Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2022-01-04 Regular Amended
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 04, 2022 at 6:00 PM Minutes PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA - Adopted Motion to adopt made by Councilman Bernt, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener CONSENT AGENDA \[Action Item\] - Approved with Vacation of Item 15 Motion to vacate Item 15 and approve remainder of Consent Agenda made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the December 14, 2021 City Council Work Session 2. Approve Minutes of the December 14, 2021 City Council Regular Meeting 3. Approve Minutes of the December 21, 2021 City Council Work Session 4. Approve Minutes of the December 21, 2021 City Council Regular Meeting 5. Adler Industrial Site 32 Sanitary Sewer Easement No. 3 6. Adler Industrial Site 32 Water Main Easement No. 1 7. Adler Industrial Site 32 Water Main Easement No. 2 8. Sawtooth Landing Office Condos Sanitary Sewer and Water Main Easement No. A and B 9. Final Plat for Gander Creek North No. 2 (FP-2021-0051) by Kent Brown Planning Services, Located on the South Side of W. McMillan Rd., West of N. McDermott Rd. 10. Final Plat for Gander Creek North No. 3 (FP-2021-0052) by Kent Brown Planning Services, Located on the South Side of W. McMillan Rd., Approximately a Half-Mile West of N. McDermott Rd. 11. Final Plat for Southridge South Subdivision No. 1 (FP-2021-0059) by The Land Group, Located on the South Side of W. Overland Rd., ¼ Mile East of S. Ten Mile Rd. 12. Final Plat for Winco Wells No. 1 (FP-2021-0057) by The Land Group, Located at 2700 E. Overland Rd. 13. Findings of Fact, Conclusions of Law for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. 14. Findings of Fact, Conclusions of Law for Pera Place Subdivision (H-2021-0056/H- 2021-0091) by Leavitt & Associates Engineers, Located at 4600 W. Daphne St., 4546 W. Daphne St., and Parcel S0427325702, Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. 15. Addendum to Development Agreement Between the City of Meridian and Fast Eddy's at Eagle (H-2021-0068) for a Modification to Development Agreement Instrument #20218-042029 for Property Located at 3775 N. Eagle Rd. - Item vacated from agenda 16. Addendum to Development Agreement Between the City of Meridian and Intermountain Pacific, LLC (H-2021-0022 Gramercy Commons MDA) for Property Located at 1873, 1925 and 2069 S. Wells Ave. 17. Development Agreement Between the City of Meridian and Banks Group, LC for Intermountain Wood Products (H-2021-0042) for Property Located at 255 and 335 S. Locust Grove and 300 and 330 S. Adkins Way 18. Development Agreement Between the City of Meridian and Toll Southwest LLC (Owner/Developer) for Oaks North and Oakmore (H-2021-0058), Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. 19. Artist Acceptance Agreements for the Display of Artwork in the Initial Point Gallery February 2022 - July 2022 20. Artist Acceptance Agreements for the Display of Artwork in the Initial Point Gallery July 2022 - November 2022 21. Agreement to Accept Payment in Lieu of Installing Streetlights at Sky Mesa Highlands No. 1 Subdivision 22. City Utilities and Streetlight Improvements Reimbursement Agreement Between the City of Meridian and High Desert Development Linder Village, LLC for Project No. A020(594) US 20/26, Linder Rd. to Locust Grove Rd. – Phase 1 23. Idaho Certified Local Government Grant Memorandum of Agreement Between City of Meridian and Idaho State Historical Society for 2021 Grant Award 24. Recycled Water User Agreement Between the City of Meridian and Adler/Grand Jr. for the Use of Reclaimed Water for Landscape Irrigation and the FedEx/Amazon Buildings on Franklin Rd. 25. Sole Source Purchase Contract for G&W Insulated Pad Mounted Switch Gear and Associated Parts for the Not-To-Exceed Amount of $205,508.00 and Authorize the Procurement Manager to Sign 26. Resolution No. 22-2304: A Resolution Declaring the Intent of the City of Meridian to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located at Discovery Park Off of E. Lake Hazel Rd. Approximately 1.66 Acres; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; and Providing an Effective Date 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 active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at Public Forum. However, City Council 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. DEPARTMENT REPORTS \[Action Item\] 27. Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $121,500.00 to Replace Two Totaled Patrol Vehicles (Unit 111 and Unit 154) - Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener ACTION ITEMS Public Hearing process: Land use development applications begin with presentation of the project and analysis of the application by Planning Staff. The applicant is then allowed up to 15 minutes to present their project. Members of the public are then allowed up to 3 minutes each to address City Council regarding the application. Citizens acting as a representative of a Homeowner’s Association may be allowed up to 10 minutes to speak on behalf of represented homeowners who have consented to yielding their time. After all public testimony, the applicant is allowed up to 10 minutes to respond to questions and comments. City Council members may ask questions throughout the public hearing process. The public hearing is then closed, and no further public comment is heard. City Council may move to continue the application to a future meeting or approve or deny the application. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items unless to break a tie vote. 28. Public Hearing Continued from November 16, 2021 for Centerville Subdivision (H-2021-0046) by Engineering Solutions, LLP, Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the Southeast Corner of S. Hillsdale and E. Amity A. Request: Annexation and Zoning of 40.49 acres of land from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts. B. Request: A Preliminary Plat consisting of 249 total lots (124 single-family residential lots, 79 townhome lots, 4 multifamily lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. - Continued to July 12, 2022 Motion to continue made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener Voting Nay: Councilman Bernt 29. Public Hearing for Biltmore Estates Subdivision Time Extension (TECC-2021- 0001) by Engineering Solutions, Generally Located 1/4 Mile South of W. Victory Rd. and 1/2 Mile West of S. Meridian Rd. A. Request: A Two-Year Time Extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. - Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 30. Public Hearing for Fluid Estates Subdivision (SHP-2021-0008) by Idaho Survey Group, Located at 3110 W Quintale Dr. A. Request: Short Plat consisting of 3 buildable lots on 2.0 acres of land in the C-C zoning district. - Approved Motion to approve made by Councilman Bernt, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 31. Public Hearing for Woodcrest Townhomes (H-2021-0015 and H-2021-0082) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Way A. Request: Continued from September 7, 2021, an Amendment to the Comprehensive Plan Future Land Use Map (H-2021-0015) to change the future land use designation on 2+/- acres of land from the Commercial to the Medium High-Density Residential designation. B. Request: Continued from September 7, 2021, a Rezone (H-2021-0015 ) of 2.10 acres of land from the L-O (Limited Office) to the R-15 (Medium High- Density Residential) zoning district. C. Request: Preliminary Plat (H-2021-0082) consisting of 19 building lots and 4 common lots (including 1 lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. - Approved Request A and B (H-2021-0015): Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault Voting Nay: Councilman Bernt Request C (H-2021-0082): Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault Voting Nay: Councilman Bernt, Councilman Cavener ORDINANCES \[Action Item\] 32. Ordinance 22-1960: An Ordinance (H-2020-0111 Aviator Subdivision) for Rezone of a Parcel of Land Situate in the Southwest Quarter Of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 11.84 Acres of Land from M-E (Mixed Employment) Zoning District to R-15 (Medium High Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date - Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 33. Ordinance No. 22-1961: An Ordinance (H-2021-0042 – Intermountain Wood Products) for Annexation of a Parcel of Land Described as Parcel 1 in Warranty Deed, Inst. No. 2020-012834, and All That Certain Parcel Described in Warranty Deed, Inst. No. 2019-121778, Located in the Northeast ¼ of the Northeast ¼ of Section 18, Township 3 North, Range 1 East, Ada County, Idaho, and Being More Particularly Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 3.501 Acres of Land From RUT to I-L (Light Industrial) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date - Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 34. Ordinance No. 22-1962: An Ordinance (H-2021-0044 Elderberry Estates Rezone) for Rezone of a Parcel of Land Being a Portion of Blocks 3 and 4 of the Amended Plat of F.A. Nourse’s Third Addition as Filed in the Office of the Ada County Recorder, Boise, Idaho, in Book 7 of Plats at Page 299 Lying in the NW ¼ of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 0.658 Acres of Land From C-C (Community Business) Zoning District to O-T (Old Town) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required By Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date - Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT - 9:55 p.m. Item#1. Meridian City Council January 4, 2022. A Meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday, January 4, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton. Also present: Adrienne Weatherly, Bill Nary, Caleb Hood, Sonya Allen, Joe Dodson, Scott Colaianni, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, call the meeting to order. For the record it is January 4th, 2022, at 6:04 p.m. We will begin this evening's regular City Council meeting with roll call attendance. We want to make sure Council Woman Perreault can hear us. Do we have a way to turn up the external volume going out of the system? Perreault: My volume is all the way up. Weatherly: Mr. Mayor? Mr. Mayor, I have been told by our technical department that any external audio is on their end. I -- our -- our audio is up -- if I turn our audio up it only turns our audio up in the room. Simison: Okay. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Do you want to give Ms. Perreault an opportunity maybe to reboot her computer or do something, so that she -- headphones? Simison: Or would you like to call in on the system, Council Woman Perreault? Bernt: I will call her. Perreault: Were you speaking to me, Mayor? Page 4 Meridian City Council Item#1. January 4,2022 Page 2- — Simison: Yeah. We were. Perreault: I -- I'm trying to use a Bluetooth speaker, but that's also not working, so just try and speak up I guess. Simison: Councilman Bernt is calling you right now. Perreault: Hello. Bernt: Do we have a quorum still? Simison: We have a quorum. She's going to reboot. We will go ahead and do the part of -- the next few items. PLEDGE OF ALLEGIANCE Simison: So, next item up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Our next item is the community invocation. Do we have Pastor Hanke with us online or otherwise? Make sure -- ADOPTION OF AGENDA Simison: It's not looking like online, so we will go ahead and move on to the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Other than the change that we will take care of in the Consent Agenda, there are no changes to the agenda, so I move that we adopt the agenda as published. Strader: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted as published. MOTION CARRIED: FOUR AYES. TWO ABSENT. Page 5 Meridian City Council Item#1. January 4,2022 Page 3- — CONSENT AGENDA [Action Item] 1. Approve Minutes of the December 14, 2021 City Council Work Session 2. Approve Minutes of the December 14, 2021 City Council Regular Meeting 3. Approve Minutes of the December 21, 2021 City Council Work Session 4. Approve Minutes of the December 21, 2021 City Council Regular Meeting 5. Adler Industrial Site 32 Sanitary Sewer Easement No. 3 6. Adler Industrial Site 32 Water Main Easement No. 1 7. Adler Industrial Site 32 Water Main Easement No. 2 8. Sawtooth Landing Office Condos Sanitary Sewer and Water Main Easement No. A and B 9. Final Plat for Gander Creek North No. 2 (FP-2021-0051) by Kent Brown Planning Services, Located on the South Side of W. McMillan Rd., West of N. McDermott Rd. 10. Final Plat for Gander Creek North No. 3 (FP-2021-0052) by Kent Brown Planning Services, Located on the South Side of W. McMillan Rd., Approximately a Half-Mile West of N. McDermott Rd. 11. Final Plat for Southridge South Subdivision No. 1 (FP-2021-0059) by The Land Group, Located on the South Side of W. Overland Rd., '/4 Mile East of S. Ten Mile Rd. 12. Final Plat for Winco Wells No. 1 (FP-2021-0057) by The Land Group, Located at 2700 E. Overland Rd. 13. Findings of Fact, Conclusions of Law for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. 14. Findings of Fact, Conclusions of Law for Pera Place Subdivision (H- 2021-0056/H2021-0091) by Leavitt &Associates Engineers, Located at 4600 W. Daphne St., 4546 W. Daphne St., and Parcel S0427325702, Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. Page 6 Meridian City Council Item#1. January 4,2022 Page 4 of 69 16. Addendum to Development Agreement Between the City of Meridian and Intermountain Pacific, LLC (H-2021-0022 Gramercy Commons MDA) for Property Located at 1873, 1925 and 2069 S. Wells Ave. 17. Development Agreement Between the City of Meridian and Banks Group, LC for Intermountain Wood Products (H-2021-0042) for Property Located at 255 and 335 S. Locust Grove and 300 and 330 S. Adkins Way 18. Development Agreement Between the City of Meridian and Toll Southwest LLC (Owner/Developer) for Oaks North and Oakmore (H- 2021-0058), Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. 19. Artist Acceptance Agreements for the Display of Artwork in the Initial Point Gallery February 2022 - July 2022 20. Artist Acceptance Agreements for the Display of Artwork in the Initial Point Gallery July 2022 - November 2022 21. Agreement to Accept Payment in Lieu of Installing Streetlights at Sky Mesa Highlands No. 1 Subdivision 22. City Utilities and Streetlight Improvements Reimbursement Agreement Between the City of Meridian and High Desert Development Linder Village, LLC for Project No. A020(594) US 20/26, Linder Rd. to Locust Grove Rd. — Phase 1 23. Idaho Certified Local Government Grant Memorandum of Agreement Between City of Meridian and Idaho State Historical Society for 2021 Grant Award 24. Recycled Water User Agreement Between the City of Meridian and Adler/Grand Jr. for the Use of Reclaimed Water for Landscape Irrigation and the FedEx/Amazon Buildings on Franklin Rd. 25. Sole Source Purchase Contract for G&W Insulated Pad Mounted Switch Gear and Associated Parts for the Not-To-Exceed Amount of $205,508.00 and Authorize the Procurement Manager to Sign 26. Resolution No. 22-2304: A Resolution Declaring the Intent of the City of Meridian to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located at Discovery Park Off of E. Lake Hazel Rd. Approximately 1.66 Acres; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; and Providing an Effective Date Page 7 Meridian City Council Item#1. January 4,2022 Page 5- — Simison: Do you want to stop there or would you like to do the Consent Agenda? Okay. Next item up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we vacate Item 15 on the Consent Agenda. With that said, I move that we approve the Consent Agenda -- amended 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, except for Item 15, to have it vacated. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, the next item up is Public Forum. Madam Clerk, do we have anyone signed up on the Public Forum? Weatherly: Mr. Mayor, we do not. Simison: Okay. Then we are to Department Reports. Since Council Woman Perreault did have questions on this item I would like to wait here, see if we can get her reestablished. Bernt: There she is. Can you hear us now, Jessica? Simison: You're -- you're on mute. Perreault: Oh. Just barely. Just do your best. I mean I can -- I can hear you just a little bit. I can dial in, too, if I need to. Bernt: That's what I was going to say. Do -- do you want to dial in? Perreault: Okay. What's that? Bernt: Would you prefer to dial in, since that would -- Perreault: I will -- yes, I will try. Page 8 Meridian City Council Item#1. January 4,2022 Page 6- — Bernt: Okay. Perreault: Okay. Bernt: Okay. We are going to wait for you to dial in, because of Action Item 27. It's the police one, so -- I know you had some questions. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Bernt: There you go. Simison: Can you hear now? Council Woman Perreault, are you able to hear us through this -- Bernt: Jessica, can you hear us? Perreault: No. I keep getting -- I keep getting a message that says that the host would like me to unmute my microphone on my telephone and it's not muted. So, just carry on with the meeting and I will keep working on it. DEPARTMENT REPORTS [Action Item] 27. Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $121,500.00 to Replace Two Totaled Patrol Vehicles (Unit 111 and Unit 154) Simison: Okay. So, with that we will move on to Item 27, which is the Police Department fiscal year 2022 budget amendment in the amount of 121 ,500 dollars to replace two totaled patrol vehicles. Captain. Colaianni: Can you hear me? Okay. Happy New Year. It's been a while since I have been here and -- Bernt- Happy New Year. Colaianni: -- it's good to see everybody and I appreciate the time tonight. In front of you tonight is a budget amendment in the -- for 121,500 dollars for the Police Department to replace two totaled vehicles that were totaled in a pursuit of a DUI driver back in August and the process has taken us a bit of time to get to this point where we are now in a position that we need to order these vehicles and replace them. One of the vehicles was a 2016 with about 95,000 miles on it. So, obviously, costs of everything has gone up over the years as everybody recognizes in this economy. So, we are now purchasing a 2022 vehicle to replace the 2016 vehicle. Because the body style has changed over the years a lot of the equipment that is in the 2016 vehicle will not fit in the '22 vehicle, so we have Page 9 Meridian City Council Item#1. January 4,2022 Page , of V9 to buy new equipment. The other vehicle that was totaled in the pursuit is a newer vehicle. It's two years older. Most of that equipment will transfer over. We submitted one claim through ICRMP and paid one -- I lost the word for it. We -- we paid one -- deductible. Thank you. We paid one deductible for the vehicles that were totaled. As part of ICRMP's process they go through and look at like a Kelley Blue Book or NADA to look at the conditions of the vehicle at the time of the accident and give us the value of that. Obviously, with having to buy new vehicles and the value we were given of the vehicles there is a gap in pay in order to get the new vehicles ordered in the sum of 121 dollars 500 and zero cents and so we are coming to you tonight for your permission to move forward on this process. Simison: Thank you, Scott. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe just a basic question. So, will the insurance company, then, take action against the individual responsible for the DUI to recover that or how does that typically work? Colaianni: It's -- it's a fair question. It's a good question. So, I would leave it up to ICRMP to answer that, but -- and maybe Nary can -- Mr. Nary can weigh in. But my guess is, yes, to recover some of those costs. It's like if an uninsured motorist hit you, your insurance company would take care of you and, then, that insurance -- your insurance company would go after them to recover those costs. Whether that --that person is going to be able to pay back these costs is unknown. I would leave that up to ICRMP to pursue and that's what we pay them for, quite honestly. Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, Council Member Strader, so -- Simison: Get in close. Nary: Is this better? Okay. So, ICRMP will go after the insurers --the -- the perpetrator's insurance if he has any. Otherwise, the court also will order restitution from them as well. So, we will collect whatever we are able to collect back. But, yeah, we definitely will pursue that as much as we can. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, is it typically part of our process in a situation like this to collect the restitution? Is this part of our standard processes? Page 10 Meridian City Council Item#1. January 4,2022 Page 8 of V9 Nary: Yes. Strader: Okay. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question from Council Member Perreault. Curious if the insurance coverage that the city has is the same as private owners coverage. Nary: So, actually, it's better, because we -- we cover our entire fleet of vehicles. All city vehicles are covered. All the equipment in there is covered. So, it's better than you would normally purchase for yourself through ICRMP. So, yeah, all of that is covered --covered. We have -- again, we have one single deductible that we have to pay for that and, then, the rest of it all is paid back by insurance. Cavener: Mr. Mayor, follow up. Simison: Councilman Cavener. Cavener: Bill, when we --when IRCMP goes after the perpetrator and we seek restitution, is that for the cost that ICRMP pays for the car or the cost that ICRMP pays for the car plus the 121,500 that we are potentially going to approve tonight? Nary: Two--two different accounts. So, we have an insurance account that all recoveries that we get go through Finance and, then, that account is reconciled with the General Fund at the end of the fiscal year. We purchase from a different account, so they don't necessarily match one to one. So, it really is -- we get back -- we recover whatever we can recover. That goes through that and it goes, then, all back to the General Fund as one big -- Simison: Yeah. I think we are only allowed to recover fair market value of the assets which were destroyed at the time. Nary: Correct. Simison: So, we are paying -- we are paying the leasing costs of those 95,000 miles. Colaianni: As we all know with cars, as soon as you drive them off the lot they start to depreciate; right? And so that's what happens. And just to clarify, when we purchase these cars and we put in all this equipment, all of that stuff is covered. We package it up and we get a cost and we send it over to -- to Legal and give it to Michelle Albertson and say we -- we have put this car online, it has all this equipment in it, it costs this much. This is the value of it to make sure everything is encompassed in that. Page 11 Meridian City Council Item#1. January 4,2022 Page 9- — Simison: Council, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move that we approve the fiscal 2022 budget amendment in the amount of 121,500 to replace two totaled patrol vehicles. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Item 27. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, absent; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Colaianni: Thank you. ACTION ITEMS 28. Public Hearing Continued from November 16, 2021 for Centerville Subdivision (H-2021-0046) by Engineering Solutions, LLP, Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the Southeast Corner of S. Hillsdale and E. Amity A. Request: Annexation and Zoning of 40.49 acres of land from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts. B. Request: A Preliminary Plat consisting of 249 total lots (124 single- family residential lots, 79 townhome lots, 4 multifamily lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. Simison: Next item is a public hearing continued from November 16th, 2021 , for Centerville Subdivision, H-2021-0046. I will turn over this to Joe. Dodson: Thank you, Mr. Mayor. I'm not entirely sure how deep you want me to go in, considering the depth that we went into last time. I don't know if you want me to give an overview just to refresh everybody or how -- how you guys -- how Council would like me to handle that. Page 12 Meridian City Council Item#1. January 4,2022 Page 10 of 69 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Simple overview is good. Dodson: Sounds good. All right. So, again, yes, this project was continued from November 16th. In general the site consists of 40 and a half acres. It's currently zoned RUT in the county. They want--the applications before you are for annexation and zoning and a preliminary plat. It is located at the southeast corner of Hillsdale Avenue and East Amity Road. The proposal before you is to rezone 13.38 acres to R-8, 24 acres to R-15, and almost three acres to C-C zoning districts. The concept plan includes 219 single family units and 16 multi-family units and the preliminary plat consists of 249 total lots, which is 124 single family residential lots, 79 townhomes and four multi-family lots. Four commercial lots, 34 common lots, and four other lots on 38.95 acres of land. No CUP for the multi-family was submitted with this application, so that would be required at a future date. Quick recap. It was discussed at Commission twice. It was continued. They modified the site plan and removed all the apartments and, instead, included only townhomes. So, now, again, it's all -- except for the 16 units along Amity -- as you can see this was the original plan on the left. This is the revised plan. Except for these 16 units here everything is single family. At the -- well, the project meets all the minimum code requirements and exceeds a majority of them. They are required to install an interim signal at Hillsdale and Amity, as well as turn lanes on Amity for the entrance on the -- near the northeast corner and install a HAWK signal here. They are required as a condition of approval -- you know, what is RFB -- rapid beacon flashing signal thing for the kids to get to school safer there. Since the last Council hearing there were no changes to the plan that -- that was not discussed from my understanding that any -- any kind of changes were going to be required to the plan itself, but there was discussion about school capacities, as well as what are the number of units in the area that we have approved as a city. So, with that long range planning dug into some numbers and spent a considerable amount of time finding even the, quote, unquote, simple data of the total, because once we start digging into some of the older stuff it's a little hard and some of it was not well kept and that's our fault. Staff needs to be -- and we have been much better the last couple years about maintaining our records and keeping accuracy of the lots. So, after the analysis Miranda had done all of the residential projects completely south of it 1-84, not just in a square mile around this, but everything south of the 1-84 and it would be all the projects within city limits approved since March of 2018. There have been approximately 4,176 single family units approved and approximately 1 ,224 multi-family units approved. Of those approved units and -- and lots 1,265 single family building permits have been issued and 112 multi-family permits have been issued -- 112 units multi-family. So, again, those are -- there is some differences there, probably about a third of the single family and a tenth of the multi-family units have currently pulled building permits. Staff specifically did not include a timing on this, because it can be so fluid and it is just incredibly difficult. I -- I was afraid and long range was afraid of giving you a time frame and, then, it will change tomorrow. It's just not worth it to give you guys that kind of data on the timing, because it's just not going to be accurate automatically. So, with Page 13 Meridian City Council Item#1. January 4,2022 Page 11 of 69 that that is the -- that is the main component of why it was continued from staff's perspective. I know that there have been ongoing discussions with the West Ada School District and they have revised their letter, including some additional information in general that they are going to continue to put in the letters. The representative from the school district is not here tonight, but we do have long range planner -- planning to answer any of those questions if you have them. I can do my best as well. But they did revise the letter and I hope everyone got a chance to look at that. In addition, the applicant did provide a different letter that included their phasing plan with the estimated generation of each phase. I can pull that up if you would like as well. But as for that I am assuming Becky will speak to that more than I can. But I -- that's all I have for my presentation tonight. Simison: Thank you, Joe. And for the record, Council Woman Perreault is watching on YouTube where she has a better audio feed to hear the conversation. We will see -- and it sounds like she will be communicating a little bit maybe through Councilman Cavener if there is a question or if she wants to come in we will bring her in only for her to do that to -- for that. But she's trying to get her -- oh, there she is. Perreault: I think I have it figured out. Simison: All right. Can you hear us all right? All right. Issue resolved. Perfect. Perreault: Thank you. Simison: Becky, turn the time over to you. McKay: Mr. Mayor, Members of the Council, Becky McKay. Engineering Solutions. Business address 1029 North Rosario. Appreciate the Council taking the time to consider this project due to the complexity and the questions that were asked at the last hearing. I am always a proponent of -- you know, if there are outstanding questions you better -- you know, it's wise to take the time to try to get answers and try to clarify the issues. I was surprised the day after the hearing West Ada School District reached out to me because they watched the hearing the next morning, because word got back to the staff, and so Jonathan and Marcy did watch the Council hearing. They watched and listened to the Council's comments and concerns and the additional questions that they had about school capacity and they invited me to go to lunch with them and Dr. Bub to discuss the school district's concerns and situation and, basically, what they indicated to me is they -- they, basically, stated that the information they provide in their letters is a snapshot in time, because it can change one week later if somebody with six kids moves into a house -- you know, those numbers go up and they go down and so they -- they basically said to me, you know, we -- we felt that it was a disservice to you and your project to, obviously, be focusing all of the district's capacity issues on one project and -- and we --we are sorry that -- that, obviously, you -- you got the firestorm. Well, I have been doing this 30 years before Meridian, so I have had a lot of firestorms and I said, well, you know, I was -- I was -- I was surprised, you know, in some of the testimony, but I said, you know, I have always been a proponent of what's best for the city and what's best for West Ada School District Page 14 Meridian City Council Item#1. January 4,2022 Page —of 6g and what can we do as a development community to make things better and improve things and -- and so they said, you know, the -- the information that -- that we provide in these letters is -- is an estimate and like -- like Marcy said, it is -- you know, it's -- it's information that's a snapshot in time and the new letter that you received was requested by me, because the original letter, one, it was months ago. Two, it was based on my original submittal, which had the multi-family component and had a different mix of residential and so I -- I sent Marcy what is before the Council now and I -- I requested that letter and I said could you, please, update your letter. She said sure, I, will update that letter and I will try to be more descriptive of what -- where our position is. But she said, you know, no project should be approved or denied based on our letter. Our letter is just information. She said we are not a land use agency. You know, we --we are independent and we have to deal with the situation and -- and Dr. Bub was very very informative and he said, you know, we do have tools in our toolkit, but they are limited and he said, you know, our tools are -- our toolkit includes boundary adjustments, it includes portables, it includes busing, it includes bonds and he said -- but we would like to expand our toolkit and get impact fees like the cities have and I said, you know, I have -- I have asked this question for years, since impact fees were implemented, why is the school districts left out of that impact fee pot? Why -- you know, growth -- I have always been a proponent that growth should pay for itself and I said what can we do as a development community to help you? He said, well, you know, when the next legislative session begins he said we would like to propose legislation that will allow us to implement impact fees and we would like the development community to step up and support us and I said I'm there. I said I will go to the Building Contractors Association, I said I will be there for you, whatever you need me to do, because education and our children are our future and -- and so I said whatever you need I will do and I kind of explained the process to them of the mitigation impact that we are dealing with with ITD, that the city of Star and the city of Eagle have now started accepting what a mitigation fee would be for the impact of a project on the state transportation system. I have had multiple projects and like I told them, I said I have one project in Star that -- for Toll Brothers, which the impact fee was 658,000 dollars and I said if the school district -- I mean if you can't get actual impact fees, I said you could look at mitigation fees. Yes, we can handle your project, but we need to add a portable and that's 100,000 dollars. So, you know, what we have seen in Star and Eagle is the developers at first push back on that. But, then, they said, you know what, we understand, now we get it, that the city is on board and the city wants to make sure that the state transportation system can handle the traffic generated and there is a formula that ITD does to calculate what that impact is. I sent all that information to West Ada School District and the impact fee agreements that my clients have signed, so they can see how that's set up. So, if the -- if the impact fee route is not available, you could go a mitigation fee route that is part of that -- the development agreement that's where it's put in. It's part of the DA. Hang on. Give me a minute. Oh, dang it. Where did that go? Sorry. I'm kind of challenged. One of the things that -- that I did is I wanted to understand from West Ada -- and I asked a lot of questions at that two hour lunch meeting about their service area. Obviously, you know, when you go on the West Ada website it says an elementary is intended to serve approximately one and a half miles. But, eventually, it serves a mile. When they opened up an elementary school -- they don't open it up just to serve 50 kids. So, the boundary is large, because they want to maximize their dollars. Page 15 Meridian City Council Item#1. January 4,2022 Page ——69 They want to be just as efficient as they possibly can and as the sections develop, then, that boundary starts shrinking and shrinking and typically it will shrink to a mile if we have normal densities and residential development and so this vicinity map that you see shows our Centerville project right here. It shows the Hillsdale Elementary kitty corner to us. And, then, West Ada owns this site kitty corner in a northwesterly -- so, that's a future middle school site. So, not only are we adjacent to an elementary, but we are adjacent to a future middle school site and we are well within the middle of that one mile radius and Dr. Bub indicated to me, you know, from an efficiency standpoint, obviously, we want projects approved closer to the elementaries than further and I know it was testified by -- by Ms. Johnson that, you know, busing is not an option. In that meeting I had they clarified busing is an option. We have, obviously, with COVID and disruption of elderly retired people being bus drivers, we have struggled to find enough bus drivers, but busing is still an option and they said -- I said, you know, would you rather have me out in the periphery, like the Daybreak Subdivision -- oops -- that you approved with 315 dwelling units or would you rather have me right -- right kitty corner to the school. They said we want you kitty corner to the school and so, you know, I think when you are looking from that macro position, you know, where are these developments in relationship to the schools. The other thing that I prepared -- and I did send to Joseph was a projected student generation rate based on the current data used as a guide and they emphasize a guide by West Ada School District. So, they basically take my 125 dwelling -- single family dwelling units and they estimate that generates .64 kids per dwelling unit. The townhomes are the same. They don't differentiate them if they are two or three bedroom. There is .64 also. The multi-family, they calculate that at .51. Where did they get those calculations? That's based on the one mile. In that particular section what they are seeing as the number of students generated by single family dwellings, townhomes, or multi-family and that's how they have derived at that. So, what I have -- what I have done there is I basically listed what each type of residential development will generate and so in that letter it's 138 students -- it's basically 138.06. They break that down by students, because they have 13 grade levels, K through 12, and they do six, three, and four to determine the distribution of elementary, middle and high schools. So, then, I took it further, because in -- Councilman Borton said, you know, we would like to have some breakdown in what is the true impact as you phase through this project. Phase one has 80 single family dwellings and nine townhomes and you can see there that the projected elementary kids generated would be 28. Right now we are seeing from design to recording our plat, finishing construction, it's taking Clang near a year. So, 2022 will be design and build. We won't see homes going up -- and I checked my other projects that I have in the hopper for CBH and for Toll, looking at the number of permits and how many homes are going vertical. Eighty single family dwellings, nine townhomes at the -- at the rate they are going, we -- they used to have a 90 day build -- it's 130 days. That's what it is right now based on material shortages, labor shortages. So, we have projected elementary students with our first phase of 28, middle 14, high school 18, and that would be between the year 2023 and 2024 and from there I went through each phase and at the rate that they are building this project is getting stretched further out into 2027 and you can see the number of kids that are being generated. Aegean Estates, for example, we designed it, recorded it, built it last year. They have nine homes out of 50 lots going vertical right now. I got a confirmation on that this morning. So, you know, we are seeing delays at all levels and, Page 16 Meridian City Council Item#1. January 4,2022 Page 14 of 6g obviously, delays it, design, build and occupancy of the homes has an impact on how many kids we are feeding to the schools. The West Ada School District did send me the Gem Prep packet that they -- for their charter school. They do have an attendance area. That attendance area is from Highway 69 over to Cloverdale and from -- I think it's Victory south -- oops. And so we sit also within the Gem Prep Meridian south attendance area. This is out of their Gem Prep and this shows in the fall of 2022 they are going to be able to accommodate 312 kids. Over a five year period they are going to be able to accommodate 574 and that is K through 12. They were approved in their document for 676 students and I was surprised when I went to the -- the lunch meeting with the school district, we went over to Gramercy, which I did for Greg Johnson and Craig Groves and the Broadview University that I did is now a Gem Prep school, which I thought was awesome. So -- I will go ahead and try to wrap up. I guess I would like the Council to -- to think about the fact that there are other education opportunities within our valley. There St. Mary's, St. Mark's. St. Ignatius is new. Cole Christian is expanding to a new campus, so that they can take on more students. Ambrose School is expanding and we have additional charter schools coming online. We are seeing the private sector and we are seeing the public sector trying to catch up. I know Meridian is being stressed with the growth. The whole valley's been stressed with the growth. We have 53,000 more people moved in here in 2021. Not all those people have kids, but some do, and I have always done my best to try to alleviate the issues and what's before you is a great project. An excellent project that is integrated both commercial -- and one of the questions was on the flex space and I didn't have time to address this last time and Amy Johnson got 21 minutes and I had less time to explain the project. This is the flex space that we are talking about and one of the questions was what is flex space. Flex space is versatile. What I showed you is an insurance agency, a barber supply distribution company, a coffee shop supply company, skincare laser treatment, Edward Jones Brokerage office, Pivot Education. It can be sandwich shop, plumbing business, hair salon, accounting firm. It's a mix of very low traffic generators. In this particular project I have reduced my traffic by 396 vehicle trips per day by the changes that we have made. We have reduced our number of dwelling units by 108. A question came up about how are you going to do this flex space? You don't have any parking. I have 104 parking spaces and I have given a breakdown here. We have 30 for the four-plexes, 42 for the flex space, seven for the daycare, 12 spaces for commercial parallel off-street parking. Guest parking in the townhomes nine. And pool facility four. The architecture that we planned for our flex space is very similar to what we see right across the street within the Century Hill commercial component, this part of the Hillsdale Subdivision. I have done everything right in this project. I have hit every -- every -- I have checked every box and I have come up with a very good integrated plan and I even received calls from other developers after that hearing -- and you would be surprised how many developers watch these hearings and don't have a project and they said, you know what -- Toll Brothers was one of them. That is the best integrated project I have ever seen. You took -- you took a 40 acre parcel and you basically have townhomes, you have multiple types of single family dwelling -- Simison: Becky, I'm going to ask you to -- McKay: -- and you have integrated flex space. Page 17 Meridian City Council Item#1. January 4,2022 Page ——69 Simison: -- please wrap up you comments. McKay: Yes, sir. Simison: If Toll Brothers wants to testify, I will let them get three minutes. McKay: And I ask the Council to look at the broad spectrum. If not here where? I don't think -- if you can't -- if you can't approve a project kitty-corner to this school, across from the Y, next to commercial areas and -- and employment centers that are just north of us, where can you logically approve a project in south Meridian? That's my question to the Council. Simison: Thank you, Becky. McKay: I'm sorry, Mr. Mayor, I went over. Simison: Council, any questions for the applicant? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Thank you, Becky. One of the -- I think -- I think the root cause of maybe the consternation is -- has to do with density and so can you help me -- can you walk us through the multi-family portion of this project and what that looks like and how that is attributing to the gross density of the project? McKay: Mr. Mayor, Councilman Bernt, that's a great question. So -- how come I'm having -- there we go. So, what we did -- the staff stressed to me that, you know, you can't come in with just a single product, we want to see diversity. With that mixed use residential or neighborhood, we want to see some type of a commercial component. So, what we did here is we have our flex space and we have our daycare here and, you know, I have done daycares in other projects and they have been very successful. The only multi-family units I have are these four four-plexes that are right here along Amity, which is an entryway corridor and arterial. Everything else is our townhomes and these homes all front on open space and that segregates my open space. I have parallel parking that is outside the drive aisles. It's separate. I have parking all along here and, then, these -- and we have pathways that link it and, then, they take access right here on like an alley load. Then as they front on the public street there is -- there are no driveways. Absolutely none. And, then, we have the townhomes here and we keep them in pods of threes and fours. And, then, we have a significant linear open space with amenities, with pathways. So, I have tried on -- every townhome is on open space, whether it be a collector buffer, whether it be linear open space like we see here, or whether it be right here where we have detached walks and we have along here. The question arose on these townhomes that I have here on the south end -- as you know I matched lot lines for lot lines all along the perimeters, Rockhampton and within the Hillsdale -- what is it? Howry Lane Page 18 Meridian City Council Item#1. January 4,2022 Page 16 of 69 Subdivision and here we have townhomes. I have a common lot that's 43 feet wide all along here. The question arose what is the separation between this and the road? Forty- three foot landscape buffer. They have a 30 foot landscape buffer. There is 73 feet to their road. Not to their home, to the edge of the right of way. So, what we have done is when we abut the residential we started transitioning to our large single family dwellings. This project, as you can see the density is low around the outside, extremely low, a little over three units per acre, consistent with what we have at Rockhampton, what we have to the south. As we go to the interior we change lot sizes and, then, we have our central 1.8 acre open space -- or 1.9 acre open space here. We have created pathways. We have created open space. We have significant amenities for these people. It's kind of hard for you to see -- this blow up kind of shows. You can see that outside those travel lanes we have parallel parking. So, that's kind of a new urbanism design. You know -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I'm sorry, I don't mean to be unkind, but, Becky, I feel like you are just extending your -- your testimony -- McKay: Okay. Perreault: -- and Councilman Bernt asked specifically about the density for the multi- family. I would really like to hear the answer to that. McKay: Okay. So, the overall density is 6.01 and that is based on just the single -- the single family area, excluding the commercial area is my density. We are designated medium density residential and mixed use. Medium density residential allows three to eight. The mixed use allows six to 12. Is that correct, Joe? So, our average, just honing in on the residential, is 6.01 and based on what we see in these areas, we are trying to provide the diversity that your Comprehensive Plan and land use map asks us to do and that was one of the things that the staff stressed and the question I believe at the last hearing -- I went through all the minutes that was asked of me is did you meet with our staff? Did you get input from them? Yes, I did. And they wanted me to push the density up. I, after the Planning and Zoning Commission, brought the density way down to 6.01. Simison: Councilman Bernt, do you feel like you got your question answered? McKay: And in my opinion the townhomes are probably going to generate less kids, even though they use the same multiplier -- Simison- Thank you, Becky. McKay: -- in the single family. Cavener: Mr. Mayor? Page 19 Meridian City Council Item#1. January 4,2022 Page 17 of 69 Simison: Councilman Cavener. Cavener: Becky, just clarification. I think in your testimony you talked about some of the changes that you made having a positive impact on traffic. I guess I'm looking for you maybe to expand a little bit about that. And maybe I'm misremembering, but I think in the staff report -- I should have pulled it up. I'm sorry. That I think this project turns Amity -- it's classified as an F and no plans to improve it until 2036. So, help me understand where I'm wrong. What -- what this project will do to our roads and what the plans are for improvements. McKay: Mr. Mayor, Councilman Cavener, that's a good question. I think in the last hearing I brought up that the new ACHD CIP is moving Amity up on the priority list. Even with their budget cuts it is still being moved up. Cavener: To when? Sorry. McKay: I believe they indicated that it was going to -- we will accelerate -- accelerate -- this was quoted in your minutes. We will accelerate the segment of Amity, Cloverdale to Five Mile, for design in 2024. Right of way acquisition 2025. Construction in 2026. And Kristie indicated Amity is a priority corridor widening to three lanes. She said Eagle Road corridor is finalizing its construction and they do not have Amity and Cloverdale roundabout until -- construction in 2026. So, right now that Hillsdale Avenue operates at a level of service F. With my first phase I have to install a signal. That is required. So, if this project goes away that intersection still operates at a level of service F. With a signal the intersection operates at a level of service B. The school district brought that up. It benefits them to be able to get that intersection signalized. To also get that rapid flashing crossing and improve the safe route to schools. Cavener: Okay. McKay: And they -- they did bring that up that they were pleased with that. But this is right out of your -- Perreault: Mr. Mayor? Simison: She's finishing answering the question. If Councilman Cavener wasn't satisfied he could have stepped in. McKay: Thank you. Simison: Councilman Cavener, any other questions? Okay. Dodson: Mr. Mayor? I did want to include additional information overall for the project if I could. Would that be -- the number in my staff report note is from the TIS -- it was like 2,600 vehicle trips or something like that, but that was based on the original number of units. So, Becky's mention of a reduction is because of the loss of 108 residential units. Page 20 Meridian City Council Item#1. January 4,2022 Page ——69 It would be -- if we are talking very macro big numbers, that's -- that's where that main number is going to come from. You're welcome. Simison: Council, any additional questions for the applicant? Council Woman Perreault. Perreault: Thank you. Two questions, Becky. First, we had a long conversation at the last meeting about the sidewalk that was in front of a private residence that exists on the west side of Hillsdale Road and I wanted -- I'm hoping that you can give us an update, if any, on any information you might have found out. The second question I have is was there consideration made of putting the multi-family there on the west side of the project where the current commercial is on the concept plan and moving that commercial on the Amity side to encourage folks to enter into the development off of Amity, instead of entering in on the Hillsdale area or is that not what ACHD prefers as far as traffic movement? Simison: Becky, let me ask Mr. Nary to respond to the first question. Nary: Certainly, Mr. Mayor, Members of Council. I did speak with the property owner and as Becky stated she has a life estate for that property. The Y owns the property for the future. The Y intends at that point in the future to tear the house down and expand the Y into that area. So, that's part of the reason there is no sidewalk and her current well for her property, because it's not in the city, so it's on a separate well and septic system, is under the hill right there. So, putting that would require, then, removing her well and, again, there is no interest by the Y to hook the house up to city services, because they plan on tearing the house down at some point in the future. So, that's kind of where we left it. So, that was why she didn't want a sidewalk there, because it would interfere with her services that she already has. Simison: And, Becky, I will let you take the second question. McKay: Mayor Simison, may -- may I ask Mr. Nary -- if -- if my client was willing to pay the connection fee to central water and physically connect the home, would -- would she, then, be willing to abandon the well, so that sidewalk could be installed? I'm just throwing that out. Nary: Mr. Mayor, Members of the Council, I -- I didn't ask her. Like I said, to her -- her reasoning is really veryjust utilitarian for what her needs are. Again, I don't know-- again, you would be hooking a house up to services that may be torn down in the next five years, so -- certainly that's a question I could ask if that's the direction you want to go. McKay: Okay. To answer, Mr. Mayor, Council Woman Perreault's question, in your land use map, the overlap of the mixed use was right here in this corner. I believe that was probably done because Hillsdale is a collector. It was intended to be either signalized or be a roundabout and so they anticipated that the commercial node would be right here versus along the Amity corridor. ACHD, even though we will be building turn lanes, eastbound, westbound, and widening Amity all along our frontage, was not keen on this Page 21 Meridian City Council Item#1. January 4,2022 Page ——69 access, even though it aligns with Shelburne South. They said they preferred for the commercial component that it utilize the light and that's why they were willing to give me this access right here. So, my -- there is an access that goes to the west into Century Hill Farms commercial and my access into my commercial is directly across from that. So, there are two ways that people can get into my commercial node. It's -- like I said, the flex space is a lower traffic generator, so it's not like highway commercial where we need pass-by traffic to see us, but we do need access. This provides a direct access in and, then, we have our collector that comes in where they can come in on our private road or they can come in through the subdivision. So, we have provided three different alternatives to access into our neighborhood commercial node and -- and that's what this is, is more neighborhood type flex space and the versatility of that flex space is what I like, because it -- it can basically accommodate multiple uses with low traffic generation. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I appreciated you mentioning the mitigation fee or the concept of a special assessment. In your conversations with the West Ada School District was there any conversation about what that fee would look like? You know, I -- my impression or at least I think the hope was that we would be able to have a joint meeting with them prior to discussing this application again and to be able to flush this out. I will just be candid. Like what I'm really struggling with I feel like just based on the permits in this area we are just at a breaking point and your comment was what else would you approve? I think that's a spot on comment. I don't know what else I could approve in south Meridian at this point given the dilemma. Now, I'm hoping for a brainstorming session with the City Council. You know, are you -- if we can't come to an agreement do you prefer to continue this? Because I would like some feedback about that. I would like some feedback if you discuss the special assessment, what -- what that would look like with the school district. I'm just kind of-- unfortunately, I'm getting to a point where I'm feeling like either we have to step in as a city and get development going forward consistently to help chip in to build schools or -- and this is only my opinion -- but maybe you are getting a ticket in line and you have got a ticket in line with an approval and that opens up when there is capacity or a bond passes or something changes. So, sorry, that's a lot coming at you, but just wanted to be candid about where I'm at. I just feel like we have not flushed this issue out and I know it seems unfair that you are the focal point of a huge systematic issue, but you are just -- I feel like you are the breaking point and that's why you are unfortunately -- you are -- you are broken physically, sorry to say, because of the mishap and, then, you are also kind of in a tough spot with this development. So, if you have some feedback. McKay: Mr. Mayor, Council Woman Strader, that -- you know, that -- that's a good question. You know, at what -- at what point -- and we talked about that when I met with West Ada and, like I said, they -- they took a couple hours and I asked a lot of questions and they provided me a lot of information and they said, you know, we -- we don't want the Council to turn down a particular project because of capacity, because it is our responsibility to figure out and take things out of our tool chest to make it happen and if Page 22 Meridian City Council Item#1. January 4,2022 Page 20—69 that means shrinking the Hillsdale Elementary boundary, then, so be it. If that means busing kids, then, so be it. However, they are looking long range. So, you know, there is short-term solutions, there is long-range solutions. The long-range solution is they would love to have impact fees and be impact fee eligible, just like for Fire, Parks or Police or any of the other essential services that are provided to new developments to help new developments pay their way. They also said, you know, if we are not successful in that -- even if we are successful, they still want to maintain their ability to pass bonds. They did make that very clear. They don't want to sacrifice that, because that is something that's in their tool chest. But the supplement of an impact fee would make a significant difference in the school district -- or the ability to have developers mitigate, you know, like -- like I said, you know, a portable is a hundred thousand dollars. Is a developer willing to pay the hundred thousand dollars for the portable. Well, if a developer is willing to pay ITD, you know, 656,000 dollars to mitigate their impact on Highway 44 and Highway 16 to expand the intersection way out into the future, I would say, yeah, that's probably an option. We have -- we have faced these situations before over the 30 years that I have been here. My kids have experienced it and -- and it's -- it's something that -- that we grapple with and I think our state legislature needs to step up and look at what other options are there. I mean the amount of dollars that -- that are provided to our schools were ranked -- I heard 51st behind Puerto Rico. Whether that's accurate or not, I was very sad to hear that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If I could just jump in to sort of -- like maybe direct to a point. Have you had a conversation with West Ada to establish the capital impact each student coming from this development would have? Like have you had a granular enough conversation to try to even just start saying, okay, if -- and I -- I agree with -- McKay: Or quantify it? Strader: Yeah. I mean I agree with all of your comments. You know, I agree with the -- agree that the state legislature is totally abdicating their responsibility to the community and the state as a whole. I agree with you that West Ada is not going to benefit from a hundred percent of the bonds that they choose not to run and I don't think we should let them off the hook for not trying to do that, but we have a lot of other places we can't control. All I can control is here and I'm -- I'm just saying like I personally don't -- I feel like as a steward of the future of the community, it's not in the community's interest to add these students, unless something changes or unless I have a way to be proactive in helping you to pay for them to have a place to go to school. So, just, you know, what would that number be? And if the answer is we don't know yet -- McKay: And I asked them that and that's why I sent them the ITD agreements and ITD's analysis on how they are basically quantifying that impact per dwelling unit and hopefully Page 23 Meridian City Council Item#1. January 4,2022 Page 21 of 69 helping them formulate to say, okay, this project impacts the district by X number of dollars and so I'm -- I'm doing what I can to educate them. Strader: Mr. Mayor? McKay: It's going to -- it's going to -- Simison: Council Woman Strader. McKay: -- take a lot of work. Strader: That's okay. Thank you. I -- you have done everything you could for now. McKay: I'm -- I'm trying to help them get there. Strader: I hundred percent feel that from you right now. May I ask a question of Mr. Nary -- Simison: You may. Strader: -- while we are on this topic? Mr. Nary, can we legally -- if an applicant is willing can we charge a fee? It's been brought up in a very popular podcast recently that's found on Facebook. I mean I -- I personally would rather find a way to pay for schools and tell, you know, Ms. McKay, like here is your ticket in line and your spot will open up in however many years it takes. Is there a way for us to do that? Nary: Mr. Mayor, Members the Council, I couldn't speak for the C of O. Certainly contractually you can agree to pay anything you want to pay if somebody is willing to do it. It's not an exaction if a person agrees to it. I don't know what our Finance Department would think of collecting a fee for a service we don't provide and are never going to provide and we don't even have an agreement with the school district to give the money to them. So, I think there would be some steps that you would have to take to create a mechanism to collect it as a pass through for the school district, but that's where I think we have to go. So, technically, today no. Could we get there? Yes, we probably could, I just would have to have that conversation with Finance. Simison: And just to piggyback, the fees that she's referring to that they are paying out in other cities, those are voluntary financial contributions. ITD has no mechanism to require them to be paid. That is, essentially, what we are talking about is -- and I don't even want to save my comments, I'm just going to shelve it. But -- Strader: Mr. Mayor? Simison: Council Woman Strader. Page 24 Meridian City Council Item#1. January 4,2022 Page 22 of 69 McKay: It's an agreement that the city of Eagle and the city of Star have signed with ITD basically stating if we annex and rezone property that impacts the state highway system that we will include as part of our development agreement a mitigation fee to pay for that impact and the city collects those funds and, then, they are allocated to an ITD project. So, it is kind of a complicated, convoluted system that they have gotten to and -- and when I -- when I talked to the school district about that mechanism, like I said, I -- they -- they had difficulty trying to -- trying to form that. Now, they did say, you know, we have capacity, like McMillan Elementary just on the east side of Cloverdale, only has -- I think they said 350 students. We have capacity there. But that's not where the development is taking place. Strader: Mr. Mayor? Simison: Yes, Council Woman Strader. Strader: Just to finalize my comments. Thank you. I think we get it, you know, and I actually have a lot of faith in our development community that they would understand the situation that the city is in and I -- I absolutely believe that the vast majority of them would step up to pay whatever fee we feel is necessary. I -- personally where I'm at I feel like this needs to be continued for us to work that out. That's -- and that's it for -- for me tonight. Simison: And I'm not the lawyer, but I consider the fees that developers are paying in other cities legally questionable fees and would not encourage the city get into the business of those -- of collecting those arrangements personally. But if Council feels differently, we can start having those conversations. Council, any additional questions of this applicant? I know that -- that's where we are -- okay. Thank you, Becky. Okay. This is a public hearing. Madam Clerk, do we have anyone signed up to provide testimony on this item? Weatherly: Mr. Mayor, we had two people sign, first of which was Paul Prestwich. Simison: If your name is called, if you would like to come forward and state your name and address for the record and be recognized for three minutes. As a note, we -- obviously we have the testimony from the last public hearing. All that is still relevant to the conversation. So, if you have something new to add we are happy to hear it, especially based on the information that's been discussed this evening. Prestwich: My name is Paul Prestwich -- my name is Paul Prestwich. 5249 South Bleachfield in Meridian. I had a couple of comments with regards to the testimony that was here. I believe you said there was someplace in the neighborhood of 3,000 single family and multi-family unit permits already approved and maybe about 1,300 of those have actually been taken out, someplace in that area. When you use that number based upon Becky's school number of .64 you are looking at approximately 22 to 23 hundred students already approved to come into the area. By your testimony the school said three, four years we could probably have 500 unit capacity going on. Well, that's a Page 25 Meridian City Council Item#1. January 4,2022 Page——69 shortage of another 2,000 students of already approved people. This is not just a problem with Centerville, that's a City of Meridian problem. Every place we go, if there is not school capacity, if there is not road capacity, the city should be putting some type of brakes or conditions on it. ACHD, when they make an approval, it's tentative. They go ahead and say, well, you can do this if you put in a turning lane, you put in -- a widening of the street, you put in traffic lights and other stuff. There is conditions before they will buy off on it. There is absolutely no reason why the City of Meridian can't put similar conditions on things that you are responsible for. Now, you say, well, the school -- we are not responsible for that. But in reality you are, because you are the ones approving all of these people to come in to the area. So, the school can't control that. That's your problem that you create, along with the city of Boise, what, Garden City, Eagle -- all those places AC -- or the school district has to try to manage all of them. So, I don't know if that 500 capacity includes all of that area or if they are just talking about our -- our town Meridian, but, you see, there is some problems with the numbers. I would recommend with our planning and zoning that you have some new policy changes that when they produce these that they give you an aggregate number of traffic counts for all of the approved projects and how that will impact the one that's currently on. The same thing would be true with the school population. If they are looking at it and saying, gee, we have already got 3,000 students approved here and the school saying they can get 500, that's a problem, not just for the city, but for all of the people who are currently here and all those people moving in. Imagine if you bought an 800,000 dollar house down here in south Meridian and found out I don't have an elementary school, I don't have a junior high or a high school to go to, because we are already overcapacity in most of those and there is three more thousand kids in a waiting line before you. It almost seems as though it could be a fraudulent thing to do if you are selling those properties. So, I would, you know, implore you to look at this not just from a Centreville issue, but from a City of Meridian issue and go ahead and put this on pause until the city actually takes some actions with their planning division and the Commission, give them some directions on what needs to be done, because they are just -- you know, it meets the parameters, but it doesn't really meet the big picture that you guys are supposed to be looking out for all of us and so, please, consider that, postpone this, postpone all of them until we get something else. Give them some ideas. Maybe senior housing development. No school impact, maybe more commercial -- Simison: Thank you, Paul. Paul -- Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I have a question for you, sir. Prestwich: Yes, sir. Bernt: Are you -- are you advocating for a moratorium of building in the City of Meridian? Page 26 Meridian City Council Item#1. January 4,2022 Page 24—69 Prestwich: Only when we do not have the facilities in place to go ahead and accommodate the people. So, as we found in south Meridian, you know, they just -- the numbers they are providing -- Bernt: I get it. Prestwich: -- three -- 3,000 -- Bernt: So, the answer to your question is yes? Prestwich: Maybe. Because I don't know what's in north Meridian. I don't know if you have capacity of -- Bernt: Like sub areas. Prestwich: -- you know. So, yeah, once again, I'm looking at the south Meridian area only. I'm bringing it to your people's attention, so that you can look and say, yeah, maybe we have some there. Maybe I have got commercial. Maybe I have some other type of building that isn't impacting, you know, the schools or the roads as much. Go ahead and approve them. Simison: Council, any additional questions? Prestwich: Did I answer your question? Hoaglun: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Mr. Prestwich, I'm just curious. One of the problems we have is the fact that if we put a pause on development in Meridian, that does nothing -- West Ada is a huge school district -- Prestwich: Correct. Hoaglun: -- and they bring in kids from all sorts of locales and growing up in Meridian, when we were a little town of 5,000 and Eagle was just Orville Jacksons and the Merrill Egg farms and Star was just a place on the road. I think that restaurant was still there. It made sense to bring everyone together and pool our resources to provide good education for our -- for our kids, you know, and we -- that has changed immensely. We are the largest school district in the state now. Forty thousand students. So, if we put a pause, what I see happening is Star and Eagle continue their growth. You look at Hidden Springs, Avimor, all that up there, thousands and thousands of homes, they build those out and everything gets pushed this way. It doesn't matter what we do, the schools are going to Page 27 Meridian City Council Item#1. January 4,2022 Page——69 be filled up, because they are going to keep moving the boundaries and pushing kids back over here and now will south Meridian approve a bond to build more schools when -- well, wait a minute, we aren't contributing to that. I mean how do you get to that point to build more schools without -- I have seen it growing up here, there has to be some pain involved for parents to go, you know what, it's time, we have to do something for our kids. Prestwich: I don't think the pain necessarily needs to go on those parents and those housing units that are already paying some pretty exorbitant property taxes right now. I think Becky and her talk does have it accurate where the developers need to be participating in putting these together. If you are going to approve a project it's approved tentative upon -- you know, we need to have a school that will accommodate the kids that are there. Maybe they need to get together with several developers in the area that have projects and say let's put together something where we can put a school in, it will handle our kids and, then, that problem goes away and it's a voluntary thing and whether or not they pay it directly to the city or the mitigation is -- like you say, there is a dollar amount per kid and that goes directly over to the school district for building in the area that we have approved. Not going out to Hidden Springs, not going to anyplace else, but this is money for projects going on in the area that we have. Simison: Council Woman Perreault, did you have a question? Perreault: Thank you, Mr. Mayor. Just a statement. Thank you for your comments. We have been hearing through a variety of people, through public testimony, through the newspaper, social media comments, that there is -- there is a lot of sort of blame going on between the different entities that are involved with making these decisions and a lot of people saying, hey, the city's responsible because they are approving the applications. Well, the truth is we are not bringing these people here, they are coming and they are coming whether we approve the applications or not. I'm a real estate broker. I talk to folks everyday that are desperate to leave the situation that they live in and I'm not making any kind of statement or judgment about whether they should come here or not come here, but they are coming here. So, it's not one of those things where, you know, we are saying that and, then, you know, West Ada is saying, well, the city needs to make that decision and the city is saying that West Ada needs to give us information. This is tough. This is a collaborative effort that -- that I know you probably don't get an opportunity to see these meetings very often, but we have actually made a lot of headway in the last couple of years in regard to a variety of pieces of data that -- that we weren't receiving before and that we are starting to receive now. So, please, be encouraged that there is progress being made. I know it feels really slow, but we are --we are really aware of what you have shared with us as the concerns and we really are working to try to get as much information as possible to make the decisions and we feel your frustration very very much. But, please, know that us approving these projects is not bringing people here, they are coming and we just have to figure out how to make sure that it's planned well for the city. Prestwich: And I think that's my point is that you are not planning well for it, you are overpopulating, even though people -- you know, they may come, they have to have a place. If there is no house they are not moving to Meridian. They may go someplace Page 28 Meridian City Council Item#1. January 4,2022 Page——69 else, but you guys need to make sure that this is structured properly so that those kids can go in. As a broker I'm not sure what kind of liability you might have selling a house that says, you know, your kid is going to go to Hillsville Elementary School or in that area. But, you know what, there is no capacity for ten years for your kids to go to that school. I don't know if that's a liability or not for you. But it sure seems like if I bought the house and that's what you warranted, that I would certainly be looking at some compensation for that. Simison: Council, any additional questions? Thank you, Paul. Weatherly: Mr. Mayor. Amy Johnson, did you want to speak? Hoaglun: And, Mr. Mayor, if I recall, this is Amy Johnson the second. Simison: That is the case. Johnson: Yes. And Chris Johnson, who is also my husband, the second, is not here tonight. Amy Johnson. I live at 4069 East Tenant Drive in Meridian. I am part of the Hillsdale Creek Subdivision. I'm not speaking on behalf of them at all. I just had a couple of things macroly speaking. I agree a lot with kind of pushing a pause at the moment, because I think we are at a breaking point. I like kind of the ticket idea, so to speak. But, at the same time, if I buy property and want to develop on it I should be able to develop on it and within -- I think the boundaries that you guys as a City Council need to kind of create and so macroly speaking, yes, I mean selfishly pause this, let's put it on the table, put it down in the future where we can really get a better project built out of this. Microly speaking just a couple things that Becky spoke on. Traffic is a big issue for me. I'm going to -- I was on the traffic commission for eight years in the city of Beaverton, similar size, and there are things that you can do to mitigate the traffic in this area, specifically on Hillsdale Lane itself. So, at a micro level if we are going to be going through with the Centerville thing, she needs to widen -- or the developer needs to widen that. We need turning lanes. If you put the signal there it's going to queue all the way down to where the school is heading out to Amity. There will be no places for those people to turn left into the subdivision, completely creating a huge clog and it will impact the quality of the life for the people who are already there and the future people who are going there. Typically speaking high density areas, a lot of people in theory don't have as many cars and are reliant on being able to walk and that's just not going to be a safe option in this area at all with the traffic. And, then, the safety issue of getting those kids to the neighboring school Hillsdale. The topography in that area just doesn't support a safe way of going. I mean they need to figure out a way for the sidewalks to go in front of the life estate or something, but dropping down the pitch of the road, it's just not a safe option and it needs to be tabled. I feel like you are about 70 percent there on Centerville the way it is. It needs to be tabled until we can get a hundred percent safe and all the mitigation things done. It sounds like the developer is willing to do some mitigation. So, I would like to see more of that come out of it as kind of a person in that development already. And, then, I can also finally kind of speak on Gem Prep. I actually have a kid in Gem Prep. The one on Overland. And it is a lottery system and it is a weighted lottery Page 29 Meridian City Council Item#1. January 4,2022 Page— of 69 system. But that is incorrect in saying that this is the boundary in which the kids are going to go to. It is a lottery for anybody in the City of Meridian and even surrounding areas and, yes, it's weighted for the people who are within that boundary, but as a parent I have to enter that lottery every single year and I have to make sure that, you know, you are continuing to do that. So, pretty much anyone can send their kid there and it's not specific to that development and I think it is irresponsible to kind of assume that that would help mitigate this development as it is. Those are my few comments. Simison: Thank you. Council, any questions? Okay. Thank you. Weatherly: Mr. Mayor, that's the last of who I have signed in. Simison: If there is anybody else who would like to provide testimony on this item, please, come forward at this time and state your name and address for the record and if you are online and you would like to provide testimony, please, use the raise your hand feature, so we can bring you in. Daley: Thank you, Mayor and Council. I just -- I'm Tom Daley. 4892 South Willandra Way. I'm in the Rockhampton Subdivision. And just as a recap I might just ask some questions of the Council. Having been on situations like you and some intimation to the legislature and inaction of the legislature has been intimated here as well and I have been there and you guys know that there are certain things you can do and can't do and the legislature is in the same situation. Just as -- as an aside. But I guess to thank you for what you are doing, because what the process that our founders gave us is exactly what you are doing. Taking input. It's a long laborious process. It's hard. It's difficult. The decisions are hard to be made that you have to make. I understand that landowners have rights as well, but they have responsibilities, all of them, including the ones that are there, as well as the ones who want to build, but just some questions for the Council as you consider this. The request is, of course, to rezone and grant it. So, are you rezoning to change it so that they can build what they want to build? Because in current zoning can it -- can they do what they want to do in current zoning or are you rezoning to do that? Just a question. Also the letter from the West Ada School District says it's a snap in time. Granted. But that snap in time is going to be dramatically changed if this happens. That's a question. How is that snap in time going to change if you approve this development? The Daybreak Subdivision was approved and it's already been talked about. That is an impact. You need to consider that. The timelines of moving through this process, the developer already said it's going to be 2023-24 and they are moving those out, so can the Council do some of the things that have been suggested, put some timelines on there that meet what's already reality in today's world and do that and meet some of these needs that are going there. Put some -- put some timelines on it that does actually help meet those needs. Traffic and parking? I don't know that you -- it's a question to you. Have you been to these kinds of developments and to the adjacent communities. I have driven through some of those and I don't know whether the zoning code needs to be changed or the parameters need to be changed, but there isn't a development like this that I have driven through that doesn't have spillover, no matter how many accommodations are made. So, you need I think to look at that in a larger sense as well Page 30 Meridian City Council Item#1. January 4,2022 Page 28 of 69 in terms of whether your code meets those needs in these kinds of developments, because there is spill over in those developments in -- in my experience anyway. The sidewalk to the house. Again, back to the landowner. She has some rights there, too. So, just imposing on her to take her well away from her, et cetera, she has some rights there, too, and that doesn't meet the needs of the school. So, I guess just -- and my time's up, but pay negotiated fees. They say they could pay negotiated fees and I know the Mayor has said that's not necessarily the best way to go. But maybe that is. So, just as an aside there are some questions -- I think sufficient questions that the Council has before them that does put a pause button on this development, not that it shouldn't be developed, but there is some -- some questions that need to be answered before this goes forward in my opinion. Simison: Thank you. Council, any questions? Thank you, Tom. Hoxie: Good evening, Mayor, Members of the Council. George Hoxie. 40184 East Rockhampton Street. I live in Hillsdale Creek neighborhood. I want to just quickly, again, thank you for the conversation. I'm very pleased to hear what's being talked about tonight, but I do want to raise some additional concerns based upon the earlier testimony. So, again, just to highlight, I do not feel this is just a Centerville issue. Yes, there are specific issues about the Centerville development that we are still concerned about as a community, but it's really larger than that. So, again, this is not picking on Becky or picking on a single developer, this is really really a much larger issue. You know, as was stated earlier tonight I think, as well as at the last meeting, at some point there is a breaking point and I think that's important to consider. I'm pleased to hear that West Ada School District met with the developer. I'm not pleased to hear that they haven't met with you, to my knowledge, nor are they here tonight, again, to represent themselves and the community; right? So, I think that that's kind of interesting. I'm pleased on one sense that they are having conversations, but I don't think they are having conversations with all the right people and, of course, you know, I'm actually glad to hear that West Ada admits that they don't want to be the one to say no. No one wants to be the one to say no; right? To say that we can't. Everyone wants to say we can. We have a solution. But the facts are the facts. We are where we are whether we like the data or not about school capacity; right? So, I understand them not wanting to be the one that says no. Someone needs to be brave and say that it's time to at least take a pause, so that we can educate our kids in schools. So, it was mentioned of a middle school lot. I just want to be very clear about that. That's close to this development. There is no -- there is no funding or plans for that lot to do anything. That lots been empty and has been empty. So, it's great that land is there. Doesn't mean anything in the -- in the near future in any way. I think legislation is a great idea. How long is that going to take? Who is going to drive that? Who is going to take that on? When is that going to actually have a benefit to the community? You know, being all on board with something is great, which is a quote that I heard Becky mention in some of her conversations, but that's not a plan. You know, we can -- words are not going to solve this problem; right? Funding and a plan. We need three schools right now in south Meridian; right? An elementary, a middle, and a high school. There are no bonds and no funding for any of those schools. Okay? So, we are talking two, four, six years out before we solve today's capacity problem, not additional students Page 31 Meridian City Council Item#1. January 4,2022 Page 29—69 moving in with already approved developments; right? So, I think it's very important. Again, I will highlight Gem Prep. I agree, it's a weighted lottery. It's not a way to solve a public school capacity issue. You can't guarantee whether you go there and it's not an equal lottery for every family. And private schools, they are expensive; right? We talk about affordable housing. So, now we are saying that we are going to solve our public school problem, so people can go to a private school and pay -- pay tuition. Some kids don't -- or some parents don't want a religious based education either. Most of those public schools are religious based. One -- one quick -- quick note on traffic. Please -- if we are going to pause this and continue to consider it, please, revisit the TIS. There was new traffic counts done in December. I think it was December 8th. Please use those data -- have that traffic study redone, rather than using the old 2018 data, with, you know, the estimates that we have testified to previously. Again, thank you very much for your time. I appreciate it very much. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: George, thanks for your testimony. Appreciate it. I think maybe you and your wife has also provided some letters, some very insightful information in the public testimony and I know the Council has had a chance to receive. Hoxie: Thank you. Cavener: George, a couple of weeks ago -- maybe three, four weeks ago Council had an application before us in north Meridian and I think it was Council Member Borton who inquired with the applicant if they would be in support of Council approving their application, but not issuing a building permit until a school bond had passed and it created a new wrinkle on my brain, which I think has caused a lot of conversation that's happened here at the Council and I think you are someone who has been really involved in our community and have taken a great interest in our community and I'm just curious as someone who is kind of an outsider-insider, who is really concerned about Meridian, what -- your thoughts on that type of suggestion? Hoxie: Yeah. I think that certainly would be a step in the right direction from my perspective. You know, backing on some of the earlier comments about figuring out what are the right conditions to put around, you know, additional approvals for development. So, certainly not being an expert in any of these areas, but, as you said, a concerned citizen, I believe that is a step in the right direction for sure. I think you -- you noted, you know, the letter that I provided or the e-mail where I said that, you know, lining up plans of road improvements and -- and school capacity, lining up those plans with the developments I think is a critical piece of -- of a balanced plan going forward for the city. Cavener: Okay. Appreciate that. Page 32 Meridian City Council Item#1. January 4,2022 Page 30—69 Simison: Council, any additional questions? Thank you. Hoxie: Thank you very much. R.Prestwich: Hello. I'm Rebecca Prestwich and I live at 5249 South Bleachfield. I am on the road that directly connects to the proposed development and it's thought that -- or been reported that there is going to be more than 200 additional trips down a street that now only has about eight trips a day go down it from the current residents. So, that's a significant impact. The only few things I want to add is Becky's conversation with the West Ada School District was between her and the individuals who are present -- present from the district. We didn't hear that conversation, so we don't know the facts of all of that conversation. So, even though she gave us some detailed information, I think it's important for you to individually have that conversation with the school district to get the feeling of what is being transferred to you. And, then, she also stated that Amity is being widened between Cloverdale and Five Mile Road. Well, the existing proposed development is between Cloverdale and Eagle. That is not proposed to be widened. So, that needs to be pointed out. It's not going to have an impact on that particular development. There is still going to be a lot of traffic in that development area. And I think that Tom brought up some good things, some questions to think about, and I had thought about a couple of questions, too, is ask yourselves individually how can I approve this development knowing that the school district has no funding to build new schools? No more busing capacity, because they don't have employees now and no way to solve the current crisis and that is by the testimony of Amy Johnson in our last meeting and ask yourself this: If I or we as a Council were to approve this development what type of liability will the city and the board members face after being fully apprised of the current situation and going ahead and approving this project in spite of that knowledge. Is this truly in the city's best interest? I would propose to you that it is at this time not in the city's best interest. The community, obviously, doesn't feel it's in the best interest to do this and I think it's a good idea to put a pause on it and just to give it some time, so that the infrastructure and the things that need to be in place can be put in place and I appreciate the time to speak before you. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you for -- for being here and sharing that with us this evening. When you -- when you say encourage the Council Members to ask themselves about liability, can you -- can you sort of expand on that? R.Prestwich: Well, one of the things that I thought about is it's been discussed and we saw a photo in the last Council meeting of this home that sits in front of the Y and where the children are going have two immediate danger zones is where they have to cross at the beacon light, where there are two businesses crossing -- that will cross into Hillsdale Page 33 Meridian City Council Item#1. January 4,2022 Page 31 —69 and their traffic will be flowing out there, that's where the beacon light is for the children to cross the street to get over to Hillsdale and, then, as they walk down Hillsdale and they come to that house it goes down a hill and the cars on top of the hill have no vision of what's happening there and children will have to walk without a crosswalk in front of that house, the cars are merging at that point as they pass the house into the driveway of the school and children are going to have to get through that before they can reach a safe sidewalk. That's a liability, because there will be a child hit by a car at some point in time and many of the children are doing that, traveling along that road. They will have to do it when it's dark, because our winters -- you know, it's dark in the morning, it's dark in the evening, that's a danger and a risk. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: You made a comment, Mrs. Prestwich, earlier at the start where -- questions saying, you know, we need to check out these facts that she has presented. The business of government is very unique and I just want to assure you that -- that when people come before us the only thing they have before us is their word and Becky's operated here for a very very long time. There are others who have come before us that have spoken certain things that weren't accurate and later it-- it comes back to them. So, please, know that they are very very careful about what they say and that they are true and accurate, because if they lose that word they have nothing before us. So, that's -- I just -- if Becky said that this is what they said and -- and to go back and double check that -- I don't have any doubt on that, because she knows it's important that if she is untruthful she loses everything that she has worked for in her entire life. So, that's just -- I just -- I just want to point that out, that we are very cognizant of what is said and who says it and whether that can be backed up. So, that's just what I wanted to make sure you are aware of. R.Prestwich: I hope I pronounce your name correct. Is it Hoaglun? Hoaglun: Hoaglun. Yes. R.Prestwich: So, Councilman Hoaglun, I appreciate your comment and I understand that Becky has come before you for many years and that you -- that all of you seem to have a really good rapport with her, as well as members of the Planning and Zoning, I imagine that most do and I'm not in any way trying to impugn that relationship or to impugn her integrity. What I'm suggesting is that as each of us hear something we hear it in a different way and so what she heard she reported to you and is factual to her, but it may not have been the full scope of what they were trying to convey and I think it's important that you take the time, as Council Members, to have that same conversation and hear it directly yourself. Thank you very much. Simison: Council, any additional questions? Perreault: Mr. Mayor? Page 34 Meridian City Council Item#1. January 4,2022 Page 32—69 Simison: Council Woman Perreault. Perreault: Not a question, but I wanted to share that I listened to the last hearing again before this one and the ACHD representative that was present did state that the design for Amity Road between Eagle and Cloverdale would start in 2026. So, the assumption would be that design would be '26 and, then, construction '27 and, potentially, be widened by '28. So, that's from ACHD's statements in our last hearing. Simison: And ACHD is on the call if they would like to weigh in on any of those issues, to either correct the applicant, your comments, or something else that's happened since then. But thank you. Jackson: Troy Jackson at 5253 South Acheron in the Hillsdale Creek Subdivision. The immediate subdivision next to the project. And I just wanted to come up and just say a couple things. One, I can attest that Becky McKay is probably the best at her job by far hands down. Been doing this a long time. I can say that. I oppose this project, but I -- know that they got her for a reason and she's very good at it and I absolutely trust what she says. Having said that, it was a little -- it's a little -- it hit me a little bit. I know that the chairman of that board sat up here last time we sat and talked and said one thing and then -- and, then, there was a lunch meeting where it was everything beside that. It was something totally different that -- that was troublesome for me to hear that tonight. But with three children in that subdivision I can tell you for sure a couple of things. One, there is major safety issues right there. Some things just don't meet when we intend them to when we are building things. I can see it. These hills and these blind spots when -- when -- when Ms. -- just said that someone's going to get hit. I hate to say that, but I feel like that's absolutely imminent and I know that may not have anything to do with this -- this development of Centerville, but at some point we start stacking things onto each other and it starts to become a little bit scarier than it is today and so I want to -- I really want to point that out and when -- when someone talks about looking at it -- if you have time, if you haven't already, you should look at this -- this area, this little square of area where this proposed site is and where things are happening right now and I don't think it will take you but a second or two of looking at this to go, wow, this is -- this is a mess right here and I don't know what's going to fix it, but I'm also in line with, you know, waiting a little -- put this -- table this if we can until we can catch up. I don't want that necessarily to happen. I don't want to see my house value go up any higher than it is today, because I feel like that's probably what's going to happen if you stop building houses in Meridian. However, I think that we really do need to look a little further and work a little harder at getting that infrastructure and something for our children. My kids were told they couldn't go there. I moved two blocks closer to get them back in there and now I have given up all hope on -- on the public school system for the interim time. However, you can't go to that school and you live down the street from it. I could throw a rock at it at one point and my kids couldn't go to the school and when she -- and when Amy Johnson said what she said, I don't doubt that at all. There is some approved stuff going on there, which makes sense. We are growing. But let's pull the money out of the state's coffers. Let's do whatever. This is one of the best growing cities in the whole dang country. Why do we got to sit around and figure it all out? The governor's on there talking about how we got Page 35 Meridian City Council Item#1. January 4,2022 Page 33 of 69 pocket loads of it. Well, let's build some schools over in Meridian and do something about it. But that's all I wanted to say. I appreciate you all. Simison: Thank you. We have made those suggestions, just so you are aware. Bernt: Hey, brother, you have a great beard, by the way. I like that beard. Simison: Jealousy. Bernt: Jealousy. McDowell: Mayor and Council, I'm Elizabeth McDowell. I live at 3839 East Fratello Street in Meridian. I live in the Shelburne Subdivision. The house that's right behind the field that will be the middle school one day if we get the money. I appreciate all of you and the responsibility that's on your shoulders. I understand so much the decisions that you have to make to plan and make the city the wonderful city that it is going to be and is. It's a huge responsibility and I know that it is incumbent upon all of you to -- as you promise everybody that is coming to this city -- because they are coming. They are coming to Idaho. They are coming to Meridian and they love it here for a good reason and it is incumbent upon you to make the decisions that you make to provide the resources for everybody that's coming. You make that promise as a Council. And when people come here they have it in their head that all of the resources are going to be there and they trust you with that responsibility and I admire Becky for all of the changes that she made to her plan, for bringing the density down as much as she did. That was huge. That -- I just give her huge kudos for that. I did not expect that and so that was a really really big change that she made. I think it is a good plan. I don't think it's the right time. I know you are going to hear this from everybody and you already have. I was shocked at the last meeting when Amy Johnson, the first, got up and talked about those school numbers. The already approved permits are bringing thousands of students to schools that don't exist and I think that's terrifying and I know that you guys already feel that, but I think it is time to put a pause. I don't -- I don't know how we do this, but the only thing I can think of is that I know that there is a developer who personally profited a hundred million dollars in one year and there are no schools. Those two things are so divergent they --there has got to be somewhere to meet in the middle and if the media can get ahold of that number and let Idaho know that, there will be an uprising and if there is a way to get that developer to -- if people find that out, oh, my gosh, I better donate some schools -- if he can develop -- if they can -- if a developer can donate small parcels, they are going to donate the smallest parcel they can, so we get elementary parcels donated on some of their subdivisions, why can't they donate a giant parcel for a middle school or an even bigger parcel for a high school? We know south Meridian -- Mountain View High School has 200 too many high school students right now and 3,100 new ones coming already, according to Amy Johnson last month. Those may have changed from the last letter. I didn't read the letter. Fifteen hundred new middle school students coming from the already permitted. Fourteen hundred new elementary school. This is not just district wide, as I understood it it was just those three schools Hillsdale, Lake Hazel, Mountain View. Fourteen hundred, fifteen hundred, 3,100 new students to those three schools. If a Page 36 Meridian City Council Item#1. January 4,2022 Page 34—69 developer can make a hundred million dollars in a year and we can have no schools, can he donate one of each of those schools or something to get us closer to having a school in that area? How can we get that information out to the people of Idaho that that's got to happen really soon, because those people are coming. Like those are permits are done. How do we make that happen? I don't know. Somebody get the information out. That's all I have. Simison: Thank you. Council, any questions? Thanks. Phillips: James Phillips. 4140 East Rockhampton Street, Meridian, Idaho. Just south of the proposed Centerville plan. I didn't prepare anything this time, but I did -- wanted to hear what was said and a couple different thoughts along the way. One on the macro level and the other on the micro. On the macro -- and, Joe, you can correct me if I misheard, but 4,176 single family approved south Meridian. One thousand two hundred twenty-four multi-family approved in south Meridian and if I heard it right, two-thirds yet to have building permits pulled on the single -- single family and 90 percent of the multi- family yet to have building permits. So -- so, when we talk about pause, we are not pausing, we are -- we are letting things catch up a bit and so we can get more definitive answers on things. Help clear the fog on some of the unknowns. So, on a macro level I appreciate some of the creative solutions. Ticketing system. I think that's a good idea. We need more brainstorming ideas sitting together with city, sitting together with the agencies in those brainstorm working sessions around this problem to solve these. Come up with good ideas around these problems and I appreciate the -- what I saw, a cognitive shift in the Council last time when they realized what's at hand here and it's good to see it carry over this time as well. It's obvious that the Council takes this responsibility seriously. And, then, on the more macro side, on the ACHD it was mentioned already about Amity, but there is real concern on Hillsdale Avenue as -- and when I called and talked to ACHD, there is absolutely no plans to even touch that road and it needs to be addressed if you really want to accommodate the traffic that would be going into that Centerville. And, then, more -- another thing on the micro side, the current plan does check a lot of the boxes and if I were to highlight all the different things on that plan that is right, it will be -- beautiful colors. It will be litten up. But there are some boxes still that are left unchecked, because we didn't have a chance in P&Z to walk through those more detailed things. They saw the first plan, which even the applicant herself said it was probably inappropriate to propose and, then, we got the second plan. Really that second plan should have been the first, so we had the opportunity to sit with P&Z and talk through the more detailed nuance on those. So, in -- in closing those are my thoughts on the -- both the macro and the micro. Time is on our side and we can solve this problem working together. Thanks. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 37 Meridian City Council Item#1. January 4,2022 Page 35 of 69 Cavener: Mr. Phillips, thanks for -- for coming back. I -- I appreciate the letter that you sent us today and, honestly, I found your testimony last time very compelling. You had a piece in your letter, though, that I kind of zeroed in on. I appreciate you being here so we could maybe talk about it. You -- you listed top kind of concerns from south Meridian residents. I live in south Meridian, so I'm always interested what folks in south Meridian think and the fifth bullet is the one I want to get some insight from you on it. It says the -- the overall unwillingness and inability for Meridian to check development and provide sustainable and balanced growth via the economic development impact fees. Help me understand what you meant by that. Phillips: Yeah. So, part of it -- actually, I appreciate Becky talking with West Ada about some of the -- you know, West Ada willing to accept donations and money and funds from developers. What I'm seeing is -- and even in the guarded conversations that you have here as a Council, you have to turn to Legal, for example, when asking about being able to levy fees. There is hesitancy from the Mayor as well, I believe, right, around what kind of fees we can propose. Like there is a lot of guarded conversations around what you can actually say and do on the Council because of litigation, because of other things, property rights, that -- that area at play and so there is real issues that I feel like can't be talked about in this forum in an open way for fear of litigation and -- and so that's part of it. The other part of it is it's a hard problem, because it's more than just the city, it goes up to the state level as well and that's where it gets more complex. You have to have the same fire that we -- and -- and excitement that we have around this specific -- specific plan has to make it all the way up to the state, but that's not going to happen very easily in isolated incidents like this. Simison: Councilman Cavener, did you want Mr. Nary to reply for you? Cavener: No, I'm good. I -- Simison: I'm kidding. I'm just trying to bring a little -- Cavener: I appreciate the levity, Mr. Mayor. Mr. Phillips, I appreciate kind of that further explanation. You have heard Council kind of talk either around or directly in many cases about some of the things that we as a Council have been contemplating and as somebody who has been really involved in this issue are there things that -- from your perspective you think that we are missing that we are not talking about that is important to you and important to your -- your neighbors? Phillips: More of my own curiosity. This is part of my e-mail as things take some time to -- I know that was super late. I was busy wrapping up stuff at work and I had to shoot it late. But somehow Meridian came to have that City of Meridian vision and in that also with that is a growth strategy and part of that growth strategy indicated specific areas within Meridian to target to help grow. South Meridian was one of those areas. My question -- what was the mechanism in place to arrive to that conclusion? Can we just leverage that same mechanism to say, hey, we have another strategy now that we have public input on south Meridian? Can't we just leverage that same strategy to change like Page 38 Meridian City Council Item#1. January 4,2022 Page——69 -- and adjust with it? I just don't understand -- I -- part of it's that I'm -- I'm new to this process, so I'm learning along the way -- is that can't we just leverage the same mechanisms to, then, change our strategy based off of the reality of the land -- the playing field? Simison: Councilman Cavener, can I -- would you mind if I answered that, since this is kind of my area that -- Cavener: Mr. Mayor, I wasn't going to pivot directly to you, but I'm so glad that you offered to do that, because I -- I think that you are the best qualified person. Simison: Yeah. It was chosen because that's where development was already occurring. Phillips: Huh. Simison: So, it was really more about trying to get the government agencies to deploy our resources to those areas, because that's where development was occurring, whether -- and it wasn't anything that we were doing about it. They were naturally -- development is driven by sewer. Again that's what decides where development goes more than anything else. And so it was a conscious effort to try to talk about it with ACHD, with the school district, with the library district to get us all to put our resources into those areas, rather than us putting a park over here and the library putting one over there and ACHD building roads over here, that's really what it was. Phillips: So, ring fencing or constraining that problem to a specific region is a really smart move in that it-- it limits all the inputs you have to like manage in your mind to understand how to solve. So, I think that's -- that's an appropriate thing to do. But we can leverage out yet again based off of what we are seeing in this specific area of south Meridian. We can be strategic in our approach to how we ring fence development again. Simison: Councilman Cavener, did you have any -- Cavener: Mr. Mayor, I just -- I think it's -- maybe circling back on the previous point. I -- I think the reason that why Council -- at least myself is somewhat reluctant to talk about specific fees is that we -- we don't have the ability to -- to levy an impact fee for schools. I wish we could. I continue to advocate for it. Appreciate hearing a lot of supportive voices for that on the Council and here. If we can't do impact fees I'm open to figuring out what those other solutions are, whether they are a special assessment or whether they are a -- in a development agreement, something so that growth -- we talk about Meridian about growth paying for growth and we do a great job of doing that for our Parks, for our Fire Department, for our Police Department, for our sewers and even to a degree for streets and roads. We don't have that mechanism for schools and I think that's the crux of the issue is until we are given that authority we are looking at other creative solutions and I think that anytime a creative solution is proposed naturally someone says, well, talk to me more about that. Well, we have got to get some agreement as a body about what we want to do and how we want to move forward and so I think that's where some of that Page 39 Meridian City Council Item#1. January 4,2022 Page— —69 tiptoeing around is. I think there is a lot of support for solving this problem, we just don't quite know what that mousetrap looks like. Phillips: And just to confirm, it sounds like that needs to happen at the statutory level. The state level. Cavener: Correct. Phillips: Yeah. Cavener: If we could we would have addressed this years ago. Perreault: Mr. Mayor? Simison: Your -- your legislative races matter. Council Woman Perreault. Perreault: Thank you very much. Just -- you know, it's really -- it's really common for us to talk about the challenges that we have going on in this area and I -- I'm hearing all of you. I understand. I'm -- I'm completely -- what's the -- empathizing with -- with what is happening in this area and the concerns that are there and I would -- I appreciate that you all are here and sharing those. Just kind of on a positive note, the city is doing -- one of the benefits of us focusing on a priority growth area is that we are bringing things to those areas that are really great. We do have a new fire station coming in in that location. We have the biggest city park in the whole City of Meridian coming in with the second phase getting ready to start this year. So, there are -- for the city's part, for water, sewer, parks, fire stations, police stations, we are very proactively, both in planning and financially, bringing resources to the southeast Meridian area. For what the city has control over we are really proactively bringing what we can. So, I just wanted to point that out, because, you know, we -- we are doing our best to work with West Ada and the -- and the government entities that we don't have control over, we are coordinating with them on a daily basis. We do have a full-time staff person here at the City of Meridian that just works with West Ada and ACHD. That's all she does. And so we have put our resources as a city towards trying to solve these issues as best and as fast as we possibly can. I just wanted to share that with you. Phillips: I appreciate that. In terms of brainstorming around this problem of schools and not having the source of funding for it, Googling around there is other municipalities that solve this problem in other ways with private-public partnerships, with satellite classrooms as well. I don't know if you guys had an opportunity to look through that or double click on that, but that's another opportunity. I had a chance to talk to a developer around this idea. Didn't seem to have too much excitement for it, but there -- there might be other private entities that would be more excited around that opportunity. Simison: Council, any additional questions? All right. Thank you. Phillips: Thank you. Page 40 Meridian City Council Item#1. January 4,2022 Page——69 Simison: Is there anybody else that would like to provide testimony on this item? Okay. Becky, would you like come and close? Yeah. Thank you. She will be quick. She will be on her feet lightly. McKay: Talk as fast as I can. Just move slow. Thank you, Mr. Mayor, Members of the Council. Becky McKay. I guess I -- I did want to address the -- the one comment that was made about my meeting with the West Ada School District. That wasn't just the only meeting that was with West Ada School District. They did meet, the same group, with the City of Meridian. Miranda was there. Joseph. Bill Parsons. Sonya. So, the -- the same information that was provided to me at the lunch meeting was provided to your staff and so it's -- it's not like I'm twisting or turning or trying to deviate from -- spin my interpretation of what was told to me. It -- it was also expressed to the City of Meridian. I have been doing this a long, long time -- maybe too long. Some days I think why, but -- but I do love -- I do love what I do and -- and I think my work -- oh, thank you. I think my work reflects that, that I take pride in what I do. I take pride in seeing Meridian when I started with -- they had 9,000 residents and Meridian has been on the hot seat since I started in the private sector in 1992. I mean they -- it's -- every council, every mayor has struggled. With the school -- West Ada School District, when I first started I dealt with Chuck Lee. Then I dealt with Dan Mabe. Then I dealt with Jim Carberry. Wendell Bigham. Dr. Gestrin. Joe Yochum. And now Jonathan Gillen and Marcy Horner. So, I have been there and they have expressed their -- their needs, their weaknesses, and I would just like to go on record with the Council, because -- I mean everyone thinks that, you know, you are just out there trying to -- trying to slam as many units as you can and you are not thinking about the bigger picture of the community. I -- I planned Mountain View High School as part of my Millennium commercial subdivision. We got the utilities there. We built the collector. We got the signal. We worked with West Ada. My client Gary Voigt. I did Heritage Middle School with Ventana Subdivision. We pulled a 16 inch water line. We pulled the sewer line. They wouldn't sell to the school district unless they could sell the rest of the property to a developer at a very high price. I got a developer to step up. The school district, then, bought it from my developer at cost. I did Victory Middle School site when we did Bear Creek West, which turned into Fall Creek. My client put up all the money for the utilities and, then, had to -- due to the recession forfeit his bond for 365,000 dollars, which went to West Ada. And, then, when Coleman Homes bought it they put all the utilities in at their cost. So, it was a benefit to the school district. I did Hunter Elementary with Bridgetower Crossing. I did -- did Prospect Elementary with Havasu Creek. I did Spaulding Elementary with Edgeview Estates. And, then, Pleasant View Elementary was originally part of Volterra and Kego Springs where we both put property together. They traded some property and moved it up into Bainbridge. And, then, I did a site for Boise School District. That was the first site I ever did. And I always -- I always thought that, you know, whatever I can do to help the community at large, whether it be parks, whether it be schools, I'm there and I always convince and work with my developers to, you know, get these sites donated, sell them at cost, incorporate whatever we can, make improvements, install lights. Statements were made about, well, you know, the -- the -- the new charter school is not going to have any impact. I read through their whole document that was sent over to me and they do have an attendance area and it's -- it's clearly defined. They plan on, you know, handling 500 and some kids over a five Page 41 Meridian City Council Item#1. January 4,2022 Page——69 year period. They are going to come online in the fall of 2022. By the time, you know, we start generating kids they are going to be there probably two years. Our communities have kind of changed as far as education. My engineer, for example, her daughter and her-- her -- her-- his -- her husband live at Paramount. They -- they have five kids. The three kids that are in school they drive to North Star charter at Linderjust north of Highway 44 in Eagle. My other engineer he lives in the Boise School District. He drives his daughter to Eagle Arts Academy every morning. So, we are seeing kind of a shift in how education takes place and I think the school district is trying to get a handle and -- and they did express that to me at their meeting that they are trying to get a handle on, you know, what is education going to look like in five years. We have seen big changes. We have seen influx and one of the things that was brought to my attention at that meeting that I wanted to express to the Council is West Ada said in the past we get a -- we get a child at kindergarten and we could anticipate that we would have that kid for 13 years and that child would pay for itself. With the influx from other states, they said we are seeing kids that are juniors or sophomores in high school or even a senior, which they said used to be unheard of. They are coming into the district. They are costing a lot of money and since they are coming in at the end of their education we are losing out and it's costing us money. So, they are grappling with some changes in our social structure and our community structure. So, whatever we can do as a development community and as a Council in encouraging our state legislature to step up and help us I think is absolutely integral, because we are not going to quit growing, the pressure will be there and you have a lovely community and all the councils before you and the mayors before you have had to deal with these same issues and -- and if we can deal with it as a group and work with -- with everyone together to solve the problems, but to just say, you know, we spent all this money on infrastructure and parks and fire stations and now we are just going to say -- we are dropping the hammer, no more south Meridian developments period. I just don't think that that's the best interest in the community or will get us anywhere as far as trying to make progress. This is a good project. This is a project I have worked on since 2019 and we took our time working on this and -- and it's not like it was a rush job and some of the neighbors said, you know, gosh, this thing's gone on forever. I agree. It's gone on forever. But, you know, when you have a good project it's worth the struggle. It's worth the pains and it's worth trying to come up with something that works and I guess I ask the Council to -- to consider that and look at, you know, the big picture and not just focusing on -- on this one project. Am I -- is this one project going to crash the whole system? The answer is no. You have got projects out there that are five, seven, 12 year projects depending on their size. Bridgetower I started in 2002 -- 2000 and it took about 15 to 18 years. The commercial is still ongoing. So, it's still ongoing and we thought -- we projected it would be possibly a 20 year project and I think it -- that's probably about where it's going to be. You know, you have got stuff coming -- coming down the pike. I got a copy of a December 3rd letter on Apex East. You know, it indicates they are going to Mary McPherson, which does have capacity. Six hundred and seventy-five. Enrollment 449. And, you know, I look at my letter and Mary McPherson I think is an overflow school. We also have Christine Donnell and Spaulding Elementary as choice schools. Some of those choice schools are a lottery. That is correct. But the charter schools, you know, you have opportunity to get your kids in there. So, I think the more choices we can give our families the better off we are going to be. I'm willing to do whatever the Council tells Page 42 Meridian City Council Item#1. January 4,2022 Page 40—69 me that they -- they believe is the right thing to do and I have always been of that opinion I'm not going to come up here and -- and -- and try to force the Council to make a decision one way or the other. So, I stand for questions and I still believe in my project, that it's a good addition to this neighborhood. Thank you. Simison: Thank you, Becky. Council, questions? Okay. I just saw you were on green, so that's why I was -- no. You're good. You're good. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think it's probably a good idea to not necessarily close the public hearing and maybe give the Council some time to discuss and, then, maybe close the public hearing if needed. I'm happy to start. One of the things I really like about Becky McKay is that you are solution oriented. You know, it's like the old Vanilla Ice song, give me a problem, yo, you will solve it and I -- I think that if -- if there was a way to have you solve some of the problems that we are facing tonight I believe you would have that solution to us and I -- and I really applaud that. One of the things that I took away that kind of surprised me from tonight's testimony, because I didn't think I heard anybody who said deny this project, which we hear a lot of. What we heard a lot of was, no, no, no, no, Meridian needs to figure some of this stuff out and continue it until you figure it out and that weighed on me. I -- I voiced my concern about why I like the project, just there is challenges that you can't overcome. If we had an application and we couldn't get fire service to it, it would be a pretty quick answer. We can't support this development, because we can't support it from the -- from the fire perspective. Well, I look at schools as our infrastructure as well and you did I think a masterful job of talking about elementary schools, but we have got a big issue with high schools in south Meridian as well and while I was very fortunate my dad worked a ton of overtime to send me to a private high school, I went to West Ada for elementary and middle school and I have benefited from both of them. It's a very very small piece of a very very large pie and I don't think that charters and private schools is going to solve this. Maybe it would have solved it for us ten years ago, I just don't think it solves it for us today. I'm supportive if we want to continue this project. I -- I agree with Council Member Strader that I -- I wish we would have been able to have a joint meeting with West Ada before tonight. I think that would have given us a little bit more confidence in saying, yeah, there is a pathway for development in south Meridian or, no, there is not. I look at last year when -- when West Ada redid their boundaries and that was kind of the breaking case of emergency move and they readjusted boundaries and I understand the district has still a little bit of space to take students, but not when you factor in what we have got coming. So, until we have the better mousetrap to tackle students -- I mean I'm not one that says that we are not going to look at development in south Meridian or anywhere in Meridian, I just think that it's going to have to be really selective and the impact on the schools has got to be real real minimal. So, I'm not in favor of the project tonight, even though I love so much about it. I think it's just -- for me it's a matter of are we moving towards denial or are we moving towards a continuance at least for me. Page 43 Meridian City Council Item#1. January 4,2022 Page 41 —69 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. And I would like to speak to that -- that point about the decision. I think when we heard this the first time there was that ah-ha moment and where are we with schools and what's the impact to -- to our community by approving developments and capacity and all those questions and I know, Mr. Mayor, you are working with the school district to schedule that meeting and have a work session with Council and we are going to -- we are going to have that in fairly short order and -- Simison: If I could just real quick on that. We are having a conversation with their staff. If we want to have a conversation with the new -- the trustees, we are probably three -- I mean they have got their own issues they got to address. I don't know that this is going to be their first issue that they are ready to tackle. So, I would at least say give them time to get on board. They -- they are not even sworn in yet from that standpoint for 2/5th of their board. So, this conversation was probably -- I would say the March time frame is what we were thinking -- the larger what's our plan. There is a difference, though, between talking about the individual information we are receiving from the school district. Hoaglun: And thank you for that clarification, Mr. Mayor, because that kind of fits to -- to my point is that we have had developers that have projects in the pipeline and we have put -- kick some cans down the road saying, well, let's defer, let's wait, let's wait. You know that there is enormous cost into that and -- and to me -- there is a lot of years that go into a project to -- to develop it before you get to this point and to me it would be very very unfair to all these applicants that are now before Planning and Zoning and coming before Council and those that we have deferred, that we put them off even further -- I think if we are going to make that decision to pause --to hit the pause button -- and I don't know if the Council will do that or not, but to -- if-- to fully consider that I think, in fairness, we need to act on these developments that are before us, like this one tonight, on the merits of what we have been deciding all of our projects up and to this point and, then, we go look out into the future and say this is when we are going to press that pause button, if that's what we do, and we are only going to consider and tell folks, hey, look if it's commercial, if it's office, if it's industrial, we will listen to you, but if it's going to be residential we are not going to hear that. I don't think we can say tonight definitively, no, we are done. That to me is pulling the rug out from under people in a way that -- that I think damages our credibility as a Council and -- and I know folks would love to have us pause and delay and whatnot, but -- and that may happen, but for me not -- not -- not for this -- this project. We also can't assume that all the projects will become online that we approve right away and we know that. We have got one that just now built houses -- Becky McKay laid out the timeline for -- for Bridgetower and right at the corner of Ustick and Linder-- I think it was Stubblefield who had owned this property and it has taken over ten years -- I don't know, it might be 15 years. That thing had the streets in, sidewalks in, and there it sat. I had no idea why. I mean the market went up, it went down, and it went back up again and finally -- and I don't know if they sold it to somebody else to develop or what, but we don't control that process and that gets me to another point and that is Page 44 Meridian City Council Item#1. January 4,2022 Page 42—69 that I trust the market to a major degree to determine what's going to happen out there. I mean if a developer comes in and they are -- they are going to develop this property and they put in the infrastructure and the streets are there and all of a sudden there is a recession, they don't build. Hey, you know, some of them have been through that. They know what's coming. But the same thing occurs -- if there is not a school -- if schools are a major point and they know that people with kids aren't going to move here because that school is full, they know that they have got a product that won't sell, they are not going to build it. I mean that's just how economics work. If they are paying attention to what's going on they are -- they are going to have houses they build that sit empty, because families won't will move there. So, maybe seniors would buy them, but -- but if parents are okay with busing -- I know there were some comments about, oh, there is liability. People know and most of the realtors I know will make sure they are aware where their kids are going to go to school, what the situation is and if you are a good parent you are going to ask, you are going to find out and make sure you know and -- and if they are -- they are okay with busing, then, they will buy it and -- but, again, that's the marketplace, making that determination and I'm a believer in that. In fact, I was a -- we follow that principle. When our kids were growing up in Meridian and going to Linder Elementary, now it's Christine -- no. Barbara Morgan. Yeah. So, they were in portables and not a great learning environment, but we made do until we passed the bond and we got some more schools built and they were beneficiaries of Chaparral. Year round school. Even a sixth grade option at that time. That was great. Well, our son goes -- ready to go to middle school and we happen to be on the north side of Ustick Road and Meridian Middle Schools is two miles away. They said, well, we are re-adjusting the boundaries. Okay. Re-adjusting the boundaries. So, what does that mean? Not going to go to Meridian Middle School. Well, that's too bad, because that's where all his friends are going and where we --where we live and I thought, well, maybe they will go to Lowell -- Lowell Scott, which that's all right. I went to Lowell Scott when it was a brand new school. Brand new out there in the sticks. Two lane highway. Across from Norm's Bar. They thought -- Norm's Bar. We were going to be corrupted by Norm's Bar. But, anyway, didn't work, but -- no. What they decided to do was the fact that, hey, if you are on the north side of Ustick Road you are going to go to this new school called Eagle Middle School on Floating Feather, eight miles away, when I had two miles, four miles, eight miles. So, the market kind of took over in my mind -- it's like that's not accepted from us. That's not our community. That's not -- not a bad school. Nothing against Eagle. But why would we want to do that. The option for us and for our oldest son was, then, private school. I mean that's -- that's how we made the decision. So, people make those choices, where they live -- and on that one that was forced upon me. It wasn't where I chose to live, I was already living there and they came and said, oh, this is what we are going to do and I made a decision based on that. So, those are things that -- I think if we move forward on things that we allow that market force to take place and let people decide what they want to do and if they don't want to live there because their kids can't go to school there, there is going to be other opportunities somewhere else, because we are a growing community. There -- there were some questions about, you know, making sure our partners know and how do we plan this and whatnot. We have a Comprehensive Plan, a very robust Comprehensive Plan, and our-- our planning staff worked very hard and they did so in I think end of 2019 to finalize that and that involves the community and listening Page 45 Meridian City Council Item#1. January 4,2022 Page"—69 sessions are held and discussions are held and a lot goes on and the thing that I like about the process is we make sure our partners are involved. So, the Mayor talked about that, whether it's the highway district or school district and others because we want them to know what we are planning to do. So, they have all the signals. It's not like, surprise, we are doing this. They know well in advance where our priority growths are. This is where we are putting our money. We don't have all the money in the world to do everything we think needs to be done right now, so we are going to prioritize that and that's where the parks go as talked about -- I think Council Woman Perreault had mentioned that. That's where we put our parks, our fire station, our police stations, those types of things, so -- and south Meridian is a priority growth area for that and so we have -- and I think, Tom Daley, you asked about this, you know, the zoning and whatnot. So, in that area, for example, our future land use map identified this as mixed use neighborhood with medium density and that's what we are doing here. So, it's one of those things that we really do try to follow what we planned and move forward with that and so it's not a surprise to us, it's not a surprise to neighbors that, oh, you are doing what? Now, sometimes rezones will -- will change some things and we get those requests, but they are noticed and people weigh in, but our future land use map on this identified that area and what we wanted to do and how traffic is going to be handled with -- with a light and making that better and turn lanes. There are issues out there I wish we could fix. It sounds like there are some serious safety issues and maybe, Mr. Mayor, with Community Development Block funds and some things like that, when we have safe access to school funding available, we take a look at that area and see if there is something that might be -- might be available in the next -- in the next round of funding to help out with that. But I just think that we have to decide tonight on -- on moving forward or not based on what we do for our community, our -- is this our priority growth area? It is. Is in-fill a priority? It is. Is it mixed use? Does it meet the requirements of our plan? It does. Has it reduced -- are the densities reduced? There is concerns. Yes. All these things come together and I think down the road we may come to that point of deciding what to do about schools and that issue, but to me we go out and we pick that point in the future, if that's what we decide to do, and I don't know what we will -- if we will, but that is at that point starting from then, not -- not tonight and impacting everybody unaware and just surprise them with -- with -- with a decision like that. So, that's -- that's my two cents. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think I made most of my comments and feel pretty consistent with my previous comments. I -- I guess I am sympathetic with the concern of, you know, kind of changing the rules of the game, if you will. I get that. That's a serious concern. But this is not a new problem and we have seen this problem coming and if not now when. We have a developer before us that seems willing to pay some sort of a special assessment -- a voluntary assessment. We could work that out. I would think that's in West Ada's best interest to work that out -- feel that out. You know, 4,000 even just single family approved -- out of those 33 percent are permitted. Even if we assume those don't deliver in the Page 46 Meridian City Council Item#1. January 4,2022 Page 44—69 next year, if we assume they deliver in the next two years those are building permits that have been pulled. That's a significant addition to this area and so we already have this huge pipeline of students coming. This is not a new problem and I love talking about, hey, let's -- let's all work together, let's work with our agencies, let's work with the legislature -- I can only control my vote tonight and what we could do from here. I believe that some type of a fee is possible. Mr. Nary didn't say it was illegal if it's a voluntary fee. I would like to explore that and I think we should have a joint meeting with the West Ada School District and I don't feel that it would be responsible to continue approving developments with this acute of a problem facing us. It's very clear that it's a huge problem and I -- I understand that in the past we have had a lot of pain and, then, we built schools, but, you know, there is absolutely no visibility as to a path forward at this point. I -- I think it's time to take a pause in this area and I love our priority growth area's framework. I think it's great. Part of when that priority growth area's framework was presented included fire, it included schools. That was a specific part of our discussion and maybe we need to update our priorities based on where we are at with the schools. That is a fluid framework. I don't see why that framework is set in stone. Our priorities can shift a little bit here and, yeah, so I mean that's where I'm at. I -- best case for me is a continuance for however many months it takes and, if not, I would be in denial tonight. That's it for me. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Excuse me. I'm sorry, my voice is really bad tonight. I -- I'm in agreement with my fellow Council Members Cavener and Strader about waiting until we have some conversations with the district and we have -- in the -- in the five years I have been helping the city make these decisions we have been asking the district for specifics. We have asked. We have asked. We have asked. We have asked. It's gotten better, that we are getting more specific information than we were, but it's not enough information to make these detailed decisions and I'm not saying this -- and let me be clear. I'm not saying that the district is withholding information that they have from us. That's not what's happening. But the district is also struggling trying to get a handle on the -- the vast growth, the -- the expansive quick growth that they are experiencing. So, this -- this is two agencies that are adjusting as -- as fast as we possibly can and the district has said in their letter on this application that there might be some possible solutions, most of which are short term. There is not a bond out there currently. But I would like to see the district and the city have very specific conversation about what possible solutions there are for this specific sub area and what the district has done to make consideration for these three schools. If we can't accomplish that in a meeting with the district in whatever time frame is doable, as the Mayor mentioned, I don't see the point in waiting to make the decision and I know we don't know whether the district can give us that specific information, but they have gotten specific enough to say if there is a problem we will help try to solve it. That's the -- they have clearly said that. That's what they communicated to the applicant that, you know, the city can make the city's decision and when there is an application that's approved that we have got to figure it out. That's just basically what they are saying Page 47 Meridian City Council Item#1. January 4,2022 Page——69 and -- and we kind of look at it like, okay, that sounds great, but that's going to become a bigger problem down the road and it's the circular issue -- there is a chicken and egg issue that goes on with these -- with these land use applications and the schools and, then, the schools and land use applications and -- and here we go. So, my expectation if we wait to have a meeting with the district, which is what I would prefer to do, is that we -- we have a clear solution when we come out of that meeting as to what we are going to do for these three specific schools in terms of how much more capacity can be created by the four different bullet points that they put in the letter they provided on this application. That's my thoughts on that. It is time to get specific. I know the school -- here is the thing. During COVID school numbers -- enrollment numbers were all over the place. It was almost impossible for the school to get a handle on that and I don't blame them for that. I do not blame the district for that. That was completely out of their control. At the same time that the students are leaving the school because they are homeschooling or they are -- you know, they are joining remotely, the City of Meridian is getting more applications than we have ever had. So, while we are getting this massive amount of requests for -- for decisions and information and -- and growth, the schools are having the opposite problem and -- and we are all trying to get on the same page. So, just -- just to be clear to the public that they haven't had good data for three years and they are getting it, we are slowly getting back to normalcy in terms of our enrollment numbers, but we have had an insane amount of applications come to us in the last two, going on three years and the school hasn't had regular data for us to make those decisions -- to base those decisions on. So, yeah, it is time to have a reassessment of where we are at now that we are starting to see some more normal numbers with enrollment and now maybe we have a better understanding of potentially where -- where there might be some solutions. Simison: So, just to help frame the conversation per Council a little bit, the reality is if we have a joint meeting with the school district and they say we are going to run a bond, you are not going to know the outcome of that bond for one month, six months, a year. If they say we are going to redo the boundary areas for this area, you are not going to know the outcome of that for one month, six months, a year. So, if you are looking for a solution from West Ada to -- a known solution from West Ada for these issues, you are probably a year to two years minimum before you would know a specific solution for this specific 40 acres. So, I say that not in terms to tell you what to do, but a three month continuance only gets you to the meeting, not to -- you are not going to get an answer from them on how they are going to adjust this, unless they are going to say we are going to come and starting tomorrow we are going to redo the boundaries and that's not going to happen, because they have a process, they have a committee, you are not going to have a solution. So,just food for thought for whatever you think about, whether it's a continuance or otherwise. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I couldn't agree with you more. I mean I have sat in these meetings and with no disrespect to West Ada or any of our other regional partners, solutions don't come in one Page 48 Meridian City Council Item#1. January 4,2022 Page——69 meeting, unfortunately. They come in multiple meanings and multiple months and sometimes years and I think that's the way that government works, honestly. I mean we want to make policy that -- that is sound, that is prudent, that is -- you know, that's in the best interest of the city. That's how we operate. That's how we have always operated and that's how we will continue to operate and I -- there is no way that there is going to be a solution in -- when we meet with West Ada in -- in discussions with -- and the good discussions and the great dialogue that's happening between Miranda and Marcy at West Ada and I appreciate that discussion. I appreciate that dialogue. I'm with -- I'm with Brad tonight. You know, sometimes you just got to take the bull by the horns and make a decision. It's just really that simple. I mean we can kick this can down the road a thousand different times and, you know, it -- this is a macro issue that we are talking about. This is -- this is not just related to this project and I think we owe it to Becky and we owe it to the developer and those who are -- have interest in that property to make a decision tonight. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Appreciate yours and Council Member Bernt's comments. Agree, I don't think that this is a solution that gets solved in the next few weeks or months, except for a couple of different paths. If West Ada were able to derive a financial number to help offset the impact of the students to the district that may be something worthy of consideration, 90 days, 120 days from now. In addition, as we heard from Becky tonight, it sounds like West Ada's being very active in support with our development community on getting some legislation passed that would potentially give cities or school districts the opportunity or the ability to collect an impact fee to offset the impact of student growth. We could have those answers at least about where that's headed 90 days from now, 120 days from now. I agree I think with --with both Council Member Hoaglun and Bernt, we have got a backlog of continued applications and it's -- it's a -- it's why I have already got this haircut and if I didn't I would have it, because we -- we have got a lot of applications that we have been continuing and it's unfair to the community, it's unfair to the applicants, it's unfair to us. Bernt: What about the gray? Cavener: Well, I can't speak -- that's my wife and my two kids that cause the gray. But I think that if-- if there is an opportunity to at least have a pathway where this Council could feel comfortable moving forward I think that we owe it to ourselves to at least explore that solution. So, I agree we are not going to have it answered by June. If we do I will buy Hungary Onion cheeseburgers for everybody, but I don't think we are going to have that. But I think we may have a pathway to be -- for us to be able to get there. So, I am supportive of the continuance, but if -- if this body wants to move forward with a decision tonight I'm happy to -- to bring a vote for that as well. Simison: And just to my two cents on the -- what I will call a voluntary impact fee. It -- hey, it's a great concept if people want to do it. To meet the needs you only need about 130 million dollars of voluntary impact fees and you don't have enough projects in the Page 49 Meridian City Council Item#1. January 4,2022 Page— of 69 pipeline to collect that to build the schools absent a bond or other things. So, it may feel good, but it's not going to build a school. It's not -- not the three schools, not the high school, which is 70 million; the middle school, which is 40 million; the elementary, which is 20. It feels good. It doesn't solve the problem with this or everything else that's already been approved and you don't have enough in the pipeline to condition them through a voluntary payment, in my opinion, to get there without West Ada taking additional action personally. I don't think you can generate that much dollars. Bernt: Mr. Mayor? Simison: Just my two cents. Councilman Bernt. Bernt: I agree -- and I agree wholeheartedly with Council Member Cavener. I mean it's a discussion that needs to happen. It's a discussion that multiple municipalities and governments have been wanting to have and we lobbied our legislators that have the discussion and, you know, we will continue to do so. I don't -- I think most developers -- I think most people would be in favor of an impact fee of some type. I think -- I don't think there is any-- any disagreement with that. So, I agree with Mr. Cavener. I just don't know if it's -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: One of the things that I see about putting the pressure on them having to make decisions, because we -- I have heard the word pathway. We need a pathway. What is the clear solution that they need to come up with. We have not identified any defined outcomes for them -- for us to reach a -- reach a definitive answer down the road. We are just saying we need a solution. What does that look like? We don't know. We don't know. I don't think they know. What -- is bond and build the way that they have been going and have been for quite a while, is that still the solution? Is it -- I have heard of one solution floated out there. Is it time for West Ada, as big as it is, to be broken up into smaller parts? Is it -- is it still feasible as -- as it's created right now? Those are ideas, options -- it's not something -- you know, media, I'm not advocating these things, they are just--these are options that could be explored. Should they be leasing commercial space that sits vacant for schools and they get a good deal from the developer, because they want some revenue from there, but the way commercial is going in some markets is that an option? Are they going to explore that? What are the defined outcomes that creates a solution? And I -- to me it -- it's putting pressure on them to say you have to come up with a solution. That is your responsibility. You are elected to do that job, not us. Yes, we want to be good partners, but at the same time we have our responsibilities and so if -- if a motion is made to continue -- I mean I can -- I'm good at counting, at least if it stays on two hands, you know, I think the votes are there to -- to continue and that's fine. I -- in fact, I would rather continue it than to kill it. So, if that's the motion I would support that. But I really-- I just don't think we are going to accomplish much without knowing what the defined outcomes are that makes us decide that we can move forward with -- with these Page 50 Meridian City Council Item#1. January 4,2022 Page——69 issues. I think we are doing, again, a disservice to -- to our development community by -- by doing it right now on these projects, but -- Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: If I may, I don't want to belabor the conversation where I think we have all hit a lot of the main points. I -- from a staff perspective usually I abhor continuances, but would rather those -- that occur tonight rather than denial for this project, in the sense that it meets a lot of the things that -- that have been discussed in our comp plan and in the plan overall. So, I -- I'm almost afraid in a way of if it's denied what comes down the pipeline in four years could be vastly worse and whether we have a solution to schools or not and those types of things, you know, we -- I do take into account and I just want to just note that the plan is sound in a vacuum and I do understand that's not how we do development here, but, you know, it does have the transitional density, it does meet the density requirements, has ample open space, has an incorporation of different uses, et cetera. So, I just wanted to reiterate that to Council. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Becky, I know you are -- you are mobile, so maybe I will look for a nod. I'm thinking like mid July to continue it until then. Bernt: Mr. Cavener, so has a microphone. Cavener: She does have a microphone? Look at our staff. Crushing it. That's awesome. McKay: Mr. Mayor, Councilman Cavener, I have been working on this since 2019, so I guess a deferral to July isn't -- isn't the worst thing that could happen to me. It's been a long haul already, so I'm willing to -- to work with the Council to see if we can find a path. Cavener: Okay. Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Dodson, got any July vacation plans, you and the Mrs? Dodson: Actually, we were just discussing that. Potentially. I don't know when, but, you know, as -- as life goes we will work around work. Cavener: You tell me the dates and I will be happy to continue to that specific Tuesday if you want. Page 51 Meridian City Council Item#1. January 4,2022 Page 49—69 Dodson: Sure. No. I will enjoy this trip. I couldn't tell you exactly, but I will -- I will make it work that's for sure. I'm here all the time. Cavener: So, Council, I'm thinking like July 12th. It's a new fiscal year for the state and we may have at least -- if there are questions that have been answered they will have been answered by that point. So, Mr. Mayor, with that I move that we continue this item to July 12th, 2022. Strader: Second. Simison: I have a motion and a second to continue this item to July 12th, 2022. Is there any discussion? Mr. Nary. Nary: Noticing. Do you want the city to pay to notice -- renotice this, because that's a very long extension. Cavener: Yeah. We will pay to notice it. I think it's my -- my request would be is that the city pays for the renoticing. Simison: Second agrees. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. Bernt: Nay. Simison: Four ayes. One nay. Motion carries and the item is continued until July 12th. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Simison: And we are going to be continued until 9:00 o'clock, so we will take a recess for 15 minutes. (Recess: 8:45 p.m. to 9:03 p.m.) 29. Public Hearing for Biltmore Estates Subdivision Time Extension (TECC-2021-0001) by Engineering Solutions, Generally Located 1/4 Mile South of W. Victory Rd. and 1/2 Mile West of S. Meridian Rd. A. Request: A Two-Year Time Extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. Simison: Okay. All right. We will go ahead and come back from recess and move on to Item No. 29, public hearing for Biltmore Estates Subdivision time extension. TECC-2021- 0001. We will open this public hearing was staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The next application before you is a request for a time extension on the previously approved preliminary plat for Biltmore Page 52 Meridian City Council Item#1. January 4,2022 Page 50—69 Estates. This site consists of 22.67 acres of land, zoned R-4, and is generally located a quarter mile south of West Victory Road and a half mile west of South Meridian Road. The preliminary plat was approved back in 2014 and consisted of 159 buildable lots on 56.19 acres of land. Final plats for phases one through three have obtained the city engineer's signature within the required time frame. The director approved a two year time extension on the preliminary plat in order for the city engineer to sign the final plat for phase four, which expired on December 18th of last year. The subject time extension request was received before the expiration date as required. The Comprehensive Plan future land use map designation for this property is low density residential. The applicant requests approval of another two year time extension in order to obtain the city engineer's signature on the phase four final plat. Two phases are yet to develop consisting of a total of 70 building lots on 22.74 acres of land. The applicant states the construction drawings and the final plat for the fourth phase of development have been completed and the final plat application is anticipated to be submitted soon. Due to continued labor and material shortages, construction on this phase has been delayed. With all time extensions City Council may require compliance with current UDC provisions. Since the preliminary plat and previous time extension were approved, an amendment on -- to the common open space and site amenity standards listed in UDC 11-3G was approved. The provisions for common open space have increased from ten percent to 12 percent and require compliance with the quality and qualification standards listed in the UDC. The provisions for site amenities changed from three required amenities to a point system based on the area of the development. The Public Works standards and specifications have also changed. Based on these new standards staff recommends an additional 2.35 acres of common open space and site amenities totaling four points is provided and compliance with the most recently adopted Public Works standards and specifications is required for the remaining phases of development. The applicant proposes to provide eight foot wide landscaped parkways along all internal local streets and reduce the buildable lots by one to increase the common open space area and provide a pickleball court as an additional amenity in accord with current UDC standards. Approval of the subject time extension will allow the applicant to obtain the city engineer's signature on the final plat for phase four and proceed with development of the property. If Council does not approve the requested time extension the preliminary plat will expire and a new preliminary plat application will be required for the remaining area that has not yet been subdivided. Written testimony has been received from Becky McKay, Engineering Solutions, the applicant. She is in agreement with the conditions in the staff report. Staff is recommending approval with the conditions requiring the applicant to comply with current open space site amenity standards and the Public Works requirements. Staff will stand for any questions. Simison: Thank you. Council, any questions? Okay. Would the applicant like to speak from her chair? McKay: Mr. Mayor, Becky McKay. Engineering Solutions. 1029 North Rosario. Just to answer any questions that you may have. As Sonya indicated, we have completed our construction plans for phase four and final plat. We are just kind of holding on to them at this juncture, because we are seeing a shortage of materials and labor. So, we did not Page 53 Meridian City Council Item#1. January 4,2022 Page 51 —69 want to submit and run out of time as far as plan approvals were concerned and so we -- we anticipate submitting them this year and getting going on phase four and we are in agreement with the conditions as outlined by Sonya and bringing the development into compliance with the new UDC amenity and open space requirements. Simison: Thank you. Council, any questions for the applicant? Okay. This is a public hearing. Madam Clerk, do we have anyone that is signed up to provide testimony? Weatherly: Mr. Mayor, there is no one signed in. Simison: Okay. Is there anybody that would like to come forward and provide testimony on this item at this time or online? Use the raise your hand feature and we will bring you in for comments. Seeing no one online or in the audience, any final comments from the applicant? Okay. And Council? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing -- this is a public hearing; correct? Yes. On TECC-2021-0001. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not all in favor signify by saying aye. Opposed nay. The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After hearing staff and applicant testimony, I move to approve TECC-2021- 0001 as presented in the staff report for the hearing date of January 4th, 2022. Cavener: Second. Simison: I have a motion a second to approve item TECC-2021-001 . Any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it. The motion is agreed to. Do we need to do a roll call? Did I just -- okay. Thank you on that one, so -- MOTION CARRIED: FIVE AYES. ONE ABSENT. Page 54 Meridian City Council Item#1. January 4,2022 Page 52 of 69 30. Public Hearing for Fluid Estates Subdivision (SHP-2021-0008) by Idaho Survey Group, Located at 3110 W Quintale Dr. A. Request: Short Plat consisting of 3 buildable lots on 2.0 acres of land in the C-C zoning district. Simison: So, thank you and we will move on. Thank you. So, with that we will move on to Item 30, public hearing for Fluid Estates Subdivision, SHP-2021-0008. We will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The next application before you is a request for a short plat. This site consists of two acres of land. It's zoned C-C and is located at 3110 West Quintale Drive. This property was previously platted as Lot 2, Block 25, Bridgetower Crossing Subdivision No. 7. The Comprehensive Plan future land use map designation for this property is commercial. The applicant proposes to resubdivide the existing lot into three buildable lots. The proposed short plat complies with the UDC standards for such. Street buffers were constructed and landscaped along adjacent streets with the previous subdivision improvements. Access to the property is provided via two existing access easements and driveways at the east boundary of the site. A direct lot access via Ten Mile, McMillan, and Quintale is prohibited. Per the development agreement a conditional use permit is required prior to development of this property. Written testimony has been received from Michael Burns, the applicant, and they are in agreement with the staff report conditions of approval and staff is recommending approval with the conditions in the staff report. Thank you. Simison: Thank you. Council, any questions for staff? Okay. Is the applicant here? Are they -- oh, are they online? Are they Moto G Power 2021? Bernt: That would have been a first. Simison: We have two people raising their hands, so -- Weatherly: Moto G, you should have the ability to unmute yourself. Are you the applicant? Burns: This is Mike Burns with Idaho Survey Group. Simison: If you could state your name and address for the record, be recognized for ten minutes. Burns: Michael Burns at 8730 West Brynwood Drive. I represent Idaho Survey Group and we are totally in support of staff's recommendations. Simison: Okay. Council, any questions? Okay. All right. This is a public hearing. Madam Clerk, do we have anyone that's signed up to provide testimony? Page 55 Meridian City Council Item#1. January 4,2022 Page——69 Weatherly: Mr. Mayor, no one signed up in house. We do have a raised hand online. Simison: Okay. We will see if Mr. Wall is interested in testifying on this item. If there is anybody that would like to provide testimony, please, come forward at this time as well. Wall: Yeah. Eric Wall here. My address is 280 East 14th North in Ammon, Idaho. actually am the landowner. So, we agree with the staff report and feel like we will be in full compliance with that. Simison: Okay. Thank you. Council, any questions? Okay. Thank you. And seeing no one else that would like to come forward, if any -- if the applicant wants to make any final comments, but since we are making it the first time I don't know if there is anymore to make or if Council has questions or direction. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have a question for Sonya. So, does this change the parking as a whole in this development? Like I don't know what the original parking expectations were when it was just one lot and now it becomes three. Does that affect the parking that exists in the other commercial area there to the east? Allen: Mr. Mayor, Council Woman Perreault -- I'm not sure how to answer your question. Parking is required per the square footage of the building -- for the gross square footage. This -- the bottom area of this lot has not been developed yet. Parking has been provided on the site in accord with UDC standards. Does that answer your question? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Perhaps I mistakenly assumed that when it was one lot it would all develop as one and now -- so, should I not assume that there is going to be additional buildings that are built beyond what was originally anticipated, because of this short plat request? Allen: Council Woman Perreault -- Perreault: Or is it just based on square footage? Allen: Parking is based on square footage -- gross square footage of the building. But, yes, it -- it's hard to answer your question. In a commercial district there can be more than one building on a lot. They are subdividing it for ownership purposes. Bernt: Mr. Mayor? Page 56 Meridian City Council Item#1. January 4,2022 Page 54—69 Simison: Councilman Bernt. Bernt: I'm sure that, you know, in future development applications for the site we will have -- whether it's a conditional use permit or something, that this -- these topics will be discussed. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: In that regard, Sonya, yet when the time comes for the CUP for -- they have got some drawings in there -- in the -- in the file here, I know that -- there is four eating places -- well, five if you count a takeout pizza place already. If there are changes to our parking standards before their CUP comes, I would -- it only affects these businesses. I don't know. One is -- looks like it's going to be a Tube place. I don't know what the one to the south would be, but if that's going to be a sit down or some sort of food establishment, would that location only have to meet the new parking standards or does it impact the full development? Allen: Parking is based on the zone and the use. Restaurants require one space per 250 square feet of gross floor area and regular commercial businesses there is one per 500 square feet. So, that will be evaluated when they submit a development application for those parcels. Hoaglun: Mr. Mayor, follow up. Simison: Councilman Hoaglun. Hoaglun: Sonya, if -- if in the instance that the south one is an eating establishment, it would only -- the new standard would only apply to that establishment and not the other ones that are already in the development; correct? Allen: Yes. Hoaglun: Okay. Thank you. Simison: So, Council, do we have a motion to close the public hearing? Weatherly: Mr. Mayor? Simison: Yes, Madam Clerk. Weatherly: We can't. Someone online had their hand up and it disappeared, so disregard. Simison: Okay. Page 57 Meridian City Council Item#1. January 4,2022 Page 55—69 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we close the public hearing. Strader: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve Item No. SHP-2021-0008. Strader: Second the motion. Simison: I have a motion and a second to approve Item SHP-2021-0008. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 31. Public Hearing for Woodcrest Townhomes (H-2021-0015 and H-2021- 0082) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Way A. Request: Continued from September 7, 2021, an Amendment to the Comprehensive Plan Future Land Use Map (H-2021-0015) to change the future land use designation on 2+/- acres of land from the Commercial to the Medium High-Density Residential designation. B. Request: Continued from September 7, 2021, a Rezone (H-2021- 0015 ) of 2.10 acres of land from the L-O (Limited Office) to the R-15 (Medium High Density Residential) zoning district. Page 58 Meridian City Council Item#1. January 4,2022 Page 56 of 69 C. Request: Preliminary Plat (H-2021-0082) consisting of 19 building lots and 4 common lots (including 1 lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. Simison: Next item is Item 31, a public hearing for Woodcrest Townhomes, H-2021-0015 and H-2021-0082. We will open both of these public hearings with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. City Council previously heard the proposed comp plan map amendment and rezone applications back on September 7th. At that hearing -- Simison: Sonya, do you have any visuals that you are showing with these? Allen: Yes. Are you not seeing it? Simison: No. Allen: Let me go back in. Simison: There we go. Allen: Thank you. Okay. So, anyway, at the hearing on September 7th the Council directed the applicant to submit a preliminary plat application to be heard concurrently with this map amendment and rezone request. The applicant did submit a preliminary plat application as directed, which was heard by the Commission on December 2nd. The Commission recommended approval of the preliminary plat to City Council. A private street application was submitted for access to the proposed lots, which has been tentatively approved by the director. Mr. Mayor, would you like me to only cover the preliminary plat items or would you like me to go through the entire application again? Simison: May I ask Council what they would -- Allen: Okay. The preliminary plat is proposed consisting of 19 building lots and four common lots, including one lot for the private street on 1.97 acres of land in the proposed R-15 zoning district. The proposed lots range in size from 3,789 to 2,000 square feet, with an average lot size of 2,701 square feet. The proposed gross density of the subdivision is 9.64 units per acre. The subdivision is proposed to develop in one phase. Because this site is below five acres in size minimum open space and site amenity standards do not apply. I should mention that since the last time Council reviewed this application the applicant did revise their concept plan. Before they had a four unit townhome in this location here. They have changed that to three and moved the four units down here on the west end and they did increase the parking along the southeast corner of the site. They now have -- I believe it's 20 extra spaces for guests on this site and, then, sidewalk is proposed along one side of the private street. Staff will stand for any questions on that. Page 59 Meridian City Council Item#1. January 4,2022 Page— —69 Simison: Thank you. Council, any questions for staff? Okay. Is the applicant here, like to come forward? Womer: Is it this one? Yes. Simison: State your name and address for the record. Womer: Good evening, Mr. Mayor, Members of the Council. My name is Blaine Womer of Womer Engineering. We are at 4355 West Emerald Street in Boise. Sonya did such a good job in the staff report she pretty much stole my thunder as far as what I was going to mention and which pertained to the massing of the units that we changed at the request of the neighbors to the northwest and the parking that we added. So, other than that I'm just here to answer any questions the Council may have or try to answer any. Simison: Council, questions for the applicant? Hoaglun: Mr. Mayor? Blaine? Simison: Councilman Hoaglun. Hoaglun: I think in going through the packet I read somewhere someone was concerned about utilities and some things like that. What -- Wooer: Yeah. What was brought up last time -- and I think the -- the gentleman that brought that concern up will probably -- he's here tonight and he may bring up the same comment. But what we had proposed in our concept landscaping plan was a buffering of -- I believe Cypress along -- do you have that landscape -- concept landscape plan, Sonya? Yeah. That you can see there. We were -- we were trying to do some buffering there, so that there would be some greenery being shown, as opposed to no landscaping whatsoever. So, we tried to pick something. I'm not a landscape architect, but we directed our landscape architect to try to pick something that we create a nice screen. There is a utility easement along that property line and there was a concern that the trees are being planted that there would be utilities and, obviously, we would have to go in and do the proper dig alert and probably even pothole some of those utilities to make sure we are not planting trees over the -- over the utilities. So, I think that was the concern, because the landscaping is proposed in a drainage -- I mean, I'm sorry, utility easement. Simison: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Blaine, I think last time you were here we talked a lot about parking and I appreciate that you have added more parking. My biggest concern is that it's not convenient parking and I'm just curious -- I think we had a discussion about maybe Page 60 Meridian City Council Item#1. January 4,2022 Page——69 relocating some of the parking towards that little open space corner lot and I'm just curious if there was a reason why you decided not to pursue that avenue. Womer: That's just -- where we ended up putting it seemed to give us more bang for the buck for what we could give. Again, the report showed that we need 27 spaces. We ended up with -- I believe -- I believe it's 51 when it's all said and done, so -- and the access that we provide with the --the sidewalk--the sidewalk coming towards the parking and, then, working this way back to the interior subdivision street sidewalk, we thought that was adequate. Cavener: Mr. Mayor, follow up. Simison: Councilman Cavener. Cavener: Blaine, is the intention, then, that that -- is that parking lot going to be signed private parking? Is it -- I mean to me I look at that as parking that's going to be utilized not by the residents, but most likely by Louie's patrons. Was that the intent, then, behind it? Womer: Well, again, if you -- if you look at the parking study, Louie's patrons and the -- and the convenience of where those parking spaces are to the restaurant, I have a hard time -- well, the study had a hard time finding a time where parking would be -- would be directed that far away with the amount of parking that's already there with the shared parking agreement that the -- that the whole development has. So, we feel that the parking is going to be utilized, if it's utilized at all, again, because of the -- due to the fact that we are so severely overparked, we have a hard time seeing that being used by anybody other than visitors to the -- to the townhome project. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I appreciate you doing that parking study and it was -- seemed very thorough, but I think I read somewhere that the gazebo area -- we would allow the employees of the restaurant to utilize or something like that. Did I misunderstand that? I thought, well, that's interesting and maybe -- maybe I misread it, but -- Wooer: No. I think the idea there was -- and it's mentioned in the staff report that way, that it's -- it's an open space that certainly if somebody from the -- across the street there at the bank or whatever wanted to come over and enjoy a spring day, there is certainly not going to be anything keeping them from it. Hoaglun: Okay. Appreciate that approach to it. Thanks. Page 61 Meridian City Council Item#1. January 4,2022 Page——69 Simison: Council, any additional questions? Okay. Thank you very much. This is a public hearing. Madam Clerk, do we have anyone that signed up to provide testimony on this item? Weatherly: Mr. Mayor, we have one person signed in. David McDonald. Simison: David, if you are here and would like to come forward and provide testimony. State your name and address for the record and be recognized for three minutes. McDonald: So, Dave McDonald. 2579 East Grapewood and I appreciate the question about usability. I look at this from a human factors and usability perspective. Twenty- seven parking spaces is a big -- a big question mark that a human factors perspective would challenge, simply because of where we are at, our reliance on vehicles, our lack of public transportation. I would agree with that if this was being built in say New York. I would say get rid of the parking if you built this in London or in Europe, because of availability of mass transit and other options, but because we are so reliant on our cars, these -- these types of homes are going to draw a higher density of people that rely on their cars to get everywhere they need to go. Twenty-seven parking spaces is not adequate for Meridian just because of that fact alone. I would say get rid of the parking if you built this in London, just because of the way we do mass transit in Europe versus Meridian. So, you look at somebody who has got experience with real estate -- I know Liz Strader and -- and Council Woman Perreault have some exposure to the real estate industry, but the behavior and what works on paper doesn't work on paper everywhere based on simple factors from how we behave as humans. So, I would say you go by how many people are going to be sleeping in a residence in a -- in a locale like where we are at and that's probably something I would probably give you food for thought of how our public transportation impacts our demand for our cars and our demand for parking in Meridian. It's very different than --when I travel to Europe I never get a rental car, I always take the buses and the trains, because it's a pain in the butt to drive. Here I can't get anywhere without my private vehicle and so I go by the number of bedrooms. This project represents 50 potential bedroom areas, places where people can park -- can sleep and that also is a close representation for why we have higher demand on vehicles and as -- as was pointed out by Luke Cavener, I handed out the drawings just to kind of illustrate -- the second page shows you -- there is 20 cars parked belong where -- where this parking area is going to be occupied by the gazebo. There is going to be a displacement of those 20 cars that visited the -- the restaurant. When I did the survey before the snow flew during the Thanksgiving to Christmas holiday, the -- the number of cars parked outside of Louie's in other areas was about 36 cars on average during the times that I surveyed. So, there is going to be displacement. One thing that I think stood out to me that in my mind helps with some of the conflict with parking here was the mention of the cross-parking agreement and it gave me the very distinct impression that withdrawing from the cross-parking agreement is no longer on the table and that it's going to be kept in place, so, you are right, those 17 parking spaces around the gazebo, perfect for the restaurant folks, but when you go to the south area between the Louie's Restaurant and that tanning salon, that's going to be very attractive parking for the residents of the townhomes and I think what Mr. Louie is going to need to realize is there that --that cross- Page 62 Meridian City Council Item#1. January 4,2022 Page——69 parking agreement allows those 17 parking spaces to be used by the townhome guests and residents. It's not a one way option, it goes both directions. So, I think, you know, that might be the best way that we can describe that. I think, you know, those are the -- those are the key questions that I probably put on the table. I was the one who talked also about the landscape question, making sure that the masonry wall -- because between the masonry wall and my property line are my high speed internet and those types of things and I think Mr. Womer addressed that question adequately, that, you know, they will --they will maintain the masonry wall and they will make sure that if I lose internet connection that my internet guy can get back there and fix the problem. So, you know, I think that's -- he's answered that question for me. Cavener: Mr. Mayor? Simison: Council, questions? Cavener: David, just one question. Appreciate these exhibits. If I'm reading this right, assume these photos were taken recently. McDonald: Oh, yeah. Yeah. You can go see those photos. They were done, obviously, before the snow flew, but, yeah, those -- those are from this fall. Cavener: So, if I'm seeing this right, we have got three different towing companies that are serving -- McDonald: Yeah. Those -- those towing companies would be for the mortgage place, for the tanning salon and for Louie's. Cavener: Thank you. Appreciate it. Simison: Council, additional -- Councilman Hoaglun. Hoaglun: Have you been able to look at the parking traffic analysis that is -- the company did for this development? McDonald: Yes. I looked at the 27 parking studies and I will flat out refute it. I will just say just -- what works on paper doesn't always work in reality. That's why when -- when somebody who comes from human factors usability perspective talks with design engineers and we always challenge them on their assumptions about why things behave differently in London versus the way they behave in New York versus the way they behave in Meridian, Idaho. You have to look at how we as human beings in the locale that we are at behave and that's -- it should make common sense. But, you know, obviously, using the manuals that they do for a traffic engineer, one size doesn't fit all. Twenty-seven parking spaces may be true some places, it just isn't true here. Hoaglun: Well, Mr. Mayor, one of the -- Page 63 Meridian City Council Item#1. January 4,2022 Page— —69 Simison: Councilman Hoaglun. Hoaglun: One of the things I was looking at was, you know, no lot in the commercial areas is observed to be over 70 percent full during this -- or during this study and where that location is and -- and I don't know if you agree or disagree with that, but that -- you know, that -- that's a good sign and one of these lot -- the 27 spaces would be located are even farther away, especially if it's a restaurant, which typically when you have the peak periods and overflow and big Sunday or something -- McDonald: Well, I think ultimately, you know, I have seen some really good things happen with this most recent preliminary plat. If I give you an example of why some of those parking spaces aren't utilized, even though it's heavily used in certain areas -- if you look at the tanning salon that's to the west of the Louie's Restaurant, the way those parking spaces are situated with the building in between, we as human beings like convenience, we want that shortest distance between getting out in the cold to going to the Louie's restaurant or the front door. That's why that lot is mostly empty, but you see it displaced towards like the bank or the mortgage -- mortgage company and it will spill that direction, rather than towards the tanning salon, just because of one simple factor, we as humans like convenience. Now, I think Mr. Womer can also talk about -- you know, one thing I wanted to highlight on his landscape plan, if I read it correctly it looked like along the Hickory Way side there is landscaping, flowerbeds, and possibly even a fence, whether it's three foot or six foot. That would actually discourage people from parking on Hickory Way, because, you know, nobody wants to walk through a flowerbed or over a fence to get around to their house. They are going to -- they are going to spill towards Louie's. But, you know, he can clarify if I read that correctly and he also can clarify -- I just want to get on the record that, you know, the cross-parking is still -- because that seemed to be the deciding factor for what P&Z heard. So, I will just leave it at that and, you know, most of those -- most of those questions should be answered. Simison: Thank you. Is there anybody else that would like provide testimony on this item at this time? Anybody online? Weatherly: Mr. Mayor, I see no one with their hand raised online. Simison: Okay. Then would the applicant like to come forward for any final comments. Womer: Yes, Mr. Mayor, Members of the Council, Blaine Womer for Womer Engineering. Appreciate Mr. McDonald's comments. I guess I would respond that when you do a parking analysis, any kind of traffic study it's modeling. That's -- that's what it is. It's like when we do hydrology and hydraulics, it's modeling. You're modeling past behaviors, past conditions, and in the -- in the case of transportation engineering we have the Institute of Transportation Engineers that have modeled this for years and come up with what the required parking is, because you have to have some standard to make these -- these studies work. So, if there is any concern that Mr. McDonald has with that, he can certainly take exception to what the ITD has come up with with that generation standard, but I think what we have done is more than mitigate it with your recommendation that we Page 64 Meridian City Council Item#1. January 4,2022 Page——69 provide additional parking, when we have gone from 27 required to 51 provided. So, think that is -- quite clearly mitigates any concern that there should be with respect to parking just by sheer numbers. So, that's all I would add, unless anybody has any questions. Simison: Council? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If you wanted to just touch on the cross-parking that -- Womer: Yes. Mr. McDonald's concern was that the cross-parking agreement would go away and it's not. Thank you. Simison: And I think just -- I know I mentioned the last time, but, hopefully, the applicant -- the cross-parking goes both ways. I can tell you for a fact the last time I was at Louie's I was parking right there in those spots that are on this place, because there is no place else. That would have been the most convenient parking nearby the restaurant at that point in time at lunch and so, you know -- Mr. Nary, you will be the enforcer of this parking issue when that comes up at some point in time, because of signs that get put up by somebody who does not know, so make good notes for your files for your future staff, because that will be an issue at some point in time. No. It will be a different company. the -- that will be -- be there, but this will be a Friday night, Saturday night challenge or a lunchtime challenge. The lunch is probably not going to be as much of a challenge. I think naturally the Louie's parking lot will spill into these spaces, which likely won't be used during the day, so these will primarily be weekend and evening places, unless they become overflow permanent parking lots for people, because they don't have adequate parking in front of their homes, but time will tell. I'm off my soapbox. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe Blaine can just give me a nod of the head. My assumption is that private street is going to be signed to no parking. Okay. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I just want to make a quick comment before we close the public hearing. I -- my opinion I think the highest and best use for this piece of property is light office and I have Page 65 Meridian City Council Item#1. January 4,2022 Page——69 been pretty consistent with my thought about that since they originally presented, so that's my--that's where I will be going this evening before we close the public hearing. Thanks. Simison: Thank you. Okay. With that, Council, just note we do have two public hearings open, so we will want to make any motions relate to both of them. Hoaglun: And, Mr. Mayor, a question for Mr. Nary. Simison: Councilman Hoaglun. Hoaglun: And, Bill, when we make the motion to close the public hearing and for final vote, A and B are together, so is that one motion and one vote and, then, the preliminary plat as a second or can you do all three, but noting they are -- they are separate applications? Nary: Mr. Mayor, Members of the Council, Council Member Hoaglun, the latter is fine. As long as we state what we are doing on the record. Hoaglun: Okay. Nary: Just to highlight the different file numbers so it's clear which you are making a motion on and that way the Council -- if the Council would prefer to vote on them separately, because you may want to vote for one item, but maybe not the other item, then, that's certainly an option as well. Hoaglun: Mr. Mayor, I think, then, we will just go move forward and just -- to make sure that everyone gets their say on each one to do them separately in terms --well, for closing the public hearing I will do -- I would move that we close the public hearing on the first application, which is H -- the Comprehensive -- amendment to the Comprehensive Plan future land use map, H-2021-0015 and the rezone H-2021-0015, and also the second application to close a public hearing for preliminary plat H-2021-0082. Bernt: Second. Simison: I have a motion and a second to close the public hearings on H-2021-0015 and H-2021-0082. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the public hearings are closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: And, Mr. Mayor, yeah, I just realized those -- Simison: Councilman Hoaglun. Hoaglun: -- have the same number twice there, because one's the Comprehensive Plan and the rezone and they made it the same. Page 66 Meridian City Council Item#1. January 4,2022 Page 64 of 69 Simison: You made it very clear. Hoaglun: Okay. That's nothing but thorough sometimes. Maybe too thorough. I -- I think the -- these properties have been vacant for commercial for many many years. We know commercial has changed in the application. You know, I don't doubt Councilman Bernt's desire that they -- they remain as proposed, but I think this is a good use for this property. It provides housing in a place that does not require any additional schools to be built. So, we are all excited about that and I think it's a good use and with the changes he's made, changing the -- the densities of those townhomes and adding the parking and it looks like a -- like a good development. So, I can support these for-- for both applications. I know some may disagree on one or the other, but that's -- that's -- that's my position for these. So, we can have comment before I make a motion. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate the comments. I tend -- I'm kind of in a spot where I agree with -- with both Council Member Bernt and Council Member Hoaglun. I do think that commercial is the best use, but I think it's sat vacant long enough and as somebody who is over in that area every Wednesday, I just think the layout of the existing commercial is just going to make the likelihood of any successful commercial in that area really challenging and problematic. So, I'm supportive of moving this to residential and I agree it's -- it's probably the better use. My hang up is -- I said this the last time this application was before us and it's just weird that I'm -- I'm kind of hanging my hat on this particular piece, is the -- the parking layout is not conducive to supporting the neighborhood at all and Mayor Simison kind of tiptoed around it and pivoted to -- this is going to be something that the city and code enforcement and the Mayor's office, once it's built, is going to hear from our citizens. They are going to be frustrated. The residents are going to be frustrated. The business patrons are going to be frustrated. This to me seemed like an easy fix. You chose not to go down that path, so I'm not going to be supportive of the plat. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I mean I -- I am in the same boat in terms of, you know, agreeing with the points by all of my other fellow Council Members. It is a suburban environment no doubt. Not a -- it's not London, it's not a European city, unfortunately, or fortunately. I think a lot of us are happy with those trade-offs, too. So, I guess I do feel like they have --they have tried and I think they have, you know, made some changes, they have added some parking. I usually am not in support at all of changes, unless it's given a really long time period and has gotten to that point. You know, it's not -- I'm not loving it, but I think I could live with it. That's kind of where I'm at. So, I think I'm probably somewhere in between, but probably fall in line with Councilman Hoaglun's view on it at this point. Page 67 Meridian City Council Item#1. January 4,2022 Page V5 of 69 Simison: Yeah. If we want we can just make motions and see where Council Woman Perreault votes, if we want to save her voice, unless you would like to add some comments. Perreault: Sorry, my voice is getting worse as the evening goes on. I am not opposed to residential in this location. I am -- I am fine with the comp plan change request. I agree with Councilman Cavener that I am not at all a fan of the location of his parking -- the extra parking as it relates to the residents in this development. I'm really not as concerned about the customer's parking here. I feel like this is too far away from the businesses. I think they would park illegally in the spots that are closer to the business, then, they would actually park here and walk. I think people are that lazy, to be honest, but I really feel like this -- the extra parking is super inconvenient for the residents and how the development itself-- itself is designed. Do I think it's poor enough of a design to send them back to the drawing board and not support the preliminary plat? I think I probably I'm more along Councilman Strader's thinking of, you know, no, I don't think it's awful. I -- I really don't think that those spaces will be well utilized in the location that they are and I'm sad to see that the applicant didn't rethink that, so -- Hoaglun: Mr. Mayor? Simison: Just from a practical standpoint, I mean if they are shared parking they are in the best place for shared parking in a business environment in a lot of ways. I mean that is how this is set up. But it's just going to -- I think it's going to be a push and tug and, you know, I'm in agreement on it. Personally I don't have an issue with the transition, the change, but I didn't have as much of an issue with where they put the parking, you know, because if you are coming to visit it's not that far to walk around, but it is shared and shared -- sharing is going to be the challenge for someone at some point in time in this area. I just don't know by whom when. I have said my -- said by peace. Councilman Hoaglun. Hoaglun: Mr. Mayor, let's give this a try, see what -- see what the outcome is, so -- I'm going to do these as two separate applications to vote on. I think that's the preference of Council on this, so -- I would move approval of an amendment to the comprehensive future land use map H-2021-0005, as well as the rezone also in this application of this from L-O to medium high density zoning district. Cavener: Second. Simison: I have a motion and a second to approve Item H-2021-0015. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, nay; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: Four ayes. One no. Motion passes. Page 68 Meridian City Council Item#1. January 4,2022 Page——69 MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the second application, the preliminary plat, H-2021-0082, including all staff and applicant comments on this application. Strader: Second. Simison: I have a motion and a second to approve Item H-2021-0082. Is there discussion on the motion? With that Clerk will call the roll call. Roll call: Borton, absent; Cavener, nay; Bernt, nay; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: Three ayes. Two nays. Motion passes. Thank you. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. ORDINANCES [Action Item] 32. Ordinance 22-1960: An Ordinance (H-2020-0111 Aviator Subdivision) for Rezone of a Parcel of Land Situate in the Southwest Quarter Of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 11.84 Acres of Land from M-E (Mixed Employment) Zoning District to R-15 (Medium High Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: With that we are on to Item 32 under Ordinances. Ordinance No. 22-1960. Ask the Clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. This is Ordinance 22-1960, an Ordinance H-2020- 0111, Aviator Subdivision, for rezone of a parcel of land situated in the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification of 11.84 acres of land from M-E (Mixed Employment) Zoning District to R-15 (Medium High Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Page 69 Meridian City Council Item#1. January 4,2022 Page— —69 Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this item read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve Ordinance 22-1960 with suspension of rules. Strader: Second. Simison: I have a motion and a second to approve Ordinance 22-1960 under suspension of the rules. 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. 33. Ordinance No. 22-1961: An Ordinance (H-2021-0042 — Intermountain Wood Products) for Annexation of a Parcel of Land Described as Parcel 1 in Warranty Deed, Inst. No. 2020-012834, and All That Certain Parcel Described in Warranty Deed, Inst. No. 2019-121778, Located in the Northeast '/4 of the Northeast '/4 of Section 18, Township 3 North, Range 1 East, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 3.501 Acres of Land From RUT to I-L (Light Industrial) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Next item up is Ordinance No. 22-1961. Ask the Clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. This is Ordinance No. 22-1961, an Ordinance H-2021- 0042, Intermountain Wood Products, for annexation of a parcel of land described as Parcel 1 in Warranty Deed, Inst. No. 2020-012834, and all that certain parcel described in Warranty Deed, Inst. No. 2019-121778, located in the Northeast '/4 of the Northeast '/4 of Section 18, Township 3 North, Range 1 East, Ada county, Idaho, and being more particularly described in Attachment "A" and annexing certain lands and territory, situated Page 70 Meridian City Council Item#1. January 4,2022 Page——69 in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of 3.501 acres of land from RUT to I-L (Light Industrial) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody who would like it read in its entirety? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Not seeing anybody, I move we approve Ordinance No. 22-1961 with suspension of rules. Strader: Second. Simison: I have a motion and a second to approve Ordinance No. 22-1961 with suspension of the rules. Is there 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. 34. Ordinance No. 22-1962: An Ordinance (H-2021-0044 Elderberry Estates Rezone) for Rezone of a Parcel of Land Being a Portion of Blocks 3 and 4 of the Amended Plat of F.A. Nourse's Third Addition as Filed in the Office of the Ada County Recorder, Boise, Idaho, in Book 7 of Plats at Page 299 Lying in the NW '/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 0.658 Acres of Land From C-C (Community Business) Zoning District to O-T (Old Town) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required By Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Final item is the Ordinance No. 22-1962. Ask the Clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. This is Ordinance No. 22-1962, an Ordinance H-2021- 0044, Elderberry Estates, a rezone, for rezone of a parcel of land being a portion of Blocks 3 and 4 of the amended Plat of F.A. Nourse's Third Addition as filed in the office Page 71 Meridian City Council Item#1. January 4, 2022 Page——69 of the Ada County Recorder, Boise, Idaho, in Book 7 of Plats at Page 299, lying in the NW '/4 of Section 7, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification of 0.658 acres of land from C-C (Community Business) Zoning District to O-T (Old Town) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Ordinance No. 22-1962 with suspension of rules. Hoaglun: I have a motion to approve -- have a second? Strader: Second. Simison: I have a motion and a second to approve Ordinance No. 22-1962 with suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion? 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 saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9.55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 18 / 2022 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: Page 72 CHRIS JOHNSON - CITY CLERK 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 14, 2021 City Council Work Session Page 6 Meridian City Council Work Session Item#1. December 14,2021 Page 14 of 14 is that the county won't begin the process of establishing new election precincts until the statewide redistricting issue has been resolved by the Idaho Supreme Court. Simison: If I could add. The current county clerk would prefer that we create our boundaries based upon the precincts that they draw and adopt. The new ones, not the old ones, so that -- that is the process that -- we expect to see 50 additional precincts in Ada county created. How many of those are Meridian we don't know, but -- yes. Nary: Yeah. And the only other direction from the county clerk that we have received is not to split the precincts either. So, with those two kind of caveats in mind, you know, we do kind of need that process done, but as the Mayor stated, I mean they have to have it done as of the primary in May, so they have to establish this for the legislature. So, I anticipate whatever the court decides will be decided pretty quickly in January and, then, they will begin that process, you know, to move that along and get it done, so -- all right. So, we will give you some time to review. Give you some time to take a look at it. Give us some feedback. I will work with the Mayor and the Council President on scheduling another session to discuss kind of where we are. Simison: And, hopefully, we can shoot for in mid to late January to come back for any additional -- give you about a month to get anything to Legal for any additional feedback. Nary: Okay. Simison: And, then, we can schedule after that when we bring forward for an actual consideration. Nary: Great. Thank you. Simison: Council, we have reached the end of our agenda. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Simison: I have a motion to adjourn that I don't need a second for and I forgot. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 5.05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2022 01 / 04 / MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 18 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 14, 2021 City Council Regular Meeting Page 21 Meridian City Council Item#2. December 14,2021 Page 70 of 70 landscape in our community that everyone apparently concedes is not supportive of any debt and school bonds and -- it's unfortunate, but that combination is toxic and we have very difficult decisions to make as stewards of the community. So, somehow there is going to be -- I think -- I request -- maybe it's in January -- that workshop discussion to try and create solutions that -- and any of the community partners can help us try and solve. Simison: Okay. Borton: That's the request. Thank you. Simison: Anything else? Then do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Move that we adjourn the meeting. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 10:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 4 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 89 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 21, 2021 City Council Work Session Page 92 Meridian City Council Work Session Item#3. December 21,2021 Page 21 of 21 travelled around some of the -- the easiest ways to get around in the smaller downtowns have been public parking signs that go along with that map -- that coordinate with the map, that are signs that point people in the direction of where public parking is and maps that are on posts in the downtown core and that might be something that we consider looking into, so that -- because I didn't even know there was a public parking map and I -- you know, and I -- I should know that and so doubt that many of the members of the community know that as well. Simison: Thank you. There is some signs, but there is probably not signs for all, so -- okay. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: If there is no more discussion --we are good? I move that we adjourn the meeting. Simison: I have a motion to adjourn. 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 5:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 4 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 111 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 21, 2021 City Council Regular Meeting Page 114 Meridian City Council Item#4. December 21,2021 Page 82 of 82 Mayor, staff, our citizens and -- that are listening and who pay attention to these long meetings, a Merry -- a Merry Christmas and I hope that you all are -- find yourselves with family and you have a very blessed Merry Christmas. So, thank you so much and be safe. Thank you. Simison: Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 10:48 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 4 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 194 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Adler Industrial Site 32 Sanitary Sewer Easement No. 3 Page 197 ADA COUNTY RECORDER Phil McGrane 2022-001203 BOISE IDAHO Pgs=5 CHE FOWLER 01/05/2022 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0146 Adler Industrial Site 32 Sanitary Sewer Easement No.3 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 4th day of January 2022 between Adler AB Owner XIII, LLC. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Item#5. 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: Michael S. Adler, Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Michael S.Adler (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Adler AB Owner XIII, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) `��1111111111/// / ���� ����Qr-N,PK.MCF�y /��,�ii \ PRY Ypv ,�� MY COMMI SSI ' = EXPIRES • = Notary Signature 8 4 2027 r s � = My Commission Expires: ��. OF IDW-- ,-3 Sanitary Sewer Easement REV. 01/01/2020 Page 199 GRANTEE: CITY OF MERIDIAN Robert E. Si ison Mayor -4-2022 / C NNjHIDIAN '-VAT A est by Chri ohnson, f'ity, t 1-4-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 1-4-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) CHARLENE WAY Y g Notary Signature COMMISSION#67390 My Commission Expires: 28-2022 NOTARY PUBLIC STATE OF IDAHO Residing in Meridian Idaho MY COMMISSION EXPIRES 3128122 Notary for Idaho Sanitary Sewer Easement REV. 01/01/2020 Item#5. EXHIBIT A ADLER INDUSTRIAL MERIDIAN BUSINESS CENTER SITE 32 SANITARY SEWER-EASEMENT NUMBER 3 SITUATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 9 T.3 N.,R. 1 E.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO A 20 foot wide easement situated in the 2.80 acre parcel and the 6.12 acre parcel as shown on Record Of Survey Instrument Number 2020-071513 and described in Quitclaim Deed Instrument Number 2020-152713,said easement also being situated in Lot 1,Block 1 as shown on the plat of Seyam East Subdivision,a recorded subdivision on file in Book 116 of flats at Pages 17443 through 17447,records of Ada County,Idaho,and further described as situated in the Southwest 1/4 of the Southwest 1/4 of Section 9,Township 3 North,Range 1 East,Boise Meridian,City Of Meridian,Ada County,Idaho,and more particularly described as follows: Commencing at the northeasterly corner of said Lot 1,Block I of Seyam East Subdivision from which the southeasterly corner of said Lot 1,Block 1 of Seyam East Subdivision bears South 1'3 F51" West 279.27 feet; thence along the westerly right-of-way of North Truckee Avenue South 1°31'51" West 19.40 feet to the POINT OF BEGINNING; thence leaving said westerly right-of-way North 88°28'09"West 71.00 feet to the POINT OF TERMINUS, comprising 1420 square feet,more or less. NL N `'- a x � 538-03.doc Page I of 1 Page 201 EXHIBIT B N. MAP TO ACCOMPANY LEGAL DESCRIPTION ADLER INDUSTRIAL MERIDIAN BUSINESS CENTER SITE 32 SANITARY SEWER-EASEMENT NUMBER 3 SITUATED 1N SEYAM EAST SUBDIVISION IN THE SW 1/4 OF THE SW 1/4 OF SECTION 9 T3N R1 E BM CITY OF MERIDIAN, ADA COUNTY, IDAHO NOT TO SCALE LOT 2 BLOCK 1 f SEYAM EAST SUBDIVISION + I ' 6.12,ACRE PARCEL OF gFcrnnrrNc - - - - L I N 88'28'09" W W I 2.80 ACRE PARCEL 71 00 N I z N i I I = W LOT 1 BLOCK 1 mcn I SEYAM EAST SUBDIVISION I � � E I I+ I I I I � I i E. FRANKLIN ROAD LEGEND EASEMENT CENTERLINE � �pL LAND E:7—Z=J EASEMENT G,� GISTER�oG�, PLATTED LOT LINE G O — — PARCEL LINE RECORD OF SURVEY INST. NO. 2020-071513 LI) AND QUITCLAIM DFFD INST. NO. 2020-1527IJ yJ, STREET CENTERLINE �Q) — — — — — EXISTING EASEMENT l4 Z` PAGE 1 OF 1 538 EASEMENT EXPage 202 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Adler Industrial Site 32 Water Main Easement No. 1 Page 203 ADA COUNTY RECORDER Phil McGrane 2022-001210 BOISE IDAHO Pgs=5 CHE FOWLER 01/05/2022 08:09 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0144 Adler Industrial Site 32 Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day of January, 2022 between Adler AB Owner XIII, LLC. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Item#6. 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: Michael S.Adler, Manager STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on Z J lQ ( (date) by Michael S.Adler (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Adler AB Owner XIII, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) KIfoIIb���i MY COMMISS, Notary Signature • EXPIRES g q.�027 — My Commission Expires: r NUMB 111111411�r��� Water Main Easement Version 01/01/2020 Page 205 GRANTEE: CITY OF MERIDIAN Robert E. Simi'so ayor _ 22 �.f,Y Att t"y Chris J son, Ci�`�,, 4-2022 STATE OF IDAHO, ) . SS. County of Ada ) This record was acknowledged before me on 1-4-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Na&ycWM Notary Signature -CHARLENE WAY-- My Commission Expires: 3-28-2022 COMMISSION##67390 Residing in Meridian, Idaho NOTARY PUBLIC Notary for Idaho STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Lf Water Main Easement Version 01/01/202 page 204 Item#6. EXHIBIT A ADLER INDUSTRIAL MERIDIAN BUSINESS CENTER SITE 32 WATER MAIN-EASEMENT NUMBER 1 SITUATED IN THE SW 1/4 OF THE SW 114 OF SECTION 9 T.3 N.,R. i E.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO A 20 foot wide easement situated in the 6.12 acre parcel and the 2.82 acre parcel as shown.on Record Of Survey Instrument Number 2020-071513 and described in Quitclaim Deed Instrument Number 2020-152713,said easement also being situated in Lot 2,Block 1 as shown on the plat of Seyam Subdivision,a recorded subdivision on file in Book 108 of Plats at Pages 15074 through 15076,records of Ada County,Idaho,and further described as situated in the Southwest 1/4 of the Southwest 1/4 of Section 9,Township 3 North,Range 1 East,Boise Meridian, City Of Meridian,Ada County,Idaho,and more particularly described as follows: Commencing at the northwesterly corner of said Lot 2,Block I of Seyam Subdivision from which the northwesterly corner of said 2.82 acre parcel bears South 10°39'56"West 55.10 feet; thence along the westerly right-of-way of North Toucbmark Way South 10°39'56"West 20.30 feet to the POINT OF BEGINNING; thence leaving said westerly right-of-way South 79°20'04"East 29.00 feet; thence South 10°39'56"West 18.00 feet; thence South 0035'58"West 105.00 feet; thence North 89°24'02"West 12.00 feet to the POINT OF TERMINUS,comprising 3280 square feet,more or less. LAND 538-01.doc Page 1 of 1 Page 207 Item#6. PL LAIVO EXHIBIT B s MAP TO ACCOMPANY LEGAL DESCRIPTION �G15T~R� �' ADLER INDUSTRIAL o MERIDIAN BUSINESS CENTER SITE 32 N. 0- g g WATER MAIN-EASEMENT NUMBER 9 ,A Z SITUATED IN SEYAM SUBDIVISION IN THE SW 1/4 OF THE SW 1/4 OF SECTION 9 T3N R1 F BM WF�-�'\� Z,'�J CfTY OF MERIDIAN, ADA COUNTY, IDAHO 1` LOT 1 BLOCK 1 { SEYAM SUBDIVISION NOT TO SCALE I � 7 401NZ 0� 6�GrNN4NG o r _ 6.12 ACRE PARCEL N 0 7 r o � I � I I r I E WA I IL4J/ � 2.82 ACRE PARCEL I LOT 2 BLOCK 1 i i Q SEYAM SUBDIVISION I U � I QI I I I � I I E. FRAWLIN ROAD LEGEND LINE TABLE — EASEMENT CENTERLINE EASEMENT LINE LENGTH BEARING — — PLATTED LOT LINE L1 29.00' S 79'20'04" E PARCEL LINE L2 1&00' S 10'39'56" W RECORD OF SURVEY INST. NO. 2020-071513 L3 105.00' S 0`35'S8" W AND QUITCLAIM DEED INST. NO. 2020-152713 STREET CENTERLINE L4 12.00' N 89-24'02" W — — EXISTING EASEMENT Page 208 PAGE 1 OF 1 538 EASEMENT EX 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Adler Industrial Site 32 Water Main Easement No. 2 Page 209 ADA COUNTY RECORDER Phil McGrane 2022-001211 BOISE IDAHO Pgs=5 CHE FOWLER 01/05/2022 08:09 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0145 Adler Industrial. Site 32 Water Main Easement No. 2 WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day of January 2022 between Adler AB Owner XIII, LLC. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Item#7. 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: Michael S.Adler, Manager STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on 1211 Z ( (date) by Mlchael S.Adler (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Adler AB Owner XIII, LLC (name of entity on behalf of whom record was executed), in the following representative capa\ �,(rf►��t (type of authority such as officer or trustee) ,%Wy PI/ ; stamp) i MY COMMISSICN •t _ s EXPIRES&42027 Notary Signature My Commission Expires: 2 D 2 7 Water Main Easement Version 01/01/202 page 211 Item#7. GRANTEE: CITY OF MERIDIAN Robert E. Sim ,Mayo"_,,,,,-2022 ,Attest by Chr' Johnson, erk 1-4-2022 STATE OF IDAHO, ) . SS. County of Ada ) This record was acknowledged before me on 1-4-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. ..... ......... ......... ........ ������ � WAY Notary Signature COMMISSION#67390 My Commission Expires: 3-28-2022 NOTARY PUBLIC Residing in Meridian, Idaho STATE OF IDAHO Notary for Idaho MY r-bMMISSION EXPIRES 3128122 Water Main Easement Version 01/01/202 Page 2�0 Item#7. EXHIBIT A ADLER INDUSTRIAL MERIDIAN BUSINESS CENTER SITE 32 WATER MAIN-EASEMENT NUMBER 2 SITUATED IN THE SW I/4 OF THE SW 1/4 OF SECTION 9 T. 3 N.,R. I E.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO A 20 foot wide easement situated in the 2.80 acre parcel as shown on Record Of Survey Instrument Number 2020-071513 and described in Quitclaim Deed Instrument Number 2020-152713,said easement also being situated in Lot 1,Block I as shown on the plat of Seyam East Subdivision,a recorded subdivision on file in Book 116 of Plats at Pages 17443 through 17447,records of Ada County,Idaho,and further described as situated in the Southwest 1/4 of the Southwest 1/4 of Section 9,Township 3 North,Range I East,Boise Meridian,City Of Meridian,Ada County,Idaho,and more particularly described as follows: Commencing at the northeasterly corner of said Lot 1,Block I of Seyam East Subdivision from which the southeasterly comer of said Lot 1,Block 1 of Seyam East Subdivision bears South 1'3 F51"West 279.27 feet; thence along the westerly right-of-way of North Truckee Avenue South 1°31'51" West 29.40 feet to the POINT OF BEGINNING; thence leaving said westerly right-of-way North 88°28'09"West 47.00 feet; thence South 1°31'51"West 84.00 feet; thence South 88°28'09"East 14.00 feet to the POINT OF TERMINUS, comprising 2900 square feet,more or less. L � ®�ENSt _ 3 538-02.doc Page 1 of I Page 213 Item#7. EXHIBIT p N. MAP TOACCOMPANYLEGAL DESCRIPTION ADLER INDUSTRIAL MERIDIAN BUSINESS CENTER SITE 32 M WATER MAIN- EASEMENT NUMBER 2 SITUATED IN SEYAM EAST SUBDIVISION fN THE SW 1/4 OF THE SW 1/4 OF SECTION 9 T3N R1 E BM CITY OF MERIDIAN, ADA COUNTY, IDAHC NOT TO SCALE LOT 2 BLOCK 1 SEYAM EAST SUBDIVISION 6.12 ACRE PARCEL E OF��GI1gN11VG I � I j cifl N 2.80 ACRE PARCEL N p�pA- LANES I W 15TER G�CoLl LOT 1 BLOCK 1 Q— 788 dl SEYAM EAST SUBDIVISION un iN W ��'\� i Z � I i E. FRAWLIN ROAD LEGEND EASEMENT CENTERLINE EASEMENT LINE SABLE — — PLATTED LOT LINE LINE LENGTH BEARING — — PARCEL LINE L1 47.CO' N 88-28'09" W RECORD OF SURVEY INST. NO. 2020-071 51 3 L2 84.00' S 1'31'51" W AND QUITCLAIM DEED INST. NO_ 2020-152713 STREET CENTERLINE L3 14.00' S 88'28'09" E — — — — — EXISTING EASEMENT =Page PAGE 1 OF 1 538 EASEMENT EX 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Sawtooth Landing Office Condos Sanitary Sewer and Water Main Easement No. A and B Page 215 ADA COUNTY RECORDER Phil McGrane 2022-001216 BOISE IDAHO Pgs=9 CHE FOWLER 01/05/2022 08:12 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0117 Sawtooth Landing Office Condos Sanitary Sewer and Water Main Easements No. A &B THIS Easement Agreement, mane this 4thday of January, 2022 between MR a Landholdings LL {'Grantor d 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 W14EREAS, the sanitary sewer and waster 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 goad and valuable consideration,tion, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and ;across the following described property. (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitarysewer 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, its 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 describedin this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2o 0 Page 21t r Item#8. 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: L &4� '(-am . (,ne,he') / I J STATE OF IDAHO ) ) ss County of Ada ) This _ record , was, acknowledged before me on 167 (date) by , 'ul"s l Ck c,"JOL ! (name of individual), [complete the following if signing in a representdtiv� capacity, o stri the following if signing in an individual capacity] on behalf of rIl.�Lt x l I± .ke (name of entity on ehal of whom record was executed), in the following r resentative capacity: of authority such as officer or trustee) _ 9 tam TINA CACOPARDO COMMISSION NUMBER 50398 Notary Signature NOTARY PUBLICf State of Idaho My Commission Expires: My Commission Expires--.------- Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 217 ■ Item#8. GRANTEE. CITY OF MERIDIAN Robert E. Simi ayor 1-4-2022 A �est by Ch Jahn ,,�C� , Jerk 1-4-2022 STATE OF IDAHO, ) SS. County of Ada } This record was acknowledged before me on 1-4-2022 (date) by Robert E. S i m i s o n and. Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Na&wW Notary Signature _._:.._:._.,..__.._._ My Commission Expires: 3-28-2022 CHARLENE WAY Residing in Meridian, Idaho COMMISSION##67390 Notary for Idaho NOTARY PUBLIC STATE OF IDAHO MY CiJMMISS[ON EXPIRES 3128122 Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 216 Item#8. Description for Water Main Exhibit "A" Sawtooth Landing December 14, 2021 A portion of the Southwest 1/4 of the Southwest 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Sections 35 and 36, Township 4 North, Range 1 West, Boise Meridian, and Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian from which the 1/4 corner common to said Sections 35 and 36 bears North 00014'54" East, 2637.56 feet; thence on the west boundary line of said Section 36, North 00014'54" East, 307.77 feet; thence leaving said west boundary line, South 88'46'14" East, 45.00 feet to the east right-of-way line of N. Linder Road and the REAL POINT OF BEGINNING; thence on said east right-of-way line, North 00°14'54" East, 20.00 feet; thence leaving said east right-of-way line, South 88046'14" East, 37.71 feet; thence South 43046'14" East, 33.36 feet; thence South 88046'14" East, 91.16 feet; thence North 00015'11" East, 25.61 feet to the north boundary line of a parcel conveyed by a Warranty Deed recorded on April 28, 2021 as Instrument No. 2021-067540, records of Ada County, Idaho; thence on said north boundary line, South 88046'24" East, 20.00 feet; thence South 0001611" West, 25.61 feet; thence South 88046'14" East, 55.17 feet; thence South 01013'46" West, 44.53 feet; thence North 88°46'14" West, 20.00 feet; thence North 01013'46" East, 24.53 feet; thence North 88046'14" West, 154.62 feet; PL LqNA s 5 \OENSF 1 779 UP12, Z E O �0p F OF YM MCCN Page 219 Page 1 of 2 Item#8. thence North 43046'14" West, 33.36 feet; thence North 88046'14" West, 29.08 feet to the REAL POINT OF BEGINNING. Containing 5,747 square feet or 0.13 acres, more or less. End of Description. �E NSF sG� tali+ c� 11779 �0p9rF OF QP p1 YM AA,r k Page 220 Page 2of2 Item#8. W 1/4 S.35 S.36 I I ROS 11964 - L2— L4 S88'46'14"E �A•. J 45.00' L8 4, s• F` S88'46'14"E 91.16' S88'46'14"E 55,17' I REAL POINT A�6,�`�6'• : I OF BEGINNING I 3 �i n ip N88'46'14"W 154.62' Lo -��� f0.13 ACRES Z ry J N W c0 I j\ LLI I inN I o L6 � w it z 0 0 InLo to Z I Fn :� Q DO z I SAWTOOTH LANDING I I I I I : I LINE TABLE . I LINE BEARING LENGTH S.35 S.36 L1 NO'14'54"E 20.00 • T.4N. _ W,_U_S_TICK RD. - \�NNL LAND L2 S88'46'14"E 37.71 S.2 S.1 T.3N. �\GEN,S,a L3 NO'15'11"E 25.61 cc L4 S88'46'24"E 20.00 11 779 L5 SO'15'11"W 25.61 Z(N CON9JF�lZ�QQ�� L6 N88'46'14"W 20.00 SCALE: 1"=40' Oy OF �� L7 N1'13'46"E 24.53 M. MccPM 0 10 20 40 80 L8 I N88'46'14"W 29.08 Sawtooth Landin 21-409 dw COM Eose.dw 12 14 2021 11:58:39 AM IDAHO EXHIBIT DRAWING FOR JOB NO. SURVEY 90 W.EMERALD 4 WATER MAIN EASEMENT "A" Y1-409 BOISE,IDAH083704 SHD (20e)a4"570 SAWTOOTH LANDING --[GROUP LLC A PORTION OF THE SW 1/4 OF THE SW 1/4 OF SECTION 36, T.4N., R.1W., B.M., ag CITY OF MERIDIAN, ADA COUNTY, IDAHO Item#8. Description for Water Main Exhibit "B" Sawtooth Landing December 14, 2021 A portion of the Southwest 1/4 of the Southwest 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Sections 35 and 36, Township 4 North, Range 1 West, Boise Meridian, and Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian from which the 1/4 corner common to said Sections 35 and 36 bears North 00°14'54" East, 2637.56 feet; thence on the south boundary line of said Section 36, South 88043'09" East, 665.63 feet to the southerly extension of the east boundary line of a parcel conveyed by a Warranty Deed recorded on April 28, 2021 as Instrument No. 2021-067540, records of Ada County, Idaho , thence on said east boundary line and the southerly extension thereof, North 0001711" East, 156.53 feet to the REAL POINT OF BEGINNING; thence leaving said east boundary line, North 89041'45" West, 11.03 feet; thence South 00018'15" West, 68.99 feet; thence North 88042'22" West, 150.09 feet; thence South 01013'46" West, 42.38 feet to the north right-of-way line of W. Ustick Road; thence on said north right-of-way line, North 88043'09" West, 30.00 feet; thence leaving said north right-of-way line, North 01013'46" East, 74.38 feet; thence South 88°42'22" East, 19.68 feet; thence South 01013'46" West, 12.00 feet; thence South 88042'22" East, 140.08 feet; thence North 0001815" East, 68.64 feet; �Npl. LAND 11779 cn�I2V y/Z�Z E�° �0p9TF OF YM MCCN Page 222 Page 1 of 2 Item#8. thence South 89041'45" East, 31.02 feet to said east boundary line; thence on said east boundary line, South 00"1T11" West, 20.00 feet to the REAL POINT OF BEGINNING. Containing 6,702 square feet or 0.15 acres, more or less. End of Description. O GE NSF sG� Of 11779 n N9 2/��/Zak P� 0 TF 0 F YM MCC. Page 223 Page 2 of 2 Item#8. W 1/4 \ONPli- NANO s LINE TABLE S.35 S.36 ENS G LINE BEARING LENGTH • G I o L9 N89'41'45"W 11.03 11779 c' L10 N88'43'09"W 30.00 CO 97.E QP � L11 S88'42'22"E 19.68 \ O OF O Y L12 S1'13'46"W 12.00 4f mccp L13 SO'17'11"W 20.00 I I I - - - - ROS 11964 — — — — — — — — — — — . I I I I I I S89'41'45"E 71- 1 SAWTOOTH LANDING 31.02 J Lj m N I I REAL u- w I ( L9 POINT 0 w OF V) I BEGINNING N I m Z L11 o a, •N 00 �o 73 S88'42'22"E 140.08' tO o I ' N 00 w I u7 N88'42'22"W 150.09' Lo �? t0.15 ACRES ro I M 00 co w I o Of Z N I W z Z L10 - - - - - - - - 0 I o: . W. USTICK RD. . S.35 S.36 T_4N. - - - S88'43'09"E 665.63' T.3N. - - - - - - - - - - - A•• S.2 S.1 - -�'- - - I I I N SCALE: 1"=40' 0 10 20 40 80 S—tooth land;n 21-409 dw COM E.—dw. 12 14 2021 11:56:26 AM EXHIBIT DRAWING FOR JOB NO. IDAHO 21-40s 9955 W.EMERALD ST. WATER MAIN EASEMENT $$B" SURVEY BOISE,IDAHO 83704 (208)846-8570 SAWTOOTH LANDING GROUP LLC A PORTION OF THE SW 1/4 OF THE SW 1/4 OF SECTION 36, T.4N., RAW., B.M., Page 224 CITY OF MERIDIAN, ADA COUNTY, IDAHO 10 6 2021 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Gander Creek North No. 2 (FP-2021-0051) by Kent Brown Planning Services, Located on the South Side of W. McMillan Rd., West of N. McDermott Rd. Page 225 Item#9. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: January 4, 2022 Topic: Final Plat for Gander Creek North No. 2 (FP-2021-0051) by Kent Brown Planning Services, Located on the South Side of W. McMillan Rd.,West of N. McDermott Rd. Request: Final plat consisting of 48 buildable lots and 9 common lots on 11.71 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 226 Item#9. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/4/2022 Legend DATE: Project Location 0 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2021-0051 Gander Creek North Subdivision No. 2 19 LOCATION: The south side of W. McMillan Rd., approximately'/4 mile west of N. McDermott Rd., in the NE 1/4 of Section 32,Township 4N.,Range 1 W. TF I. PROJECT DESCRIPTION Final plat consisting of 48 buildable lots and 9 common lots on 11.71 acres of land in the R-8 zoning district II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Dr.,Meridian,ID 83642 B. Owner: Union Square,LLC.— 1548 W. Cayuse Creek Dr., Ste. 100,Meridian, ID 83656 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0083—Gander Creek North Subdivision)in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat as required. Note: When the preliminary plat was approved, an overpass was conceptually planned on McMillan Rd. over the future SH-16. Since that time,plans have changed and SH-16 is now planned to go over McMillan Rd. This may enable the out parcel(Parcel#SO432110050) at the north boundary to Page 1 Page 227 Item#9. redevelop in the future with buildable lots; therefore, access should be provided to that property in accord with preliminary plat condition#2k. Fencing(chain-link or wrought iron) that complies with the standards listed in UDC 11-3A-6C was required to be constructed on the south side of the multi-use pathway along the Five Mile Creek for public safety per condition#VIII.A.3e of the preliminary plat. The Irrigation District will not allow fencing between the pathway and the creek so that condition has been removed. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 5/13/2019) PRELMNARY PLAT GANDER GREEN NORTH SRBPN MM I I it - I Page 2 Page 228 Item#9. B. Final Plat(12/17/2021) PLAT 5HOWlNG ..............___ c•A%-r])FR C'RFF'IC VORTH S Ii1?B1 i J SJ0A: A 0. .. Xeyy2'p11y 264273 -"'-"'•-•. LOCATED IN THE IE 1/4 OF THE NE 1/4 xaI ............'..' ................___.._" [1F 5ECTIOR 32,T.4N.,R.1 w.,BOfSE _ �_�__ w lIp13A1V1 rmAn 3Py00....._...._w a YEAOAN.CITY OF MERIOtAN,AOA COUNTY,IEUWO aee-u'oi'c a2lcex''-_ --- - �usxm'E z2a.0 '�� 2027 NOTES: ��IrilT OF 1. A tm(10)Mot side Pfe I,Wiao4on Eeennenl fe m-or the cdndr Dive mo- ea Asaocavm EEOtX1ar16 ens a Pnn'im !PW11c utilities ono Pmaarty PWnPa,Ewernme le ii of y deelgtoled dmg o11 lo!,nee Y i 56 ii [ 1u Rlgl-ot-woy me Hoeg ml rew lot M-A Arc(5)Mo[,die Public Vlltiee end N82W'1III 1i2W' I© N � - r d �y❑dMoae E-1.ie her,b'deeigteeed dlenq eaoh aHe el interlp M1 IMm Mrno.alarrlo, N073a•41'E 110.I7t�r O FO 11 19• t3 14 t3 j ]. Aw lme of Lots 11.18,]B and 27.91ttR 2-oil N-12.HIOck 2 e1e aefrNTlt to and-IC th 1r ACHO Sieem Wetw Mdneae System.none rein ere r„Grree Ny INet cvloln murts Peryet-1 Siwm Ims94Y8'w 129 ___ O 7gter halnWe E'- -1 rrcwdetl an IN,2.2004 w I,otr•1 Nn t09Ri259 and fret Amended XDT'S5•i}Y 5'3�00' ` $ + Sedatx PeryeN.ol slum Yfoler lkomoge Eaae„ent recorded m Non,mhx 10.2015,w Ieebume,l No. _NL 201rr10325fi,INNsid NeeoMe er A.' We fneaeypotee NmrT ey N�refranp oo If,et WN In Id NII[Ne rAloeta EwwltanS'].Tltr Hotter Ev[emenS I'd 11,Stan'Muter LY,Foge Syelmr me dediedied HSTtlO'a9'E=9.15• +I I to ICfla pursumt to Seeelon 10.2302 Idaho Coda The Ymter Easement Ie Itr Ibe j,'_e,ens N07W41'E 38.84 1 YNnlmonm er V,e 3!mm Welei peNe�e System. O 1 CANCER CAEEx rgRTH 0 f1 19 I$ J my RtSu n of lots Rol droll 6e n complimice with 1*I,moe!re,siNy wpowd wb6.iaen a iieo 54FR,HSIIX4 NO.3 5lmd,rda of Me City or Meriden. PACE r O 18 4 ghle davdormnl tern k-Idaho Code Seetlw•22-450.3,Hght ra form ocl,,forth eldt, 'Ire .�,, Id-t-t-time ogdcaltud Mcirt ntr wgMmm Wereef N,dl m 01 aecerl a•11 M."w Q l'^I puNc,ey y opts�merclma m w sour rn.airruw,en0 iwnoprlcuttwd octl1 �eRr it Me Been F;i 4 15 yyyYY,,, p n opwatlrn for mpe teen me f1)1*w•'fie the opemtlm,(ocYly«e,eeneion woe not o nuamnce¢[ 9AHC[R CAfEf:"1H j Ne lime 14 begin w xoa ansWuled.nI,PeMeinne of tare eeetW 061 Hat eppY Hein a nnllma SIbL NSON H0.t a 14 ® rr�Its ken tM myope, n of a,apkWWra1 Wsretlon,ogrienlwnl forlll,y or B]Olf PACE A�� O 9 O Q ti r e�dnelm Ihseof.' cJ] 1r 3 Meiatmanee or m,y wigolgn w R'aAwpe sips ar Orcy,yppary,g a lot M the req,ondhlllly of}he lot i>2 O D © i ew�el,n1.0 arch r.apmemr,ly i.mruned by ee lnlgotion/Adnoge ol.lnel.lrcigorm rat«nee ewn i 6 ProNded on Sold-lrry tti olefrice n raeplioeee rilh Idehe Cede Sno9on 31-390Z(1)fb]Lola a[mIn Sel febdMWH 1 W anralae la Irrl9etlw,„peer Rlq'ee.ooe rls he OhNgoted Rx Aseeeanenle Iron Sat1y,1rt19e11m DlalHrL J f1 QI Meet ml et 1 w.1Md "Need 1e p Iftllad. N2B31 S3'W�•�� d ]. the bo[tvn tle,atlw o eLaaWraI Mohr',dtdl td net a MMiMuln M 12-Yi[hee®or'e SM alpleat N131T47"E 57.0q�� S 10 O eetnbinhed nwrndl Gfeand ftt,Y ferel S•!6'i2'tTE 10b4' ----�-_ ' j b. sate).12 It 21 rrd.w.looto>_late,and A dix 9 m4 Iate 1 end a.Ffleu I Co cemmen MS%Y4YE 716p0`,; Xt A9�. Q pta we. )rct to a pan NWlctutANy�yo-tn er Lriek Hem.enrr'a aawai¢t1p•.Al aerr+np Ygoum eofemmt Q ~ �, `-' 9. kd,o Po,rtr Eaemten!-See ItwL No.200301983 O "38'w 30.2Y W41'e'45.22' in. AMD Pamwtrnt Ememenl-See I-L No. �- v 71 ® 29 r�5,pm.�..A,w�. 