT OF BEGINNING. This easement contains 540 square feet (0.012 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS ONNL LA Np s Land Solutions, PC �5� s TER Gp October 5, 2021 1 118 L 0� 9TF OF 0 N W N P� La_md 01titipins The Oaks North Subdivision No.9 L %-Land Surveying and Consulting Meridian Sewer&Water Easement Job No. 18-35 Page 1 of 1 Page 55 EXHIBIT B Item#6. OF MERIDIAN SANITARY SEWER & WATER EASEMENT THE OAKS NORTH SUBDIVISION NO. 9 LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 28, TAN., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO i Cu 540 SF / 0.012 ACRES S77• 13„ POINT OF BEGINNING N o 58' E 493.25' Z N S77 58'13„ I 27 00' E N7758'13„ W Ln C1127 0p' S12 01 " ' 20.00, 47W 00 pSEp p FK Np. 9 �Z PR�Ugpw\S�pN a 0 � o C 1/4 rz o� w a �I �I U p V Z N U �I J Z I m 29 28 2635.25" 1/4 Z N89'16'58"W 28 _ _ W. McMIU AN ROAD 2a 27 32 33 BASIS OF 33 S89'16'45"E 2635.54' BEARING 33 34 N PL LA NO �O SG 0 aN111 � 80 � ,,to0SZi � �j 9TF OF tiTCN W NPR 0' 50, 100, 200' ELa j I u t J"o f I S Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax SHEET 1 OF 1 www.landsolutions.biz JOB N Page 56 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Well 11b Flush Line Water Main Easement ADA COUNTY RECORDER Phil McGrane 2021-153055 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/21/2021 04:43 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0114 Well 1lb Flush Line WATER MAI EASEMEl I THIS Easement Agreement, made this-day of 10-19, 2021 between Joint School District No. 2, dba West Ada School District, an Idaho school district and body politic and corporate of the State of Idaho ("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, this Easement is associated with a Ground Lease for a Municipal Water Well Lot, executed concurrently with this Easement between Grantor and Grantee,and WHEREAS, this Easement shall be in place only as long as the Ground Lease for a Municipal Water Well Lot is in effect; and WHEREAS, the water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains under 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 easernent and right-of-way unto the said Grantee, it's successors and assigns for the term set forth herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting 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 easernent 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 easernent, which would interfere with the use of said easernent, for the purposes stated herein. Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE GRANTEE does hereby covenant with Grantor that the Grantee shall record a termination and release of this Easement promptly upon the expiration of the Ground Lease for a Municipal Water Well Lot dated of even date herewith. THE COVENANTS OF GRANTOR and GRANTEE made herein shall be binding upon their respective 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 ON FOLLOWING PAGES Water Main Easement REV.01/01/2020 i 0 _ GRANTOR: JOINT SCHOOL DISTRICT NO. 2, dba WEST ADA SCHOOL ISTRICT <�— - Dr. Derek Bub, S erintendent STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Dr. Derek Bub, Superintendent on behalf of the Joint School District N 2,0 No. West Ada School District, and Idaho school district and body politic and corporate of the State of Idaho, in his capacity as Superintendent. ����1111111111//jl, ?LNEW8040 ���/i V. .'O Z Notary Signature GRANTEE: CITY OF MERIDIAN Mayor Robert E. Simison 10-19-2021 Attest by Chris Johnson, City Clerk 10-19-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-19-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires on 3-28-2022 Residing in Meridian,Idaho Water Main Easement REV.01/01/2020 Item#7. EXHIBIT A WATER LINE EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN,IDAHO An easement for water line purposes located in the SE 1/4 of the SW 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 8 of Block 1 of LOCUSTGROVE INDUSTRIAL PARK as shown in Book 41 of Plats at Page 3391 in the office of the Recorder,Ada County, Idaho, more particularly described as follows: Being the east 20.00 feet of Lot 8 of Block 1 of LOCUST GROVE INDUSTRIAL PARK. EXCEPTING therefrom the south 140.00 feet. This parcel contains 5,272 square feet (0.121 acres) more or less, and is subject to any easements existing or in use. Prepared by: Kyle A. Koomler, PLS gyp, LAN Civil Survey Consultants, Incorporated !®® NS G January 27, 2021 , a 170 o s�0'e OF F A. KOOK` Water Main Easement REV.01/01/2020 Page 61 i Item#7. EXHIBIT B SKETCH TO ACCOMPANY WATER LINE EASEMENT DESCRIPT/Oil FOR THE CITY OF MERIDIAN LOCATED IN THE SE 114 OF THE SW 714 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 20.00'I i- I i i LOCUST GROVE INDUSTRIAL PARK BLOCK 7 LOT B i I SCALE 1"-50' WATER LINE EASEMENT I \oNNL L No s �— -- --- �\OE SFD G 18780 OF I �FA. KO() o PPOPOSED o L EA.SE AREA I I CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 F LANARK STREET (208)888-4312 Water Main Easement REV.01/01/2020 page 62 Item#7. Water Main Easement REV.0 1/0 1/2020 page 63 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Quartet Northeast No. 2 (FP-2021-0050) by Brighton Development, Inc., Located Approximately% Mile South of W. McMillan Rd. and East of N. Black Cat Rd. Item#8. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: October 19, 2021 Topic: Final Plat for Quartet Northeast No. 2 (FP-2021-0050) by Brighton Development, Inc., Located Approximately 1/4 Mile South of W. McMillan Rd. and East of N. Black Cat Rd. Request: Final plat consisting of 61 buildable lots and 10 common lots on 20.04 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 65 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 10/19/2021 Legend DATE: --- Iff Project Lc=tor TO: Mayor&City Council i FROM: Sonya Allen,Associate Planner 208-884-5533 - SUBJECT: FP-2021-0050 Quartet Northeast No. 2 -* -- ----- LOCATION: Approximately'/4 mile south of W. _ McMillan Rd. and east of N. Black Cat -- - i r h Rd.,in the NW 1/4 of Section 34, Township 4N.,Range 1W. , --- }5 }x I. PROJECT DESCRIPTION Final plat consisting of 61 buildable lots& 10 common lots on 20.4 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Josh Beach,Brighton Development, Inc. 2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner: Brighton Development, Inc.—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0017) in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots in Block 5 have decreased by two(2)and the common open space has increased Page 1 Page 66 slightly. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) QUARTET NORTHEAST SUBDIVISION PRELIMINARY PLAT s A PARCEL 0P LAN D 51 I u A I E o I N 111 L sou-i 1 2/2 OF THE NORTH W EST 114 OF SECTION 34, TOW NSH I P f NO RTH,RAN G E 1 WEST,CITY OF MERI OIAN,AOA COUNTY,IDAHO G CD p O C'r E o # o e o o "� ---T nJ O ixoFa a RrunixeT 1 0 � '•• O p 4§ 0 © ° ° a w 0 0 Q O CJ O 0 0 ✓ =eF vo fJ P �? SLEY.EY C,3HTR[]L NOTFS '.fiY NAT CUCTk COMMxI L❑"n•ny .op�wvLa uy,xa on•dQ.Lx[ MIVQURi7CT NORTHEAST 5UfipIN51pN CODER SIEFi .-J..�o-uwR � �Y IIERIfTAk�nO +TP op1.9 Page 67 B. Final Plat(dated: 9/15/21) Plat of Quartet rtheast Subdivision No.2 rM1iNddrveM,INoMsenI West 6.M.,G1yWMerRllan —yjh »ensue.t•wo o s �1 Sheet Index 33 3d w.n sxm= -ocrxE Rur Nss�xrr rcx cwr xw ma�o-rsz.s sR¢a• c[Rnmwr=c�awrsrs occuRN[arael=s , 91m s -CEFnM+Rs aup sampuµg I$ Y�8 1= f01°•/e-,xc.ama Unylattetl J 9 X �y WP wwr er eruwir,e mllu.,omr,v, m,�aen�Safi L—d rwlm ewes rsa uc Horm f o r r l s,I.m• O mvE�woNwuu cw a umEo g ksR�l�• xA �.>. s ag Q © o 1 0 O p ® w ry•Ma� x,.NmMN• w w as " ® ® • ® O r ®N�,0e Rom»NNE Rya eol, O +„ 0 -------- TTT34 Xauane<0 4 8ubtlirisbn No.1 ° ® hn� 0 ® 4Y N5 o N88'SBJ'M'w 'NR•w ® H Ah. &E ��a'q'p•+ m'I J8S8' References w� 12455 "M u:wR.I.�. F mom.aRt am re�x n .r ns �o�.�a�. ,o,>,n��,n:a<.n.�, ��lo. 4•' Ian Ra.Rtcww or Sumer w.azo,ncmRcs or.cn cmxsv,,wuo. 1— • wcss_-_.larnms ce aw mum.lawn Derelapm man-oa•,•,,Rrroane m x.mew..o.�a YO Brighton Corporation Meddlan,ldaho Plat of Quartet Northeast Subdivision No.2 iwxwowe NdMilm NwS P ��a a O 8 � s B ,•®Ip � I ..�.� � ,® �°° � ���� III ,..o l� ' I I ww I � xx ra l � >e@ 4 y I — p i ,i; S UCRIM NOManI w-m' s.e / X S p mow®. 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Landscape Plan(dated: 09/10/2021) OPEN SPACE TREE CALMLATIMNS(ITRE _ft- Wn ' OPEN SPACE TREES �_ STREET TREE EALCU"TIONS�ITPIEDS I j r'f TOTAL STREET TREES El ® FYTAL IA�AY T�E BI 41 MITI IDN REQUIPEME D—VPRw-m-n- LANDSCAPE COVER =n-- Z: 7=. nr=- mnzn. mwwm M� k3rn -WiMM-MMM =627 W % g % ------ ------------i-�- LANDSCAPE PLAN OW" --A Page 71 I.....fig.......... 1 y —46 - f 1 J r —•— ,� a - 1 t •'1 .. km LANDSCAPE PLAN -- v l��e�}�� L L3.C• a hA1Ff spKOuf.�. d �4Nf fFESxEfTi2C a �'�, 0 r J / _ O LANDSCAPE PLAN �._..r -_-- km 3�- Ea.a Page 7 Page 72 --•`� S" m 3 •w• / e \ mr w vm muses `sinssoe x4M10 . y rearno. �►e • as = s¢aE—TA f w sa_ .1 ~'.! I n. .µxw xx«x u.x Ewwnm 4.WETLAND BASIN#1 PLANTING DETAIL ��5.WETLAND BASIN#2 PLANTING DETAIL �Eru EBAL wETIANo BAslry NOTES ° m w w w WETIANDs BASIN#1-SECTION A-A WERANrD BASIN#TSELTION B-B 0 srnic xn srnic xrs Z It y Z -f------------------- 6.WETLAND BASIN 1#3 PLANTING DETAIL 7.WETLAND BASIN#4 PLANTING DETAIL xx-- >.x,mob- *lt a km x me w8 ^eU.u^En sm•ss ww a. x ms w8 "^ew u�a.rnvc wEa>, e WETLAND BASIN 63—SECTION CL WENANrD BASIN W�SELTICN 0.D ¢I LSD Page 73 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-146961) and preliminary plat(H-2020-0017)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the previous phase final plat; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped by Aaron Ballard, dated: 9/15/2021, included in Section V.B shall be revised as follows: Notes: a. Note#5: Remove "Lot 9,Block 4"as it isn't included in this phase. b. Note#10: Include the recorded instrument number of the ACHD landscape license agreement. c. Note#11: Include the recorded instrument number of the ACHD public right-of-way (sidewalk) easement. References: d. R7.: Include the Book and Page numbers of the Quartet Northeast Subdivision No. 1 final plat. Graphic Depictions: e. Include the recorded instrument number of the ACHD permanent easements on Sheet 3. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 09/10/2021, included in Section V.C, shall be revised as follows: a. Depict shrubs along the pathway on Lot 21, Block 4 and Lot 10,Block 5 as set forth in UDC 11-3B-12C. b. Depict fencing adjacent to the Creason Lateral as set forth in UDC 11-3A-6C.3 in order to preserve public safety. c. Depict fencing on Lot 32,Block 5 where the Creason Lateral is located per the standards listed in UDC 11-3A-7A.7 to provide more visibility of the common area. d. Lawn, either seed or sod,is required in Lot 32,Block 5 as set forth in UDC 11-3G-3E.2. 6. The rear and/or side of structures on lots that face N. Grand Lake Way(i.e. Lot 27,Block 4; Lots 14, 16, 30 and 31,Block 5; and Lots 7 and 9,Block 6),a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Page 9 Page 74 7. A Type III barricade shall be placed at the intersection of W. Thornapple Dr. and N. Grand Lake Way to prevent access until the street is extended in the future;the construction drawings shall be revised to include this change.As an alternative to a barricade, a Fire Dept. approved turnaround could be provided at the end of the collector street instead. 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. All fencing shall comply with the standards of UDC 11-3A-7C. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Construction cannot begin on Quartet Northeast No 2 until the secondary water connection is completed in Quartet Southeast No 1. General Conditions: 2. 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. 3. 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. 4. 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. 5. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 6. 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. 7. 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. 8. 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 Page 75 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. 9. 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. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the Page 11 Page 76 plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. 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. 23. 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. 24. 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. 25. 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 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Edington Commons No. 2 (FP-2021-0048) by Conger Group, Located on the East Side of N. Linder Rd., North of W. Ustick Rd. Page 78 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 5, 2021 ORDER APPROVAL DATE: OCTOBER 19, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 46 BUILDING ) CASE NO. FP-2021-0048 LOTS AND NINE (9) COMMON ) LOTS ON 5.75 ACRES OF LAND IN ) ORDER OF CONDITIONAL THE R-15 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT EDINGTON COMMONS NO. 2. ) BY: CONGER GROUP ) APPLICANT ) This matter coming before the City Council on October 5, 2021 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING EDINGTON COMMONS SUBDIVISION NO. 2, LOCATED IN A PORTION OF LAND LOCATED IN THE W 1/2 SW 1/4 SW 1/4 OF SECTION 36, TAN., R.I W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 08/16/21, by KEVIN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDINGTON COMMONS NO. 2 FP-2021-0048 Page 1 of 3 Page 79 BORAH, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 5, 2 02 1, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDINGTON COMMONS NO. 2 FP-2021-0048 Page 2 of 3 Page 80 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 19th day of October , 2021. By: Robert E. Simison 10-19-2021 Mayor, City of Meridian Attest: Chris Johnson 10-19-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-19-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDINGTON COMMONS NO. 2 FP-2021-0048 Page 3 of 3 Page 81 EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 10/5/2021 Legend DATE: ff I�Project Lacfli�ar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2021-0048 Edington Commons No. 2 9 LOCATION: East side of N. Linder Rd.,north of W. Ustick Rd.,in the SW 1/4 of Section 36, Township 4N.,Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of 46 buildable lots and 9 common lots on 5.75 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Sophia Durham, Conger Group—4824 W. Fairview Ave.,Boise ID 83706 B. Owner: C4 Land,LLC—4824 W.Fairview Ave.,Boise,ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0109)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots and the amount of common open space area is the same. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 Page 82 Item#9. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. Page 83 V. EXHIBITS A. Preliminary Plat(dated: 1/8/2020) $ E�z+, III'•^ i. ' [;}r AR � I a I r - � I II Y d p - -- -£ IN s h5 x ttroff° ... ...... € — • .'#� P CIVIL EDINGTON PLACE SUBDIVISION { _ WEoRK9 3610 N.UNDER ROAD.MERIDIAN,ID a 2 PRELIMINARY PLAT :�fl }E F Page 3 Page 84 B. Final Plat(dated: 8/16/21) PLAT SHOWING BOOK_,PAGE EDINGTON COMMONS SUBDIVISION NO.2 A PORTION OF LAND LOC4TED IN THE W1/2 SWI14 SW]/4 OF SECTION 36, PLAT NnrEs ------ 5���=� o m+m5�'�,��rm„ T.4N.,R.1 W.,B.M.,CITY OF MERIDIAN,ADACOIINTY,IDAHO 2021 -- -- 5[5nrt]S[x S,GUPe�Irv[,Y>art,5[� I - 1 !9 8 ] 6 1 S { 1 3 Ar I I � I I I I I I I I NW1I951'E iZ ' a r.._.._._.._.._.�I I®wnwa�wcvssv _ ems- E --Fm — — - 599.45DYE ~ rt.._. Ym Y40' . GI 9L(N%3 - [5mse• 4 ors e Is L � S 8 k k A � -- .. 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Landscape Plan(dated: 8/14/2020) ,.n�--__—__—_ __� � ' I I I I I I ��I 1 •�J� - ' �� O 12 13 14 15 1fi riT 1 I I I I I bi4 .y a•K _ .y E Lj ...a.....r-------- - ® # r - ----_--= G -----R x X` I  .' --------- 16 is - - _ 1 r___________ ly • Y i IL '� - _ -I n -. G:":I;'cl� i I+ � r--r' � 1I 1I 1I T V CID1.+ • 21 ^ II II Y {r[`',5• Ifni+ �.r .5 �.iT �.� "i • ' 21 to 19 18 I Il I 15 1S :_7i 13 12 11 10 9 PA!115SPEUILL23 Jill , =e= T1 z }3 - EDINGTON PLACE SUB. N0.2 3610 N.UNDER ROAD,MERIDIAN, ID -- - r i y m «" & FINAL PLAT LANDSCAPE PLAN Page 5 Page 86 PLANT 50HEPL)LE mg (D PLANTER CUT BED rDeF 5HRUD FLANTIKC, NOTE5 z 2! T� 1� IL 5 ui a EL � � F� r w C) < Z 0z IL z m U. w O TREE FLANTIKWSTAKIN5 VINYL PRIVAGY rrNCF L-ANpSCAFF-GALCUL.A71ON5 I TIEl 1�71 LANDSCAPE PLAN TIIL-�l Ill- 11 L 2 D. Common Driveway Exhibit w � 6 I � BLOCK 5 I � z W r------------� Z� / LOT 7 TAKES ACCESSI o m / 7 FROM NW 14TH AVE.I o a / DRIVEWAY LOCATED ON I un N NORTH SIDE OF LOT - W CROSSWIND ST — —— 4 8 Z o � �W ----� o U LOT 13 TAKES ACCESS I r——— —— o o-—— FROM CROSSWIND ST. I I I I f I Z a I I ? I DRIVEWAY LOCATED ON w WEST SIDE OF LOT I I I I I I Y I I I I I I I I I lob I I I I 15 14 I 13 I I I 12 I >> I I 10 I I 9 I I II II II II I I I I I I I I I 10.00' UTILITY I I I I 3.00' SIDE I I I I EASEMENT I I SETBACK NPI I x I I BLOCK 5 I I I o" I I I I I I I N� I I I L_—�—J L L----,1 L— T'nJ L— --j N 15 0 15 30 EDINGTON COMMONS SUBDIVISION NO. 2 COMMON DRIVE EXHIBIT-LOTS 7-13 BLOCK 5 SCALE: 1'= 30' Page 7 Page 88 E. Emergency Fire Access Plan tzoz `9L dos `we ao:1 I a ouaorbuos gdosor A13 (73AOHddV ,y a dl I �_ ■ I Fa I I 1r G,f r1+ F lirr�yl r�4 Fy R� - --I r r-y-r a o.._. fir` +■+i ++� �'�.[l'��``�ti I e ter. +r I r I r x'aia a I, L____Y____J ' r yy' ---- I t 70 Al2A >✓I I I I � T . VIL (� Y EQIN(�TCrN C0MM4N5 SUBDIVISION "i B C,C Q wIoEnK� N d 3610 N,LINDER ROAD.ME31DIA4,In F Q i _ OU'_4AL'SITFIUTILITY PLAN a}" w* �r. •Mpg. Page 89 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2020-044056) and preliminary plat(H-2019-0109)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(by July 15, 2023); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Sawtooth Land Surveying, LLC, stamped by Kevin M.Borah, dated: 8/16/2021,included in Section V.B shall be revised as follows: Plat Notes: a. Note#7: Include the recorded instrument number of the ACHD license agreement. b. Note#8: Include in the note that the lot is encompassed by a perpetual ingress/egress easement benefitting Lots 9-12,Block 5. c. Note#13: Include the recorded instrument number of the ACHD sidewalk easement. d. Note#15: Correct plural references to the common driveway(there is only one). Legend: e. Include recorded instrument number of the ACHD sidewalk easement. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 08/14/2020, included in Section V.C, shall be revised as follows: a. Include the linear feet of parkways and required&provided trees in the calculations table on Sheet L2 of the landscape plan that demonstrate compliance with the standards listed in UDC 11-3B-7C. b. Include landscaping adjacent to the pathway on Lot 23,Block 2 in accord with the standards listed in UDC 11-313-12C per preliminary plat condition#3f.If trees aren't allowed within the drainage easement, the lot should be widened a minimum of 5 feet to accommodate the required trees and shrubs. 