11. ACHY IJca,ee Ary4,ryen[-Sae Nat.INN -4v.2'3y 12. City or M-1.,ye4r&SewQ Eee.e,td,l-5m Imt.No. flit e',, r-_ 72VWV 97,24' 13. 4eHSoo Nth—E9pment-See Inc,.Na. SCE Itl0'4111 7.42' 14. AfJ10 Pemwnwtt Eeeemx!-See Iml.Ne. is. uaoge meunmi o,nh dnIt dlmmdmm m W.Alol Mr Lo4,18-27.Eiodt 2.Slae>vd(,Hess In these isle eon m,la,d W fee rW ai bum C.".or edeemeel)• 1� 11 50 IDfJ 20Q 18. A lren[y[20]Mat oaceaa,ogee,and a Tg ,edsanenl n her,y deeiotdtea do Let 1;eaeer 2 to tM bmMi of!M ddJsnMg nerth yreeeny ens ee dell-rod and rafeunce w thin Plot SCALE IN FEET crG'Akn drn T-I, LLrre reel, 7'-11)0' Qeunl Mn' _ eecne,err n Iha4• nal2enz nrar arsr �„' aria• Nu-nests =Haar - -- u,N[m Note I) re ,Inca e.ea ss�er NorW n =rx,a- meeseYt =,: a ins salve ucus Iro>mf 11.779 e..w ,esv rrx ,,,e+,k.•e ,ri>ar• m.ea a1�a dasr I«a•s,•.rw �a•ar wr � �.ee•tee, I.•.E ae, Wan ----- q+Z�rl rga ,o,oY ¢ s'•q xero,,,"E 1S,rae• 2w emssx'e na'or V ww'll^ moa M 000el9 ♦6.T c day natr ,al.l0• ri.W aAEr fa't<0',4'w ts,rde• cm m ay.aY xesabY[ earoew LS 9dcaYao'r tDum ita fe9•STTR ,}b.60• ,aa,' r5.5a' rgyr•,t'f; e'S6m' Cr min ss ,e' 9a�rW ssoYdT Le e,ra]VIY �ae.ar In e149r•1re A.fr © IA1 IIaI�EER [bpr ef' KrYS trrf ,mar r,a, esnH xm .oar a¢ar [ardYa?r svar.fY rc0]7"'[ 1W.W =1. ,intern, Srr .. XNIis' xprz 2 o,,w[nrsaat 71.ar her sa11Y excvo' cx3 mW -W ei." aedttlw'w repay,• ,µsu,•,e•r Nx�s4r[ se d msy m derarm smeve• aada ton w.tr ,w,epaw ,wlm• wera••*x xa4 leruet-+ nr.su o,•u.An,axh 5HEET 1 OF snow onpa jmw rraw Ieaw•rn ,er 'w sszx•w. n.n- W-19e m.r ' w'T 11 11 ear nm xar 9u�rryc arn-av cm MN� rr.�nvrr ,-+tora5zw•h'I>w4,Sa2Y N�sexs,r• 4� , �m�arf , : �ailey Engineering,Inc. am.yrsrereNs)NEERINOIPLINNINo[GAD0 1r„wrrE im,rdr Arare r..pr wd cx.ni rnr Page 3 Page 229 Item#9. C. Landscape Plan(dated: 12/17/2021) Lei r a� W=•'-- . N A MGMLL ROAD . �a+r j _ r�7 GA RER RrmE : I� GAM1Ii EI tf o �NbR 'H. { 1.1� x i �- f - ❑ N Cn uj I w wor�s - 0 — o F .E'—E_.Rim Tn Pfi�Paw a = a_R# a r _ _ T 14v, V III �`�` � 41 � „y + y� • l 6 w - �e ------------ •�:h�. ,III z W l �7 z + W o m.., o p -- --• N w ❑ N ' YATCHLJF U W a � PF4hY scH�PUL� I,orE`';- J o 0 U. WIIYW ....III I-I IIII.III Z a o Li - L� Page 4 Page 230 Item#9. _ FUTCIlIIE Lt gge�e'I MATG{lJE L2 41 $ c n �_ IIIIIIdiIII, III .I II,III ,,, �■■sa d[3 S I 1Y �fYi I LI Li A w fl•I�h"II�I�C HI til,L.0 NOTES I .�`., } . ��. KEY YT.P 17 Isn w II,I I� li I'I lxl iI II __ __ TO „ ,I,,,II ..IIII I IIIIII II IIIIII I,I,II I II � --�E'-IM�- -- PLANT 5GHEDULE �a �� it i� .�•..' � II n IIII n�lll I,I � � 1$1� +�F� ewv, m,e w.r rmr xlemiv. �"X°L11 IIII ;;,;; •.IIII II Illil IIIIII II IIII ill Il.li II,II II I,_ II,.I •VINYL R2—Y—E .�. III II, IIII II, it II-I -IIIIII -I III hih T. , Irl II IIII I.11.. III II IIII,��II'I I!li rywr�l M+.•n F N.VTC�- ..II{:.1�f�l_RHTI W_� �Ilnl�lil IIIIII I� II.II IIr I I,Illi 61 R�NL,Wll'IInITI»`Am'II FFI II'I hNll��nwl. IIII. II li l��n'In 111111n, ? 1n .l �,. rr,r 'lirl'Illlfr'I.,II,I,I III,,,I„I, III I„IIII,IL,I J MilW �3, f1•.l.11l 4:.. I•I I.: Y u 9 S IIII III li _.l w Ali .Il llil��i,l�I�i it lin LRNI75''ll I'll,ll`AJ I, IkOIKS IIII �t � �o _ II II I vAFE 7 "IIL...... 1 3 _ uILIII.,MR II,L III,. „II „II J I II Ills I I ,r _ III II a Sul F �.•1� ,�,,,,, [�rrl�:u�:n I H.1•:xrrc 161 Lr.lixx.wr rwErra• IIII ,I I,I ICI ..IL.,,I_IL,,I III. (q� VRa151RIRa1F—E �p .Euy'E�elL zi - U cT..i...�.� Page 5 Page 231 D. Open Space Exhibit CONCEPTUAL OPEN SPACE FLAN -GANDER CREEK NORTH SUBDIVISION NO 2 I E.-LI FFE H. E E E I E -U -1 - E H E E E LEGEND VIA ACREAGE TOTAL PARCEL-11.i1 ACRES TOTAL—INGUN11-- GM DER CREEK NCR� COMMON LOTS-9 M13DIMSIM NO-1 0.VERACE LOT SIZE-SI11 SQ.FT. D N—DI—RE-4.10 Be � � GROSS OPEN SPACE IHDAI-1.56 ACRES �-)' N < ol z Z G -1 - E -TE,- W Q 3 E E ElE E.7 a) D 0 0. Lq IS > Lj 0 < eye c.o YCNE IN FEET ff- 1. 1fa OS mm aye c.oM Page 6 Item#9. E. Emergency Access Exhibit Approved by Fire Dept. ■■ ,r►� GANDER CREEK NORTH IandproDATA PHASING PLAN Valle F MIT PH #3 PH #1 PH #2 STRE T - C O_ : 7CT _ BE EN _ THE III'O P S NORTH SOLT�fl 'I Ll �Qwyh Hi h Suhvul Li F- 43°37'57.9B' N 116°27'3G.6D"W I°o❑dsl�v;.4 i 1 Sep 23,2021-IandprooATA.com The materials available at this wehslte are for Informational Scale;1 inch approx loan feet purposes only and do not constitute a legal document. Page 7 Page 233 Item#9. 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-2019-0013; DA instrument number 2019-060657). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat,or apply for a time extension,in accord with UDC 11-6B-7. Gander Creek North and Gander Creek South preliminary plats are allowed to develop as one project in accord with the phasing plan for the overall development, per the DA. 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 Bailey Engineering,Inc. by Cody McCammon, included in Section V.B shall be revised as follows: a. Note#2: Include Lot 12,Block 2 as also containing the ACHD storm water drainage system. b. Note#10: Include the recorded Instrument Number for the ACHD Permanent Easement. c. Note#11: Include the recorded Instrument Number of the ACHD License Agreement. d. Note#12: Include the recorded Instrument Number of the City of Meridian Water& Sewer Easement. e. Note#13: Include the recorded Instrument Number of the Meridian pathway easement. f. Note#14: Include the recorded Instrument Number for the ACHD Permanent Easement.Is this a duplicate note (see Note#10)? g. Berm detail on Sheet 3.4 of the construction drawings: Increase the height of the berm to 6- feet per requirement of the development agreement. h. Depict local street access as set forth in UDC 11-3A-3 or a common driveway meeting the standards listed in UDC 11-6C-3D to the out-parcel(Parcel#SO432110050)on W. McMillan Rd.per condition#VIII.A.2k of the preliminary plat. i. The use easement described in Note#15 and graphically depicted on the plat is supposed to go to the top of the berm to the wall; it appears to stop short of that location—revise accordingly. 5. The landscape plan prepared by Jensen Belts Associates, dated 09/20/2021,included in Section V.C, shall be revised as follows: a. A minimum 35-foot wide street buffer is required along future SH-16 measured from edge of right-of-way to the wall/fence (typically fences are required to be placed on the interior edge of the street buffer per UDC 11-3B-7C.2c but in this case the wall needs to be installed at the top of the berm in order to comply with the noise abatement standards in UDC 11-3H-41)).If the common lot needs to be widened to accommodate this requirement, the plat shall be amended accordingly. Depict the edge of right-of-way on the plan. b. Increase the height of the berm along the east boundary of the site from 4-feet to 6-feet tall with a 6-foot tall wall on top of the berm as proposed per requirement of the development agreement. Page 8 Page 234 Item#9. c. Depict local street access as set forth in UDC 11-3A-3 or a common driveway that complies with the standards listed in UDC 11-6C-3D to the out-parcel(Parcel#SO432110050)on W. McMillan Rd. per condition#VIII.A.2k of the preliminary plat. d. Include a detail that depicts the centerline (or estimated centerline) of future SH-16 in relation to the top of the berm/wall verifying it's a minimum of 12 feet higher than the elevation at the centerline of the state highway as required by UDC 11-3H-4D.2,per preliminary plat condition VIII.A.3b. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. e. Depict a use easement across the back side of the berm on Lot 16,Block 2 adjacent to future SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm per preliminary plat condition#VIII.A.3f. The use easement depicted on the plan doesn't appear to go to the top of the berm. f. Depict off-site landscaping on NMID's property at the southeast corner of the site as depicted on the landscape plan submitted with the preliminary plat if allowed by NMID through a license agreement. 6. 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. 7. The rear and/or sides of structures that face W. McMillan Rd.,an arterial street, and N. McDermott Rd./future SH-16, an arterial street/future state highway and entryway corridor, 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. 8. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-II C. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. A floodplain development permit is required to be obtained from the Public Work's Department prior to any and all development within the floodplain. 11. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway; coordinate the details of the easement with Kim Warren,Park's Department. 12. The Five Mile creek,which lies on land owned by Nampa&Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. 13. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement(inst. #2019-060657). 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. The submitted streetlight plan does not meet the requirements of section 6 of the Meridian Design Standards. A legend needs to be added to the streetlight plan. Page 9 Page 235 Item#9. 2. Streetlights are required on McMillan Road. Spacing and type must be approved by the Transportation Coordinator prior to approval of the construction plans. General Conditions: 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Page 10 Page 236 Item#9. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. 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. 18. 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. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. 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. 21. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. Page 11 Page 237 Item#9. 25. 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. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 12 Page 238 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Gander Creek North No. 3 (FP-2021-0052) by Kent Brown Planning Services, Located on the South Side of W. McMillan Rd.,Approximately a Half-Mile West of N. McDermott Rd. Page 239 Item#10. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: January 4, 2022 Topic: Final Plat for Gander Creek North No. 3 (FP-2021-0052) by Kent Brown Planning Services, Located on the South Side of W. McMillan Rd.,Approximately a Half-Mile West of N. McDermott Rd. Request: Final plat consisting of 54 buildable lots and 14 common lots on 16.06 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 240 Item#10. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/4/2022 Legend DATE: Project Location 0 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2021-0052 Gander Creek North Subdivision No. 3 19 LOCATION: The south side of W. McMillan Rd., approximately %mile west of N. McDermott Rd., in the NE 1/4 of Section 32,Township 4N.,Range 1 W. TFTFF I. PROJECT DESCRIPTION Final plat consisting of 54 buildable lots and 14 common lots on 16.06 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Dr.,Meridian,ID 83642 B. Owner: Union Square,LLC.— 1548 W. Cayuse Creek Dr., Ste. 100,Meridian,ID 83656 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0083—Gander Creek North Subdivision)in accord with the requirements listed in UDC 11-613-3C.2. Because the number of buildable lots are three(3) fewer and the common area is greater than shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat as required. Note:Fencing(chain-link or wrought iron) that complies with the standards listed in UDC 11-3A-6C was required to be constructed on the south side of the multi-use pathway along the Five Mile Creek for public safety per condition#VIII.A.3e of the preliminary plat. The Irrigation District will not allow fencing between the pathway and the creek so that condition has been removed. Page 1 Page 241 Item#10. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (dated: 5/13/2019) PFE=ARY PLAT GANDER ORE$k NORTH 3Q9PTVMIOW r ^. I Yam.._. •,, � a ��,.,��`L � o � M Page 2 Page 242 Item#10. B. Final Plat(not dated) PLAT SHONI NG GANDER CREEK NORTH SUBDIVISION NO. 3 HE 1/4 "o Wi°n 3iw z asA xueio .cur ar x n. I N.5'Si'Ipt SA °°e'xYol'w°�s.w p tope v�eutrtt"�meP°o ,,,c°t'm 9 __ k15)Ym�':,a�°r.nx.° s,... u[rci.'''mae , q 9 A, °�I,,.11.,._ m� © O � s„a u , J O .nM.et d LEGEN9 _- - — ZII _ �a� CIA 7729 os .r re r 111 d`" ea SHEEF,OF e �alley Engineering,Inc. oo CmEEncInEEAIxc lPlanxlxc lCADD GANDER CREEK NORTH SUBDIVISION NO. --xs_L_ $el'- --l\'�•.E ._t tOS[laa- _ x - '•t n �.I.a apy59r r-rm��:ti -1� �-+muati-n 17 q R 60 SCALE IeO�Er `--•a°°___� —�u.r,i �e— WNrNL s,,S�Il q © A.SAS O i�yRlr__O__ RI 1l'/• rRns A --�I�' al O' al ;', ® 0. -���� ,'.i ' � '�° H •,� � � 7729 O N%1E s cuxrE_ z _,A,°a c u, � SHEEP 3 OF ailey Engineering,Inc. CmL EncixEenlxc I Plnnxlxc IGADD Page 3 Page 243 Item#10. C. Landscape Plan(dated: 07/19/2021) _ �E W.MCMILLAN ROAD u Ld !I P, A GANDER CREEK GANDER CREEK i o N NORTH NORTH ' F w NO. 1 - �I NO. 2 a EREW W o GANDER CREEK ' a > 0 SOUTH_- _ - _ Z = Q p W J o 0 NOTES V a Z ll O � 1� F 10 y G qE 4 11• --- -- -- ---- g'' UL I IBLOCK III 1 -�-----�. i IBLOCK RI d (� l � � y L z W Lj y +«rx z �I r.--• �..._tATLHLINE LI r m J MATGHLNE L2 _ Q N W Z = a W NOTES J z O III"h ,,, , iiii wx �.• i KEY MAP J w V , au®�gBWE[WA a V a ILL i, iii iiii in i, ,x� ww Ye.«ruw I, J J JEAC K® Page 4 Page 244 Item#10. _ /. �ATCHLINEE L1 ` S Vi iN Ja �7"i —_ — MATGRNE—3 11-— —— ———_— — -) AN x w 1 uu y I z W Ld .I r �,1 _EST, a w S^ r-F__ F'LANT sr=1 II nLl.C do I I c ® Q w } KEY MP JCL � (� , s _ - IL caa m. - s!F m �•1 PLANT 5C-H=IJLP W - > - U._ ,... "PI-4NnNsi rAriw� N ux`IF- p$ �do�. •r.win., r rrir r rn.r.rrmr., B 5 r F Q ? 0 NnTC:: CiSHWVB PI/.NIING e„v„> •�-,•• i ii xi�n x.�i.enew,.«rrne.,��eeru. V) Q1 J W Z S o 0 LANDSCAPE CALCULATIONS z 1 iY P". 3lf'�ANl N2 cul Htti tULI ,iiev....o.A.,n.r���rr._r.r......nn:mwa=r.n. i.iiixi ii ii iri-xii ii ix.x irx ii ni ii-r ii. Z z Page 5 Page 245 Item#10. D. Open Space Exhibit _____-__--___ - — _ ----- CONCEPTUAL 6PEN SPACE PLAN ------ --- -- --- GANDER CREEK N6R7'H SUBDIVISION N0. 9 ra'eecaEON ax,r.x.,alx.,a>t., = d ;I':EPis.LF<%3..FFE: ciar w�raxsne row.n.maaa m m _ ATH'NAY/OPEI`- •,K: ® � ��• - i LEGEND ; CCMMON LOT END C'I, ACREAGE e� IIIr � . � � TOTAL PARCH-16.QI AQXFS �•' g N � � 1 !� Tani QwELUNs unrrs-se �� euanAelE�oTs- GANDER( EET(NORTH SFRESIDENRAL-51 5UUDIV151CN ND-1 DOYYaN LOTS-1< p ENG CAP MINIMUM LOT SIZE-i039 SQ.�- 55 y � = n � COMMON AREA�2.E9 ACRES F E\ 'a i k GR0. DMNSPACEjNW-2S3AGRE �j k r J + I ® W FEDOFEN SPACE- ACRES Be q 11 1 f Q o z j o J z 11 R ND C"—P/ I-AGE uesw+Se ® ® LL If + PATH'nAY/;•-AI'•-a; EL I•�� III A, l - _ N O Fj ` { ~ W r I E—LI'f FFE::_/= �� wall/jun.i LL O Z W Y 0 w O J n Z < F Page 6 Page 246 Item#10. E. Emergency Access Exhibit Approved by Fire Dept. ■■ ,r►� GANDER CREEK NORTH IandproDATA PHASING PLAN Valle F ell IT PH #3 PH #1 PH #2 STRE T _ C 0:1C CT _ BE EN THE {'o-: P S NORTH SOLT�fl } �Qwyh Hi III Suhoul M. 43°3757.98" N 116°27'30.60"W I°o❑dsl�v;.4 i 1 Sep 23,2021-IandprooATA.com The materlals available at this webslte are for Informationa I Scale;1 inch approx loan feet purposes only and do not constltute a legal document. Page 7 Page 247 Item#10. F. Letter from Nampa-Meridian Irrigation District From: Greg Ctutis Sent: Friday.October 15,2021 11:52 ANl To: Shaven Brownlee<s1aw•n trilogyid.ihD,cant Subject: RE: finder Creek ha%vU NMID weds Every bit of room on the south side of the proposed pathway to maintain the Five Mile Drain,this is why we required all the landscaping to be on the Nortb side of the pathway. We will end up v�ith atu e(piipment on the pathway as it is. if the fence and trees go m wee will have nowhere to work from. Please tell the City we will not allow the fence or trees south of the pathway_Please let me kaow if you need something more formal than this email? Thanks. Greg Greg G Curtis Water Superintendent Nampa& Meridian Irrigation District Shop 5525 E.Greenhunst Rd_Nampa Idaho 83686 Phone_208-466-0563 Fax_205-463-1)183 Website:www.nmid_ara Page 8 Page 248 Item#10. 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-2019-0013; DA instrument number 2019-060657). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat,or apply for a time extension,in accord with UDC 11-6B-7. Gander Creek North and Gander Creek South preliminary plats are allowed to develop as one project in accord with the phasing plan for the overall development, per the DA. 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 Bailey Engineering,Inc. by Gregory G. Carter, included in Section V.B shall be revised as follows: a. Note#10: Include the recorded Instrument Number for the ACHD Permanent Easement. b. Note#11: Include the recorded Instrument Number of the ACHD License Agreement. c. The professional land surveyor shall affix their signature and date to the face of the plat sheets. d. Include the recorded Book and Page numbers of the Gander Creek North Subdivision No. 1 referenced on Sheet 1 of the plat. 5. The landscape plan prepared by Jensen Belts Associates, dated 09/20/2021,included in Section V.C, shall be revised as follows: a. A minimum of one(1)tree per 100 linear feet of pathway is required adjacent the multi-use pathway along the Five Mile Creek as set forth in UDC 11-313-12C.2.IfNMID doesn't allow trees within their easement on their property, a common lot should be provided on the subject property to accommodate the landscaping. b. In the Landscape Calculations table, include the required vs.provided number of trees along pathways that demonstrate compliance with UDC 11-313-12C.2. 6. 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. 7. The rear and/or sides of structures that face W. McMillan Rd., an arterial street, and N. Owyhee Storm Ave., 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. 8. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11 C. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. A floodplain development permit is required to be obtained from the Public Work's Department prior to any and all development within the floodplain. Page 9 Page 249 Item#10. 11. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway; coordinate the details of the easement with Kim Warren,Park's Department. 12. The Five Mile creek,which lies on land owned by Nampa&Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. 13. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement(inst. #2019-060657). 14. Submit a copy of the"final" street name evaluation letter with submittal of the final plat for City Engineer signature. Make any necessary changes to the plat. 15. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The sewer main in W. Quintale Street should match the existing slope of 0.44%. 2. The submitted streetlight plan cannot be reviewed because the legend does not describe what is existing and what is proposed to be installed. An updated streetlight plan will be required to be reviewed by the Transportation Coordinator prior to approval of the construction plans. General Conditions: 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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 10 Page 250 Item#10. Development Department website. Please contact Land Development Service for more information at 887-2211. 9. 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. 10. 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. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-413. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. 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. 18. 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. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. 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. 21. 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 251 Item#10. 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. 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. 25. 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. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 12 Page 252 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Southridge South Subdivision No. 1 (FP-2021-0059) by The Land Group, Located on the South Side of W. Overland Rd., % Mile East of S.Ten Mile Rd. Page 253 Item#11. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: January 4, 2022 Topic: Final Plat for Southridge South Subdivision No. 1 (FP-2021-0059) by The Land Group, Located on the South Side of W. Overland Rd., 1/4 Mile East of S. Ten Mile Rd. Request: Final plat consisting of 76 buildable lots & 8 common lots on 16.99 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 254 Item#11. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/4/2022 INTERSTATE1� DATE: TO: Mayor&City Council — w.ovERv,No Rn FROM: Sonya Allen,Associate Planner 208-884-5533 T8#1 PROJECT AREA TB SUBJECT: FP-2021-0059 IM Southridge South No. 1 LOCATION: South side of W. Overland Rd., 1/4 mile N east of S. Ten Mile Rd.,in the NW 1/4 of Section 23,T.3N.,R.1 W. I. PROJECT DESCRIPTION Final plat consisting of 76 single-family residential building lots and 8 common lots on 16.99 acres of land in the R-8 zoning district for the first phase of Southridge South Subdivision. II. APPLICANT INFORMATION A. Applicant: Jason Densmer,The Land Group,Inc.—462 E. Shore Dr., Ste. 100,Eagle, ID 83616 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 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 is the same number of buildable lots and common open space as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Note: The City Council approved a waiver to UDC 11-3A-6B to allow the Ridenbaugh Canal to remain open and not be piped with H-2020-0083. Page 1 Page 255 Item#11. 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: 12/7/2020) Vklratr lYXP: A uj (/rr.r....... ---_ ___� ..}�yW.ftlI d Road 'BASIS OF L� mna neLR�XX ®,,. � In Xetd-Pas 471 11 ,� ! a • \` � rr.:. XOI-X-PH � r � ..mw .rc......wiaa . ti[�,. u.®.. � .r .�•� I"'`.��P n r(/.' (SXu[M1XEge ZgYdlrislXn Xa Sli .e....e.... ....m.®.�.... § * i d� g �l a�•• � � � " 'sa a it ram_ ..r�w� YalY to ZURdria.n Yal1Xm SVdrY�XaY �• •\ •,��'•," M��� ,�r�.. .' .;gym.,.. � � �- ,..�.�• _ 'I'Ij asps enra snea�riann Preliminary Plat-Project Overview 'Bn Ram Zoning Pequiremen� .a PwpeM1y XXnler: m i�ea.... r.rm,v�r..m.,,.��. „..�. �'}row,lanattaee YrcYaecL Planner. PP1 Page 2 Page 256 Item#11. B. Final Plat(date: 12/6/2021) Final Plat for Legend: Southridge South Subdivision Phase 1 F o 'REb.P M�o OHAE° NDwN Located in the Northwest 114 of Section 23, G YREE EW RA TLLAP.PLGr Township 3 North,Range 1 West, Boise Meridian, W EDEHER�EEH� �FUETG W.P�E° WL:RM .o„gym City of Meridian,Ada County,Idaho _- ——— uDNur®PoIN.N E -BASIS Baa 2 E.15 18.IA L LL W8FI1oi19��10 sECllou uxE --_ 5ll IS ___ 202 W.Ovellantl Roatl x,a DN EGNNDAxruN s.C.CE xTERuxEwDlxEAus` 3is I' NV9 giy / LANAI EIGEAEN,INET.Na S D �� VNPLATTED EIGHT THAT TINE Tae CR Table f-' -- c, m Noo.'IEE I-LINE G gl f i b 5o m" [' \ w Ag 1 >o's,•F S"'F a unE ------- EASE NFm n e B [4 ofDO "L 0 Q RN /o��/ — — TEDNE P WCIIEGINNR]G I _ / O L 1.1ER f 1s /, $ smlx.t•-tar Notes: FF{y OO ~ .x� ' unuimauP"AOPGOErmHouil°usENw,oLPAOP"'EgirwwlsanINF IMIIII'u°Il'u PIETlEss au°xs�ou oxoTMEmvs�si ZA / s"'f3 I RAA�I LAGE�ANOIEEIGhnox EfSEpENFSAAEAEEEEVE➢wR hiEsoLgHEIOGERE9oExrl4L xoMEowNEAS� 1 :I a �� F MEN ERESEN gwq E11-RIgIEgE51NEN HGN ow Egs sso I4nIN ,pad, 11 1e2�f1 I O O I \�\ !f"O RHE ISi PoOTWINE PNgI1L MLgIES,PgOFEgrYNRNN4GE ANry 77 ff � N+sE 9NU IRH1G4nuN 2 f r r O _ � � �I 3 TENnN H>mYAGEPELNAnEm 1 fl I 1 z O I \` (g gl xCMEDwnEES AssCraAnCN ERlsNnon EASEMEWrs ARE REE—C wE THE—ENICCE III , !il Q 1 1 f raNr=,O 43 n3 aan 1� c�sv a1C,r xss�en,�E array nr G11 201.12 1AI1.OP 15KB[Q' N1825[N4 IDT31' n�l I I ,p f 1 4_ EGUTAI'q hTTHEIIMECFIS21=OFIHE HVIWIxG PRINI,w AS�ECIIM.N,LYAPPEWEDSNµm�IYIEgX I ! r Q 5eW RwNlgEgemN m� 1 srf 0 0 ' ; ILO.a 5 R6�pMs uHINNGF THIS FUTN ALLGOwHORN 10 THE U AE E LA Gx51N EFFEUAT THE AMEOF Isle Tahle �/ 11 /r I N I r I 5. LOI I.E C1:m1S1a13.ELOLK 2',111N 1a11 ELOD(3',LCT31115.ELO[N A:AND LG7I,EL 5PRE /' b O / O TOMEN'�1'NERSASEOGATION uxE eFSNIxG le1Gm � � / � f f� AND sxaI�DRN®ARD AwlxrxrvlD urlxEsoulxRIDGE RESIDIx,wL LDNNAWLEW„11-LODESELFDN31—"@I,IE—EAOFTHIIIBD-INHASPEONOEII VNPLATTED UNDERGROLINDIRRICATgnsrs,EM.Lms wnxlx HOmsIOxwILL El CeusnlEC laR AssESSMExTs ELCM THE NAMPAJNEAIDIAW IERIGATON DNTECT I-0fl END IRAIE—HWATER. D. AU EE nxrxls suW E 4E mIER xJ LE 5 wWIDEOWNED UDORD ITENAID ACEICEnL HOMEOWNERSS0—N. PREssu E Nn Y NWMM WNINtHIssuOmoxWUBEOWEOANOMx xE6 ENEaUNElGERuDExuLHGMwNERSZsuaox/ ICE 29 h_V/7 p. R6RGNUE'L IT'AEGOGNDEssE ONIE-1 OF1,IE ICATO CODE,AILHFNFPAMAGT,wH STATES:Tq N Emm�W I2�// // / O / / Cf 1g—OPEA;.noN,nsglcuwwu FgclurvoA Emarlslou NEREaFSIwu eEoq eEcoMEA xuLumE P�NAI'I'E' Eq L.Y�L NN pEDAG01a PoON�IGN�OE. EESIIRAGHCHE NONAGEILNL111PAL ❑ rmwaz,w lam �� r w / 11,HTaq WHFNTUTHEEOPEgaTON FACIMOR SELNNOLNWLLNOITAPPLY WHENEVER 11 ANC'ISAND EEREEDOLTSW ON'IHEmIMPRGPER ORIJGSEENTSOPETMnw OF 25 / O I 114E AGA IN IL R4L OPEPATgN..4GEILNLN_FALMYCE ESP=N THEREOF' Lar$IHCLDDIN6HL,LCINC TGGNHANCf,ARE E,IaIE4TTCTHETEEMS AND CONCTOUS CFIHAT /�O O.CE—HSg TEEN FlD➢6WUPN1g AE NN OAF LwENANIs.WNEITCIIIAP5rCplOsCFANOEA EEAEIMEMSNPoA50VIHWOF£ Icy[naCl is —12 / / /,3 /x ' RH,'CRCECIN SI9EGT TO IICRH AAIEEIE p03 DFROA CCNmY,ICAHO. O ( \� O / 1. HDI[mEeNExTEagmxrnsRECNRCERInlusmuNRrtrwmzt- �. � Dx�61«a4Lm�,ImHa g� � �. 13.aREGFY�xIcw4RALCEssFROM�rLG,Towo�R�NORwDISRNnIeNED. OF HCAE Ory <,r, I NlHMAL6RCUNDW R_AlTC SHALLEEAMINIMUNOFIIANLHESA 1HENE+ESTIPIOm Survey Narrative: %iz �� / R53'4229'w'1losn Q ♦SW niNPUTw.asPEEPwLEDTGsueorvmET,iEsuEIECTPRDPeIttrxE 4.....xw"wROExoIrgA � FI p f THE , �'z i TxERF �S r ND CII\ 4 'pRUUP 3 / 1E;fl12UwEnerenc-1es:. 1111111AIIIHEI I Q // uNPLATTE[I R �TM I s6`A aL r4 Rt EC15uHVLrnn,Ems,REcoxosof nTucuulm,lOAnO. W.PN R FEE E.Lssg DorsunLrxa 11n1.ALLGgssDFALwLwxm lDAn6. ~�q.a mzE.PsmP as�a lm Izss,•1sw soar c1D swv126w E3 D®rLST xz.2@aG1)OF2.EEGxms GFPnAmuxrc.IDAn6. rK IBaaeN sale VNPLATTED /a. NtI�RlCmamt .yam K, uxC o8.17®ins/a® Page 3 Page 257 Item#11. Final Plat for Southridge South Subdivision Phase 1 8 w.menana nn. \ j , O£ '0° �. ® • �® ', _OQO �O'�Oo�°Oa�0a�0e�a)�aa,.�r1`y'�� I�'r; I8� dOarObd �10g °w, /cOs'en,P�r® O $��ppxs a d m e nn�j Aiw x a I,.m CD I� oeao s CD n�THE LAND xP,...ENr GROUP G � r mlm aatw I Final Plat for Southridge South Subdivision Phase 1 9_(01 g/ xNPLATTED �'"Y .�$0 B / `'� / I MTHE LA D / .GROUP Page 4 Page 258 Item#11. Final Plat for Southridge South Subdivision Phase 1 Cene faYle tune Ta blle Curve lahle One fable one Tahk IINE B"APING IFNGIH THE 7eao LAND 76MGROUP �A• IB2fv[Sbae Cfix.A-s BI rxrmweaww M121W sHEEi 10FB Page 5 Page 259 Item#11. C. Landscape Plan(date: 11/17/2021) PLANT SCH ED ULE iRE LARD —————————————— ` _ •e,Ag3 GROUP i' Legend Lad P x t �� rmxemwrEwnwrav,m', J L r , l _ I 1 Keynotes: wrwmmuVwrcannrt Lu E -- vrzc wnvn ivv - "_ osx z,k eeenoenn l t - f _ L_ i i_ �• ACHDL d ap PI nNote., r � r zz P I tCL Calculal�/ G CD W O m _- - ... H ao \ \ .,zuwamEuw,uamnma Deciduous Tiee Planting � xanwwee rx. �p Landscape Plan-Landscape Plan !I ul .. -® L1.00 Page 6 Page 260 Item#11. 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 [MDA-12-009,Development Agreement Inst. #113077158 (Linder 109)— replaced#111102269; H-2020-0083 (RZ&PP)]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat(by January 26,2023) 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 The Land Group, stamped on 1/15/2021 by James R. Washburn, shall be revised as follows: a. Note#6: ". . . Lots 1 and 4-3 14,Block 3; b. Note#10: Include recorded instrument number of the CC&R's. c. Note#11: Include recorded instrument number for the ACHD license agreement. d. Depict water and sewer easements on the portion of Lot 1, Block 1 that lies between Lots 18 and 19. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 2/7/20, shall be revised as follows: a. Depict shrubs(along with the proposed trees)within the street buffer along W. Overland Rd. as set forth in UDC 11-3B-7C.3a per preliminary plat condition#4a. b. Landscaping shall be depicted along all pathways in accord with the standards listed in UDC 11-3B-12C; include a mix of trees(minimum of 1 per 100 linear feet of pathway), shrubs, lawn, and/or other vegetative groundcover per preliminary plat condition#4b.If landscaping(trees) is not allowed within NMID's easement for the Ridenbaugh Canal, an additional minimum 5-foot wide area shall be provided outside of the easement in a common lot(s)for the required trees. c. Correct Project Calculations table for residential subdivision(i.e.parkway)trees—a minimum of one tree is required per 35 linear feet of parkway as set forth in UDC 11-3B- 7C, excluding 26 feet for curb cuts to each residential lot(the requirement is not one per lot as stated). Include linear feet of pathway; required number of residential subdivision trees; and common open space area and required vs.proposed number of trees that demonstrate compliance with code requirements per preliminary plat condition#4d. d. The fencing type along the Ridenbaugh Canal shall be black wrought iron as required by City Council; depict accordingly. An electronic copy of the revised landscape plan shall be submitted prior to signature on the final plat by the City Engineer. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. Page 7 Page 261 Item#11. 7. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 8. A 14-foot wide public pedestrian easement for the multi-use pathway shall be submitted to the Planning Division in accord with the Park's Department requirements per the Pathways Master Plan for the portion of the pathway that is outside the public right-of-way. A copy of said easement shall be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature. 9. In accord with the Development Agreement(Inst.#113077158—MDA-12-009),the Applicant shall submit and obtain Design Review approval prior to the City Engineer's signature on the final plat; or submit and obtain City Council approval (or a development agreement modification) of plans that propose specific and detailed architectural guidelines for this development and that address (at a minimum) variety in structures within a block, building mass,building materials,rooflines, colors and architectural styles(provision#6.3.13). 10. The Applicant shall grant an easement to Jim Jewett with this phase of development to extend sewer to Parcel #51223233950 at the northwest corner of the site if needed prior to development of Phase 4. A recorded copy of said easement shall be submitted with the final plat for City Engineer signature. 11. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. 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. The farthest North water main connection in Overland Road is currently connecting to an existing pressure reducing vault (PRV). This connection needs to be moved south of the existing"T"that connects to the PRV. If the water main connection is moved south by one lot, it should provide enough distance to connect outside the PRV. Contact Public Works Water Engineering if specific direction on how to achieve this is needed. 2. A water main valve is required between the two water main connections in Overland Road for redundancy. 3. Manholes 18 feet or deeper must be 60 inch diameter. 4. Block 1, Lot 1 common lot has water and sewer running parallel in a portion of the lot out to Overland Road. This section of common lot must be a minimum of 40 feet wide to accommodate the utilities. Locate the sewer main so it is 19 feet from the northern boundary of the common lot. Locate the water main so it is 5 feet from the southern boundary of the common lot. a. A utility easement will be required for all water and sewer mains outside of Right of Way. These easements must be a minimum of 20 feet wide per utility,centered over the main and be free of obstruction from permanent structures including but not limited to trees,shrubs,fences, light poles,trash enclosures,buildings, carports,infiltration trenches, etc. Page 8 Page 262 Item#11. 5. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. General Conditions: 6. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 7. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 8. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 9. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 10. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 11. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 12. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 13. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 15. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Page 9 Page 263 Item#11. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 20. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 21. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 22. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 23. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 24. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. Any 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. 27. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for Page 10 Page 264 Item#11. abandonment procedures and inspections. 28. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 29. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 Page 265 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Winco Wells No. 1 (FP-2021-0057) by The Land Group, Located at 2700 E. Overland Rd. Page 266 Item#12. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: January 4, 2022 Topic: Final Plat for Winco Wells No. 1 (FP-2021-0057) by The Land Group, Located at 2700 E. Overland Rd. Request: Final plat consisting of one (1) buildable lot on 15.88 acres of land in the C-G zoning district for Winco Wells Subdivision No. 1. Information Resources: Click Here for Application Materials Page 267 Item#12. STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING 1/4/2022 DATE: ri TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2021-0057 Winco Wells No. 1 m - r LOCATION: 2700 E. Overland Rd.,in the SE 1/4 of Section 17,T.3N., R.1 E. t. I. PROJECT DESCRIPTION Final plat consisting of one(1)buildable lot on 15.88 acres of land in the C-G zoning district for the first phase of Winco Wells Subdivision. II. APPLICANT INFORMATION A. Applicant: Tamara Thompson, The Land Group, Inc. —462 E. Shore Dr., Ste. 100, Eagle, ID 83616 B. Owner: Jonathan Fragoso,MB Overland Wells,LLC—7301 Peak Dr., Ste. 200, Las Vegas,NV 89128 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 is the same number of buildable lots as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Note:Alternative Compliance to the noise abatement standards listed in UDC 11-3H-4D was approved with H-2021-0007. IV. DECISION A. Staff. Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 1 Page 268 Item#12. V. EXHIBITS A. Preliminary Plat(date: 2/4/202 1) CL. Lu 2c CD 1�ISM =—=xv MI — -—------- SIR1.4 I-T- Y Plat Vinco Wells Subdivision ppol Page 2 Item#12. B. Final Plat(date: 11/15/2021) Final Plat for Wineo Wells Subdivision No. 1 Legend: �K����w �Ma Situated in a portion of the SW 1j4 of the SE 1;4 of Section 17 'II . wxo,rtw�u.r,smm,onus.cxx Township 3 North,Range 1 East,Boise Meridian City of Meridian,Ada County,Idaho « 2022 ,�,�G, Nutes: a r�neTahle I .� + I I 1L III I LIRE REARING LENGTH I - - - - ..........- re.nm� References oneaiur'�'rr:»m 'erem �msiaIXa`eu n:. I - _ ..-.F.uiuwrwm,�u�uceu-�n.ao«s.arar xn� I � oe»�'«nnc�wvouy eoc«sxPaaemso,xaaus crew mxrc. I --- - uram,xno nine c.leoo[c.raff are.aavab cane pum. c. - - - - -- o® -I Meek 1 8; Survey NarraBre: 1 6 _ ILE— MOM - W . I vy x,re�w a..aa7 .E.A.I_,Fixc.. -. .. ......,:cecoump' "'1 ,�.•�,aea L s n ...-...._.�.�,rrw nnimmvar wens.- --........i.�@.°.ua. Gnun..Z.ww.am Euxe.°K u.nuM1n. . I — i, 3 �---- i ----- ��--a ---- g- .- s � THE � LAN s. � GROU P �a e —--- -E.Overland Rd.(Public) S 1.Y C]R.SS.II EL„ „ Page 3 Page 270 Item#12. C. Landscape Plan(date: 11/17/2021) ca a ti. IMMI urcera�earaouRr MIX - m a �v b � LL O s lI Page 4 Page 271 Item#12. a, o� itop-- IF # !� ^-�mm "ensiovau/woae�� �• f 0, ©o WLO S4o-' ON n a% Am Page 5 Page 272 Item#12. 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-2021-0007,Development Agreement Inst. #2021-119174(Seasons at Meridian Winco-Wells)]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat(by May 18, 2023) in accord with UDC I I- 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 The Land Group, stamped on 11/15/2021 by Michael S. Femenia, shall be revised as follows: a. Complete Notes#1-3, 7: Include the name of the Association. b. Note#9: Include the recorded instrument number of the CC&R's. c. Note#10: Include recorded instrument number of the ACHD license agreement. d. Note#11: Add"except for emergency access." e. Graphically depict street buffers in common lots or on permanent dedicated buffers with a note stating they'll be maintained by the property owner or business owners' association in accord with UDC 11-3B-7C.2b. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the widening of Overland to 7-lanes. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 1 l/17/21, shall be revised as follows: a. Depict 6-foot tall woodgrain vinyl fence along eastern boundary of site in accord with the development agreement. b. Depict a gate across the emergency access driveway from Overland Rd. as required by the Fire Dept. An electronic copy of the revised landscape plan shall be submitted prior to signature on the final plat by the City Engineer. 6. Prior to the submittal of any Certificate of Zoning Compliance and Design Review applications for this site,the property shall be subdivided as set forth in the development agreement. 7. All development shall comply with the dimensional standards for the C-G zoning district listed in UDC Table 11-2B-3. 8. The traffic signal at the E. Overland Rd./S. Wells Ave. intersection shall be installed prior to issuance of the first Certificate of Occupancy for the multi-family development as deemed warranted by the Traffic Impact Study. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. Page 6 Page 273 Item#12. 10. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. A streetlight plan must be submitted,reviewed,and approved prior to construction. Streetlights must be installed and functional prior to Certificate of Occupancy on any buildings within the subdivision. 2. The submitted construction plans do not have the water main size labelled in Wells Street,this must be labelled with the correct diameter. The existing water main is 10-inch diameter, a reducer will be needed to foster the connection to the main servicing the subdivision. 3. Sheet C6.00 on the submitted construction plans do not have the size of the"T"and gate valve listed in note 13. Sizes must be called out. 4. The dead-end water main that parallels the water main in Wells Street must be eliminated. Either connect the water service and fire line to a different water main or close the loop. 5. The water main stub to the east property line must be extended to the pathway and end in a fire hydrant with a"T"and blind flange for future connection. 6. Provide a water easement at the northeast corner of the development for future connection. 7. All water and sewer mains, including fire hydrants, must be maintained in City utility easements or within right-of-way. General Conditions: 8. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development.The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 9. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 10. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 11. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 12. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 13. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Page 7 Page 274 Item#12. Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 14. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 15. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 16. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 17. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 18. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 19. Developer shall coordinate mailbox locations with the Meridian Post Office. 20. All grading of the site shall be performed in conformance with MCC 11-1-4B. 21. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 22. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 23. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 24. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 25. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. Page 8 Page 275 Item#12. 26. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 27. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 28. 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. 29. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 30. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 31. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 276 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. Page 277 Item#13. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N, AND DECISION& ORDER In the Matter of the Request for Preliminary plat(PP)Consisting of 25 Buildable Lots on 36+/- Acres of Land in the R-40 and C-C Zoning Districts for Outer Banks Subdivision; and a Conditional use permit(CUP)for a Multi-Family Development Containing a Total of 516 Residential Dwelling Units Consisting of(364)High-Density Apartments,(126)Flat and(26) Townhome Style Units in the R-40 and C-C Zoning Districts for The 10 Meridian,by JUB Engineers,Inc. Case No(s).H-2021-0063 For the City Council Hearing Date of: December 14,2021 (Findings on January 4,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 14,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 14,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 14, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 14, 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR OUTER BANKS—PP;THE 10 MERIDIAN CUP H-2021-0063 - I - Page 278 Item#13. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 14,2021, 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 § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for preliminary plat and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 14,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR OUTER BANKS—PP;THE 10 MERIDIAN CUP H-2021-0063 -2- Page 279 Item#13. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of December 14,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR OUTER BANKS—PP;THE 10 MERIDIAN CUP H-2021-0063 -3- Page 280 By action of the City Council at its regular meeting held on the 4th day of January 2022 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 Simison 1-4-2022 Attest: Chris Johnson 1-4-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-4-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR OUTER BANKS-PP;THE 10 MERIDIAN CUP H-2021-0063 -4- item#,s. EXHIBIT A STAFF REPORT WE I COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING December 14, 2021 Legend DATE: letProject Lflca�ian � ■ TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0063 —Outer Banks Subdivision/The 10 Meridian k LOCATION: SWC of W. Franklin Rd. &S. Ten Mile Rd., in the NE '/4 of Section 15, Township 3N.,Range 1 W. (Parcel: 51215110058) 1 I. PROJECT DESCRIPTION Preliminary plat(PP) consisting of 25 buildable lots on 36+/-acres of land in the R-40 and C-C zoning districts for Outer Banks Subdivision; and a Conditional use permit(CUP)for a multi-family development containing a total of 516 residential dwelling units consisting of(364)high-density apartments, (126) flat and(26)townhome style units in the R-40 and C-C zoning districts for The 10 Meridian. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 36-acres(plat boundary) Future Land Use Designation Mixed Use—Commercial(MU-COM);High Density Residential(HDR);and Mixed Use—Residential(MU-RES) in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Commercial,multi-family development,vertically integrated residential Current Zoning Community Business(C-C)&High-Density Residential(R- 40) Proposed Zoning NA Lots(#and type;bldg/common) 25 buildable lots/0 common lots Phasing plan(#of phases) 2 Number of Residential Units(type 516 units [(364)high density apartments,(126)flat and(26) of units) townhome style units] Page 1 Page 282 Item#13. Density(gross&net 23.07(gross)units/acre Open Space(acres,total [%]/ 4.74 acres buffer/qualified) Amenities A clubhouse with a swimming pool,fitness center,dog wash facilities,internet caf6,co-working center,game room;(6) BBQ's; (2)plazas;a fire pit;(2)sports courts(i.e.bocce ball, pickle ball);children's play equipment;open grassy areas of at least 50'x 50' in size;a dog park;a plaza;and a children's play structure. Physical Features(waterways, The Kennedy Lateral bisects this site. hazards,flood plain,hillside) Neighborhood meeting date;#of July 26,2021;no attendees other than the Applicant attendees: History(previous approvals) H-2021-0025 (DA Inst.#2021-132704—The 10 at Meridian) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access Access is proposed via W.Franklin Rd., S. Ten Mile Rd. and W. Cobalt Dr. as (Arterial/Collectors/State shown on the plat. Hwy/Local)(Existing and Proposed) _ Traffic Level of Service W.Franklin Rd.—better than"D"/existing plus project"F'; S.Ten Mile Rd.—Better than"D"(acceptable level of service is"E") Stub No stub streets exist to this site from the property to the west;therefore,none can be Street/Interconnectivity/ extended. Cross Access Existing Road Network There are no existing internal roadways within the site;W.Franklin Rd. and S.Ten Mile Rd.are existing arterial streets that border the site along the north and east boundaries. Existing Arterial Curb,gutter and a 7-foot wide attached asphalt path exists along S.Ten Mile Rd. Sidewalks/Buffers Curb,gutter and a 7-foot wide attached(near the intersection)and 5-foot wide detached(outside of the influence area of the intersection)concrete sidewalk exists along W.Franklin Rd.No buffers exist on this site along either roadway. Proposed Road There are no roadways,bridges or intersections in the general vicinity that are in the Improvements IFYWP or the CIP. Fire Service • Distance to Fire 1.9 mile from Station#2 Station LFire Response Time Within 5-minute response time goal • Resource Reliability 85%(goal is 80%or greater) Page 2 Page 283 Item#13. Description Details Page • Risk Identification 4—current resources would not be adequate to supply service to this project. • Accessibility Meets all required access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Will vary depending on building size and occupancy types. • Other Police Service See Section IX.D West Ada School District Projected Capacity Miles • Distance(elem,ms,hs) Enrollment (Uevto School) • Capacity Of Schools Chaparral Elementary 494 700 1.1 Meridian Middle School 1062 1250 3.3 • #of Students Enrolled Meridian High School 1831 2075 2.0 • Predicted#of students 56 generated from proposed development Community Development &Ws://weblink.meridiancity.org/WebLink/DocView.aspx?id=241147&dbid=0&repo= School Impact Table MeridianCity Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed South Black Cat Trunk Shed ' • Estimated Project Sewer ERU's See Application • WRRF Declining Balance 14.21 • Project Consistent with WW Master Yes Plan/Facility Plan • Impacts/Concerns •Flow is committed •See Public Works Site Specific conditions in Section IX.B Water • Distance to Water Services Directly adjacent • Pressure Zone 2 • Estimated Project Water ERU's See application ■ • Water Quality None ' • Project Consistent with Water Master Plan Yes • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B Page 3 Page 284 Item#13. C. Project Maps Future Land Use Map Aerial Map lid Legend y, BUJ 0 Legend fei Project Lacs ion Prpool Lorca Tor„ _ -d High. city - -[Re 11 iid i_ � 41 } i I 5 Amite ` a . Zoning Map Planned Development Map Lt-15n ffim Legend UT Y Legend --, — = c 0 lei L let Project oca=or Project Lacaiar _ RUT City Cirrus R'l C-N I-L — Planned Parcel -1�5 R-1 R-1. T dr N R R N TN-C ° Op f�+k-E C-C � ;g� a o°°Q S��o ❑13 °III. APPLICANT INFORMATION A. Applicant: Wendy Shrief,JUB Engineers,Inc. 250 S. Beechwood Ave., Ste. 201,Boise,ID 83709 Page 4 Page 285 Item#13. B. Owner: 10 Mile Franklin,LLC—837 Jefferson Blvd.,West Sacramento, CA 95691 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/19/2021 11/28/2021 Radius notification mailed to properties within 300 feet 10/12/2021 12/2/2021 Public hearing notice sign posted 10/22/2021 11/29/2021 on site Nextdoor posting 10/15/2021 12/6/2021 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLA : LAND USE: The majority of this property is designated Mixed Use Commercial(MU-COM)(northeast 22+/-acres) and High Density Residential(HDR) (southwest 11+/-acres) on the Future Land Use Map (FLUM)in the Comprehensive Plan with a narrow sliver of Mixed Use Residential(MU-RES) (3+/-acres) along the southern boundary which will be mostly be right-of-way for W. Cobalt Dr. This property is located within the area governed by the Ten Mile Interchange SR Area Plan(TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational, employment, and other miscellaneous uses,with supporting multi-family or single-family attached residential uses (see pg. 3-9 in the TMISAP for more information). HDR designated areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre(see pg. 3-7 in the TMISAP for more information). The purpose of the MU-RES designation is to encourage a diversity of compatible land uses that may include a mixture of residential, office,retail,recreational, employment, and other miscellaneous uses(see pg. 3-8 in the TMISAP for more information). Mixed use designated areas in the TMISAP are recommended locations for development of activity centers that are specifically planned to include both residential and non-residential uses.Mixed use areas are anticipated to have 3 or more significant income producing uses(i.e.retail,office,residential and lodging facilities)with significant functional and physical integration in conformance with a coherent plan (pgs. 3-7 &3-8). The site is proposed to develop with a mix of uses(horizontal and vertical)as shown on the site plan in Section VIII.D. High-density 4-story multi-family residential apartments(200 1-bedroom& 164 2- bedroom units)are proposed in the HDR designated area on the southwest portion of the site. Four-story multi-family flats(68 1-bedroom and 58 2-bedroom units) and 3-story multi-family townhouse style(26 3- bedroom units)units with a 15,525 square foot clubhouse/recreation center, 2-story vertically integrated mixed use [primarily retail uses on the Pt floor(28,600 s.f.)with residential(22 1-bedroom and 11 2- bedroom units)on the 2'floor], commercial(113,200 s.£)and QSR(i.e. fast food restaurant)with drive- throughs(8,450 s.f.)are proposed in the MU-COMM designated portion of the site adjacent to W. Franklin Page 5 Page 286 Item#13. Rd. and S. Ten Mile Rd.A total of 549 residential units and 150,250 s.f. of commercial uses are proposed to develop on the overall site. Staff finds the mix of income producing uses proposed as well as the vertical and horizontal integration of such uses and residential densities interconnected by pedestrian walkways and amenities is generally consistent with the goals of the TMISAP for this area. Transportation: W.Franklin Rd. and S. Ten Mile Rd. are existing 5-lane arterial streets that run along the north and east boundaries of the site that are fully built out. Cobalt Drive is proposed to be extended as a collector street from S. Ten Mile Rd. at the southeast corner and off-site along the southern boundary of the site to the project's west boundary consistent with the Master Street Map in the Comprehensive Plan and the Transportation System Map in the TMISAP. The Transportation System Map depicts the Ten Mile intersection with Cobalt as right-in/right out. The Street Section Map depicts this segment of Cobalt as Street Section D,which is a residential collector street per the Transportation System Map. Buildings on such streets have limited setbacks behind the sidewalk and a tree-lawn is required. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. powLWW UN Street Section R tdH*01�&W= Note:ACHD has requested the City and ITD consider requiring the Applicant to extend the southbound left turn lane at the I-84/Ten Mile Rd. intersection to 700 feet and modify the landscape median to accommodate additional vehicle stacking.ACHD has not accepted the right-of-way for the segment of Ten Mile Rd. that would encompass the extension of the southbound left turn lane so this is not within their right-of-way. Staff believes the City does not have the authority to require a roadway improvement that is not on the Applicant's property and is not directly related to the application.However, staff encourages the applicant to mitigate the concerns raised and seek ITD approval to make the necessary modifications as noted above. Design: Conceptual building elevations were submitted for the high density, flats and townhome style multi-family residential and mixed-use/vertically integrated structures and the associated clubhouse. The design of the proposed multi-family structures appears to be of a high quality and are generally consistent in style,materials and colors. Elevations weren't submitted for the commercial portion of the development as tenants are unknown at this time. Final design of the site and all structures is required to comply with the design elements of the TMISAP per the Application of Design Elements matrix on pg.3-49 of the TMISAP and the design standards in the Architectural Standards Manual in accord with the Development Agreement(Inst.#2021-132704,provision#5.1b).The commercial portion of the development should incorporate similar design elements, colors and materials as the residential portion of the development. 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): Page 6 Page 287 Item#13. • "Encourage a variety of housing types that meet the needs,preferences,and financial capabilities of Meridian's present and future residents."(2.01.02D) A variety of multi family housing is proposed in this development consisting offlats, townhome and high-density apartment style units, which will contribute to the variety of housing types in the City, specifically in the Ten Mile area as desired, that should cater to different financial capabilities. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. The school impact table prepared by the Community Development Dept. shows capacity at area schools below capacity although only slightly so for the middle and high school currently serving this area. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers."(2.01.01H) The site is located at a major intersection along two major mobility arterials (Franklin and Ten Mile Roads) and in close proximity to employment centers. Transit services exist in the Ten Mile Crossing development to the east at the intersection of Vanguard/Wayfinder to serve this area— other transit stops may be added in the future. Transit services are available to serve this site via Route 40. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and a grocery store with nearby employment (retail/office uses) and restaurant uses, should provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) This property is an enclave surrounded by City annexed land. Annexation and development of this property will maximize public services. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided."(3.03.03) The proposed development plan is generally consistent with the City's vision for this property through the Comprehensive Plan; the developer will extend public services and infrastructure as needed for the development. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above and is consistent with the approved Development Agreement. Page 7 Page 288 Item#13. VI. STAFF ANALYSIS A. PRELIMINARY PLAT A preliminary plat(PP) consisting of 25 buildable lots on 36+/-acres of land in the R-40 and C-C zoning districts is proposed for Outer Banks Subdivision(see Section VIII.A). The plat is proposed to develop in two(2)phases; the first phase is the ^ffth_est peftion of the site(southwest of the Kennedy Lateral) mixed-use area in the C-C district on the northeast portion of the site(northeast of the Kennedy Lateral)and the second phase is the mixed- high_ densitygpartments in the R-40 district on the southwest portion of the site(southwest of the Kennedy Lateral). Right-of-way(ROW) for the extension of W. Cobalt Dr. on the subject property is proposed to be dedicated with the plat; ROW for the portion on the property to the south will be dedicated separately via deed with approval from that property owner. Existing Structures/Site Improvements: There are no existing structures on this site. Curb,gutter and a 7-foot wide attached asphalt path exists along S. Ten Mile Rd. Curb, gutter and 7-foot wide attached(near the intersection)and 5-foot wide detached(outside the influence area of the intersection) sidewalk exists along W. Franklin Rd. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and Table 11-2B-3 for the C-C zoning district.In the C-C district,there are no minimum setback requirements;however,future buildings may not encroach within required street buffers and residential structures must have minimum 20-foot separation between structures per Building Code. Access(UDC 11-3A-3): Access is proposed via W.Franklin Rd., a commercial arterial; S. Ten Mile Rd., a residential mobility arterial; and the future extension of W. Cobalt Dr., a residential collector street, as shown on the plat. Two(2)access driveways are proposed via W. Franklin Rd.—one(1)full-access, 930' west of Ten Mile Rd. and one(1)right-in/right-out only,450' west of Ten Mile Rd.ACHD has approved the full access as a temporary full access and the right-in/right-out only as proposed with an eastbound right- turn lane. Two(2)access driveways are proposed via S. Ten Mile Rd.—one(1)right-out only, 375' south of Franklin Rd. and one(1)right-in/right-out only, 775' south of Franklin Rd. ACHD has approved the right-out and the right-in/right-out only as proposed with an eastbound right-turn lane. Two(2)full-access access driveways are proposed via W. Cobalt Dr.—one(1) 388' west of Ten Mile Rd. and one (1) at the site's west boundary. A cul-de-sac meeting Fire Dept. standards is required to be constructed at the terminus of the road. The Applicant has been working with the property owner to the south on the location and design of the portion of Cobalt Drive that's on their property(Parcel #S 1215131400)(see road plan in Section VIII.B). A Road Construction and Cooperative Development Agreement has been signed by the two property owners in accord with the Development Agreement (provision#5.If)but is in the process of being amended. The extension of Cobalt will be constructed prior to or with the first phase of development. The abutting property to the west has recently developed and no streets, driveways or pathway stubs were provided to this site. For this reason, Staff isn't recommending a cross-access easement/driveway is provided. Page 8 Page 289 Item#13. A Fire Protection Access/Phasing plan was submitted with this application,which is included in the Fire Dept. comments in Section IX.C. Based on ACHD's traffic counts,with development of this property Franklin Rd.will still operate at an acceptable level of service(i.e. "D")but Ten Mile Rd.will not(it'll go from"D"to "F").An acceptable level of service is"E". The improvements requested by ACHD (i.e. the extension of the southbound left turn lane at the 1-84/Ten Mile Rd intersection to accommodate additional vehicle stacking) would not change the level ofservice. Road Improvements: Ten Mile Rd. and Franklin Rd. are fully improved with 5-lanes;road widening is not required. ACHD is requiring additional ROW to be dedicated for the extension of the eastbound right-turn lane storage on Franklin Rd.with the first phase of development;the intersection of Cobalt/Ten Mile is restricted to right-in/right-out/left-in; and a dedicated southbound right-turn lane is required to be constructed on Ten Mile Rd. at Cobalt Dr. Cobalt Dr. is proposed to be extended from Ten Mile Rd. to the west boundary of the site within 70 feet of ROW(46-foot back of curb to back of curb, see Section VIII.B). Cobalt will be partially on this site and partially on the abutting property to the south and will include a bridge across the Kennedy Lateral. As noted above in Section V,the Transportation System Map in the TMISAP depicts a right-in/right out collector street at the intersection at Cobalt/Ten Mile.ACHD has approved Cobalt as a public street with a right-in/right-out/left-in only from Ten Mile Rd. based on the TIS. Because the TIS supports this access, Staff is amenable to this change from the TMISAP. As noted above in Section V, Cobalt is designated as Street Section D,a residential collector street, on the Street Section Map in the TMISAP.As such,it should have(2) 11-foot wide travel lanes, 6-foot wide on-street bike lanes and 8-foot wide parallel parking within 50-feet curb to curb, 8-foot wide planter strips (i.e.tree lawn/parkway)and detached 6-foot wide sidewalks as shown on the diagram above. The proposed street section reflects 3-lanes(2-travel lanes with a center turn lane), 3.5-foot wide bike lanes, curb, gutter, 7-foot wide planter strips and 5-foot wide detached sidewalks. ACHD's staff report states if parallel parking is required by the City, it should be located to the west of the horizontal curve for Cobalt Dr. and be located beyond the sight distance required for the access proposed on Cobalt Dr. (parking is not allowed to be striped on ACHD roadways).Bike lanes are required to be a minimum of 6-feet wide. Staff recommends Cobalt is constructed in accord with Street Section D in the TMISAP, as recommended by ACHD. Pathways(UDC 11-3A-8): There are no multi-use pathways depicted on the Pathways Master Plan for this site. However, a pathway is proposed through the common area that separates the high-density apartments from the mixed-use area within the Kennedy Lateral easement. Walkways are proposed throughout the site for pedestrian access and interconnectivity. Sidewalks (UDC 11-3A-17): A 7-foot wide attached sidewalk exists along Franklin Rd. abutting the site within the influence area of the intersection transitioning to a 5-foot wide detached sidewalk for the remaining site frontage. A 7- foot wide attached asphalt pathway exists along Ten Mile Rd.which should be replaced with a minimum 6-foot wide detached sidewalk,separated from the curb by a minimum 8-foot wide tree lawn/parkway,consistent with Street Section A in the TMISAP(see pg.3-20).A 10-foot wide pathway is preferred based on ACHD's adopted Livable Streets Performance Measures but not required. Page 9 Page 290 Item#13. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision in accord with the widths specified in UDC Table 11-2A-8 for the R-40 zoning district and 11-2B-3 for the C-C zoning district based on the street classification and planted in accord with the standards listed in UDC 11-3B-7C. A landscape plan was submitted for the proposed subdivision landscaping, included in Section VIII.B. Required street buffer widths are as follows: 25-feet along W. Franklin Rd., an arterial street; 35-feet along S. Ten Mile Rd.,an arterial street and entryway corridor; and 20-feet along W. Cobalt Dr., a collector street. The street buffers along Franklin Rd.,Cobalt Dr. and the portion along Ten Mile Rd. north of the driveway access nearest the intersection appear to meet the minimum width standard; however,the portion along Ten Mile Rd. south of the driveway nearest the intersection does not meet the minimum width standard and needs to be widened(see UDC 11-3B-7C.]a for measurement standards); the plans should be revised accordingly.A common lot or a permanent dedicated buffer for the street buffers should be depicted on the plat and should be maintained by the property owner or business owners' association in accord with UDC 11-3B-7C.2b. The number of trees proposed in buffers meets the minimum standard; however, a mix of trees and shrubs with lawn or other vegetative groundcover is required—shrubs should be added to the buffers in accord with UDC 11-313-7C.3a. Tree lawns need to be provided along Franklin Rd.,Ten Mile Rd. and Cobalt Dr.consistent with the TMISAP where not proposed. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C,which requires a mix of trees, shrubs, lawn, and/or other vegetative ground cover—a minimum of one(1)tree per 100 linear feet of pathway is required. The landscape plan should be revised accordingly to include shrubs along the pathway. Landscaping is required in common open space areas in the R-40 portion of the development in accord with the standards listed in UDC 11-3G-3E. With development of the C-C zoned portion of the site, a 25-foot wide buffer to residential uses is required along the west boundary of the site landscaped per the standards in UDC 11-3B-9C. A calculations table should be included on the landscape plan submitted with the final plat application that demonstrates compliance with the above standards. Common Open Space& Site Amenities(UDC 11-3G-3): The standards for common open space & site amenities listed in UDC 11-3G-3 only apply to residential districts; therefore, only the R-40 zoned portion of the site is required to comply with these standards. A minimum of 10% qualified open space is required to be provided within the multi-family development in the R-40 district,which consists of approximately 13 acres. Therefore, a minimum of 1.3 acres of qualified open space area is required. A minimum of one (1)qualified site amenity is required to be provided for every 20 acres of development area. Based on 13 acres,a minimum of one(1) qualified site amenity is required. The proposed open space and site amenities meet and exceed the minimum standards; see CUP analysis below for details on the open space& site amenities proposed. Waterways(UDC 11-3A-f: The Kennedy Lateral bisects this site and is proposed to be piped throughout the development in accord with UDC 11-3A-6,which requires laterals to be piped unless improved as a water amenity or linear open space. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Page 10 Page 291 Item#13. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP are required along W.Franklin Rd.and S.Ten Mile Rd.(see pg.3-22). Streetlights shall be placed in the dry utilities corridor on either side of the Cobalt in accord with Street Section D in the TMISAP(pg.3-23). Dry utilities should be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W. Franklin Rd. in accord with Street Sections A and B in the TMISAP (pg. 3-22). A 5-foot wide dry-utilities corridor should be provided along both sides of Cobalt Dr.;both wet utilities may be located in the street. Pressurized Irrigation System(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A_18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Preliminary Geotechnical Engineering Roort dated 12/11/2018 was submitted with this application; an updated copy should be submitted prior to or with the first final plat application. B. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit(CUP)for a multi-family development containing a total of 516 residential dwelling units consisting of 364 high-density apartments(200 1-bedroom and 164 2-bedroom units), 126 flats (68 1-bedroom and 58 2-bedroom units) and 26 townhome(3-bedroom units) style units in the R-40 and C-C zoning districts for The 10 Meridian.Note:A vertically integrated residential project is also proposed that contains 33 dwelling units; however; it's a principal permitted use in the C-C zoning district so it's not included in the CUP request. The proposed development plan is in substantial compliance with the conceptual development plan and building elevations included in the Development Agreement(Inst. #2021-0025) as required. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties. Flats F-3 and the garages along the west boundary do not meet the minimum setback requirement of 10'; revise accordingly. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit.This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In Page 11 Page 292 Item#13. circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The floor plans submitted with this application depict patios and balconies that meet this standard. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office.Located in clubhouse. b. A maintenance storage area.Located in clubhouse. c. A central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access.Depict on site plan. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018)Depict on site plan. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.NA b. Two hundred fifty(250)square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.All 516 multi family units are between 500 and 1,200 square feet. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.NA At a minimum, a total of 129,000 sf. (or 2.96-acres) of outdoor common open space is required to be provided in the proposed development.A total of 206,622 225,000 square feet (or 4-.74-5.17-acres) is proposed to be provided in excess of UDC standards. Note:Although street buffers along the arterial&collector streets do not qualify toward the open space standards in UDC 11-4-3-27C, they do qualify toward the open space standards in UDC 11- 3G-3 (i.e. half the buffer along arterials and the entire buffer along collectors qualify). Overall, the proposed qualified open space complies with the standards in UDC 11-3G-3 and 11-4-3-27C. Page 12 Page 293 Item#13. 2. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.E meet this requirement. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The Applicant shall comply with this requirement. 4. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009)All of the common open space area required for the multi family development is located internally. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100) in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five (75)units,three(3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Page 13 Page 294 Item#13. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) A total of 516 units are proposed. The following amenities are proposed from each category: a clubhouse with a swimmingpool,fitness center, dog wash facilities, internet cafe, co-working center, game room; (6)BBQ's; (2)plazas; a fire pit;(2)sports courts (i.e. bocce ball,pickle ball); children's play equipment; open grassy areas of at least 50'x 50'in size; a dog park; a plaza; and a children's play structure. Staff is of the opinion the proposed amenities are appropriate for the development proposed and doesn't recommend any additional amenities are provided. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to W. Cobalt Dr. in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section VI.A. Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C. A mix of trees, shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway is required all pathways. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6. Based on(268) 1-bedroom units,(248)2-and 3-bedroom units, a minimum of 898 off-street spaces are required with 516 of those being in a covered carport or garage. A total of 902 995 spaces are proposed,including 5M 517 covered and 62 41 compact spaces—compact stalls are discouraged but may be used for any parking above the number of required spaces per UDC 11-3C-5A.6.ir-king standards. Although the proposed par-king meets the minimum , standards, Staff is there may not be adequate par-king for-the site to aeeommodate guests. Page 14 Page 295 Item#13. Commission and Couneil should deteFmine if additional parking should be provided a condition of approval of the CUP. Off-street parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses. Based on 15,525 square feet, a minimum of 31 spaces are required to be provided;3-7 31 spaces are proposed in poi accord with the minimum standard. Overall, a minimum of 646 929 spaces are required. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 9Q 1,026 spaces, a minimum of 36 41 spaces are required. The site plan states a total of 50 52 spaces are proposed for the overall development which includes commercial and vertically integrated/mixed use portions of the development. Bike racks should be provided in central locations for each building as proposed and comply with the standards listed in UDC 11-3C-5C. Fencing(UDC 11-3A- :No fencing is depicted on the landscape plan for this development. Building Elevations(UDC 11-3A-19;Architectural Standards Manual; TMISAP) Conceptual building elevations were submitted for the various types of multi-family units proposed in this development as shown in Section VIII.F. All of the structures appear to be of a high quality of design and consist of a complementary mix of materials, including wood-look siding,Hardie siding, metal siding, stucco,tile, stone veneer and glazing, and colors. The high-density and flats are 4-story buildings and the townhome style buildings are 3-stories in height. The high-density apartments will have secure entrances and be accessed by an internal hallway. The Applicant should work with the Police Dept.on a plan for emergency police access into each building entry point using a multi-technology keypad(see Section IX.D for more information). An administrative Design Review application is required to be submitted for approval of the design of the multi-family structures and clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application. The design of the structures is required to be consistent with the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP as noted in the Development Agreement(Inst.#2021- 13270 (see the Application of the Design Elements table on pg.3-49 of the TMISAP). VII, DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on November 4,2021. At the public hearing,the Commission moved to recommend approval of the subject PP and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Wendy Shrief,JUB Engineers; Lane Borges;Hethe Clark, Clark-Wardle b. In opposition: None C. Commenting d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) public testimony Page 15 Page 296 Item#13. a. The Applicant requests the extension of Cobalt is within 70-feet of right-of-way as proposed and requests to work with Staff on the details of the street section. 3. Ke, issue(s)of discussion by Commission: a. Concern pertaining to traffic generated from the proposed development and its effect on area streets,especially the functionality of Ten Mile Rd.which will be at level of service «F,,. b. Concern pertainingto o adequacy of proposed parking in the multi-family development and garages being used as storage instead of parkin 4. Commission change(s)to Staff recommendation: a. No changes were made to Staffs recommendation; however,the Commission did direct the Applicant to work with Staff on the road section for Cobalt Dr. and improve the parking ratios for the development. 5. Outstandingissue(s)sus for City Council: a. Since the Commission meeting,the he Applicant worked with Staff on the design of Cobalt Dr. and has added more parking for the multi-family development. Revised plans were submitted that reflect the following changes: 1, a re-design of Cobalt Dr.that complies with the street section in the TMISAP as recommended by Staff;2) a re-design of the residential parking areas to provide a surplus of 97 spaces above the minimum required (compact spaces were reduced from 58 to 41 and are provided above the minimum requirements); )the garages along the western boundary have been relocated to comply with the minimum setback; 4 the property lines at Building F-3 have been adjusted to comply with the minimum setback; and 5)the sidewalk along Ten Mile Rd. has been modified to reflect a 6-foot wide detached sidewalk with an 8-foot wide planter/parkway area—the staff report has been updated to include these revisions. C. The Meridian City Council heard these items on December 14,2021. At the public hearing.the Council moved to approve the subject PP and CUP requests. 1. Summary of the City Council public hearing: a. In favor: Wendy Shrie£JUB Engineers: Lane Borges: Josh Leonard, Clark-Wardle:Erik Pilegaard b. In opposition:None c. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concern pertaining to impact on traffic in this area generated from this development. 4. City Council change(s)to Commission recommendation: a. None Page 16 Page 297 Item#13. VIIL EXHIBITS A. Preliminary Plat(date: 0°1''�2 12/8/2021) &Phasing Plan—Revised Phasing Plan PRELIMINARY PLAT FOR { OUTER BANKS SUBDIVISION (.lily SITUATED N IHE NOFWAST QUARTER 9F EMENCRTMEAST QUARTER 9F SECT1014 15, TQM541P 9 NORTH RANGE t WEST OONEWMAN ELK VENTURES 2021 _ a Z �_.-. �—r. SHEET LIST TABLE _ s��9.�0 FP-1 P�uWpr sEIAER PUP '] - -_ _ .- _ +fa >•r FF`AI PYe11MWAY SEWER PROf11E4 V�TYMM - _ _ r x FP•OS PR1w'rAY 9EY£R PRtlf11E3 t ! ]IIID^.' lhM1.l nbiW ON1M _ � 'SLF'Erd'�°'iwa.r. �•IM[� nrvrsm..aavreP Yx.e a,d aew B §! I , •'~`- .� `�„ :mow a H ..�r"�.'l.�R,��'":a:Y"a;,.r��a"�'�k r"9 ! war_____ � � 4 � � • uw�morx r�c�w v.ou�w nv un wu rP.6.o rume•�[ i Vi T.fAE 4W�i T.RIE � 'G wit ss " ul�or f;- h �� Lug•awtR•]ai uar cl •,eea• ].nar el.m' nru•mxron j� N 6 dMYe wd } r PlJL E3NGIHEEYt 6EVRhPER xARDSI1 RLEr6R `s g v.c uC \ l lTYIFtlS1r�6i!' r��E��S W tir u wrxmt u,.' j ..w� irtoap u r =*x g ' ua �wt o� Ewo usE=auGawev �l .ir•� �e S i� I sv 4+. TOIa Wk a rims k a0R REbMx.tbrrh: I oy+'� 11 ururen� P P-41 Page 17 Page 298 Item#13. P c 6d " F _ aH�fl � NIII ,%URI Nllln.� 01 Jal-B EHGHEEAS,NC- - OVTCR MNK$ vsa w.r ., ELK VEN7URES s,x aoo i—.io aria¢ � .a_-- awwcxfoc� .1 �. PNRSYlGEkFffiIT Page 18 Page 299 Item#13. B. Cobalt Road Plan and Road Construction&Cooperative Development Agreement-APPROVED (.i1J Hgl 3�0 5 I s� 4 'e �=me 1f�a-cis —�T2iO0 ��t3fo0_ 33+69 3�'ms�� W e .. Ya Ya Ye W Ye ryF .. — ID.O +D0 I OD ('AL3ALT DR. ww o� J w _ m� UW J ycoeur xai-wxx«... .... w.o.�. ...aim. E1 R/W R/W R/W wRES- TD'TO a* 6' 6' g' SK)D*Lk LnxW-WE P-MLLEL DKr TM EL 7P-,l DIVE Ldl�1'E A iR ca(ICI-r LINE LME LME LIE x� a« if h,�4 y u"I=: sfl ..r i!.'Ikfi.S b^•,.4 .'71` }` l. \PEk ttr4GFElE'AtEwYJI Y x�—T KHD L]'i ENNT t&,,YM N6FW k 1E--H, • • rP rc.x� WIC$9—IN T>. *LePLE4?,T TD K-h iD-hO M C YPAQED i4U79'-0E a'cr PQI ASIY CAL 19'OF i'rhPB PR R- t [ara¢a calm x1P{amu 10.FP]-1Pi-0]#QI�1Y L 1}Ji1.r1-It!-NIIS USSQ 1tlA6 RR KMP 9JTIR�pI 19 ]h+8h3J-1444&Id Ufk7 YMM ]&.a -32—+ 2t OFFSET kLW h W'�t 9Y701 TT'. COBALT DRIVE SECTION �o4�sx_3144S1w6 onsr s3 m L 71122=I-72r11 2+0FF9EE 72 M'L Road Construction and Cooperative Development Agreement- Updated Page 19 Page 300 Item#13. C. Landscape Plan for Preliminary Plat(dated: 9,116,121 12/6/202 1)—REVISED I ROAD r- N too. .1h OIL 0 C E a) -7- At-IV 0 ------------- L-3.0o SHEET Page 20 Item#13. TL- SHEET -�i—g IL ui W HEEL L-3.1 H T L-3. 1p m logo " ::--- ---- " '"--- --- "' 212:2 EET L-3..l SHEET L-3.c2 o ZEE- F-1 ... ..................... L Page 21 Item#13. D. Site Plan for Multi-Family Portion of Development(date: 4"2�i 12/03/2021)-REVISED VICINIY MAP FRANKLIN ROAD uI • J a lu OWNER/DESIGIN7 SNESVIVI Ry i°xvmff *�� p§p§ xm a m s oo¢wa \'`b, avm-ssvr eusre-�mvry �� � sum v��r�nnmvmw wm y mm�• `�\` F R wma � � ' �a B � �ru�oa�e v iwaoa.ww PARKING SUMMARY e 6�\\ p 1� S vi, iJ �� iII ioMvvlq •� / inun� �\ ®�mw� �uee�mml+® w�rea ®wvm� on�w �ra�rtvwerw®.rEm�vE FTFFMf SChLE I'=96'-0" NCR1H OUTER BANKS :■ • SITE PLAN A-100 A MIXED USE COMMUNITY-MERIDIAN,IDAHO 20013 0823.2021 REV.12.032021 +ae s-+orrE aoiNr aervE ai>E�.w NcsenuE,useal Tle+e��Taw m�a�.�°� Page 22 Page 303 Item#13. 1 � ® - Franklin Road r .. 10 MERIDIAN W 66L.Iii 0 -LLL?WULLLI Conditional Use Permit Residential Project Summary �� _ tee, High Density Aparh ends HD1-HD3 364 units ® __ ffrrffrrff lit 1 BR-260 units=55% 1 •��lLlLl� .�Ll - 3 2BR-164unit5=45% 'G Flak B1-B3 126-as 1BR-66un1f5-54% 213R-56 unds=46% Townfi—R-26 D1-D3 26 units - a®0e 3BR-26 unns Total Residentlal Units 516 units i ®® Parking R�quind 129 ,a Parking Provided 1026 4n spaces G 7 a® --�- (D _ -=-- -- - - - e00 ni ei Outer Bank Subdivision -Preliminary Site Development Plan Page 23 Page 304 Item#13. E. Qualified Open Space Exhibit(dated: 9/1641 12/7/2021) -REVISED ®ap .� __ � S Hill I loll Li Li m m _ - ® U R11 u fq o ♦ ♦ .. _..- _-sue..- ._ >-.- .-__ �.,. /�/� IA Y L � ♦Y L + W L-3.0a SHEET Page 24 Page 305 Item#13. F. Conceptual Building Elevations&Renderings for Multi-Family Structures&Clubhouse Pw._. �.Y.n i ai°rwm- ir }REAR P1-SNOOD IWHITEI P2-SNGCA NGHT P3-PATIO& !M1-METAL SIDING M2-TRIM(SILVER) OO�� TAD TAlll G4RAGE DODR5 IGRA1') TgD. ��� T.B.D. ■ HGHFTANI !T.gD. (3va S o1�HARDIE AL[9ARH REFRONT I—K- SIDING(ME-0IDM - VENEER(GRAY7T� I... ®FRAMEIGRAYI ■GLAZING HARDfE PLANK- TGNEI -ELDIXiADO SRHJE- T.B.D. T.B.D. T.B.D. M9UNFA[N BACaE T69 - ROUGH Uff-LOIRE I^'��� VALLEY V OUTER BANKS SUBDIVISIONBUILDING F-EXTERIOR ELEVATIONS A-203 AMi USEG MUNRY-MERIDIAN,k 0 2W 3 08.23.2D11 wnsmf wxromE m Ra�.u¢uxs� •Imiurm mm.amii 4i-i¢Yiw _.__MriwuniT� 4aY'_I➢ 'Pl-STIIGCOIWFiRE) P2-STUOGO NIGHT NZ -PATG IOS `I .M1-METAL BIDING M2-TRIM(SILVER] C'i"'� ;T.&D. ■T.B.D. T...D.fTAN)DRG I T�n F.6.D. T.B.D. II` ■SDI-HARDIE JMSI-ST�EO��EEM��,�RH ■ ■STOREFRIONT ■STOREFRONTSIDING(MEDIUM HARDIEPLANK- TpNE EL9ORA➢O SiDNE —D. TE.D. T.G.D. MOUNTAINSAOE T_g,D. ROUGH CUi-LOIRE ��� VALLEY C' C BUILDINGF-EXTERIORELEVATIONS A- 004 A MI% U5EGCI.NAUNRY-MERIDIAN,EDAHO 211013 Dg23 ZRI uisamEwxroRxE acre Na Roaeuu�uzss� �r� mwd:m:i Page 25 Page 306 Y Y� N �• ± ,'may J� •�'j �fiRa ��'; �� � p ..� PON ;1.0 dKj OUTER BANKS SUBQIVISIDNAl 'i i R 1•i If� - � I k� � n - OU�ANKS 5UB©IV1510N FROM +• fic�r;c' Item#13. r• ' I I lit = BUILDING HD-1 a HD-2-EXTERIOR ELEVATIONS A-Z05® r.M%ED D3E COIAAIDMIVMERIONN.lDAHO �00�3 OE.IS�t irnnveomarn w�ru .arn.�c c�za rr..u�k ar� IBM - � y 1 Feu.ae�.ig., Elm OUTER BANKSC■ BUILDING HD-1&HD-2-EXTERIOR ELEVATIONS A-ZD6� AmEDllSECCANAl NH -MERI 1D 4o A113 m.nmt e rn aroirarrr �vc�.0-- 1 •,.emu» Page 27 Page 308 qi 1F `,� I 11 OUTER BANKS SUBDIVISION FROM ' 1 o utoll - } - OUTER BANKS SUBDIVISION Biirgcs IN rl _ I. f I.�.. ►�. e I[ �J ° ^l OUTER BANKS SUBDIVISION { 5 Page Item#13. Ell Ell yexnrr uevargrr ■_�■ ■ !■._ s4 • ■ ■ O wr OUTER BANKS =■ BUILDING HD-3-EXTERIOR ELEVATIONS A-207 AWEDUSECCMMUWN MEFW".0000 EW13 77,"Mi im m.Kivm wnc xrn io wlnus u�wi ilia wlrm u BANKSOUTER BUILDING HD-3 EXTERIOR ELEVATIONS A-208® A lA,\CD uSC CCAVIUHfII'MCRiRiAY !CN 10 R0013 �n3�1 iia.v�Mrn ui.x unra wmiiar� .iw we.a nay Page 29 Page 310 Item#13. • ....coL c�uL-■ ..•a.io SIGH DENSA�I'HD-3I FROM SOUTHEAST..,.��..n._...A-902.3® 7 • iN �J u., o�, mn�, eoza • i • HIGH DENSITY(HD-3j FROM EAST(OPEN SPACE) F Lift film IN T��1 •UTEREANKS SUBDIVISION o HIGH DENSITY(HD-3)WEST ENTRY �s�•.u�•nA-902.5® Page 30 Page 311 Item#13. .. _ ■::..__ e�.� ■.::. _ II 111 . _ � :.__.- OUTER BANKS SUBDIVISiON BUILDING D-1.D-2,&D3-EXTERIOR ELEVATIONS A-209 AWXID5 C�Uh:tt MERVANGA-10 Mil wnmi MUMILL �v I OUTER BANKS SUBDIVISION BUILDING D-1,D-2. D-3-EXTERIOR ELEVATIONS A-270M AM D�� MEM ,IQAINI M13 mmmt Page 31 �t F � q - 6� ■ °f r NOW OIJTEft BANKS SUBQIVI5IDN ■ • ■ •• '+ ,,,..,. ..• TTT n-T- CLUB HOUSEEXTERIOR ELEVATIONS A-211 . 32 - - �� QIJTER BANKS SUBQIVI5IQN ■USE-EXTERIOR ELEVATIONSE�ofges QUTER 8ANK5 SIJBDIV151QNCLUB HOUSE ■ ■ ■ 'F t t QUTER BANKS SUBDIVISIONCLUB HOUSEFROM -■ PO 90 Barges r �' �ram. !�■ _ � fL ��*�'��,., OUTER BANKS SUBDIVISION •• 90 I;�„• �s Item#13. oar Ak 1EI c { ❑ h I IU5Lh18 KW Tr 6v8 IIOGr.Y_{ASS GW�Gf ELECT FKNM PCOL E WKMEWr JAH4 &JpptT First Floor Clubhouse WAv7Ehw pn;E %Mop - ' rr,m A rT[R wxm ru RY WITS _ Rr$TRcMW u u a L_ Al Al A EH-R'r� Asa . VCM.,'•TES ' a EAMNDE1FITr� K109R + T T CENrER C EM TERWOW h�i �i Fla hR: *40' CEnTEI rmNTxtpr ��rr,,'��� ...� wrlw at a�.Fla■ �� �44FL4EE}i '�I E11 y�iYMa �aesv�rs ASS E ■ ff t 4LNl46ER REGEPI. �TOPLlOL � �GhSRIG awerwaT� tgwp i ❑ ram— r I I U—LJ�L�J I � '. LOIMI9E c a" '/Eere_lEFIfNETRRr _ I 1 1y® I u I'LYx E LEV I PARC L LY 11 ILLII _ IrrKra: I mp MnSr I Eujr 1 rl aEl I WTGHEH o h3%Il.k �i I 1 P LhYl�R1ti9YF I i I � 1 1I EiS Page 35 Page 316 Item#13. Second Floor Clubhouse u wowks WDIS MEFTIHG w I TMI F4 e 't' W* KA4 R W M / SEA4ER � Lo CMEN L ci CLNkk fffJ iAlCLW �-^_^y tHEI4TRE EODC _1 fL ROOM —� LORA"? E KAMO MEN RVW ._. r. I LOUNGE F ILi I EUI, �r OkJTD 4R ec�a+r OALCADNV Page 36 Page 317 Item#13. IX. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Future development shall comply with the provisions in the existing Development Agreement (Inst. #2021-132704,H-2021-0025) and the conditions in this report. Preliminary Plat: 2. The final plat shall include the following revisions: a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association,as set forth in UDC 11-3B-7C.2b.Required street buffers are as follows: minimum 25 feet wide along W. Franklin Rd., an arterial street; minimum 35 feet wide along S. Ten Mile Rd., an entryway corridor; and minimum 20 feet wide along W. Cobalt Dr., a collector street. Street buffers are measured from the back of sidewalk where attached sidewalks are provided and from the back of curb where detached sidewalks are provided per UDC 11-3B-7C.Ia. b. The extension of W. Cobalt Dr. from the east to the west property boundary shall be included in the construction drawings for the first phase of development; or,may be included in a separate submittal to ACHD. c. Depict the Irrigation District's easement for the Kennedy Lateral. d. The street section for Cobalt Dr. shall include(2) 11-foot wide travel lanes, 6-foot wide bike lanes, 8-foot wide parallel parking, curb, gutter, 8-foot wide planter strips (i.e.tree lawn/parkway) and detached 6-foot wide sidewalks consistent with Street Section D in the TMISAP(see Pg. 3-21). Parallel parking shall be located to the west of the horizontal curve for Cobalt Dr. and be located beyond the sight distance required for the access proposed on Cobalt Dr. as required by ACHD. e. A 5-foot wide dry-utilities corridor shall be provided along both sides of Cobalt Dr.;both wet utilities may be located in the street. Streetlights shall be placed in the dry utilities corridor on either side of the street in accord with Street Section D in the TMISAP(pg. 3-23). f. Provide a minimum 8-foot wide tree lawn/parkway along S. Ten Mile Rd. in accord with the TMISAP. g. Dry utilities shall be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W. Franklin Rd. in accord with Street Sections A and B in the TMISAP (pg. 3- 22). 3. The landscape plan included in Section VIII.0 shall be revised as follows: a. Include shrubs(along with the trees and lawn or other vegetative groundcover) in the proposed street buffers as set forth in UDC 11-3B-7C.3a and along pathways as set forth in UDC 11-3B- 12C.2. b. Street buffers at the required width are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association as set forth in UDC 11-3B-7C.2(see#2a above for required widths). c. Include a calculations table on the landscape plan that demonstrates compliance with the landscape standards for street buffers listed in UDC 11-3B-7C.3b; common open space areas listed in UDC 11-3G-3E.2; and pathways listed in UDC 11-3B-12C. d. Depict a minimum 5-foot wide detached sidewalk along S. Ten Mile Rd. in accord with UDC 11-3A-17A. Page 37 Page 318 Item#13. e. Depict a tree lawn along S. Ten Mile Rd. (minimum 8-feet wide) and W. Franklin Rd. and pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP(see pg. 3-22). f. Depict a minimum 8-foot wide tree lawn along W. Cobalt Dr. with street lights in the dry utilities corridor on either side of the street consistent with Street Section D in the TMISAP (see pg. 3-23). g. Depict a minimum 6-foot wide detached sidewalk within the street buffer along S. Ten Mile Rd. consistent with Street Section A in the TMISAP (see pg. 3-20).A 10-foot wide pathway is preferred based on ACHD's adopted Livable Streets Performance Measures but not required. 4. The subject property shall be subdivided prior to issuance of the first Certificate of Occupancy for the development as set forth in the Development Agreement(Inst. #2021-132704,provision #5.1 d). 5. Submit an updated Geotechnical Engineering Report prior to or with the first final plat application. 6. The entirety of Cobalt Dr. from the east to the west property boundary, on-site and off-site, shall be constructed prior to or with the first phase of development in accord with the specifications noted herein. 7. A Certificate of Zoning Compliance and Design Review application shall be submitted for each structure(or group of structures if desired) and approved prior to submittal of application(s)for building permits. The plans submitted shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP)and the design standards in the Architectural Standards Manual(see the Application of Design Elements matrix on pg. 3-49 of the Plan) as required by the Development Agreement.The commercial portion of the development should incorporate similar design elements, colors and materials as the residential portion of the development. 8. Public art shall be provided within the development consistent with the Development Agreement and the TMISAP(pg. 3�-49). A detail of such shall be included with the final plat application. Conditional Use Permit: 8. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 9. For each of the multi-family units, a minimum of eighty(80) square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Floor plans with square footage noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 10. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC It-4-3- 27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 11. Comply with building code requirements for separation between structures within the development. 12. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: Page 38 Page 319 Item#13. a. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; depict shrubs in addition to the trees along the pathways. b. Depict the locations of the property management office,maintenance storage area, central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access), and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. d. The configuration/location of the Flats F-3 building and the gage carport structures along the project's west boundary need to be revised to comply with the minimum setback requirement of 10-feet in UDC 11-4-3-27B.1;the configuration of Lot 16 may be revised on the plat in order for the building(i.e.F-3)to meet the required setback. e. Depict landscaping along the foundations of all street facing elevations adjacent to W. Cobalt Dr. in accord with the standards listed in UDC 11-4-3-27E.2. f. Include a detail of the fire pit,BBQ's,public art and children's play structure. g. A minimum of 9W 995 off-street parking spaces shall be provided as proposed,including 3-38 517 covered spaces. Compact stalls are discouraged but may be used for any parking above the number of required spaces per UDC 11-3C-5A.6. This does not include the 31 spaces required for the clubhouse, vertically integrated/mixed use or commercial uses. h. A minimum of 36 bicycle parking spaces that comply with the standards listed in UDC 11-3C- 5C shall be provided in central locations for each building(High Density,Flats and Townhomes). 12. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units as set forth in UDC 11- 4-3-27C.3. 13. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted for the multi-family development and approved prior to submittal of application(s)for building permits. The plans submitted shall substantially comply with those approved with this application and with any required modifications noted herein. The design of structures shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) (see the Application of Design Elements matrix on pg. 3-49 of the Plan) and the design standards in the Architectural Standards Manual. One application may be submitted for the entire multi family development. 