6. Construction of the common driveway on Lot 8,Block 5 shall comply with the standards listed in UDC 11-6C-3D. The lots accessed via the common driveway(i.e. Lots 9-12,Block 5) shall have setbacks consistent with that shown on the exhibit in Section V.D. 7. All single-family attached structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. 8. All homes along the west perimeter boundary of the development adjacent to N. Linder Rd. (i.e. Lots 16-22,Block 2)shall be restricted to a single-story in height per the Development Agreement. Page 9 Page 90 9. Provide address signage at the entrance to the common driveway on Lot 8,Block 5 at the public street for homes accessed by the common driveway for emergency wayfinding purposes; and sign the common driveway with"No Parking—Fire Lane"signs as set forth in IFC D103.6 Signs. 10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 11. All fencing shall comply with the standards of UDC 11-3A-7C. 12. Emergency access shall be provided in accord with the emergency fire access plan shown in Section V.E. 13. All single-family attached structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwellings prior to submittal of building permit applications. 14. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Common driveways with 4 or more lots need to have a private sewer line that will be the responsibility of the HOA to maintain.A manhole in the common driveway located at the property boundary is required with a lid that says"Private" 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 Page 91 Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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 Page 11 Page 92 dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I F map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to 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 93 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Inglewood Subdivision No. 2 (FP-2021-0037) by McNeil Engineering, Located at 3220 E. Victory Rd. Page 94 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 5, 2021 ORDER APPROVAL DATE: OCTOBER 19, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF THREE (3) ) CASE NO. FP-2021-0037 BUILDING LOTS ON 2.88 ACRES ) OF LAND IN THE C-C ZONING ) ORDER OF CONDITIONAL DISTRICT FOR INGLEWOOD ) APPROVAL OF FINAL PLAT SUBDIVISION NO. 2. ) BY: MCNEIL ENGINEERING ) APPLICANT ) This matter coming before the City Council on October 5, 2021 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING INGLEWOOD SUBDIVISION NO. 2, LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 21, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, APRIL 2021, HANDWRITTEN DATE: 09/28/2021, by ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INGLEWOOD SUBDIVISION NO. 2 FP-2021-0037 Page I of 3 Page 95 Michael D. Hoffman, PLS, SHEET I OF 2," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 5, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INGLEWOOD SUBDIVISION NO. 2 FP-2021-0037 Page 2 of 3 Page 96 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 19th day of October , 2021. By: Robert E. Simison - - 2021 Mayor, City of Meridian Attest: Chris Johnson 10-19-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-19-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR INGLEWOOD SUBDIVISION NO. 2 FP-2021-0037 Page 3 of 3 Page 97 EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 10/5/2021 Legend - 1� DATE: ff I i�cofl��, TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2021-0037 ' Inglewood No. 2—FP LOCATION: 3220 E.Victory Rd., in the SW 1/4 of Section 21,T.3N.,R.1E. CM I. PROJECT DESCRIPTION Final plat consisting of three(3)buildable lots on 2.88 acres of land in the C-C zoning district. This is the second of two phases of development for this project. II. APPLICANT INFORMATION A. Applicant/Owner: Cody Williams,McNeil Engineering—8610 Sandy Parkway, Ste. 200, Sandy,UT 84070 B. Owner: Jim Petersen,Gold Stream, LLC— 197 West 4860 South, Salt Lake City,UT 84107 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat and associated conditions of approval as required by UDC 11-6B-3C.2. There are six(6)buildable lots shown on the approved preliminary plat vs. three(3)buildable lots shown on the proposed final plat. Because the number of buildable lots did not increase, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 Page 98 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 8/27/2019) IM PRELIMINARY PLAT FOR -. 7{' INGLEWOOD PLACE SUBDIVISION JU 5 *; HIPt k1W MNff r-OSDISE VEDIRN tram . `" 'PRQIEGT$VTE .71 7-1 4 sITE oaTn I - oa"" d v»r..>� cwa�xsmer� LL" vim•• .�rvluux�urnx &$ _._.. ei.®.. SNEET INOE% cv. E. �.v'..1Y e.eL e.Poox oiAsm[[r urnnmo — �mwm mmxn nrm.i ura.mv .. � r �.e aawse��os � o ....��.... •• r „ TM PHASING R Z LGNING 1a-VMPP Bi 0 06 ME MDLOTS MMPRY usuirto - \`\\��`` ��"� SI.I Z LU � EL O _ ����x�� .x..�:. ,.�. m„�„ .®..� ,�� .,,.:e,,. ,..,� loop xu ra�l`ffl''ueov.�• _ LU CO.O Page 2 Page 99 B. Final Plat(date: 4/6/2021) n� e Y II 2 il ------------------- �� LIIhTCr o N � ■r:�arra4 ----- " I I � t.L I I ' II . I I I I I� I h , I m \f• � I v ��� Si!'1Nm'e Ynh' M��■f I - 79s Z I �'Jr Us• 1 F fa e PEI 1 ' r� I P$ s 4 ►Y}Y 5 � III �,� �y t I IIlm I .i ' PL4 �+ � Iwrll 1y�� M1�'^eiYAr[II I � I k lsj Its ------------------- Fi !Al m a ------—-- ----- -—..a.'------- - - --- - ! R i l-w E ticTT1Nf Im >s pr�n�PncPop Page 3 Page 100 INGLEWOOD SUBDIVISION NO.2 _ 0 SURVEYORS CERTIFI CATE SURVEY NARRATIVE crxucxa BOUNDARY DESCRIPTION APPROVAL OF THE CITY ENGINEER -- �:ro�x ur�r amsxe x�x uewoux rove arm ere ex vcme�orvxe reeen mr�.evnr. ,ri xi APPROVALOF THE CITY COUNCIL NOTES - -_ exnwti un caunx, Imo�xno„. xE �nm x Pu. a. 13889 - -r r>srvs een'A s - 9.ssrrsa= -- - cnruerx-xunoux,ioano wm Q - sao cry.n I A oisr�a®nmr�mm s -c, ec,. ,,sr .osr nr CERTIFICATE OF COUNTY SURVEYOR . mxrNns.xas.msa H,oxzx-eA:,rees. 1— o,vocxsexo-+OWNERS CERTIFICATE ACKNOWLEDGEMENT orrawococensunrwm mewxnaxowmers. m xe sveovoeo xro eroarsnxo�ms.Nom eenex_n..ex aoxx u. - - - _ _ CERTIFICATE OF COUNTY TREASURER A H7=son o1F=rxcn,r ---- cEo,o xE„w,ms,sozXE rev�rFn.cor.m mFwsureexxrxo rax,xE mux..of rrw s,.,m raxx. a xca+�rExrs or rc.So- mixoccrnc _En x , r•..s,r. ..n,nv..•� .,erer ram emuEww.rzx- xrruwo wxo nn,ko ur sexm�s cexnr unox svAuo mx ms xexrix rv�soFwrsor�r. o IN •uc.,6 -- ___- -- - _-_- r+E.vxxcx, RECORDERS CERTIFICATE uHEALTH CERTIFICATE �xnn x,ur misw=,xr.rsxr mexwusl�n ws reell11 ar mxx corms nne m r rwrere 11 rvve ixeoo a a-aursns nnse �~ IN sccmx xirsy noww oewm t�,ar':ncw rscae ---- ---- - - - - - - - mca.iss,w,ceorncexnrium orocwvu ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS ACCEPTANCE s,Rc• GOLD STREAM PARTNERS LLe. rnuxirmrvrw.risxoxexs ox rrc_oare a: rme — 41*M NEIL ENGINEERING' SHEET sew,sxa rr.-...wm ms w„w yr xx.n«rx...eex.sr z OF �'•Clxil EnSnm V•CmuuIftZIr..1mg.ArWrY- z Sbueda�i En�neafhr('L.W SurveyIrq A HDS Page 4 Page 101 C. Landscape Plan(date: 8/17/2021) f e �... •�LANDSCAPE SCHEDULE mew .•w.......• e ...• REFERENCE NOTES Z E e z Lora Z. i at,EwiuccvE: °< I••uvE m mwn..w »bwwu w . d • ®�.m. .w.m o® Z ❑ LOT.2 z mr� .,,m.• ... Qw�..w� �.n.w�w. a ..�w..•. m. _O �❑ ff@ in Ua SITE AMENITY SCHEDULE . � 0 _ 0 0 • . v,..awrc.0 ®ua'�..m •.�ywx..° .exv,°za rLj C) MERMI CrtY DATA rc e VICTORY Roan d nCallaI M�,PE — L2.00 Page 5 Page 102 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2019-0090(DA#2019-124424)]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the previous phase final plat(by May 4, 2023)in accord with UDC 11-6B-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 Rob O'Malley,T-O Engineers, stamped on 2/18/2020 by, shall be revised as follows: a. Note #6: ". . . at the time of issuance of an individual building permits or- as-spay approved and/or-required, or-as shovi%en this p!W' b. Note#9: "Lots 1, 2, &4 3 are subject to a 41.00' foot right of way . . ." (there is no Lot 4 -replace 4 with 3) c. Note#10: "Lots 1 2;& 3-,,&-4 are subject to a 30.00 foot wide perpetual ingress/egress . . d. Note #11: "Access to E. Victory Road and S. Eagleis prohibited unless approved by Ada County Highway District and the City of Meridian." e. Note #12: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." f. Depict 25-foot wide street buffers along S.Eagle Rd.&E.Victory Rd. on a common lot(s) or on a permanent dedicated buffer(s), maintained by the property owner or business owner's association in accord with UDC 11-3B-7C. g. Remove the two (2)private streets (i.e. E. Alta Hills Ln., S. Falconers Ln. and E. Shergar Ln.)from the face of the plat.Private streets are not allowed to connect to an arterial street per UDC 11-3F-4A.2; these can be drive aisles. The private streets shown were not previously approved. h. Remove the parcel numbers from the face of the plat and all other non-survey related depictions/notes. See Final Plat checklist for items that need to be depicted on the plat. Please submit an electronic copy of the revised final plat with the application for City Engineer signature on the final plat. 5. The landscape plan shown in Section V.C, dated 8/17/21, prepared by McNeil Engineering, shall be revised as follows: a. Remove all trees&bushes from the street buffer along S.Eagle Rd.that are depicted within the 15-foot wide ingress-egress easement along the northern boundary of the site. b. Remove the private street names and the non-street buffer landscaping from the plan. Please submit an electronic copy of the revised landscape plan with the application for City Engineer signature on the final plat. Page 6 Page 103 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. A Street Light Plan will be required with the submittal of the civil construction plans and reviewed by the Transportation Coordinator prior to construction plan approval. 2. All water service lines require a meter setter. 3. Services should not cross lots other than those they serve,to avoid this from happening a water main may be required in Falconers Lane with services tapped for each lot off that main. 4. A water main stub should be provided to the north for a future service or fire line. General Conditions: 5. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 6. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 7. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 8. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 9. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 10. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 11. The City of Meridian requires that the owner post to the City a warranty surety in the amount 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 Page 7 Page 104 found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 14. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-1-4B. 18. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 19. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 20. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 21. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 22. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 23. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by 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 Page 8 Page 105 submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 25. Any 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. 26. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 27. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 28. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 106 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Oaks North and Oakmore DA Modification (H-2021-0058) by Toll Southwest, LLC, Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. Page 107 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N~' AND DECISION&ORDER A, In the Matter of the Request for Development Agreement Modification to modify the existing Oaks North& Oaks South Development Agreement(Inst.#114030972)to remove the Oakmore Subdivision(H-2018-0118) area and create a new Development Agreement for this area consistent with the previously approved plat,by Toll Southwest,LLC. Case No(s).H-2021-0058 For the City Council Hearing Date of: October 5,2021 (Findings on October 19,2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 5, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 5, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 5, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 5,2021, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME-FILE#) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 5,2021, 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 5,2021,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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 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 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME-FILE#) -2- determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 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 October 5,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME-FILE#) -3- By action of the City Council at its regular meeting held on the 19th day of October 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 10-19-2021 Attest: Chris Johnson 10-19-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-19-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PROJECT NAME-FILE#) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/5/2021 Legend _ DATE: _ Project Location r-- TO: Mayor&City Council ---- FROAM: Joseph Dodson,Associate PlannerEND, 208-884-5533 H-2021-0058 rill- SUBJECT: `":=�:����� Oaks North&Oakmore DA "` �`_ . ' ' ; 10 Modification LOCATION: The site is located on over 200 acres on ® ®®® the north side of W. McMillan Road, ___ ____ between N. Black Cat Road and N. McDermott Road,in the S '/z and NE '/4 __ __ ____- L of Section 28, Township 4N.,Range 1W. I. PROJECT DESCRIPTION Modification to the existing Development Agreement(Inst. #114030972)to remove the Oakmore Subdivision(H-2018-0118)area and create a new Development Agreement for this area consistent with the approved plat. NOTE: When this application was submitted,the applicant intended to amend the original development agreement for the purpose of modifying the overall concept plan,adding new provisions and removing provisions that have been satisfied through the development process. After further discussions with the applicant and the City Attorney's office,staff concluded that a new DA was the preferred path forward.The staff report has been updated to reflect these discussions,including new exhibits and DA provisions that narrowed the focus of the application from an area that encompasses approximately 220 acres to 7 acres. The Oaks North project will remain subject to the terms of the original 2014 agreement. II. SUMMARY OF REPORT A. Applicant: Adam Capell, Toll Southwest,LLC—3103 W. Sheryl Drive, Suite 100,Meridian,ID 83642 B. Owner: Toll Brothers, LLC—3103 W. Sheryl Drive, Suite 100,Meridian, ID 83642 Page 1 Page 112 EXHIBIT A C. Representative: Jeff Bower, Givens Pursley—601 W. Bannock Street,Boise ID 83702 III. STAFF ANALYSIS The Applicant proposes to amend the existing Development Agreement (DA) from 2014 for the approved Oaks North Subdivision(Inst.#114030972)to remove the approximate 7 acre area known as Oakmore Subdivision (H-2018-0118) from the original DA and create a new DA consistent with the approved preliminary plat. With this request, Staff is recommending that the existing DA for Oaks North and Oaks South remain. See Section V for Staff s recommended DA provisions. History:The Oakmore Subdivision was approved on August 6,2019(findings approved)and modified a portion of the original Oaks North preliminary plat in the northeast segment of the overall project that has frontage on Black Cat Road and encompassed approximately 7.4 acres of land; this application removed a multi-family component of the project to include more single-family residential and included a rezone that changed the zoning of the property from the R-15 zoning district to the R-4 zoning district. In addition, at the time of the Oakmore preliminary plat and rezone, the Applicant also received approval of a DA Modification for the Oaks North and Oaks South project area(H-2018-0117) to do what this DA Modification aims to do,update the concept plan by creating a new DA for the Oakmore Subdivision 7.4 acres. However, the modified DA from this application was never executed and is no longer valid or applicable. In short,the Applicant was required to submit this DA modification prior to the plat expiring on August 6, 2021 to keep the Oakmore preliminary plat valid and to move forward with a new DA for the subject 7.4 acres. In summary, Staff recommends approval of the Development Agreement Modification to create a new DA for the Oakmore Subdivision. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA of Oaks North Subdivision (Inst. #114030972)for the purpose of entering into a new DA for the 7.4 acres of land in the R-4 zoning district as recommended by Staff s analysis above and with the specific provisions noted below. B. The Meridian City Council heard these items on October 5,2021.At the public hearin ,the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Jeff Bowers,Applicant Legal Representative b. In opposition:None C. Commenting: Jeff Bowers d. Written testimony: 1 piece—opposing any changes to the zoning that would increase density of Oaks North project. e. Staff presenting application: Joseph Dodson,Associate Planner 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. History of why previous DA was never si ed- b. Context of request being egfirgly administrative in order to formalize the approved Oakmore Plat and is not changing any other component of the existing Oaks North DA. Page 2 EXHIBIT A 4. City Council change(s)to Staff recommendation: a. None V. CITY/AGENCY COMMENTS & CONDITIONS A. Planning: 1. The Applicant shall enter into a new DA subject to provisions below and the updated conceptual development plan for the subject area outlined in the attached legal description (see Exhibit V.B). The subject area will no longer be bound by the existing DA(Inst. # 114030972). The agreement shall be signed by the Developer and returned to the City& Planning Division within six(6)months of the City Council the granting modification. The Developer shall develop the property in accordance with the following provisions: a. Future development of the Property shall be generally consistent with the submitted preliminary plat,site plan,landscape plan,open space exhibit,and conceptual building elevations included in Section VII of the Oakmore Subdivision(H-2018-0117) and Exhibit V.D of this report. b. For phasing purposes,the Oakmore plat shall be considered a phase of the Oaks North Subdivision and shall remain valid as successive phases receive City Engineer's signature.As long as the submittal and recordation of a final plat is completed in the timeline outlined in UDC 11-6B-7,both projects remain valid and do not expire. c. The Developer shall comply with all City ordinances in effect at the time of final plat submittal for each phase of development. Page 3 EXHIBIT A B. DA Legal Description and Exhibit Map of the Area Subject to the New DA(dated: August 7, 2019): OA«MORE SUBDIVISION RA REZONE - EXHJBIT N89,25'35`N W. CHINDEN kVD. 21 22 E 1 f!8 - -�- 1307-26' - - - - - - 9 7 Jn a 1 I 589'22'11"E - 115.49' � # NOT-A-PART i � � fiARC1:L S0+2B1d319fi �" n 5745 W. BLAa CAT Rp- t g OAKMORE SUBDIIASION R-4 REZONE b m T,39 ACRES (321,7& SF) ca ru PARCEL M428143240 S85 N. "K CAT M ry I NS9'2�'07'W 1312.3�' PaH T OF NCT-A43.uRT BEGINNING � yl PMUL S042014300 5625 N- BLACK CAT PC. —28 27 CE IAG 11 I C� r`r +I� r� p L LA hrp S7 ]8 2 4 9i Nf, f+1C>i.IILLAFI AD lutions f LA,ndi4 o a 100 zoo 400 0 f � -Aand 5un�ting and Consulting gyp` 23.E srr n.STE A MEPIDLk.4 RIU2 IAAIM2049 J1'0UJ2MT157r: Page 4 EXHIBIT A LEGAL DESCRIPTION OAKMORE SUBDIVISION REZONE —R-4 A parcel of land located in the NE %of Section 28,T.4N.,Pt,W. P.M..Meridian, Ada County, Idaho, more particularly described as folkms: Commencing at a brass cap marking the sou#heart corner crf said NE 'f,, from which an alur6num cap marking the northeast corner of said NE 'Y;bears N 0029'20"E a distance of 2838.62 feet Thence IN 0'29'20'E along the easterly boundary of said NE J. a distance of 214.94 feet to the POINT O1=BEGIWNING; Thence leaving said easterly boundary North 89'21'07'Nest a distance of 1312,36 feet; Thence N 6'36'34'E a d:stance of 444.28 feet, Theme S 89"22'11" E a d istance of 175 08 feet: Thence S 0`29'20"IN a distance of 230,a0 feet: Thence S 8W22'42" E a dslanoe of 1136.34 feet to a paint on said easterly boundary of the said Semn 28; Thence S 0'29'2Q"VV along Said easterly Eoundary a distance of 214.04 feet to the POINT OF BEGINNING. This parcel contalns 7.39 acres and is subject to any easements existing or in use. Clinton W Hansen, PLS Land Solutions. PC , ` `��` 19 Revised: August 7. 2019 T � 4 � r: 11118 ?/d" 0 W V�V" Page 5 EXHIBIT A C. Existing DA Concept Plan T. ITF 4-4 . �. �x�D xDDDD � Area in question v�D�xPi DEz rxP; Id Tr (oPj aalnPi z xDDx +.;qnx cr Dx yPdxooa� eEP ""°'"•"" --ExrPYAIr—E ➢E—D nxD MDxw[xr fENSENSELTS O THE OAKS NORTH SUBDIVISION _.W.. s : MERIDIAN, IDAHC PRELIMINARY PLAT LANDSCAPE PLAN Page 6 EXHIBIT A D. Oakmore Subdivision approved plans(H-2018-01 17): 1 RUT i R 8 see �,38,�• , R-4 vecrm � I s e s en. nu i s�� xea'r•ork �a,zaa _ __ mr erm~_ _ _ 1 e�a�l R-4 y�3RiPET 9ELTDN-50'�HT-0E-WAY _ _ _✓w,a wnxar i¢r ,or PRE-1 Page 7 EXHIBIT A . rcm�gorhsiena Eweorvsux P ;48 S58 r ,P�oPA,x - ------ I;°ol a 6 9'• PLANT PALETTE Viy�gE Sm x.,x _.. � �«� �TM NOTE ® ��� .�.�., T(q2 _ ^^� KE'Y MAP Qm q s€p 4Yew oucwi JENSENBELTS O OF�l Page 8 The EXHIBITA rewl The Barrett The Chapman The Emerson The Gilbert Page • { EXHIBITA The Jamison The Kirkham MIEN The Mai:GrV a The Math;s-or, 1 �#SOO,• Page 10 EXHIBIT A The Richland : ; i - Page 11 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Bid and Award Multi-Year Contract Between the City of Meridian and Univar Solutions for Polymer Chemicals at WRRF for the Not-to-Exceed Amount of $250,000.00 Per Fiscal Year C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: October 19, 2021 Presenter: N/A Estimated Time: N/A Topic: Approval of Bid and Award to Univar Solutions Recommended Council Action: Approve Bid and Award Multi-Year Contract to Univar Solutions for Polymer Chemicals at WRRF for the Not-to-Exceed amount of$250,000.00 per fiscal. Also authorize Procurement Manager to sign the Purchase Order for the Not-to-Exceed amount of$250,000.00. Background: Univar Solutions met and passed all testing requirements at the WRRF plant. AGREEMENT FOR EQUIPMENT / SUPPLIES THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 1 st of October, 2021, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Univar Solutions, hereinafter referred to as "SUPPLIER", whose business address is 1804 N. 20th St. Nampa, ID 83687. INTRODUCTION Whereas, the City has a need for services involving the procurement of POLYMER CHEMCIAL; and WHEREAS, the Supplier is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the document titled "Supply Specifications & Requirements" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The Supplier shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Supplier represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made POLYMER FY22 page 1 of 14 or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not- To-Exceed $250,000.00) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2027 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. 3.3 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. POLYMER FY22 page 2 of 14 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Supplier's business; or c) Death of Supplier. 3.5 FUNDING The amounts beyond the 2022 fiscal year have not yet been appropriated by the City. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Any and all additional expenditures beyond the current fiscal year MUST be approved by City Council and memorialized by a written amendment or change order to this Agreement. Agreement is contingent upon budget approval for each fiscal year. 4. Termination: 4.1 If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent supplier, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and POLYMER FY22 page 3 of 14 therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 5.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 6. Indemnification and Insurance: 6.1 SUPPLIER 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 and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or subcontractors POLYMER FY22 page 4 of 14 and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Supplier begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. 6.4 The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: POLYMER FY22 page 5 of 14 Item#12. City of Meridian Procurement Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Univar Solutions Attn: Wes Richards 1804 N 20th St Nampa, ID 83687 Phone: 208-391-1850 Email wes.richards(a�univarsolutions.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. 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 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. 10. 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 party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and POLYMER FY22 page 6 of 14 Page 130 Item#12. information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and conditions of this Agreement. 18. 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. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to POLYMER FY22 page 7 of 14 Page 131 Item#12. be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, and successful bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Public Records: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Supplier may be open to public inspection and copying unless exempt from disclosure. The Supplier shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The City will not accept the marking of an entire document as exempt. In addition, the City will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Supplier shall indemnify and defend the City against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Supplier's failure to designate individual documents as exempt. The Supplier's failure to designate as exempt any document or portion of a document that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. POLYMER FY22 page 8 of 14 Page 132 Item#12. CITY OF MERIDIAN UNIVAR SOLUTIONS BY: KEITH WATTS, PROCUREMENT MANAGER 10-19-2021 � Dated: Dated: Approved as to Form CITY ATTORNEY POLYMER FY22 page 9 of 14 Page 133 Item#12. Attachment A Supply Specifications & Requirements a. The polymer shall be the following, or an approved equal in quality and performance: • Minimum Sludge Cake Solids: 17.0% • Minimum Solids Recovery: 98.5% Note: Centrate Total Suspended Solids Concentration must be less than 300 mg/L. b. The successful bidder shall demonstrate compliance with the performance requirements herein. C. Polymer must dissolve easily and completely in potable water within 10 minutes, in concentrations up to 0.5% by weight. d. The polymer price shall be "per pound- polymer" delivered. The bid price shall also include the cost of container return services. e. Polymer concentration shall not be less than 33%. The bid must also contain the weight of polymer per US gallon. This information will be used to calculate cost based on liquid quantity of polymer. Delivery of Polymer f. Polymer shall be delivered by the Bidder to the City of Meridian Wastewater Treatment Facility: • 3401 N Ten Mile Road, Meridian, Idaho 83646. All shipping and delivery charges shall be paid by the Bidder and shall be included in the bid price. The City of Meridian intends to place orders on a quarterly basis. It is estimated that each order will be enough to achieve approximately 350 dry tons of biosolids. g. The bid shall be based on shipments of one-ton containers (Tote-Bin, IBC). The amount of polymer required is estimated to be equivalent to the amount needed to achieve 1,500 to 1,800 dry tons of biosolids per year. h. In no event shall polymer delivery take longer than five (5) business days from winning bidder's receipt of City's polymer order. POLYMER FY22 page 10 of 14 Page 134 Deliveries shall be made between 8:30 a.m. and 4:30 p.m., Monday through Friday, xcluding holidays. j. The winning bidder shall aid in optimizing the settings on the City's polymer blending/mixing units when required. The bid prices shall include the cost of up to three evaluations at the City's treatment plant during the year. k. The winning bidder shall promptly provide personnel necessary to assist in the proper application of their product. I. The prices in the winning bidder's bid shall be fixed for each twelve-month term of the Contract. M. Polymer shall perform as stated in the Invitation for Bid during the entire term of the Contract and failure to comply will be just cause for City's termination of the Contract. n. Due to the large number of polymers available and the complexity of applications, the City reserves the right to purchase test quantities of polymer to continue testing (beyond the full-scale test) for the most economical application and delay award until a clear winner is determined. o. The City reserves the right to discontinue the use of the dewatering centrifuge (and associated polymer purchase) and to employ alternate methods of sludge conditioning, dewatering, and/or disposal. p. The City reserves the right to purchase alternate polymer from the winning bidder, should an alternate polymer better meet the City's needs. q. It is the Bidder's responsibility to visit the site and conduct on-site (bench-scale) testing of products to select the best product for evaluation. The Bidder will also be responsible for knowing the type of polymer make-up equipment at the site to ensure their product is compatible with the existing feed equipment. r. After the bid opening the City will contact bidders to arrange for the full scale testing of the proposed polymers. The Bidder will supply, at no charge to the City, a one-day supply (8 hours of run-time) of polymer to treat approximately 60,000 gallons of sludge for a full-scale performance evaluation. The polymer supplied for full scale testing must be the polymer that is used in determining the bid price. Full scale testing will begin on July 19, 2021 and conclude by August 20, 2021. It is the responsibility of all Bidders submitting bids to have products on-site for testing purposes no later than 4:30 pm on July 16, 2021. Any product received after this date may not be considered. Bidders will be allowed one day (no more than 8 hours) to set-up and test their polymer during full scale operation. No adjustments will be allowed to the Centrifuge other than polymer dose during the set-up/testing period. Following the maximum 8-hour set-up/testing period, or when bidder declares they are ready, full scale evaluation shall begin (this may be the next day). The centrifuge shall be started in automatic mode and ran for a period of not less than three hours. City staff will measure polymer usage and centrifuge performance hourly for at least three hours. During the evaluation period NO adjustments to any equipment will be allowed. Any adjustments to any equipment during this period may be deemed immediate grounds for dismissal of the pr� Page 135 POLYMER FY22 page 11 of 14 Only products that meet or exceed the minimum requirements set forth in this document, irem#�2. as demonstrated in the full-scale performance evaluations and specified herein, will be considered for award. Due to the time it will take to complete the full-scale testing, award of the supply contract may not occur until 4-6 weeks after bid opening. S. By submitting a product for testing, the Bidder acknowledges that it is able to supply this product, at the same performance quality and manufacturing specifications, at the volume necessary to fulfill the terms/length of the annual contract. Lab samples will be checked against future deliveries of product to ensure performance-based standards. The Bidder will be required to produce, at the City's request, retained samples of product batches delivered. An MSDS sheet must accompany each shipment and a certificate of analysis stating the total solids, bulk viscosity, and dilute viscosity. The City reserves the right to conduct lab analysis on each load delivered to verify the certificate of analysis. t. In the event the Bidder discontinues manufacturing the product supplied, or changes the manufacturing process, it is the Bidder's responsibility to inform the City of these changes and to supply, at no additional cost to the City, a product with equal or superior performance than the product previously supplied at no more than the annual contract price. U. In the event of a drop-in performance without a notification of change by the Bidder and with no significant changes in plant process, the sludge/polymer interaction will be documented and compared with the original sludge/polymer interaction. It will be the Bidder's responsibility to remove any polymer whose performance or specifications are deemed substandard by the City. Failure to do so may result in termination of the annual contract. POLYMER FY22 page 12 of 14 Page 136 Item#12. u. By submitting a product for testing, the Bidder acknowledges that it is able to supply this product, at the same performance quality and manufacturing specifications, at the volume necessary to fulfill the terms/length of the annual contract. Lab samples will be checked against future deliveries of product to ensure performance-based standards. The Bidder will be required to produce, at the City's request, retained samples of product batches delivered. An MSDS sheet must accompany each shipment and a certificate of analysis stating the total solids, bulk viscosity, and dilute viscosity. The City reserves the right to conduct lab analysis on each load delivered to verify the certificate of analysis. v. In the event the Bidder discontinues manufacturing the product supplied, or changes the manufacturing process, it is the Bidder's responsibility to inform the City of these changes and to supply, at no additional cost to the City, a product with equal or superior performance than the product previously supplied at no more than the annual contract price. w. In the event of a drop in performance without a notification of change by the Bidder and with no significant changes in plant process, the sludge/polymer interaction will be documented and compared with the original sludge/polymer interaction. It will be the Bidder's responsibility to remove any polymer whose performance or specifications are deemed substandard by the City. Failure to do so may result in termination of the annual contract. POLYMER FY22 page 13 of 14 Page 137 Item#12. Attachment B PAYMENT SCHEDULE TASK DESCRIPTION AMOUNT / LB A Praestol K274FLX - crosslinked Cationic Emulsion (includes delivery & container return $1.87 service Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. POLYMER FY22 page 14 of 14 Page 138 Item#12. Polymer FY22 (BT-68NX) Legend The green cells with bolded numbers indicate that this bid was the lowest price. The orange cells indicate that this item from that vendor was selected. The green cells with orange outline indicate that this item from that vendor was self has the lowest price. Page 139 Item#12. $ 123 acted, and Page 140 Item#12. Polydyne Inc. Un Total Cost $ 1.37 Selected# 1 Selected ($) $ 1.37 # Locked Items Selected Lowest Name&Typ PricePerPo TotalCosttoi Name&Typ 1 #0-1 FALSE Liquid Emu$ 1.37 $ 1.37 'WE-1865 E $ 1.37 [$—1.37 Praestol K2 Page 141 Item#12. iivar Solutions $ 1.87 0 $ 0 PricePerPo TotalCosttoAchievelTonofDryBioSolids $ 1.87 $ 1.87 Page 142 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 10/5/2021 REQUESTING DEPARTMENT WW Project Name: Polymer Chemicals FY22 Project Manager: Travis Kissire Contract Amount: $250,000 p/FY Contractor/Consultant/Design Engineer: Univar Solutions Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3510 Yes ❑� No ❑ Construction ❑ GL Account 52015 FY Budget: 2022 Task Order ❑ Project Number: 10373 Enhancement: Yes ❑ No 0 Professional Service 0 Equipment ❑ Will the project cross fiscal years? Yes❑ No ✓❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 0 No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes ❑ No Q If no please state circumstances and conclusion: Univar was not the lowest price,only vendor to pass and meet all requirements Date Award Posted: 9/10/2021 7 day protest period ends: September 17,2021 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Active-Existing Insurance Certificates Received(Date): N/A Expiration Date: N/A Rating: Payment and Performance Bonds Received(Date): N/A Rating: Builders Risk Ins.Req'd: Yes ❑ No J❑ If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: October 8,2021 Approval Date 10-19-2021 By: Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final Item#12. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3510 - WW Treatment Plant From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining OPERATING COSTS 52015 Chemicals 529,999.92 0.00 529,999.92 100.00% 10317 Polyaluminum Chloride 0.00 72,000.00 (72,000.00) 0.00% Solution - WWTP 10427.c Ferric Chloride FY22 0.00 80,000.00 (80,000.00) 0.00% 11095.b Sodium Hypochlorite FY22 0.00 25,000.00 (25,000.00) 0.00% Total OPERATING COSTS 529,999.92 177,000.00 352,999.92 66.60% TOTAL EXPENDITURES 529,999.92 177,000.00 352,999.92 66.60% Page 144 Date: 10/8/21 08:12:18 AM Pag 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Ground Lease Between the City of Meridian and West Ada School District for Municipal Water Well Lot &W, Mayor Robert K Simison IDIAN� City Council Members Joe Borton Treg Bernt Public Works � D A H O Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek, Assistant City Engineer- Water DATE: October 5, 2021 SUBJECT: GROUND LEASE FOR MUNICIPAL WATER WELL LOT BETWEEN THE CITY OF MERIDIAN AND THE WEST ADA SCHOOL DISTRICT REQUESTED COUNCIL DATE: October 19, 2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the Ground Lease for Municipal Well Lot 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Kyle Radek,Assistant City Engineer 208-489-1343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background Constructed in 1979, Well 11 is the City's oldest operating well. The well and pumping facility is reaching the end of its useful life and is scheduled for replacement starting in FY 2026. The existing well lot is not big enough to meet r current standards or accommodate modern pumping and possibly treatment facilities, therefore funds were scheduled in FY 2021 to purchase a new well lot in the same vicinity. A search for satisfactory and available properties in the area revealed that a long-term lease from West Ada School District was the best alternative. Page 146 Page 1 of 2 Item#13. B. Proposed Project The project is a 99-year lease of a 130ft x 140ft piece of land at total cost of $10,800.00 ($1,000.00 for the first year plus $100 per year for the remaining 98 years). IV. IMPACT A. Service/Delivery mpact: This lease will allow Public Works to move forward with plans to replace the current Well 11 and continue to provide water service to customers. B. Fiscal Impact: Project Costs: ------------------------------------------------------------------------------------------------- Fiscal Year 2022 ------------;----------------------------------------------------------------------: --------------------------------- ------------------------------------ --------------------------------- ----------------------------------'---------- Total-Project Cost' $10,800.00 Project Funding --------------------- ----------------------------------i--------------------------------- Fiscal Year Account Code/Codes ------------------------- - ------------------------------------i--------------------------------- 3490-91000 $99,000.00 --------------------------------- ;----------------------------------------------------------------------- ----------------------------------=---------------------------------------------------------------------- ---------------------------------- ---------------- Total Funding�------------------ $99,000.00 V. ALTERNATIVES Other properties in the area were considered but none were both satisfactory in terms of size, location, value, or availability. There are currently no alternative properties that would be suitable for a well site to replace the original Well 11. VI. TIME CONSTRAINTS Execution of the Lease Agreement will allow Public Works to stake the ground and begin coordinating with the School District for future improvements. VII. LIST OF ATTACHMENTS Ground Lease Agreement Approved for Council Agenda: /o—to 2( Page 147 Page 2 of 2 ADA COUNTY RECORDER Phil McGrane 2021-154600 BOISE IDAHO Pgs=13 BONNIE OBERBILLIG 10/26/2021 10:52 AM CITY OF MERIDIAN, IDAHO NO FEE GROUND LEASE FOR MUNICIPAL WATER WELL LOT THIS GROUND LEASE ("Ground Lease") is made by and between Joint School District No. 2, dba West Ada School District, an Idaho school district and body politic and corporate of the State of Idaho (herein referred to as "Landlord") and the CITY OF MERIDIAN, an Idaho Municipal Corporation (herein referred to as "Tenant"). 1. Definitions. The following terms as used in this Ground Lease shall have the meanings hereinafter set forth: 1.1 "Landlord": Joint School District No. 2, dba West Ada School District, an Idaho school district and body politic and corporate of the State of Idaho. 1.2 "Tenant": The City of Meridian, and Idaho Municipal Corporation. 1.3 "Leased Premises": That portion of real property as Legally Described on Exhibit "A" and generally depicted on Exhibit" attached hereto and incorporated herein by this reference. 1.4 "Improvements": The improvements to be constructed on the leased premises pursuant to Article 5.1. 1.5 "Easement Premises": The water main easement set forth in Exhibit "C" attached hereto and incorporated herein by this reference. 2. Lease and Easement 2.1 Lease of Ground. In consideration of the rents and covenants herein stipulated to be paid and performed, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Leased Premises. Title to the Leased Premises at the effective date of this Agreement shall be free of all liens, encumbrances, easements, restrictions, rights and conditions of record or known to Landlord except those approved by Tenant in writing. 2.2 Use of Leased Premises. In addition to the terms and conditions set forth in Article 6 of this Agreement, the Tenant shall use and occupy the Leased Premises only as a location for the drilling and operation of a municipal water well and related purposes, and for no other purpose whatsoever, and subject to the following restrictions: Tenant shall make no unlawful use of the Leased Premises, nor shall Tenant conduct any activities of an ultra-hazardous nature upon the Leased Premises. Ground Lease- GROUND LEASE FOR MUNICIPAL WATER WELL LOT THIS GROUND LEASE ("Ground Lease") is made by and between Joint School District No. 2, dba West Ada School District, an Idaho school district and body politic and corporate of the State of Idaho (herein referred to as "Landlord") and the CITY OF MERIDIAN, an Idaho Municipal Corporation (herein referred to as "Tenant"). 1. Definitions. The following terms as used in this Ground Lease shall have the meanings hereinafter set forth: 1.1 "Landlord": Joint School District No. 2, dba West Ada School District, an Idaho school district and body politic and corporate of the State of Idaho. 1.2 "Tenant": The City of Meridian, and Idaho Municipal Corporation. 1.3 "Leased Premises": That portion of real property as Legally Described on Exhibit "A" and generally depicted on Exhibit"B" attached hereto and incorporated herein by this reference. 1.4 "Improvements": The improvements to be constructed on the leased premises pursuant to Article 5.1. 1.5 "Easement Premises": The water main easement set forth in Exhibit "C" attached hereto and incorporated herein by this reference. 2. Lease and Easement 2.1 Lease of Ground. In consideration of the rents and covenants herein stipulated to be paid and performed, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Leased Premises. Title to the Leased Premises at the effective date of this Agreement shall be free of all liens, encumbrances, easements, restrictions, rights and conditions of record or known to Landlord except those approved by Tenant in writing. 2.2 Use of Leased Premises. In addition to the terms and conditions set forth in Article 6 of this Agreement, the Tenant shall use and occupy the Leased Premises only as a location for the drilling and operation of a municipal water well and related purposes, and for no other purpose whatsoever, and subject to the following restrictions: Tenant shall make no unlawful use of the Leased Premises, nor shall Tenant conduct any activities of an ultra-hazardous nature upon the Leased Premises. Ground Lease - 1 Item#13. 2.3 Easement. Tenant's use of the Leased Premise requires an associated Water Main Easement dated of even date herewith and to be recorded as a separate document in the land records of Ada County Idaho. Payment for the Easement is included in the Rent set forth in Article 4. The parties agree to execute and record a vacation of the Easement upon the expiration of this Lease and any extension term. 3. Term. 3.1 Landlord leases and Tenant rents the Leased Premises for a primary term of Ninety-Nine (99) consecutive years commencing upon the "Effective Date" as defined in Section 19 of this Agreement and terminating on the Ninety-Ninth (99th) anniversary of the commencement date of the primary term. 3.2 Provided that this Lease shall be in full force and effect and that Tenant shall not be in default under any of the terms or conditions hereof, the Parties shall have an option to extend the term of this Lease upon mutual agreement. 3.3 Holding Over. Holding over is prohibited; provided, however, that the Parties understand and agree that any holding over by Tenant of the Leased Premises at the expiration, termination or cancellation of this Lease, for any reason, including, but not limited to, default for any reason or natural expiration, shall operate and be construed as a tenancy from month-to-month. If Tenant holds over beyond the term of this Lease or any extension or renewal hereof, Tenant shall be liable to Landlord for all costs, including a reasonable attorney fee, which may be incurred by Landlord for an action for unlawful detainer or for any appropriate action to recover possession of the Leased Premises against Tenant. 4. Rent. 4.1 Tenant agrees to pay Landlord rent for the first year in the amount of One Thousand Dollars ($1,000.00). Rent for the remainder of the term shall be in the amount of One Hundred Dollars (100.00) per year. The entire rent due for the 99 year term may be paid in advance at the execution of this Lease, and whose receipt shall be acknowledged by Landlord. 4.2 Rent payments shall be mailed to the West Ada School District, Attn: Superintendent, 1303 E. Central Drive, Meridian, Idaho 83642, unless Landlord notifies Tenant in writing of a different location. Ground Lease -2 Page 149 Item#13. Landlord shall provide Tenant written notice of any failure to pay rent andprovide 30 days from said notice to allow Tenant to cure the same. 4.3 In the event this Ground Lease is terminated pursuant to the provisions of this Lease prior to the end of the primary term or additional term then in effect, Rent shall be prorated to the date of termination, and Landlord shall refund to Tenant any rent paid and unearned as of the date of termination, together with any other sums paid by Tenant for periods beyond the date of termination. 5. Improvements on the Leased Premises. 5.1. Tenant may construct or have constructed such improvements on the Leased Premises as may be reasonably suitable for use of the Leased Premises for the purposes outlined in this Lease. Landlord shall not be obligated to construct any improvements on the Leased Premises for any reason. 5.2 After completion of the construction of the improvements, Tenant may, without the further consent of Landlord, make such further improvements or alterations as Tenant may from time to time deem necessary or convenient in connection with its use and occupancy of the Leased Premises as permitted under this Ground Lease. 5.3 Tenant shall not permit the lien of any contractor, subcontractor, mechanic, labor or materialman, or any other lien of any kind or nature to be imposed upon the Leased Premises, and shall promptly cause the same to be removed if any lien is imposed. Tenant shall not make any general assignment for the benefit of creditors. 5.4 Tenant shall not place or allow to be placed any mortgage or deed of trustor other encumbrance on any improvements on the Leased Premises or on Tenant's interest in the Leased Premises without the prior approval of Landlord. 5.5 Fee title to all improvements constructed on the Leased Premises by Tenant and all additions, alterations and improvements thereto made by Tenant, even though a part of the realty, shall be and remain in Tenant during the term of this Ground Lease or any extension thereof. 5.6 Upon the termination or expiration of this Ground Lease or any extensions thereof, Tenant shall at once peacefully surrender and deliver the whole of the above-described Leased Premises Ground Lease -3 Page 150 Item#13. together with all improvements (except all trade fixtures, furniture, and equipment) thereon to the Landlord, Landlord's agents or assigns. Upon such termination, Tenant shall de-commission the water well according to the rules of the State of Idaho then in effect. After de-commissioning of the well, fee title to all improvements then located on the Leased Premises shall pass to andvest in Landlord, and Tenant shall execute and deliver to Landlord a good and sufficient quitclaim deed of the Tenant's interest in this Agreement and the Leased Premises. 6. Use. 6.1 The Leased Premises shall be used only as a location for a municipal domestic water well and associated facilities. 6.2 Tenant shall use the Leased Premises in continued operations and shall not abandon the Leased Premises during the lease term or any extensions thereof. 6.3 Tenant shall, at all times, obtain and comply with all of such permits, licenses and approvals of any government agency, and keep the same in full force and effect, and, where applicable, renew or extend all of such licenses, permits or approvals, all at Tenant's sole cost and expense. 6.4 Tenant shall, in conducting any activity or business on the Leased Premises, comply with all environmental laws. If the Tenant fails to comply with any applicable environmental laws, the Landlord may enter the Leased Premises and take all reasonable and necessary measures, at the Tenant's expense, to insure compliance with environmental laws, after providing Tenant 30 days prior written notice of Landlord's intent to do so which identifies Tenant's specific failures to comply as alleged by Landlord. In the event of a release or a threatened release of hazardous materials, hazardous wastes or other contaminants into the environment relating to or arising out of the Tenant's use or occupancy of the Leased Premises,or in the event of any third party claim, demand, action or notice is made against the Tenant regarding the Tenant's failure or alleged failure to comply with any environmental laws, the Tenant immediately shall notify the Landlord in writing and shall provide the Landlord with copies of any written claims, demands, notices or actions, so made. The Tenant shall undertakesuch steps to remedy and remove any hazardous materials or hazardous wastes and any other environmental contamination caused by the Tenant on or under the Leased Premises, as are necessary to protect the public health and safety and the Ground Lease-4 Page 151 Item#13. environment from actual or potential harm and to bring the Leased Premises into compliance with all environmental laws. 6.5 Landlord covenants that so long as no default has occurred, Tenant shall have quiet and peaceful possession of the Leased Premises free and clear of any person claiming by, through or under Landlord, and subject to all matters and rights of record appearingon the land or known to Tenant as of the effective date of this Ground Lease. 6.6 While no such taxes or assessments may be validly imposed at this time against the Tenant by any governmental entity, if, in the future such taxes or assessments are allowed and upheld as valid against the Tenant, then Tenant shall pay any such ad valorem tax or assessment which may be lawfully and validly assessed against Tenant's interest in the Leased Premises, Tenant's improvements, or any of Tenant's personal property located on the Leased Premises. 6.7 Tenant's signage on the Leased Premises shall comply in all respects with the requirements for signs contained in Meridian City Code. 6.8 Tenant may obtain electrical or other utility services consistent with any recorded utility easement obtained by the Tenant at such locations as approved in writing by Landlord which approval shall not be unreasonably withheld. If necessary, Tenant shall seek and obtain from Landlord all appropriate utility easements which are not now the subject of an existing and legally sufficient utility easement, which easements shall be recorded as provided by law. Landlord shall cooperate with Tenant and utility service provider. Tenant shall pay for any and all costs resulting from the installation, maintenance or operation of utilities in connection with its use of the Leased Premises. 7. Utility Charges. Tenant shall pay, prior to delinquency, all utilities or services used by the Leased Premises during the term of this Ground Lease. 8. Maintenance and Repair. 8.1 Tenant shall, at Tenant's sole cost and expense, maintain the Leased Premises and improvements in good repair and condition. Tenant agrees to maintain any improvements upon the Leased Premises in a good state of repair and condition, including the appearance of the improvements. Such maintenance, repairs and replacements shall be madepromptly as and when necessary. Ground Lease-5 Page 152 Item#13. 8.2 Tenant shall make suitable arrangements for the storage, collection, and removal of all trash, garbage and other refuse resulting from Tenant's activities on the Leased Premises. 9. Liability of Parties and Insurance. 9.1 Landlord will defend Tenant against any claims that arise solely from wrongful acts, omissions or negligence of Landlord in the course of performance of this Agreement, but does not assume responsibility for the acts, omissions or negligence of the Tenant or its officials, employees, agents, and invitees. Tenant will defend Landlord against all claims that occur upon the Leased Premises and/or which arise from the activities or actions of Tenant upon the Leased Premises, and from the wrongful acts, omissions or negligence of Tenant in thecourse of performance of this Agreement, but does not assume responsibility for the acts, omissions or negligence of the Landlord or its officials, employees, agents, and invitees. Each party shall promptly notify the other of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claim. This indemnity is provided by and between Landlord and Tenant as public agencies under Idaho law, only to the extent allowed by law, and is subject to the limitations on liability and damages provided by the Idaho Tort Claims Act. 9.2 Liability Insurance. Tenant, at its own expense, shall keep and maintain in full force and effect a comprehensive policy of property and general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho, insuring a I I o f Tenant's obligations under this Agreement, including Tenant's activities upon, in and about the Leased Premises, in the limits set forth in the Idaho Tort Claims Act, naming Landlord as a Certificate Holder. 10. Condemnation. In the event of a partial or total taking of the Leased Premises by condemnation, eminent domain or any transfer thereof, this Ground Lease shall terminate. Tenant shall be entitled to all awards for taking of Tenant's Improvements on theLeased Premises, and any payments as may be due from the Condemning Authority for the interruption and relocation of Tenant's Improvements. 11. Assignment, Subletting. Neither Tenant nor Landlord shall assign this Ground Lease - 6 Page 153 Item#13. Ground Lease or sublet the whole or any part of the Leased Premises. 12. Default and Termination. 12.1 In the event of a monetary default consisting of the failure to pay rent or other money due Landlord from Tenant, Tenant shall be in default immediately upon the day such payment is due and not made, subject to Landlord's compliance with Section 4.2 herein. In addition to any other remedy, Landlord may exercise a remedy of terminating this Ground Lease in the event of a monetary default thirty (30) days after Landlord gives written notice of Tenant's monetary default if such default is not fully cured within such thirty (30) day period. Any failure by Tenant to pay sums due under this Ground Lease shall be deemed a material default. 12.2 In the event of a default other than a monetary default, either party shall be deemed to be in default and subject to termination upon the expiration of thirty (30) days from the receipt of written notice from the other party specifying the particulars in which the party has failed to perform the obligations of this Ground Lease, unless that party, prior to the expiration of said thirty (30) days, has rectified the particulars specified in the notice. However, such party shall not be in default if such failure cannot be rectified within the thirty (30) day period, provided such default will not cause the loss of any of the governmental permits, licenses or approvals authorizing operations on the Leased Premises, and provided such party is using good faith and commercially reasonable efforts to rectify the particulars. 12.3 The failure of a party to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default of the terms, conditions and covenants herein contained. 13. Compliance with Laws. 13.1 Tenant shall comply with and cause the Leased Premises to be in compliance with all laws, statutes, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations and requirements of and agreements with allgovernments, departments, commissions, boards, courts, authorities, agencies and officials which now or at any time hereafter may be applicable to the Leased Premises or any part Ground Lease -7 Page 154 Item#13. thereof, or any construction upon, use or condition of the Leased Premises or any part thereof, and all contracts, agreements, easements, encumbrances, covenants, conditions and restrictions existing at the commencement of the Term or thereafter consented to by Tenant in writing affecting the Leased Premises or the ownership, occupancy or use thereof or construction thereon. 14. Notices. Any notices required or desired to be given under this Ground Lease shall be in writing and personally served or given by U.S. Mail. Postal notices shall be deemed to be given on the date deposited with the United States Postal Service. Any notice given by mail shall be sent first class, postage prepaid, return receipt requested, addressed to the party to receive it at the party's principal place of business or at such other address as the party may from time to time direct in writing. 15. Attorneys' Fees. If either party to this Ground Lease is required to initiate or defend litigation in any way connected with this Ground Lease, the prevailing party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. If either party to this Ground Lease is required to initiate or defend litigation with a third party because of the violation of any term or provision of this Ground Lease, or obligation of the other party to this Ground Lease, then the party so litigating shall be entitled to reasonable attorneys' fees from the other party to this Ground Lease. Attorneys' fees shall include attorneys' fees on any appeal. In addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and the discovery, travel and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action andshall be enforceable whether or not such action is prosecuted to judgment. 16. Time is of the Essence. Time is and shall be deemed of the essence in respect to the performance of each provision of this Ground Lease. 17. Article Headings. The article headings of the Ground Lease are inserted only for reference and do not affect the terms and provisions hereof. 18. General Provisions. 18.1 All of the provisions contained in this Ground Lease shall be binding uponand inure to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto. 18.2 In the event of any violation or threatened violation by any person of any of the easements, covenants or restrictions contained in this Ground Lease, Landlord and Tenant shall each have the right to enjoin such violation or threatened violation in a court of Ground Lease-8 Page 155 Item#13. competent jurisdiction. The right of injunction shall be in addition to all other remedies set forth in this Ground Lease. 18.3 If any term, covenant, condition or agreement of this Ground Lease or theapplication of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Ground Lease or the application of such term, covenant, condition or agreement to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition or agreement of this Ground Lease shall be valid and shall be enforced to the extent permitted by law. 18.4 This Ground Lease contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Ground Lease shall be construed as a whole and not strictly for or against any party. 18.5 In construing the provisions of this Ground Lease and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. 18.6 The provisions of this Ground Lease are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties. This Ground Lease is not intended to create, nor shallit be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. 18.7 This Ground Lease or a "Memorandum of Ground Lease" shall be executed and acknowledged by the parties and may be recorded in Ada County, Idaho. Such Memorandum of Ground Lease shall include a recitation of the effective date of this Ground Lease and a recitation of the date of Tenant's occupancy of the Leased Premises for use as a domestic water well lot. 19. Effective Date. 19.1 Effective Date. The "effective date" for this Ground Lease shall be date upon which both parties have fully executed this Agreement. END OF TEXT. SIGATURES ON FOLLOWING PAGES Ground Lease -9 Page 156 Item#13. LANDLORD: JOINT SCHOOL DISTRICT NO. 2, dba WEST ADA SCHOOL DISTRICT Dr. Derek Bub, Superintendent STATE OF IDAHO ) ) ss County of Ada ) On this 2F!L day of in the year of 2021, before me a Notary Public of said State, personally appeared Dr. Derek Bub (signer), known or identified to me to be the Superintendent of the Joint School District No. 2, dba, West Ada School District who subscribed said District's name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said District. IN WITNESS THEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (s\a%Tulu�iii ���4�V PUBo //////��% Notary Signature o EAEg211? 1z/%p� SgTE OF /;,��/I Ground Lease - 10 Page 157 TENANT: CITY OF MERIDIAN Mayor Robert E. Simison 10-19-2021 Attest by Chris Johnson, City Clerk 10-19-2021 STATE OF IDAHO ) County of Ada ) This record was acknowledged before me on 10-19-2021 (date) by Robert E. Simison, Mayor 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 Residing in Meridian, Idaho Ground Lease- 11 Page 158 Item#13. EXHIBIT A LEASE AREA DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO A parcel located in the SE 1/4 of the SW 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 8 of Block 1 of LOCUST GROVE INDUSTRIAL PARK as shown in Book 41 of Plats at Page 3391 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Being the south 140.00 feet of the east 130.00 feet of Lot 8 of Block 1 of LOCUST GROVE INDUSTRIAL PARK. This parcel contains 18,116 square feet (0.416 acres) more or less, and is subject to any easements existing or in use. Prepared by: Kyle A. Koomler, PLS Civil Survey Consultants, Incorporated O�pl AN January 27, 2021 � NS G� cc 18780 a 1-Z1-Z�o fF rfOF`'01� Q A, KOO Page 159 Item#13. EXHIBIT S SKETCH TO ACCOMPANY LEASE AREA DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE SE 114 OF THE SW 114 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, SOISE MERIDIAN, ADA COUNTY, IDAHO 20.00" ►{ i. I I LOCUST GROVL- INDUSTRIAL PARK BLOCK 1 LOT 8 SCALE' 1"=50' PROPOSED WATER LINE EASEMENT 20.00' ►i I+ 130.00' a 18780 OF !F A KO��� o LEASE z AREA CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 E LANARK STREET (208)888-4312 Page 160 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 21-2292: A Resolution of the Mayor and the City Council of the City of Meridian, Establishing the Reappointment of Rand Spiwak to Seat 3 and Mark Nelson to Seat 2 of the Meridian Solid Waste Advisory Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 21-2292 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING THE REAPPOINTMENT OF RAND SPIWAK TO SEAT 3 AND MARK NELSON TO SEAT 2 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, the Mayor and City Council for the City of Meridian wish to reappoint Rand Spiwak to Seat 3 and Mark Nelson to Seat 2 of the Meridian Solid Waste Advisory Commission with terms to expire September 30, 2024; and WHEREAS, the Mayor and City Council of the City of Meridian deems the reappointment of Rand Spiwak to Seat 3 and Mark Nelson to Seat 2 of the Solid Waste Advisory Commission to be in the best interest of the Meridian Solid Waste Advisory Commission and of the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That,pursuant to Meridian City Code§ 2-6-3,Rand Spiwak is hereby reappointed to Seat 3 of Meridian Solid Waste Advisory with a term to expire September 30, 2024; Section 2. That, pursuant to Meridian City Code § 2-6-3, Mark Nelson is hereby reappointed to Seat 2 of Meridian Solid Waste Advisory with a term to expire September 30, 2024;Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 19th day of October, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of October, 2021. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENT OF SPIWAK AND NELSON TO THE SOLID WASTE ADVISORY COMMISSION-Page 1 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 21-2293: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Blaine Johnson to Seat 2 and Jody Ault to Seat 7 of the Meridian Historic Preservation Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 21-2293 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING BLAINE JOHNSON TO SEAT 2 AND JODY AULT TO SEAT 7 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Section 2-1-1 establishes the Meridian Historic Preservation Commission, its members and terms of their appointments; and WHEREAS, the Mayor and City Council for the City of Meridian wish to reappoint Blaine Johnson to Seat 2 and Jody Ault to Seat 7 of the Meridian Historic Preservation Commission with terms to expire October 31, 2024; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Blaine Johnson to Seat 2 and Jody Ault to Seat 7 of the Meridian Historic Preservation Commission as recommended by Mayor Simison and described herein; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately,Blaine Johnson be reappointed to Seat 2 and Jody Ault be reappointed to Seat 7 of the Meridian Historic Preservation Commission, which terms shall expire October 31, 2024. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 19th day of October, 2021. APPROVED by the Mayor of the City of Meridian, Idaho,this 19thday of October,2021. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION REAPPOINTING JOHNSON AND AULT TO THE MERIDIAN HISTORIC PRESERVATION COMMISSION E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: October 19, 2021 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 21-2294: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Jo Greer to Seat 6, Keith Bevan to Seat 8 and Appointing Mandi Roberts to Seat 7 of the Meridian Parks and Recreation Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 21-2294 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING JO GREER TO SEAT 6, KEITH BEVAN TO SEAT 8 AND APPOINTING MANDI ROBERTS TO SEAT 7 OF THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, the Mayor and City Council for the City of Meridian wish to reappoint Jo Greer to Seat 6 and reappoint Keith Bevan to Seat 8 of the Meridian Parks and Recreation Commission with terms to expire October 31, 2024; and WHEREAS, the Mayor and City Council for the City of Meridian wish to appoint Mandi Roberts to Seat 7 of the Meridian Parks and Recreation Commission with a term to expire October 31, 2024; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Jo Greer to Seat 6,the reappointment of Keith Bevan to Seat 8 and the appointment of Mandi Roberts to Seat 7 of the Meridian Parks and Recreation Commission as recommended by the Mayor and Council as described herein; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Jo Greer be reappointed to Seat 6 and Keith Bevan be reappointed to Seat 8 and Mandi Roberts be appointed to Seat 7 of the Meridian Parks and Recreation Commission, which terms shall run through October 31, 2024. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho,thisl9th day of October,2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of October, 2021. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson City Clerk RESOLUTION RE-APPOINTING GREER AND BEVAN AND APPOINTING ROBERTS TO THE MERIDIAN PARKS AND RECREATION COMMISSION 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Meridian Road Island Beautification Discussion Item#17. Mayor Robert E. Simison E IDIA N - Treg Be City Council Members: rnt Brad Hoaglun Joe Borton Jessica Penrreault D A H 0 Luke Cavener Liz Strader MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton,Parks Superintendent DATE: October 11,2021 RE: Meridian Road Island Beautification Discussion We were asked about one year ago to look into the feasibility of purchasing and/or obtaining a license agreement for the purpose of landscaping 12 and 20 E.Ada Street similar to what's been done on the two parcels just north and south of these along Main Street and Meridian Road.We reached out to the owner to begin the process about one year ago. The owner's initial reaction led us to believe they weren't interested but that they might explore development instead. Several weeks ago,we contacted the property owner to see if anything changed.At that time the owner said they would be interested in granting the City permission via a License Agreement to landscape and maintain the two parcels until such time a legitimate development application is received by the City. After checking with Community Development, it appears as if development would be difficult, due to the existing Nampa& Meridian Irrigation District easement,flood plain concerns, and required setbacks. We welcome any questions Council has and would appreciate direction regarding next steps. Page 168 Item#1 Meridian Road Island Beautification Discussion Mike Barton, Meridian Parks and Recreation Parks Superintendent Page 169 JUL 7. E&ROADWAY AVE LU Existing Landscaping MEN, ;1Mr er ;MEMNON... + i- Beautification Project . - , Location - T 1 _ E-ROWER Sri ➢ Turfgrass ➢ Sprinklers t; '` rl�� �• -T� rF r ➢ Rock �+ ➢ Plants - - r rjr w_#{Or U. �k�, {' �,1 1 I •fi Existing h i S J Landscaping and t J +I Art : 6w "f L 1 h.: m ,Z - ri rT E W]LUAAAS S1 w . . i F ���;e1 + �• '���# •� rl � „�t FA 170 . E-FRANKLIN-RR— Item#17. F I Ilk hi 5 . J & Beautification Project Location ➢ Turfgrass ➢ Sprinklers ➢ Rock ➢ Plants Existing Landscaping and Art Existing Landscaping Page171 Item#17. Disc ussio n / Directio n .2 Next Steps - ➢ Execute a year-to-year license agreement with the property owner that automatically renews each year until such time there is a legitimate development application ➢ Execute a License Agreement with Nampa Meridian Irrigation ➢ Bring back a budget amendment for $45,000 (this includes an operating budget of $3,200 for contract maintenance) ➢ Late spring 2022 completion Page 172 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: None Item #18: Regency at River Valley Phase 3 (H-2021-0059) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 2.57 acres of land, is zoned C-C & C-G, and is located at 3270 & 3280 E. River Valley St. & 2480 N. Eagle Rd. History: There are two (2) existing DA’s for the subject property that require the northern portion of the site to develop with a self- service storage facility (Bach Storage) & the southern portion with a 10,150 square foot multi-tenant retail store (Option A) or a 2,879 square foot restaurant with a drive-through (Option B) (SGI). Comprehensive Plan FLUM Designation: Mixed Use – Regional (MU-R) Summary of Request: The Applicant proposes to replace both of the existing DA’s with one (1) new DA for the subject property with a rd new conceptual development plan. A multi-family development is proposed (the 3 phase of Regency at River Valley which exists to the east) consisting of 134 apartment units on 2.57 acres of land in the C-C & C-G zoning districts. A mix of studio, 1- and 2-bedroom units are proposed at a gross density of 52 units per acre. The multi-family structure is proposed to be 5-stories tall with parking and an entry lobby on the first floor. Off-street parking will be required per UDC standards for multi-family developments. Qualified open space will be required per the standards listed in UDC 11-4-3-27C; in phased developments such as this, common open space is required to be provided in each phase consistent with the requirements for the size & number of dwelling units. Common open space and site amenities are proposed to be shared between all phases of development. A subsequent CUP application is required to be submitted and approved for the proposed multi-family development. Development is subject to the specific use standards listed in UDC 11-4-3-27 for multi-family developments. A detailed review will take place with the CUP application to ensure compliance with the specific use standards and other UDC standards. Adjustments may be necessary to the concept plan to comply with these standards. High density residential (i.e. apartments) uses are desired in the MU-R FLUM designation, especially when located adjacent to SH- 55/Eagle Rd. and employment destination centers such as those along the Eagle Road corridor. The proposed development will be a third phase of the existing apartments to the east and will contribute to the mix of commercial (retail, restaurants, etc.), office and civic (Kleiner Park, Senior Center) uses in the area. For this reason, Staff is supportive of the proposed DA modification and has included recommended provisions for the new DA in Section VI of the staff report. Written Testimony: None Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0059, as presented in the staff report for the hearing date of October 19, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0059, as presented during the hearing on October 19, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0059 to the hearing date of ______________ for the following reason(s): (You should state specific reason(s) for continuance.) All of the letters of testimony submitted are in support of the CPAM request. Mr. Reimer is in support of the requested reduction to the width of the landscape buffer to residential uses from 25’ to 5’ along their shared boundary line (i.e. project’s northern boundary). Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0026, as presented in the staff report for the hearing date of October 19, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0026, as presented during the hearing on October 19, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0026 to the hearing date of ______________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #19: Hatch Industrial (H-2021-0026) Application(s): Comprehensive Plan Map Amendment Annexation Size of property, existing zoning, and location: This map amendment portion of the site consists of 42+/- acres & the annexation portion consists of 1.59 acres of land, zoned R1 in Ada County, L-O, I-L and C-C, located on the east side of N. Linder Rd., south of the railroad tracks, and north side of W. Franklin Rd. History: There is an existing childcare facility located on the property at 444 N. Linder Rd., zoned L-O; a birthing center/women’s healthcare facility located at 270 N. Linder Rd., zoned C-C; vacant/undeveloped land at the northeast corner of Linder/Franklin, zoned C-C; and warehouse/industrial uses on the eastern portion of the site in Creamline Park, zoned I-L. Note: The properties entitled with commercial/office zoning will be allowed to continue to operate as-is and/or develop with commercial uses as allowed by UDC Table 11-2B-2. The remainder of the 1+/- acre properties within the CPAM area that front on N. Linder Rd. are developed with single-family residential homes. If the CPAM is approved, the residential properties, when redeveloped, should be rezoned to I-L or I-H and develop with uses allowed in the applicable district as listed in UDC Table 11-2C-2. Comprehensive Plan FLUM Designation: Mixed Use – Community (MU-C) Summary of Request: Request for an amendment to the Comprehensive Plan FLUM to change the future land use designation on 42+/- acres of land from Mixed Use – Community to Industrial as shown. The Industrial designation allows a range of uses that support industrial & commercial activities. Industrial uses may include warehouses, storage units, light manufacturing, flex, and incidental retail and office uses. Approval of the proposed CPAM to Industrial will accomplish the following: 1) it will allow the existing residential/commercial properties within the site to redevelop with industrial uses which should be more compatible with existing industrial uses on the site and adjacent to the site; 2) industrial uses should be more compatible with existing industrial uses than uses allowed in the MU-C designation, which should minimize conflicts between land uses; 3) for the properties already zoned I-L and developed with industrial uses on the eastern portion of the site in Creamline Park, the amendment will “clean-up” the FLUM for this area so that the land use designation coincides with the existing approved uses; and the amendment will allow more industrial uses to develop which are needed in the City. A concurrent application was submitted for annexation of 1.59 acres of land with an I-L zoning district consistent with the proposed map amendment to Industrial. The subject property is part of an enclave area surrounded by City annexed property. Annexation of this land will provide more efficient provision of City services. Industrial uses exist to the west across N. Linder Rd. and to the east; single-family residences exist to the north and south in Ada County. The Applicant proposes to develop the property with a 19,975 square foot 10-unit industrial building to lease to contractors, mostly for storage with the potential for each space to have a small office and restroom. A warehouse use is principally permitted in the I-L district; professional services (i.e. offices) are allowed as an accessory use. Flex space is also a principally permitted use in the I-L district subject to the specific use standards listed in UDC 11-4-3-18. The conceptual development plan shown depicts the proposed structure, associated parking, driveway access and drive-aisles within the site. A 30’ wide easement exists along the east boundary of the site. Access is proposed via Linder Rd. with driveway stubs to the properties to the north & south for future cross-access upon redevelopment of those properties. A 25’ wide buffer to residential uses is required to be provided along the north & south boundaries. The Applicant requests Council approval of a reduced buffer width to 5’. Conceptual building elevations were not submitted for the industrial building; the design of the structure is required to comply with the design standards in the ASM. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jeff Hatch, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Gary Reimer, Joe Olson, Bogdan Martsenyuk, Soerabaia Living Trust. v. Key Issue(s): City Council Meeting October 19, 2021 Item #18: Regency at River Valley Ph. 3 Bach Storage & SGIDevelopment Plans forExisting Conceptual SGI Approved Option A or B Development Agreement Modification Proposed ConceptualDevelopment Plan Staff RecommendedProvisionsDevelopment Agreement Item #19: Hatch Industrial AERIALFLUMZoning Comprehensive Plan Map Amendment & Annexation– Comprehensive Plan AnnexationMap Amendment Conceptual Development Plan Neighbors listed are in SITE MartsenyukJoe OlsonReimerJoe OlsonSoerabaia 5’property lines from 25’ to along their shared reduced buffer width The Reimer’s & Olson’s are owners)received from 3 property (no response has been support of CPAM request Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from September 28, 2021 for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd. A. Request: Request: Modification to the existing Development Agreements (Inst. #113005608 — SGI and Inst. #2020-062947— Bach Storage) to remove the property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project. Page 173 Item#18. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: October 19, 2021 Topic: Public Hearing Continued from September 28, 2021 for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd. A. Request: Request: Modification to the existing Development Agreements (Inst. #113005608 - SGI and Inst. #2020-062947 - Bach Storage) to remove the property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 174 PUBLIC HEARING SIGN IN SHEET DATE: October 19, 2021 ITEM # ON AGENDA: 18 3 PROJECT NAME: Regency at River Valley Phase 3 (H-2021-0059) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name a J` i 2 i 3 1 4 5 6 7 8 9 10 11 12 13 14 Item#18. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 10/19/2021 Legend < DATE: Continued from 9128121 let �- i ®E TO: Mayor&City Council ' EBC FROAM: Sonya Allen,Associate Planner I 208-884-5533 - SUBJECT: H-2021-0059 I Regency at River Valley Phase 3 LOCATION: 3270&3280 E. River Valley St. &2480 N. Eagle Rd., in the NW 1/4 of Section 4, Township 3N.,Range 1E. I. PROJECT DESCRIPTION Modification to the existing Development Agreements(AZ-12-010, Inst. #113005608—SGI; and H- 2019-0121,Inst. #2020-062947—Bach Storage)to remove the subject property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project(i.e. Regency at River Valley Phase 3). II. SUMMARY OF REPORT A. Applicant: Brian Carlisle,Bach Homes— 11650 State St., Ste. 300,Draper,UT 84020 B. Owner: Shon Rindlisbacher,Bach Homes— 11650 S. State Street,Draper,UT 84020 C. Representative: Same as Applicant III. STAFF ANALYSIS The existing Development Agreements for the subject property requires the northern portion of the site to develop with a self-service storage facility (Bach Storage) and the southern portion with a 10,150 square foot multi-tenant retail store (Option A) or a 2,879 square foot restaurant with a drive-through (Option B) (SGI). The Applicant proposes to replace both of those DA's with one (1) new DA for the subject property with a new conceptual development plan. A multi-family development is proposed to develop on the site consisting of 134 apartment units on 2.57 acres of land in the C-C and C-G zoning districts.A mix Page 1 Page 175 Item#18. of studio, 1-and 2-bedroom units are proposed at a gross density of 52 units per acre. The multi-family structure is proposed to be 5-stories tall with parking and an entry lobby on the first floor. Off-street parking will be required per the standards listed in UDC Table 11-3C-6 for multi-family developments. Qualified open space will be required per the standards listed in UDC 11-4-3-27C; in phased developments such as this, common open space is required to be provided in each phase consistent with the requirements for the size&number of dwelling units. Common open space and site amenities are proposed to be shared between all phases of Regency at River Valley. Compliance with the specific use standards listed in UDC 11-4-3-27 for multi-family developments is required and will be reviewed with the conditional use permit application. Adjustments may be necessary to the concept plan to comply with these standards. A subsequent conditional use permit (CUP) application is required to be submitted and approved for the proposed multi-family development in the C-C and C-G zoning districts.Development is subject to the specific use standards listed in UDC 11-4-3-27 for multi-family developments. A detailed review will take place with the CUP application to determine consistency with the specific use standards and other UDC standards. High density residential (i.e. apartments) uses are desired in the Mixed Use —Regional Future Land Use Map (FLUM) designation especially when located adjacent to SH-55/Eagle Rd. and employment destination centers such as those along the Eagle Road corridor. The proposed development will be a third phase of the existing apartments to the east (i.e. Regency at River Valley) and will contribute to the mix of commercial (retail,restaurants, etc.), office and civic (Kleiner Park, Senior Center)uses in the area. For this reason, Staff is supportive of the proposed DA modification and has included recommended provisions for the new DA in Section VI. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA as proposed by the Applicant. Page 2 Page 176 Item#18. V. EXHIBITS A. Existing Approved Conceptual Development Plans(dated: 12/13/18) m � II II � I 2 I I SS i i J � nmta Walt o I I V a W& I [Y I I also:t. g —MU r7o �I I rn p 4 I I I c O - - ---'----- -------- WON M_ - - - - - =c om I ti I llllll IIII �o ------------- --- ��l,llllllllllll�l / __ Option A-Single Bldg .- I SGI Approved Option A or B r i s r a �rnf I I Retail BkU; I I 70'a 72' x I I e i gasp et. � s I r aetp^k ssa I I 2&79 as. � I I -----`-------------------------- IIIgII IIIVIIIIIIIII rwelvai,Fv9= F t _ I Dnve-Thru Allemate °® Page 3 Page 177 Item#18. Bach Storage Approved Conceptual Development Plan SITE INFO: - SI-L AH-A'.33.4I_`SI;91 ACRES1 — & ,'n-•1;.5 ` HDRIH j BUILDING.L.QX$F LARGE BUILDING'-190,DDD SF S0u1H5VIL1)ING:&2D0SF _ - f PARKING REQUIRED' STORAGE FACILITY-�GO.DDO SF-0 STALLS Or-ICE SPACE-I MO 5F-2 STALLS F� I FARKINGPROVII)ED.$STALLS(1 AI)A) mmrunsrtmcuF.. - �x �\ IY ------ — — BIOYCLE TALLS REOUP ROVIRED:1 BICYCLE STALLS PROVIDED'.1 L ---J 1� ��I.. �� 0 aid j ;I I ° =�I; S Build h y V �m e wk�nm su�xru � R '���J III• j I j i BACH STORAGE - 2500 N Eagle Rd. Meridian, ID 10-1-2019 SCALE:1"=3U'-O" Page 4 Page 178 Item#18. B. Proposed Conceptual Development Plan SITE INFO: SITE AREA:83,415 SF 12.56 ACRESI A UNITS:28 STACKED: 56 18 STACKED: 56 5 STUDIO: 16 TOTAL: 124(4U1AC) PARKING STALLS: 115 SURFACE 126 PODIUM 141.DOO SFI 241 T07ALSTALLS 1.94 STALLS/IfNU • i 1� e 1 w itt I a E �LU LU Y If co Ada ~, Q � Q 55 .. RIVER VALLEY PH. 3 - 2500 N Eagle Rd. Meridian, ID 9/03/2021 SCALE:1"=30'-0" Page 5 Page 179 Item#18. C. Legal Description for Property Subject to New Development Agreement &am E N G I N E E R I N G August 9,2021 Project No.21-159 Bach Investments, LLC Conditional Use Permit Legal Description Exhibit A A parcel of land being Lot 2, Block 1 of Rlvervalley Retail Subdivision(Book 105 of plats,pages 14591- 14593)and a portion of the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North, Range I Fast,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found brass cap markingthe West 1/4 cornerof said Section 4,which bears S00`36'00"W a distance of 2,611.39 feet from a found brass cap markingthe Northwest corner of said 5ection 4,thence following the westerly line of said Section 4,NOIY36'00"E a distance of 180.44 feet; Thence leaving said westerly line,S89'24'00"E a distance of 70.00 feet to a found 1/2-inch rebar marking the Northwest corner of said Rivervalley Retail Subdivision,on the easterly right-of-way line of North Eagle Road and beingthe POINT OF BEGINNING. Thence following said easterly right-of-way line,N00'36'00"E a distance of 363.50 feet to a found 5/8-inch rebar; Thence leaving said easterly right-of-way line,S89"23'52"E a distance of 230.02 feet to a found aluminum cap on the westerly boundary line of Bach Subdivision (Book 113 of plats,pages 16608- 16611); Thence following said westerly subdivision boundary line the following four(4)courses: 1. 500'33'50"W a distance of 217.06 feet to a found aluminum cap; 2. S4O'36'08"W a distance of 145.00 feet to a found 5/8-inch rebar on the northerly boundary line of Rivervalley Retail Subdivision; 3. S89'45'23"E a distance of49.86feet; 4. S00'36'08"W a distance of 180.00 feet to the northerly right-of-way line of East River Valley Street; Thence leaving said westerly subdivision boundary line and following said northerly right-of-way line, N89`45'23"W a distance of 129.75 feet to the westerly boundary line of said Lot 2; Thence leaving said northerly right-of-way line and following the westerly boundary line of said Lot 2 the following three(3)courses, 1. N00"1437"E a distance of 51.69 feet; 2. N89"39'28"W a distance of 39.00 feet; 3. NO0"08'13"E a distance of 128.24 feetto the northerly boundary line of said Rivervallczy Retail Subdivision; 5725 North Discovery Way•Boise,Idaho 93713 •20&939.6939• kmengllp.com Page 6 Page 180 Item#18. Thence leaving the westerly boundary fine of said Lot 2 and following said northerly subdivision boundary line,N89°45'23"W a distance of 169.88 feet to the POINT OF BEGINNING. Said parcel contains 2.570 acres,more or less,and is subject to all existing easements and/or rights- of-way of record. Al subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. pl LA No s E N S�� a C- 662 9T OF l�F Y K�1hL��4 Page 7 Page 181 Item#18. 32 33 TOWNSHIP 4 NORTH 5 4 TOWnSI I� �Ev RTH LINE TABLE �FORJND BRASS CAP, LINE BEARING DISTANCE NW CORNER SECTION 4 L' S89'24'00"I_ 74.00 UNPLATTED L2 S0'35'0$"W 145.00 a S89'23'52"E 230,02' L3 S89`45'23"E 49.86 I L4 Sa'36'03"w 180.00 O L5 N89'45'23W 129.75 70' L$ NO'14'37"E 51-69 L7 N89'39'28"w 39-00 L9 p L8 NO'08'13"E 128.24 �n M L$ N89'45'23"VI 109.$8 p N>~ LAND LOT 1,B LOOK 1 y�f N$� S r0 BACH SUBDIVISION01 4, r , O � i z a 6662 P O r1 , 4F 0- C Y KE or POINT OF BEGINNING L1 L3 -Foo�I (TIE) L9 •'hio za:�� Q I Q a LOT 2,BLOCK 1 z: I RIVERVALLEY RETAIL SUBDIVISION � LOT 1,BLOCK 1 L7 cg 5 LDT3,BLOCK 1,BACH SUBDIVISION 4 L5 POiN7 OF COMMENCEMENT E. River Valley Street FOIfND BRASS CAP, W 1 f4 CORNER, SECTION 4 Ian 0 50 100 200 Plan Scale E N C7 I IN E E R I N G 5725 NORTH DISCOVERY WAY BQISE,16AH0 83713 PHONE 009)639-b939 EXHIBIT B kmcngllp,cdn CONDITIONAL USE PERMIT- CITY OF MERIDIAN DATE: 6/9/2021 PROJECT- 21-159 SHEET: LOT 2,BLOCK 1 RIVERVALLEY RETAIL SUBDIVISION AND A PORTION OF THE SW 1/4 OF THE 1 OF 1 NW 114,SEC.4,T.3 N., R. 1 E.,B.M.,CITY OF MERIDIAN,ADA COUNTY,ID Page 8 Page 182 Item#18. VI. DEVELOPMENT AGREEMENT PROVISIONS 1. Development of the subject property shall no longer be subject to the terms of the Development Agreements for Bach Storage(H-2019-0121, Inst. #2020-062947)and SGI(AZ-12-010, Inst. #113005608). 2. Development of the subject property shall be generally consistent with the conceptual development plan shown in Section V.B. 3. Direct access to the site via N. Eagle Rd./SH-55 is prohibited per UDC 11-3H-4B.2. 4. A cross-access easement shall be granted to the properties to the north(Parcel#S1104233802), east(Parcel#R0748300100)and south(Parcel#R7476320010)for access via E. River Valley Street. A copy of the recorded easements shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for this site. 5. A 10-foot wide multi-use pathway shall be constructed along N. Eagle Rd. and E. River Valley St. within a public use easement;pedestrian lighting and landscaping shall be installed along the pathway consistent with the Eagle Road Corridor Study per the standards listed in UDC 11-3H- 4C.3. 6. A public pedestrian easement for the multi-use pathway shall be submitted to the City, approved by City Council, and recorded prior to issuance of the first Certificate of Occupancy on this site as set forth in UDC 11-3H-4C.3. 7. Future development shall comply with the design standards listed in the Architectural Standards Manual. 8. A conditional use permit is required to be submitted and approved by the Planning and Zoning Commission for the proposed multi-family development in the C-C and C-G zoning districts as set forth in UDC Table 11-2B-2. The proposed use is subject to the specific use standards listed in UDC 11-4-3-27 Multi-Family Development. 9. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s). Page 9 Page 183 Item#19. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Hatch Industrial (H-2021-0026) by Hatch Design Architecture, Generally Located on the East Side of N. Linder Rd. and the North Side of W. Franklin Rd., South of the Railroad Tracks, and at 160 N. Linder Rd. A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 42 +/- acres of land from Mixed Use —Community to Industrial. B. Request: Annexation of 1.59 acres of land with an I-L (Light Industrial) zoning district with a request for City Council approval of a reduced buffer width to residential uses from 25 feet to 5 feet. Page 184 Item#19. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: October 19, 2021 Topic: Public Hearing for Hatch Industrial (H-2021-0026) by Hatch Design Architecture, Generally Located on the East Side of N. Linder Rd. and the North Side of W. Franklin Rd., South of the Railroad Tracks, and at 160 N. Linder Rd. A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 42 +/- acres of land from Mixed Use - Community to Industrial. B. Request: Annexation of 1.59 acres of land with an I-L (Light Industrial) zoning district with a request for City Council approval of a reduced buffer width to residential uses from 25 feet to 5 feet. Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 185 PUBLIC HEARING SIGN IN SHEET DATE: October 19, 2021 ITEM # ON AGENDA: 19 PROJECT NAME: Hatch Industrial (H-2021-0026) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#19. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING October 19,2021 Legend DATE: IffProject Lacfl�iar TO: Mayor&City Council ■ a FROM: Sonya Allen,Associate Planner LEHE 208-884-5533 Of SUBJECT: H-2021-0026 Hatch Industrial—CPAM,AZ LOCATION: CPAM: East side of N. Linder Rd., south of the railroad tracks, and north side of W. Franklin Rd. � AZ: 160 N. Linder Rd. (Parcel No. R3579000045 &R3579000040; Lots 8 & - - 9,Heppers Acre Subdivision) SW 1/4 of Section 12,Township 3N., Range 1 W. I. PROJECT DESCRIPTION Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 42+/-acres of land from Mixed Use—Community to Industrial; and Annexation of(AZ) of 1.59 acres of land with an I-L(Light Industrial)zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 42+/-acres(CPAM); 1.59 acres(AZ) Future Land Use Designation MU-C(Mixed Use—Community) Existing Land Use Mix of residential,industrial,childcare facility and healthcare uses Proposed Land Use(s) Storage facility&future industrial uses Current Zoning or R1 in Ada County,L-O(Limited Office),I-L(Light Industrial)and C-C(Community Business) Proposed Zoning I-L(Light Industrial) Physical Features(waterways, I None hazards,flood plain,hillside) Page 1 Page 186 Item#19. Neighborhood meeting date;#of 3/30/21;4 attendees attendees: History(previous approvals) 270 N.Linder Rd. [AZ-09-004(Ord.#10-1442);CZC-10-071 —The Baby Place];Parcel#51212336031 (Ord.#387 JMK Properties AZ);444 N.Linder Rd. (AZ Ord#827—Kathleen &Wendell Lawrence) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions Linder Rd.is improved with 5-travel lanes,vertical curb, gutter&7' attached sidewalk.No additional improvements or right-of-way dedication is required with this application. • CIP/IFYWP No further improvements required. Access(Arterial/Collectors/State Access is depicted via Linder Rd. for the property proposed to Hwy/Local)(Existing and Proposed) be annexed with a cross-access driveway to adjacent properties to the north&south. Proposed Road Improvements None Fire Service No comment. Police Service No comment. C. Project Maps Future Land Use Map Aerial Map (fLegend M�€ (fLegend 0 e IPraject Lacs ® I Project i h sihy esih i_ ploy�rr`Yenf t .High D S Id IG U-Res 1 0�� ,Iry Page 2 Page 187 Item#19. Zoning Map Planned Development Map (fLegend LII mm 0 (fLegend ��€ o [ Pro"ec- Lcca=or R'"�� L [ Project Laca=or O IlIL R1 F ;_, City Lines - �L-O R -$R_� — Planned Parcels 8 �� I-L I-.L C3 F Fr R E R Rn8 - RUT III. APPLICANT INFORMATION A. Applicant: Steve Thiessen, Hatch Design Architecture—200 W. 36' St., Garden City,ID 83714 B. Owner: Ronald Hatch—P.O. Box 776, Meridian,ID 83680 C. Representative: Jeff Hatch,Hatch Design Architecture—200 W. 36t'St., Garden City,ID 83714 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 8/27/2021 10/3/2021 Radius notification mailed to property owners within 300 feet 8/25/2021 9/30/2021 Public hearing notice sign posted 9/1/2021 10/5/2021 on site Nextdoor posting 8/26/2021 9/30/2021 V. COMPREHENSIVE PLAN ANALYSIS EXISTING LAND USE DESIGNATION: This property is currently designated as Mixed Use—Community (MU-C)on the Future Land Use Map (FLUM) contained in the Comprehensive Plan (see map in Section VIII.A). The purpose of this designation is to allocate areas where community-serving uses and dwellings Page 3 Page 188 Item#19. are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3C. (See pgs. 3-11 through 3-16.) PROPOSED LAND USE DESIGNATION:The proposed FLUM designation for this property is Industrial(see map in Section VIII.A). The Industrial designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units,light manufacturing, flex,and incidental retail and office uses. In some cases uses may include processing,manufacturing,warehouses, storage units, and industrial support activities(see pg. 3-11). There is an existing childcare facility located on the property at 444 N. Linder Rd., zoned L-O; a birthing center/women's healthcare facility located at 270 N. Linder Rd.,zoned C-C;vacant/undeveloped land at the northeast corner of Linder/Franklin,zoned C-C; and warehouse/industrial uses on the eastern portion of the site in Creamline Park,zoned I-L. The properties entitled with commercial/office zoning will be allowed to continue to operate as-is and/or develop with commercial uses as allowed by UDC Table 11-2B-2. The remainder of the 1+/-acre properties within the CPAM area that front on N. Linder Rd. are developed with single-family residential homes. If the CPAM is approved,the residential properties,when redeveloped, should be rezoned to I-L or I-H and develop with uses allowed in the applicable district as listed in UDC Table 11-2C--2. Staff believes it would be difficult for the residential properties fronting on Linder Rd. to redevelop consistent with the current MU-C FLUM designation due to the depth of the properties at 320+/-feet and the type of development that would likely occur(strip commercial buildings); it's likely these properties would develop on a"piece by piece"basis and not as a larger integrated mixed use planned development. Because industrial uses exist on the eastern portion of the site,residential uses wouldn't integrate well or be compatible with existing uses and interconnectivity between uses isn't feasible. Development would also not be consistent with the General Mixed Use Concept Diagram in the Comprehensive Plan(see pg. 3-12) as the site is not deep enough to provide the transition in uses shown on the concept diagram. The land on the west side of N. Linder Road and to the east of the CPAM area is designated as Industrial on the FLUM and zoned I-L, except for one parcel abutting the east boundary of the site fronting on W. Franklin Rd.which is designated Commercial and zoned I-L. Because of the industrial nature of the overall area south of the railroad tracks on the north side of Franklin Rd.,the need for more industrial land, and Staff s belief that industrial uses would be more compatible with existing industrial uses, Staff is supportive of the CPAM request. Transportation: The Master Street Map(MSM) does not depict any collector streets across this property. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "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 of the property proposed to be annexed with development in accord with UDC 11-3A-21. No development is proposed on the remainder of the CPAMproperty at this time. • "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) Page 4 Page 189 Item#19. The proposed industrial use will be required to provide a landscaped buffer along property lines adjacent to residential uses (i.e. to the north and south)with development per UDC Table I1-2C-3. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed industrial development should be compatible with existing industrial uses to the east and west. The required buffer to residential land uses to the north and south should minimize conflicts between land uses. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed infill industrial development shouldn't negatively impact abutting uses as other industrial uses exist to the east and west; and a landscaped buffer is required along the north and south property boundaries to residential uses which should minimize conflicts. • "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 be required to connect to City water and sewer systems with development;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 25 foot wide street buffer is required to be provided with development along N. Linder Rd., an arterial street,per UDC Table 11-2C-3, landscaped per the standards in UDC 11-3B-7C. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk was recently constructed with the road widening project along Linder Rd. Hook-up to City water and sewer service is required with development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize the provision of public services. VI. STAFF ANALYSIS A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM) As discussed above,the Applicant requests an amendment to the FLUM to change the future land use designation on 42+/-acres of land from Mixed Use—Community(MU-C)to Industrial. An exhibit map showing the existing and proposed FLUM designation is included in Section VIII.A. Approval of the proposed amendment to Industrial will accomplish the following: 1)it will allow the existing residential/commercial properties within the site to redevelop with industrial uses which should be more compatible with existing industrial uses on the site and adjacent to the site; 2)industrial uses should be more compatible with existing industrial uses than uses allowed in the MU-C designation, which should minimize conflicts between land uses; 3)for the properties already zoned I-L and developed with industrial uses on the eastern portion of the site in Creamline Park,the amendment will "clean-up"the FLUM for this area so that the land use designation coincides with the existing approved Page 5 Page 190 Item#19. uses; and the amendment will allow more industrial uses to develop which are needed in the City. For these reasons, Staff supports the request. B. ANNEXATION(AZ) The Applicant proposes to annex 1.59 acres of land, including right-of-way to the section line of N. Linder Rd., from the R1 zoning district in Ada County to the I-L zoning district in the City consistent with the proposed FLUM amendment to Industrial. A legal description and exhibit map for the annexation area is included in Section VIILB. The subject property is part of an enclave area surrounded by City annexed property. Annexation of this land will provide more efficient provision of City services. Industrial uses exist to the west across N. Linder Rd. and to the east; single-family residences exist to the north and south in Ada County. The Applicant proposes to develop the 1.41-acre property with a 19,975 square foot 10-unit industrial building to lease to contractors,mostly for storage with the potential for each space to have a small office and restroom. A warehouse use is principally permitted in the I-L district;professional services (i.e. offices)are allowed as an accessory use per UDC Table 11-2C-2. Flex space is also a principally permitted use in the I-L district subject to the specific use standards listed in UDC 11-4-3-18. Conceptual Development Plan: The conceptual development plan shown in Section VIII.0 depicts the proposed structure, associated parking, driveway access and drive-aisles within the site. An existing 30- foot wide easement is depicted along the east boundary of the site on the Heppers Acre Subdivision plat. Access: One(1)driveway access to the site is proposed via N. Linder Rd. with driveway stubs to the properties to the north and south for future cross-access upon redevelopment of those properties. A cross-access easement should be recorded granting access to/from N.Linder Rd.through the subject property for those properties; a copy of this easement should be submitted to the Planning Division prior to issuance of the Certificate of Occupancy for this site. The minimum drive aisle width for 90 degree parking with 2-way drive aisles is 25-feet per UDC Table 11-3C-5. Sidewalk/Pathway: An attached 7-foot wide sidewalk was recently constructed along N. Linder Rd. along the frontage of this site. The Pathways Plan designates a 10-foot wide detached multi-use pathway in this area. Because the sidewalk was recently constructed, Staff does not recommend it's removed and a new pathway constructed in its place at this time; however, Staff does recommend a 14-foot wide public pedestrian easement is recorded for the pathway. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C- 6 for industrial uses(i.e. 1 space for every 2,000 square feet of gross floor area). Based on a 19,975 square foot building,a minimum of nine(9) spaces are required. A total of 30 spaces are depicted on the conceptual development plan,which exceeds the minimum number of spaces by 21. Landscaping: A 25-foot wide street buffer is required to be constructed along N. Linder Rd., an arterial street,measured from back of sidewalk; the buffer should be landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC 11-3B-8C. A minimum 5-foot wide buffer should be provided along the east property boundary unless the requirement is reduced or waived by the Director for truck maneuvering areas as set forth in UDC 11-313-8C.Ia. A 25-foot wide buffer to residential land uses is required per UDC Table 11-2C-3, landscaped per the standards listed in UDC 11-3B-9C, residential uses exist to the north and south of this property. The Applicant requests City Council approval of a reduced buffer width of 5 feet adjacent to residential uses as allowed by UDC 11-3B-9C.2 with notice to surrounding property owners.A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the I-L district(i.e.25-feet). Page 6 Page 191 Item#19. Landscaping is required along the multi-use pathway adjacent to N. Linder Rd.per the standards listed in UDC 11-3B-12C. There are existing trees on this site that may require mitigation if removed per the standards listed in UDC 11-3B-I0C.S. Staff recommends the Applicant contact Matt Perkins,the City Arborist,to schedule a site inspection prior to removal of any trees from the site to determine mitigation requirements. Elevations: Conceptual building elevations were not submitted for the industrial building. The design of the structure is required to comply with the design standards in the Architectural Standards Manual (ASM). Staff recommends the design is required to comply with the design standards for commercial buildings rather than industrial buildings because the property fronts on an arterial street(i.e.Linder Rd.) and will be highly visible.Detailed review of the elevations for compliance with these standards will take place with the Certificate of Zoning Compliance and Design Review application prior to submittal of an application for a building permit. The City may require a development agreement(DA) in conjunction with a annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff recommends a DA is required with the provisions discussed above and included in Section IX.A. VII. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on September 16,2021. At the public hearing,the Commission moved to recommend approval of the subject CPA 4 and AZ requests. 1. Summary of Commission public hearing_ a. In favor: Jeff Hatch,Applicant's Representative b. In opposition:None C. Commenting. None d. Written testimony: Gary Reimer,Joe Olson,Bogdan Martsenyuk, Soerabaia Living Trust. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Ke. ids)of public testimony a. All of the letters of testimony submitted are in support of the CPAM request. b. Mr. Reimer is in support of the requested reduction to the width of the landscape buffer to residential uses from 25' to 5' along their shared boundary line(i.e. project's northern boundary). 3. Key issue(s)of discussion by Commission: a. None^ 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None Page 7 Page 192 Item#19. VIII. EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date:7130/2021 Adopted Land Uses k 500 'LOCO 0Feet 7 High DensJ!Y L Residential Mixed Employment General Indusfrial Mu-C - Legend `TMISAP Boundary I Low Density Residential Medium Density Residential _ Med-High Density Residential Commercial Office Civic - High Density Residential d-High _ - Commercial y y dent1a III . - Office - Industrial -= -- Civic Proposed Land Uses Old Town . I Mixed Use Neighborhood qe - 0 Mixed Use Community High Density Residential - Mixed Use Regional - Mixed Use Nan-Residential — ® Mixed Use-Interchange F - Low Density Employment - High Density Employment Mixed Employment _ Mixe d—F7 _J MlJ-Res Employment— General MlJ-Corn Indusfrial ® Lifestyle Center 1 r ® Qffice Medium AAed-High Civic Mu-Com DensifyJ Commercial Density R si tial �ResidenfiaY Mu-Res - .. __ --------- Page 8 Page 193 Item#19. B. Annexation Legal Description and Exhibit Map iTrc ACCURATE � �p SURVEYING & MAPPINR '�fRV4�•�' Annexation Description A parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299,Records of Ada County,said parcel is located in the Southwest Cluarter of the Southwest Quarter of Section 12,Township 3 North, Range 1 West of the Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14,T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12,T3N, R1W bears N 00'32'39' E a distance of 2645.87 feet;thence N DG'32'39" E along the section line for a distance of 646.92 feet to the REAL POINT OF BEGINNING; Thence N 89'41'22" E for a distance of 40.00 feet to a found 5/811,inch iron pin labeled PLS 11779 at the northwest corner of Lot 8; Thence N 89`41'22" E along the line common to Lots 7 and 8 for a distance of 315.19 feet to a set 5j8'inch iron pin with a cap stamped PLS 11453 at the northeast corner of Lot 8; Thence S 00'46'31" W for a distance of 192,00 feet to a found Y'inch iron pin,replaced with a 5J8th inch iron pin with a cap stamped PLS 11463; Thence 5 88`31'38"W along the line common to Lots 9 and 10 for a distance of 314.52 feet to a set 5/V inch iron pin with a cap stamped PLS 11463 at the southwest corner of Lot 9; Thence 5 88'31'38"W for a distance of 40.02 feet to a point on the section line; Thence N 00'31'39" E along the section fine for a distance of 199.18 feet to the REAL POINT OF BEGINNING. Parcel contains 1.593 acres, or 69,379 square feet, more or less. G d 11163 ��,�•J7•Zf fl ¢'port+ " t� i 1602 W_ Hays St- Suite 306 Boise, ID 83702 Phone:208-488-4227 www.accu rates u rveyors.co rn Page 9 Page 194 Item#19. HX.ffII31T A-P LOTS 8 & 9, HEPPER.S ACRE SUBDIVISION, BOOK 19 OF PLATS, PAGES 1298-1299, ADA COUN TY RECORDS, LYING W THIN THE SW 114 OF THESIN 114 OF SEC TI DN I Z T_JN, R.I W., B.+IA. COUNTY OF ADA STATE OF I€}AHO W PINE AVE. 114 CORNER 11 12 CF&F INST No, 172085074 07 Z SCALE I"=100' 40 O N 89*4 1 '22" F 355. 19 �i 411.00' 31 . r O rQ �r Ct 'ZIN 1.59J Acres, x 69,3T9 Square Feet 4).02 314.52' � NEPPFRS ACRE 5'CIE0iVfSJGN � � 11463 � f+ �� 010U a I � LEGEND Lo 4•Zl•z _ — ANNEX BOUNDARY Of 14- C� }t SEC TIQIV LINE PARCEL LINE PLATTED LOT LINE SECTION CORNER 11 12 W FRANKLIN RD. FOUND 3" BRASS CAP M-WYt,?ENT CF&F INS T - -- No. 2016-11D3S4 74 13 FOUND 4" ALUMINUM GAP MON. D .SET 518" IRON PIN W+PTH 2" ALUMINUM CAP, PLS 114,63 A CALCULA TED POINT 0 FOUNO DISTURBED 112" IRON PIN. ACCUIMTE REMO vEQ AND REPLACED MTH S/9' o IRON filly. W 774 2" ALUMINUM CAP, ti ...Am .1SDRvEYING & mAPp11� 6 PLS 11463 1602 W.Hays Street I * FOUND 112„ IRON PIN, k��' (20a)488-4227 -raise,Idaho 83742 MTH PLASTIC CAP, AS NOTED s 4 ;C'. www.accuratesurveyvrs.corn (9� PLATTED LOT NUMBER DAT01-INE,2021 JOB 21-211 Page 10 Page 195 Item#19. C. Conceptual Development Plan F. rn rn rn r! LAND- APE BUFFER LANDSCAPE 0 24'-Cm BUFFER 50y MEC N 235-V L:-J, - ----------- - -------------i xmm�a neat LA 301-0. UTILrry EkSEMEtfr L ----------— NEW DEVELOPMENT FUR: HATCH INDUSTRIAL LGO N.LINGER RD.,MERIDIAN.ID.a3642 Page 11 Item#19. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VIII,Unified Development Code standards, design standards in the Architectural Standards Manual and the provisions contained herein. b. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercial districts (i.e. CD). c. A cross-access easement shall be granted to the abutting properties to the north(Parcel #R3579000034)and south(Parcel#R3579000050) for access to/from N. Linder Rd. through the subject property; a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for this site. d. A 25-foot wide buffer shall be provided to residential land uses as required per UDC Table 1I- 2C-3,landscaped per the standards listed in UDC 11-3B-9C,unless otherwise reduced by City Council. There are existing trees on this site that if removed may require mitigation per the standards listed in UDC 11-3B-IOC.5. The Applicant shall contact Matt Perkins,the City Arborist,to schedule a site inspection prior to removal of any trees from the site to determine mitigation requirements. f. A 14-foot wide public pedestrian easement shall be recorded for the multi-use pathway along Linder Rd. as required by the Park's Department.A copy of the easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. g. A minimum 25-foot wide street buffer,measured from back of sidewalk,is required to be provided along N. Linder Rd., landscaped per the standards listed in UDC 11-3B-7C. B. PUBLIC WORKS Any changes to public utility infrastructure must be reviewed by the Public Work's Department. C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancioy.or lWebLinkIDocView.aspx?id=235914&dbid=0&repo=MeridianCiU D. PARK'S DEPARTMENT https://weblink.meridianci ty.org/WebLink/Doc View.aspx?id=2 3 7 03 3&db id=0&rep o=Meridia n City E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.ory WWebLinkIDocView.aspx?id=236543&dbid=O&repo=MeridianCitX Page 12 Page 197 Item#19. X. FINDINGS A. Comprehensive Plan Map Amendment 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 amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds the proposed amendment to Industrial is compatible with adjacent industrial uses in the area and is consistent with the goals and policies in the Comprehensive Plan as noted in Section V. 2. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to change the FL UM designation from Mixed Use— Community to Industrial will provide an improved guide to future grown and development in this area and will be compatible with adjacent industrial uses. 3. The proposed amendment is internally consistent with the Goals,Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section V. 4. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is consistent with the Unified Development Code. 5. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds the proposed amendment to Industrial will be compatible with other existing industrial uses in the area. 6. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties. 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section V and the subject findings above, the Commission finds that the proposed amendment is in the best interest of the City. B. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: Page 13 Page 198 Item#19. 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applican'ts proposal to annex the subject property with I-L zoning and develop industrial uses on the property is consistent with the proposed Industrial FL UM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment to I-L and conceptual development plan generally complies with the purpose statement of the I-L district in that it will encourage industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely or almost entirely within enclosed structures and is accessible to an arterial street(i.e. Linder Rd.). 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed industrial use should be conducted entirely within a structure. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City. Page 14 Page 199 eridian Planning&Zoning Commission Item#19. eptember 16,2021 age 37 of 62 MOTION CARRIED: SIX AYES. ONE ABSENT. McCarvel: And I'm guessing by looking at the clock my fellow Commissioners would like a five minute break before we continue. Okay. See you in five. (Recess: 7:59 p.m. to 8:06 p.m.) 7. Public Hearing for Hatch Industrial (H-2021-0026) by Hatch Design Architecture, Located on the East Side of N. Linder Rd. and the North Side of W. Franklin Rd., South of the Railroad Tracks, and at 160 N. Linder Rd. A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 42 +/- acres of land from Mixed Use — Community to Industrial. B. Request: Annexation of 1.59 acres of land with an I-L (Light Industrial) zoning district. McCarvel: All right. We will resume the meeting here tonight with H-2021-0026, Hatch Industrial, and we will begin with the staff report. Parsons: Thank you, Madam Chair, Members of the Commission. Next item on the agenda is Hatch Industrial. The application before you this evening includes a Comprehensive Plan map amendment and annexation. You can see here that there are several properties that are currently annexed and zoned within the city. As part of the application with the Comprehensive Plan map amendment that encompasses approximately 42 acres and is -- and the annexation request itself is approximately 1.59 acres in total. Current zoning in this area consists of C-C, R-1 in Ada county, L-O and I-L or -- yes. Moving on here you can see here the exhibit on the left-hand side shows you which area is currently part mixed use community and the applicant is here tonight to, again, change that designation from mixed use community to light industrial. So, going from a light beige to a gray, if you will. Back in 2019 this body actually did approve a Comprehensive Plan map amendment and a rezone for these two lots that fronted on Franklin Road and that was in -- as we were -- prior to the adoption of the Comprehensive Plan I should say -- or the new Comprehensive Plan and so the city always envisioned that this larger mixed use area may change at some time in the future. If you look at the aerial for this particular site, if I step back here, you can see that a lot of it is already slated or developed as industrial uses. So, in our -- in our opinion it makes some sense to change the future land use map to mimic what's actually occurring in the surrounding area. A couple of the projects, like along the north boundary just south of the railroad tracks, is an existing daycare center that is currently L-O and there is also a birthing center that's zoned C-C right in the middle of the proposed development as well -- or at least the comp plan change. I would let this body know that just because we are changing the color of the map does not affect the zoning or the current operations of those businesses. Any of the county residents that are currently zoned R-1 will have the ability to annex at Page 200 eridian Planning&Zoning Commission Item#19. eptember 16,2021 age 38 of 62 some point with an I-L zoning designation. The other reason why staff supports the Comprehensive Plan map amendment is if you look at -- again because a lot of the area is already developed and the -- the properties that are currently in the county are R-1 and long narrow strips of property, it doesn't seem feasible -- feasible from staff's standpoint that there will be a true mix of uses in the area. If you recall, a mixed use community designation likes to have a minimum of three land use types and no less than 20 percent residential. Again, we don't see that this will be a viable use -- or at least a valuable mixed use project in the future and that's why we are supporting the Comprehensive Plan map amendment. The exhibit on the right-hand side -- you can see is the portion that the applicant is proposing to annex in and it's that -- essentially two lots within the county, zoned R-1, and, then, the exhibit below shows you the existing zoning that's surrounding this property. As you know as part of annexation request the applicants do provide us a concept plan to show you what they envision to develop on the property. The applicant is here tonight to discuss with you developing approximately an 20,000 square foot multi- tenant industrial building. Don't have any uses proposed at this time, but they envision contractors yards, flex space, potentially some warehousing here. You can see here that the main access is off of Linder Road and the applicant is also providing cross-access to the property owner to the north and on the south, which is consistent with UDC standards. I would mention to you that the uses that the applicant is proposing only requires a certificate of zoning compliance and design review in the future. So, this is pretty-- again, if -- if the Comprehensive Plan map amendment gets approved, the request for I-L is consistent with that request. The applicant -- because the applicant does have county residents on either side along the north and the south, they are required to provide a 25 foot landscape buffer on those boundaries. The applicant has gone to both of those property owners and gotten consent, so to speak, agreeing to allowing a reduced buffer if and when they decided to develop this property. The Council, as part of the annexation request, will take -- will take that reduction under consideration as part of their approval. But I did just want to let you know that it does take Council waiver to allow the reduction in that buffer, but the applicant does have written agreements from both property owners that they are in agreement with that. The landscape buffers that you see on the concept plan here. I looked at the public record before the hearing for -- the property owners that are part of the Comprehensive Plan map amendment have provided written testimony in support of this application. I believe the applicant is also in agreement with the staff report. So, again, staff is recommending approval of the Comprehensive Plan map amendment and the annexation request with the requirement of a development agreement and those provisions are contained in the staff report. With that I will conclude my presentation and stand for any questions you may have. McCarvel: Thank you. Would the applicant like to come forward? Hatch: Good evening. Jeff Hatch with Hatch Design Architecture. Our address is 200 West 36th Street, Boise, Idaho. 83714. Good evening, Chairman McCarvel and Commissioners. Thank you for your consideration of our annexation application this evening. As Bill did a great job recapping, basically, we are wanting to clean up the future land use map zoning in this area based on the existing uses that are already there. We have some tilt up industrial buildings to the east. We have industrial to the west. We got Page 201 eridian Planning&Zoning Commission Item#19. eptember 16,2021 age 39 of 62 railroad tracks to the north, which complements industrial. We got a canal to the south. So, most of the property that's being annexed -- or being rezoned, not annexed -- being zoned is already in use in the industrial nature. To do this type of application it's not something that you can do in a couple months. We have been working on this for about a year now, because we have to go meet with each of these property owners. We got to discuss the intent of this future land use map amendment and what that does to them. Educate them on the nature of what a land use map amendment does versus annexation and how they aren't the same thing and you are not annexing their property for them into the city and all that takes time to educate people. In addition, looking at the -- at the property, even -- to the east we have the two highlighted parcels in the middle in the blue color are the ones that are actually being proposed -- my applicant's -- or property owners to be annexed to the city. You can see a little bit better here photos of the industrial nature to the east and to the west as well. Recapping our proposed site plan, we had to spend several months discussing with the property owner to the north and more particularly the property owner to the south to obtain written approval for the buffer reduction. Really what -- what they concluded was, well, you know, eventually we are going to be industrial in nature like properties to the east of us and so we are in favor and in support of this. We were able to put in our presentation -- the written approval from the applicant to the north. The applicant to the south is actually building a house in a remote area. We caught him at Cabela's this afternoon and he mailed that letter signed to Bill about ten minutes before this hearing started. So, just under the wire, but we did get all the clear documentation and really had been trying to get that for about six months. So, it's not-- not a short order task to get those reductions and communicate that to the public in a way that they understand and are comfortable signing their name to. A lot of legwork, a lot of effort in getting what's proposed. A couple other things on the site plan. We have a utility easement of 30 feet on the east, which in discussions with -- with Idaho Power may be something that's abandoned in the future and may be an opportunity for some kind of industrial use to the east as well in talking with that property owner. So, there is some -- some collective collaboration that may transpire there for potential connectivity. But for now we are proposing connectivity to the future use in the south, future use to the north to reduce congestion on Linder and really kind of set the precedence for that kind of business use and reducing traffic on -- on Linder Road with this application. As -- as Bill had described, we have a concept for industrial businesses to be able to utilize this, but it's set up so you have a bathroom core, potential for an office, potential for warehousing. You have a range of flexibility of uses or the space that are complementary to the industrial nature of the area, but we would like to think it -- since you have some street frontage, wanted to raise the caliber of that up, the expectation for the neighborhood along Linder, and so have a -- more of a retail frontage on the west. So, a little bit more store front, a little bit more glazing, something that's got some curb appeal, looks a little bit more retail in nature. We have varied the proposed roof heights, again, to add some distinct character and not keep the typical kind of gabled roof that just runs and has a bunch of metal. So, we wanted to make sure that we set a nice proposed structure there as well and I will stand for any questions. McCarvel: Okay. Thank you. Any questions for staff or the applicant? Okay. Thank you. Madam Clerk, do we have anybody signed up to testify on this application? Page 202 eridian Planning&Zoning Commission Item#19. eptember 16,2021 age 40 of 62 Weatherly: Madam Chair, we do not. McCarvel: Okay. That being said, is there anybody in the room or online who wishes to testify? I'm assuming, then, the applicant has no further remarks. Great. Hatch: The only remark I have is that Meridian just recently went through a very substantial Comprehensive Plan revisioning about a year or so ago where a lot of this type of zoning was identified. At that time we presented to the Mayor a separate industrial zone off of Fairview at that time without application. They agreed upon that. Talking with staff about a year ago, they said, you know, we didn't -- we didn't get to a point where we could really explain this properly and we think this is the opportunity to clean up much needed industrial land in Meridian and so as a -- as an advocate for that use in Meridian as a need for the city, we just wanted to --to express our--our support for this application. McCarvel: Thank you. Would we like to -- do I have a motion to close public hearing on H-2021-0026? Seal: So moved. Yearsley: Second. McCarvel: It's been moved and seconded to close the public hearing on H-2021-0026. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Lorcher: Madam Chair, I will start. McCarvel: Commissioner Lorcher. Lorcher: So, right down the street at Pine and Linder is Meridian Storage and in front of there there is several businesses, including the one that I can think of off the top of my head is Ace Auto Body and since we are in transportation we use that business quite frequently and my--when he presented this, this is kind of the vision of more of that along this corridor. I also know that the City of Meridian is -- is trying to promote Linder to continue on across the freeway and this would be the last busy access point at that point in time. So, if it's going to be light industrial anyway and it seems to have gone that route, this seems to be a good fit. McCarvel: Any other comments? Motions? Seal: Madam Chair? McCarvel: Commissioner Seal. Seal: I will -- I will just throw a motion out there. I think this is kind of a slam dunk -- Page 203 eridian Planning&Zoning Commission Item#19. eptember 16,2021 age 41 of 62 McCarvel: Yeah. Seal: -- in a lot of ways. After considering all staff, applicant, and public testimony, I move to recommend approval to City Council a file number H-2021-0026 as presented in the staff report for the hearing date of September 16th, 2021, with no modifications. Grove: Second. McCarvel: It has been moved and seconded to approve H-2021-0026 -- or I'm sorry. Recommend approval of Hatch Industrial with no modifications. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. 8. Public Hearing for Fields Sub-Area Plan (H-2021-0047) by City of Meridian, the Location Consisting of Approximately Four (4) Square Miles and Bounded by Chinden Blvd. on the North, McDermott Rd. on the East, McMillan Rd. on the South and Can-Ada Rd. on the West A. Request: Comprehensive Plan Text Amendment to incorporate the Fields Sub-Area Plan. McCarvel: Last on our agenda is H-2021-0047, The Fields Sub -- Sub Area Plan and we will begin with the staff report. All right. Or just presentation. Sorry. McClure: Good evening, Members of the Planning and Zoning Commission. I'm here tonight to discuss The Field Sub Area Plan with you. My name is Brian McClure and for those who don't know me I'm a long range planner. Caleb Hood is also here and Megan Moore with Logan Simpson, our lead project consultant, is on Zoom. Briefly this is the presentation outline. We will do an intro, cover the background, briefly describe the process, the plan and go over the request and, then, take questions. The Fields Sub Area Plan is a direct continuation of the 2019 Comprehensive Plan. This is a sub area plan with a high priority for Council, which continued funding the work. The application before you tonight is a Comprehensive Plan text amendment. The proposal would be to add this new sub area plan to the list of adopted plans and studies by reference. This is like the Parks and Recreation Master Plan, pathway master plan, Destination Downtown Ten Mile plan, various utility plans and many others. There are no future land use map revisions. As I said, this is a direct continuation of the work and the analysis from the Comprehensive Plan. There are also no proposed annexations or development. Any proposed development with annexations would have their own public hearing process and the city does not engage in forced annexation. This area is unique and so some background and additional context is probably useful. Planning work has been ongoing for more than a decade now. In 2008 that area was formally added to the city's area of impact for Ada county. Land uses assigned at this time were generally considered interim. As a result, there have been multiple studies and white papers, multiple local and regional working groups to look at potential economic activity and patterns of Page 204