14. Public art shall be provided within the development consistent with the Development Agreement and the TMISAP(per). A detail of such shall be included with the first Certificate of Zoning Compliance/Design Review application for the development. Page 39 Page 320 Item#13. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Extend water main to existing blow off to the west 1.2 Extend water main to the southern boundary in the right-of-way. 1.3 Eliminate dead ends by looping water through the development. 1.4 Dead end water mains must end in a hydrant. 1.5 Water and sewer mains require a minimum 20-foot-wide easement per utility or 30 foot combined with minimum separation maintained between mains. All easements must be free from permanent structures including but not limited to buildings, carports, streetlights, infiltration trenches,trees,bushes,trash enclosures, etc. 1.6 Manholes should not be placed in curb or gutter. 1.7 Proposed manhole SSWR-16 at the corner of Ten Mile and Cobalt should be removed from the sidewalk. 1.8 Access roads and easements are required for all manholes outside of right-of-way. 1.9 Angles in and out of manholes must be a minimum 90 degrees in the direction of flow. 1.10 No sewer service lines should pass through infiltration trenches. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement (marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 40 Page 321 Item#13. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Page 41 Page 322 Item#13. approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT by s://weblink.meridiancity.org/WebLink/DocView.aspx?id=238635&dbid=0&repo=MeridianCiU D. POLICE DEPARTMENT The Police Department can service this area if the application is approved. Do these units have climate-controlled hallways(not garden style)with controlled access entry points? If that is the case the applicant will be required to plan for emergency police access into each building entry point using a multi-technology keypad. This will allow police access, if there is an emergency, into the building if someone isn't able to come to the door to allow police entrance. Otherwise,police would have to breach the door to gain access which isn't ideal for anyone and delays our response. The Loft project at 10-mile/Franklin and the Bri at the Village use a product police recommend for this purpose. Police can work with the applicant on placement of the access. Police will have their own access code (same for each building)to use in an emergency. All townhomes and or multi-family units shall be clearly marked with addresses and unit numbers visible day or night for emergency response. The applicant shall place a way-finding map at each entrance. All qualified open space provided in the development,to include all amenities,must be in an open area in order to allow for natural observation opportunities. Pathways and landscaping should not create hiding spots or blind spots that would promote criminal opportunities. E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.org/WebLinkIDocView.aspx?id=240473&dbid=0&repo=Meridian QV Page 42 Page 323 Item#13. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=240055&dbid=0&repo=MeridianCity G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=239094&dbid=0&r0o=MeridianCiV H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=241148&dbid=0&repo=MeridianCiby I. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE h yps://weblink.meridianciV.org/WebLink/Doc View.aspx?id=241147&dbid=0&repo=MeridianCiU J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=242630&dbid=0&repo=MeridianCiU X. FINDINGS A. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section IX. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 43 Page 324 Item#13. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30- 2005, ef£ 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. B. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 and C-C zoning districts (see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map designations of HDR,MU-COM and MU-RES and is allowed as a conditional use in UDC Table 11-2B-2 in the R-40 and C-C zoning districts. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that essential public services are available to this property and that the use should be adequately served by these facilities with the exception of Ten Mile Rd., which the ACED report states will not function at an acceptable level of service upon development of this project based on traffic counts. Page 44 Page 325 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Pera Place Subdivision (H-2021- 0056/1-1-2021-0091) by Leavitt &Associates Engineers, Located at 4600 W. Daphne St., 4546 W. Daphne St., and Parcel 50427325702, Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. Page 326 Item#14. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district; Rezone of 6.99 acres of land from the R-4 zoning district to the R-8 zoning district; Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots on 16.63 acres of land, and; Development Agreement Modification to terminate the existing DA (Bellhaven Subdivision,AZ-07-011 &PP-07-016,Inst.#108057324)to incorporate the subject parcel(SO427325702)into a new DA consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision (H-2021-0056).,by Tony Tseng,Applied Media,Inc. Case No(s).H-2021-0056&H-2021-0091 For the City Council Hearing Date of: December 14, 2021 (Findings on January 4,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 14,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 14, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 14, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 14, 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091) - I Page 327 Item#14. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 14,2021, 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 requests for Annexation and Zoning,Rezone, Preliminary Plat,and Development Agreement Modification are hereby approved per the conditions of approval in the Staff Report for the hearing date of December 14,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091) -2- Page 328 Item#14. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian 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 December 14,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091) -3- Page 329 By action of the City Council at its regular meeting held on the 4th day of January 2022. 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 Simison 1-4-2022 Attest: Chris Johnson1-4-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-4-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091) -4- Page 328 item#�4. EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 12/14/2021 Legend y� DATE: Project Location TO: Mayor&City Council MRS ❑ � FROM: Joe Dodson,Associate Planner 208-884-5533 [HEIR SUBJECT:SUBJECT: H-2021-0056&H-2021-0091 (MDA) ®� Pera Place Subdivision LOCATION: The site is located at 4600 W. Daphne ,� Street,4546 W. Daphne Street,and 01. Parcel SO427325702,near the northeast ® - -- ----- corner of N. Black Cat Road and W. ; McMillan Road, in the NW'/4&the SW '/4 of the SW '/4 of Section 27, Township 4N.,Range 1W. - G I. PROJECT DESCRIPTION • Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district; • Rezone of 6-.84 6.99 acres of land from the R-4 zoning district to the R-8 zoning district, • Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots on 16.63 acres of land, and; • Development Agreement Modification to terminate the existing DA(Bellhaven Subdivision,AZ- 07-011 &PP-07-016, Inst. #108057324)to incorporate the subject parcel(SO427325702) into a new DA consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision(H-2021-0056). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ— 10 acres; Plat— 16.63 acres Future Land Use Designation Medium Density Residential (3-8 du/ac) Existing Land Uses Vacant land and County Residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 73 total lots—65 residential building lots; 8 common bldg./common) lots Phasing Plan(#ofphases) No phasing plan submitted Number of Residential Units 65 single-family units Density Gross—3.91 du/ac Page 1 Page 331 Item#14. Description Details Page Open Space (acres,total 3.14 acres total open space—2.84 acres of qualified [%]/buffer/ ualified) open space(approximately 17% Amenity Additional qualified open space above the requirement(at least 20,000 square feet); Pergola with a picnic table; and a Tot-lot. Neighborhood meeting date;# June 30,2021 — 12 attendees; September 13,2021 — of attendees: No attendees History(previous approvals) AZ-07-011 &PP-07-016 (for the R-4 parcel); DA Inst. #108057324; Black Cat Estates Subdivision No. 2 (County subdivision that includes the remaining 10 acres and two parcels). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Yes—Applicant received ACHD Commission approval on October 6,2021. Commission Action es/no Access Access is proposed via extension of existing and planned stub streets;two (Arterial/Collectors/State new access points to Daphne Street are also proposed. Hwy/Local)(Existing and Proposed stub street extensions include one from the north through Vicenza Proposed) Commons (N. Sepino Avenue) and one from the west through Brody Square that is currently under construction. Stub All existing and planned stub streets are shown as being extended into the Street/Interconnectivity/Cross project site,per the submitted plat. The Applicant is proposing internal local Access streets for all interconnectivity;no collector or arterial streets traverse the project area. Existing Road Network No Existing Arterial Sidewalks/ No; submitted plat shows new arterial sidewalk and buffer along short Buffers segment abutting N. Black Cat Road. Proposed Road The Applicant is required to improve W. Daphne Street as of a 33-foot Improvements wide street section with curb, gutter, and 5-foot wide attached sidewalk with this application. CIP/Five Year Work Plan for nearby roads: Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • The intersection of McMillan Road and Black Cat Road is scheduled in the IFYWP for the installation of an interim traffic signal in 2022. • Black Cat Road is listed in the CIP to be widened to 5-lanes from Ustick Road to McMillan Road between 2031 and 2035. • Black Cat Road is listed in the CIP to be widened to 5-lanes from McMillan Road to Chinden Boulevard between 2036 and 2040. • McMillan Road is listed in the CIP to be widened to 5-lanes from Black Cat Road to Ten Mile Road between 2031 and 2035. • The intersection of McMillan Road and Black Cat Road is listed in the CIP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg, 4-lanes on the south,2-lanes east, and 2-lanes on the west leg,and between 2031 and 2035. Distance to nearest City Park 1.5 miles to Keith Bird Legacy Park(7.5 acres) (+size) Page 2 Page 332 Item#14. Description Details Page Fire Service • Distance to Fire 2.5 miles from Fire Station#5 (project would be serviced by future Fire Station Station#8, scheduled for completion in Summer 2023). • Fire Response Time The project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#5 reliability is 84%(above the goal of 80%) • Risk Identification Risk Factor 2—Residential with hazards(proposed pond/drainage facility) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Police Service See link in Section VIII.D Wastewater • Distance to Sewer N/A Services • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Provide to-and-through to 4448,4500,and 4520 W.Daphne St. Manholes need to be extended to property line at the east and into Daphne St at the south. • Ensure no sewer services pass through infiltration trenches. • Ensure that angles of pipe into/out of manhole is a minimum of 90 degrees in the direction of flow. • Parcel SO427325702 is part of the Black Cat Main Reimbursement agreement. Water • Distance to Services 0' • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Any well that will no longer be used must be abandoned according to IDWR requirements. • Assuming existing blow-offs at the west boundary. Call out blow off removal. • Blow offs at the east side to be called out as per Standard Drawing W13. Page 3 Page 333 1 1 1 Ibis 1111��l;1. An IIIHIn'�i IS► Toil uum m n 1 . moll illlli._�Ilrmmml Boo 111111111 1 .■■ �Im'- 111111 milli��IIIIIImmI mmlm - -- Imlllmllll■ ilil�iIIII1� '`� �_ ■�; �� i nonunl: 1t1 :fir ;: �Bolnnl•�in a n ■ is■•• :�- glli -1 llmml in ilili v it Innry �7■,.u IIIII i-�own�■F � � ■�oml■ !rill,\ lo,� :;1I 1 IIII11 Boom 77�• �- --�'-- �IIIII id � .� ■Bono nlwn rllrlrriu������'�In luollil� 11II11 ��unn �umn►q — nomodli •i IIIIBo mmnnimn=-� I �1 I I -•r a r.. Illrl .-nnlnlmwm��. . q!ill ■ V - iloll iIN. mnmunnn I �Ir it d1111�j - 1111111111-1 �r ra�� \iIlII�1 Q `'F J _ -" IIIIIIII _ �IIi1111-++JJ 111111111= � IIIIIII m. - IIIIIIIIII 11 MCMIL-L-AN - MCMI�L-L-AN Ilil11111-�!noon ni rim- � __ i���+nnu111 Inm _r J =1=null! mono _. 1 mm� rm�i nnulD nmmr -- unmummm 1111111 llllllllnl 111 =IIIIIIII := .r� Ilmilli =1nnn111 nun IIIIIII �7 ,� - �. Inm�=mlminmimm_� m nu111n ^_ i'• ii1111��Inu■1 Imm�1U= , i " • � . 1 1 .1 1 • r1 1 - • - • _p mill 11 i_ _� - • - • _p Bolo 111\_- .- ■• `ilinilnl�:wG1 1� ■_ In•II1i ■• -11 nlln�i wI 1 1\.�i a Iml f Itli .1111i I1i11�: �BoIO lop .■�1111i Iiilli_p llllm Boom illlnn Bolo Alall IIIIIIII III _-a MINN In nnnnl i111�i1mom _■11 r1 r- . �mlri��';;111�1"�1=11iIIIIIIII� � • • -• •• - 1111111/_.IIIIIIIiIII i --—� -` I � llmlllllllli. Bo111r1"��1�lillillll i- -■■■ Bon �■�•• _-- •-� � Ta'�1 nlllp III'�'�IIIIIq:111I IIIIII► .� ::' Y Iw mmin�l! auli_�■.1 .�W.� w 11irr =='F ''+ rnmmr mmrl �\ i1111i .-.n�rm-_: ~ —_ ._ ill1l 11111i Boom ii.• �_•••-:__�.�IIm1O■ ■illlil�snum rnnl ��'�_i 11 111111 I llllfl rl nrrrn rnrri(�►� --��•�� 1 1111 __rrnm rrnn -- nlliodlo Ii 11 1111 nn I1111, u-r: mnuuu a _ NnBoodlo Ir•' -nnlmnnl111u—_ r �e nu...... — 111111�i nunnnnm�_ / � I�ii lilll� i11111-= nm■-�Y.'rri r mill ��!mill I, mian�uu D?I=' .p•,�li 1 , �'��r ie 1111 111111111 lllIMI! � IIIIIn IIIIIIII = uw■■un. JI i1��11�1 = lilln 111111111 11111'n°' Ilrlrlln- u IIIIIII uunnw m•numnim., '�6IIIIII_ 111111111111 � ���' IIl1 i1 IIIIIIIIII rll�nnwnnn■r��� ��� i�l■11n ', MIL-L-AN MCMILLAN— Illlllllll 11111111r rrllrr� MC 1 i� IIIIIIIIII 111111111 1 olrllnl Illllnl Bomunum � i-- . -_:;� ��IIIIIIIII IIIIII _____■__= 1 II-_ ±: v �1�h1111111111 IIIIII _ IIAIIIII mlrl�i ----. _= I IIIIII! mrrlli p ===- • ===�a .Irll 1 .�_ Ili__=-_■- . --- Ilnlll 4C 1 mm� Pilr�i�lnnuSU nuul• 1 nnln rnnnnli�num I - ��'- mum'°�a wmnnr i111i1 Illllllllli IIIIIII tlllll `n m1111111111111111i Illlllr -_._ =wnm 11111 pAllmnv n nmm�rl Inn Y _num �= Boom nnnnnl um _-Hun i Cllllllllln BIIIII IIIIIII r� - 1111111111111�-� �IIIIIIII �� 1• 5U > IIIIIII p elnnnm r1111r �111��1111111_•loon!!,!71� el• IG7G.1`f•L _e InnmDmmmll= IDiw Bon hug 1nm p=nlnrll nuunm { - ii111 C rllllrll JIJ� IIIIII 1 o I�all-'�� ^C� 1 Inunlu IIIIIII.w�ll umnnn_ ■ on-_an on►� - • • •• -• -1 • i r• • . �� i • Item#14. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 9/17/2021 11/28/2021 Radius notification mailed to properties within 500 feet 9/15/2021 12/2/2021 Site Posting 10/15/2021 12/1/2021 Nextdoor posting 9/16/2021 12/6/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(ht(ps://www.meridiancity.org/compplan) Medium-Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject project is approximately sixteen and a half acres (16.5) and includes three (3) existing parcels, one of which was annexed into the City with the R-4 zoning district in 2007 and has an existing Development Agreement(DA). The area to the north of this project is developed R-4 zoning with detached single-family homes and an R-8 subdivision is approved to the west of this project, Brody Square. Consistent with the future land use designation of MDR (3-8 du/ac), the Applicant is proposing Pera Place Subdivision with 65 building lots equating to a gross density of 3.91 units per acre. Therefore, the Applicant is proposing a residential project at the low end of the allowable density. Furthermore, the proposed use of detached single-family residential is an allowed and anticipated use in the requested R-8 zoning district and MDR future land use designation. REZONE:As noted, a portion of this project is already annexed and zoned R-4. This area of the project created a county enclave that is still owned by the same property owner and is referred to as the Poorman outparcel. This enclave is currently not annexed into the City and was not required to annex when the R-4 property was annexed and approved for a preliminary plat in 2007. The previously approved plat is no longer valid as it is long expired but the existing DA is tied to previous layout and the existing R-4 zoning. The Applicant is requesting to rezone this area to the R-8 zoning district to match the requested zoning of the 10 acres to the south and the approved projects to the south/southwest. Because there is an existing DA tied to a plat that is no longer valid and the Applicant is requesting to rezone this area,the Applicant should submit a Development Agreement Modification application to replace the existing DA and incorporate its boundary with the property included with the concurrent annexation request. This will ensure that the subdivision will develop as proposed. The MDA application was submitted prior to the Council hearing. Staffs recommended DA provisions are already in the conditions section of this report,Section VIII, and supports the MDA request to ensure a more connected road network and cohesive project is proposed.If the Poorman outparcel is not included in the proiect boundary, the project area within the annexation boundary(approximately 10 acres) could likely stand on its own merits.However, the project was not analyzed in this manner so Staff cannot muarantee 100 percent compliance with UDC standards for this area alone. For example, the required amount of qualified open space. Should Council decide the R-4 parcel Page 5 Page 335 Item#14. should not be a part of this protect,Staff recommends a continuance to allow Staff time to analyze iust the 10 acres associated with the annexation request. In general, Staff finds rezoning this area from R-4 to R-8 a logical expansion of existing zoning nearer the corner of Black Cat and McMillan Roads to the southwest of the subject site. Brody Square Subdivision is an approved R-8 subdivision directly to the west/southwest of this area and the Applicant has aimed to match the lot lines along the abutting project boundary. This same density is proposed throughout the proposed project;Staff finds the proposal to annex 10 acres and rezone 6.5 acres to the R-8 zoning district offers an appropriate transitional density to the developed R-4 area to the north. Staff finds the proposed project to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA)in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a new DA that encompasses the land proposed to be rezoned and annexed with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the new DA is executed and the RZ and AZ ordinances are approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density and site design similar to project approved to the west. Despite proposing a similar density and lot size as that to the west, this Applicant is proposing a large linear open space lot and varying lot sizes throughout the development that should offer different home design.In addition, the overall combined density ofprojects in the area near the corner of Black Cat and McMillan offer a transition between the arterial roadways and the existing R-4 zoning to the north.It is anticipated and planned within this corridor along McMillan that detached single-family homes will be proposed. Furthermore,proposing a density near the lowest allowed provides the City a relief to the transportation network and area schools when compared to a project at twice the density, which would be allowed within the same future land use designation. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site to the west and north. This project also lies within the Fire Department response time goal and Fire has approved the accesses to and through the site. West Ada School District anticipates an additional 45 school aged children from this development, according to the ratio of 0.7 kids per household. With the anticipated additional school aged children in the vicinity of project area, Staff anticipates adequate capacity for the designated middle and high school but overcrowding at Pleasant View Elementary, the elementary school approximately '/mile to the north through the adjacent subdivision. Unfortunately, the City does not control the construction of new schools but Staff is aware of the potential for overcrowding at the neighborhood elementary school. Because of this, West Ada anticipates some students utilizing the options of charter schools and specialty schools. Staff finds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. Page 6 Page 336 Item#14. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F). The Applicant is proposing this project with two large open space lots totaling 2.75 acres. These two lots are located at different areas of the plat with one being 97 foot wide linear open space in the south portion of the site and the other located along Black Cat and is proposed with a vast number of existing trees that are remaining. Both areas have ample recreation opportunity and pedestrian connections through them. Preserving the existing trees and creating an area of open space that links through the subdivision in the south present adequate usable open space, appropriate conservation, and ample aesthetics for the project. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project is extending the attached sidewalks from the south to allow easy access to the future pedestrian facilities and amenities within Prevail Subdivision. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing lot sizes and lot lines similar to that of the approved Brody Square subdivision directly abutting the site to the west. In addition, R-8 zoning is an appropriate zoning to transition to the R-4 zoning to the north. The Applicant could revise the lot sizes along the north boundary to meet the R-4 minimum lot size of 8,000 square feet but due to the proposed road layout, aligning lot lines may still be difficult. Furthermore, in this area of the site, the Applicant is proposing six lots adjacent to five existing lots in Vicenza Commons offering similar density along this shared boundary. Therefore, Stafffinds the proposed density and lot placement should provide a cohesive project with Vicenza Commons to the north and provide adequate transitional density overall. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is proposing to extend all abutting stub streets—N. Sepino Avenue from the north, a local street from the west in Brody Square Subdivision, and two new connections to Daphne Street, the existing local street along the south project boundary. The Applicant is also proposing a new stub street to the east boundary for future connectivity and development opportunity for those parcels to the east. Further discussion and analysis on this are below in Section G,Access. Stafffinds the Applicants proposed street connections comply with this policy. "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties."(4.08.02A).As discussed, a portion of this project surrounds a county enclave that utilizes private septic and well systems. Staff has had multiple discussions with that landowner and they do not have an interest in annexing into the City and connecting to City services at this time. The submitted plans show their septic drain field on a small portion of the already annexed R-4 parcel(discussed in more detail below) perpetuating prolonged use of the private systems. Stafffinds these conditions do not comply with this policy. Stafffinds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are two existing county residential single-family homes with accessory structures on the two 5-acre sites abutting Daphne Street. Both homes are proposed to be removed upon development of this project. Within the existing R-4 parcel,the Poorman outparcel has their septic tank drain field on a small area just north of their property line near Black Cat Road.According to the Page 7 Page 337 Item#14. submitted plat,the Applicant has proposed a non-buildable lot over this area. Staff does not support the inclusion of a non-buildable lot for this shared use and instead recommends the developer and the Poorman's enter into a separate agreement that defines how this area is to be used and maintained.This recommendation would remove the non-buildable lot and incorporate this area into the larger common lot as previously proposed by the Applicant. This agreement should be included with a future final plat application and include a termination clause when the Poorman outparcel redevelops or connects to City services. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 6,705 square feet and a minimum lot size of 5,297 square feet. This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2 and all lots meet the minimum lot size requirement of 4,000 square feet. The Applicant has not noted if this is a phased project,however Staff anticipates it to develop as one phase. The proposed use, lot sizes, and lot alignment should provide for a development that is cohesive with the adjacent development to the north and the planned development to the west/southwest. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements except for the length of the proposed east-west cul-de-sac shown as W. Philomena Court in the north portion of the site. This cul-de-sac measures approximately 550 feet in length, 50 feet beyond the allowed length by UDC 11-6C-3. Therefore, the Applicant requires a Council Waiver to exceed the 500 foot limit for a dead-end street. Note: The original preliminary plat met this requirement and included an access easement to the Poorman outparcel.At Staff's recommendation,the Applicant extended Philomena Court further west so that right-of-way would touch the Poorman outparcel instead of an easement. Staff recommended this because easements are more difficult to track and maintain than having abutting right-of-way. With the current layout, the City will have more means of requiring the Poorman outparcel take access from Philomena Court instead of Black Cat should that properly ever redevelop. Therefore,Staff recommends Council approve the waiver for the dead-end street to exceed 500 feet. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any standards. However,the submitted elevations depict single and two-story homes with two-car garages. The elevations depict field materials of lap siding and faux shingles with varying roof profiles offering an overall array of potential homes. Because these homes do not abut an arterial or collector roadway, staff is not requiring any additional design review with the building permit submittal. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via multiple local street connections and no arterial or collector street connections. One access is via extension of N. Sepino Avenue, a local street stubbed to the northern boundary from the Vicenza Commons Subdivision. The Applicant is also proposing two new north-south local street connections to W. Daphne Street,an existing county local street along the southern boundary. Daphne Street is the access point for the existing county residences Page 8 Page 338 Item#14. and is proposed to be improved with half-plus-twelve feet of pavement, curb, gutter, and 5-foot attached sidewalk,per the ACHD staff report(see section VIII.I). The submitted plat shows these north-south local streets intersecting a new east-west local street that would be an extension of Avilla Drive from Brody Square to the west(Brody square is currently under construction but no roads have been constructed at this time). The proposed N. Sepino extension intersects Avilla Drive and is the access point for the noted Philomena Court. In addition,the Applicant is proposing a common drive off of N. Sepino that serves three (3)building lots; the two other lots adjacent to the common drive are proposed to take access from N. Sepino instead of the common drive. All local streets are proposed as 33-foot wide street sections with 5-foot attached sidewalk within 47 feet of right-of-way consistent with ACHD policy. The Applicant is also proposing to extend Avilla Drive to the east boundary as a stub street for future road connectivity to adjacent properties. The improvement of Daphne Street will also allow for future connectivity to the east with the assumption that redevelopment of the parcel(s)to the south will be required to complete the south half of Daphne and continue the pedestrian connectivity. Staff supports the overall road layout and stub street locations as proposed on the revised preliminary plat. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table H- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist. Furthermore,no on-street parking is allowed within any part of the cul-de-sac at the end of W. Philomena Court unless the Applicant revises it to be constructed with a 57-foot radius. Because each lot is at least 50 feet wide and there are areas where no driveways exist on the local streets, Staff is not concerned with the amount ofparking in this subdivision. I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along all proposed streets except for that sidewalk along N. Black Cat—the Applicant is proposing to construct 5-foot wide detached sidewalk within the required street buffer consistent with code requirements. In addition,the Applicant is proposing 5-foot wide micro-paths through each large open space lot for added pedestrian connectivity. The proposed sidewalks meet UDC 11-3A-17 and ACHD standards. As proposed, the project and existing conditions of the Poorman outparcel not being annexed into the City would create a sidewalk gap along the east side of Black Cat. This gap would be approximately 190 feet in length and equates to the Poorman out parcel's frontage along Black Cat. This sidewalk gap is why the project required ACHD Commission approval instead of the standard staff-level review and approval. The ACHD Commission approved the road layout and the overall project without this additional sidewalk connection but instructed the Applicant try to obtain the additional right-of-way and sidewalk along the outparcel frontage. Because the Poorman outparcel was allowed to remain unannexed in 2007 from the parcel that is part of this application despite common ownership,Staff does not find it feasible to include a condition of approval to require it be annexed into the City at this time or to require the arterial street buffer and detached sidewalk along the Poorman outparcel frontage. However, consistent with other approvals in the area,Staff recommends an interim sidewalk is constructed along the outparcel frontage for pedestrian safety and to eliminate this sidewalk Page 9 Page 339 Item#14. gap until frontage improvements are required at such time the Poorman outparcel is redeveloped. J. Landscaping(UDC 11-3B): The required landscaping regulated by code within the proposed development are the following areas: the common open space areas and the required landscape buffer to N. Black Cat Road. The submitted landscape plans show landscaping in these areas as proposed. The Applicant is proposing two end-cap common lots on the west side off. Sepino Avenue that are not wide enough to count as qualified open space but are still required to comply with UDC 11-3B-7, buffers along streets. The submitted landscape plans show compliance with code requirements for the number of trees and other vegetative ground cover. In addition, common open space is required to be landscaped with one(1) tree for every 8,000 square feet of open space. The large open space area in the south area of the site is shown as 46,319 square feet on the preliminary plat requiring at least six (6)qualifying trees. The submitted landscape plans show a number of trees exceeding this UDC requirement. The large open space lot in the northwest corner of the site adjacent to Black Cat is over one-and-a-half acres in size and has an unknown number of existing and mature trees. In addition to these existing trees, the Applicant is proposing at least eight(8)additional qualifying shade trees. Overall, Staff finds the submitted landscape plans show landscaping in excess of code requirements. The landscape buffer along N. Black Cat Road is required to be 25'wide and vegetated in accord with UDC 11-3B-7. The submitted landscape plans show compliance with UDC requirements for the number of trees, tree spacing/grouping, and additional vegetative ground cover with two (2) new trees and the existing conditions of multiple existing and mature trees in the buffer area. The landscape plans and plat also show this buffer to be within a 30 foot common lot exceeding the 25 foot requirement. As noted above, the Applicant is proposing a micro pathway from the cul-de-sac to the detached sidewalk along Black Cat through the existing tree area. Because this area is densely vegetated and has a relatively large gap between any roads(approximately 400 feet of micro- path),Staff is concerned with safety while traversing this path.Staff is unaware if these trees are pruned to accommodate better visibility or the level of visibility between the proposed cul- de-sac and Black Cat. Therefore,Staff is including a DA provision to install and maintain lights along this micro path to help with pedestrian safety and meet CPTED policies in this area. The Applicant is required to dedicate additional right-of-way for Black Cat total 50 feet from centerline. This additional dedication is for future widening of Black Cat but in the meantime, UDC 11-3B-7C.5 requires a gravel shoulder of no more than 10 feet with the remaining area to be vegetated with lawn or other vegetative ground cover;gravel is not a sufficient ground cover material.According to the submitted landscape plans, the Applicant is not showing compliance with this code section. So, Staff is recommending a condition of approval to revise the landscape plans to meet this requirement prior to Final Plat submittal. K. Qualified Open Space and Amenities(UDC 11-3G): The proposed preliminary plat area is approximately 16.6 acres in size in size requiring at least one(1) amenity and 1.66 acres(approximately 72,300 square feet) of qualified open space per UDC 11-3G-3. The Applicant is proposing a pergola shade structure with a picnic bench,a tot- lot, and at least 20,000 square feet of qualified open space to meet the amenity requirements; Staff finds the proposed amenities exceed code requirements. Page 10 Page 340 Item#14. According to Staff calculations,the Applicant is proposing approximately 2.84 acres of qualified open space(approximately 17%)to include half of the Black Cat buffer,and the two large open space lots within the project. As discussed throughout the report, Staff finds the proposed open space to be thoughtfully designed and placed for appropriate recreation and use. Note: the large linear open space lot in the south end of the site contains three(3)separate pond facilities that are needed to provide pressurized irrigation for the project.According to the submitted landscape plans, these facilities are shown as small open water ponds with landscaping and rock around each one creating aesthetic open space amenities. Staff finds these small ponds add to the overall beautification and recreation of the open space area so long as they are maintained in accord with UDC standards to include recirculating water and are maintained such that they do not become mosquito breeding grounds. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed including open vision fencing adjacent to common open space areas. VI. DECISION A. Staff: Staff recommends approval of the requested annexation,rezone,preliminary plat, and DA Modification application with the requirement of a new Development Agreement per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on November 4, 2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning,Rezone, and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Dan Lardie,Applicant Representative; Tony Tseng,Applicant;Mr. &Mrs. Poorman, sellers of the R-4 parcel. b. In opposition:None C. Commenting: Dan Lardie; Paul Poorman; Gayle Poorman; Joel Ta uneighbor; d. Written testimony: Don Applegarth,neighbor. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor. 2. Ke. ids)of public testimony a. Location of proposed micro-path in open space lot in northwest corner of the site and a desire to move it to further from the existing homes; b. Transition in lot sizes/lot lines between proposed R-4 lots and existing R-4 lots to the north; C. Overall desire for applications to be approved as proposed because of Applicant's willingness to work with sellers. d. City's place in creating the Poorman outparcel starting in 2007 and onward by not requiring the parcel be annexed originally. 3. Key issue(s)of discussion by Commission: a. Confirmation of use for proposed irrigation ponds in central open space; b. Configuration of remaining parcels to the south and east—is proposal adequate transition to the larger 5-acre parcels. C. Size and configuration of lots on proposed common drive; Page 11 Page 341 Item#14. d. Issues of allowin existing xisting Poorman outparcel to remain and not become part of plat/annexation area—what are the Cily's options with this parcel; 4. Commission change(s)to Staff recommendation: a. Move the micro-path in the largeopen space lot along Black Cat to be further away from the fence along the north boundary to a more centralized location in the open space lot; b. Revise the plat to show the lot lines along the north boundary(Lots 2-7,Block 1,)to align with the existing lot lines to the north in Vicenza Commons Subdivision. 5. Outstanding issues for City Council: a. None C. The Meridian City Council heard these items on December 14,2021. At the public hearing the Council moved to approve the subject Annexation and Zoning,Rezone,Preliminary Plat and Development Agreement Modification requests. 1. Summary of the City Council public hearing a. In favor: Tony Tseng,Developer; Paul&Gavle Poorman,property owner; David Pera, property owner; b. In opposition: None C. Commenting: Tony Tseng;Paul Poorman; Gayle Poorman; David Pera: Erik Harter. neighbor;Ken Tokowitz,neighbor;Victoria Tague,neighbor: d. Written testimony:None following Commission hearing. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Lt. Harner,Police Department; 2. Key issue(s)of public testimony: ^ a. Desire for project approval and testaments of Developer's,Tony Tseng, good character: b. History of Poorman outparcel and why keeping as many of the existing trees is so important to everyone in the neighborhood; c. Understanding and support of sidewalk needs along Black Cat by the Poorman's and developer- d. Overall desire to keep trees in open space area for some nature preservation• 3. Key issue(s)of discussion by City Council: a. Plan for utilizing,,maintaining, and improving wooded area shown as common open space in the northwest corner of the site, specifically in terms of lighting and safety concerns brought up by Police Department- b. Timeline of sidewalk improvements for adjacent projects, specifically the required sidewalk along Black Cat: c. Location of amenities and quality of irrigation ponds during off-season months: d. Aunroval of the needed Council Waiver for the proposed cul-de-sac over Sffi (550')in length because of Staffs recommended revisions. 4. City Council change(s)to Commission recommendation: a. None Page 12 Page 342 Item#14. VII. EXHIBITS A. Annexation and Rezone Legal Descriptions and Exhibit Maps IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Boundary Description for Pera Place-City of Meridian Annexation August 5,2021 A parcel of land situated in the southwest quarter of Section 27,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,including Lots 2 and 3,Block 2 of Black Cat Estates Subdivision No.2,(instrument number 870382, records of Ada County,Idaho);and being more particularly described as follows; Commencing at the southwest comer of Section 27,Township 4 North,Range I West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west quarter-section corner of Section 27; Thence N00°31'09"E, 1318.65 feet along the west line of Section 27 to the south sixteenth-section corner of Section 27; Thence S89°17'46"E,660.80 feet along the north line of the southwest quarter of the southwest quarter of Section 27(City of Meridian annexation instrument number 2020-138111,records of Ada County,Idaho)and the south line of the north half of the southwest quarter of Section 27(City of Meridian annexation instrument number 108057325,records of Ada County,Idaho)to the POINT OF BEGINNING: Thence continuing S89°17'46"E,728.47 feet along the south line of the north half of the southwest quarter of Section 27,and the current boundary of the City of Meridian(City of Meridian annexation instrument number 108057325,records of Ada County,Idaho),to the corner of Vicenza Commons Subdivision(instrument number 2018-085335,records of Ada County,Idaho)on the north boundary of Lot 4,Block 2 of Black Cat Estates Subdivision No.2(Record of Survey instrument number 112020950,records of Ada County,Idaho); Thence N89°25'46"W,67.40 feet along the north boundary of Lot 4 to the northeast corner of Lot 3,Block 2 of Black Cat Estates Subdivision No.2; Thence S00°32'04"W,659.59 feet along the boundary of Lots 3&4 and the southerly extension thereof to the center line of W.Daphne St.; Thence N89°16'00"W,660.89 feet along the center line of W.Daphne St. to the southerly extension of the boundary of Lots 1 &2,Block 2 of Black Cat Estates Subdivision No.2,and the current boundary of the City o Eq o Page 1 of 2 4L '0 a� ov l Page 13 Page 343 Item#14. • IDAHO 9955 W Erneratd St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Meridian(City of Meridian annexation instrument number 2020-13811, records of Ada County,Idaho); Thence N00°31'08"E,659.41 feet along the boundary of Lots 1 &2,the southerly extension thereof,and the current boundary of the City of Meridian to the POINT OF BEGINNING. The above-described parcel contains 10.01 acres,more or less. D Page 2 of 2 OF tV� Page 14 Page 344 Item#14. 1/4 N S.28 S.27 SCALE, 1,.=120' 0 30 60 120 240 N I POINT OF BEGINNING UNPLATTED NW COR. LOT 2 S1/16 660.80' S89°17'46"E 728.47' S8917'46"E - ------- Ll I , � I q 1 I , I , I d ±435,970 SO. FT. ° rnl ±10.01 AC Ln Q uJ w 10 in C0 N cO ' 4600 W. DAPHNE ST. 4546 W. DAPHNE ST. � Li co Y U' o U m 00 Pi O O I o O N m I z z p r BLOCK 2 I CD BLACK CAT ESTATES J cn SUBDIVISION NO. 2 + of1 I I � I I I I _ _W. _DAPHNE_ST. N89°16'DO"W 660.89'--- n - N Np� G S.28 S.27 LINE TABLE �c S.33 S.34 LINE[BEARING LENGTH 4 POINT OF COMMENCEMENT SW COR. SEC 27 L1 N89'2546"W 67.40 co Suave 2'-252 cw =x-3-ANNE%A TION.dw 8 5 2021 4',32:43 Pk JOB NO. IDAHO EXHIBIT DRAWING FOR 21-252 JSG SURVEY BOISE,DAHOALosT. PERA PLACE — CITY OF MERIDIAN ANNEXATION �HEOF°1 BO15E,IOAHO ILD S (208)8464570 GROUP, LLC SITUATED IN THE SOUTHWEST QUARTER OF SECTION 27. T.41M., R.1W.4 B.M., DWG. DATE ADA COUNTY,IDAHO 8/5/2021 Page 15 Page 345 Item#14. s69"17'46"e 674 728,47 78 25'4Ww 3 �m o� � 0 660.89 n89° '00"w Pera Place - Meridian Annexation Closure Worksheet 8/5/2021 Scale: 1 inch= 100 feet File: Tract 1:10.0085 Acres,Closure:n00.0000e 0.00 N.(11972464),Perimeter=2776 ft. 01 s89.1746e 728.47 02 n89.2546w 67.4 03 s00.3204w 659.59 04 n89.1600w 660.89 05 n00.3108e 659.41 Page 16 Page 346 Item#14. IDAHO 9955 W Emerald 5t SURVEY Boise, IQ 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Boundary Description for Pera Place-City of Meridian Rezone R4 to R8 Project No.21-252 December 6,2021 A parcel of land situated in the north half of the southwest quarter of Section 27, Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at the southwest corner of Section 27,Township 4 North,Range I West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west quarter-section corner of Section 27; Thence N00°31'09"E, 1505.03 feet along the west line of Section 27 to the southwest corner of Parcel B(Record of Survey 7768,records of Ada County, Idaho),the POINT OF BEGINNING: Thence continuing N00°31'09"E,255.13 feet along the west line of Section 27 and Parcel B to the corner with Vicenza Subdivision No.2 (Book 110 of Plats at Pages 15670 thru 15673,records of Ada County, Idaho); Thence S89°38'12"E,291.82 feet along the boundary of Parcel B,Vicenza Subdivision No.2,and Vicenza Subdivision No.4(Book 117 of Plats at Pages 17790 thru 17793,records of Ada County,Idaho); Thence S 19°35'11"E, 111.85 feet along the boundary of Parcel B and Vicenza Subdivision No.4 to the corner with Vicenza Commons Subdivision No.2(Book 117 of Plats at Pages 17794 thru 17797,records of Ada County,Idaho); Thence S34°24'46"E,79.39 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2; Thence S50°46'23"E,89.27 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2; Thence S88°11'48"E,896.60 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2 to the corner with Vicenza Commons Subdivision(Book 114 of Plats at Pages 17014 thru 17016 records of Ada County,Idaho); Page 1 of 2 •�rf OF F. f 1 Page 17 Page 347 Item#14. IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208)846-8570 Fax: (208)884-5399 Thence S 12°47'30"E,206.28 feet along the boundary of Parcel B and Vicenza Commons Subdivision to the south line of the north half of the southwest quarter of Section 27; Thence N89°17'46"W,728.47 feet along the south line of the north half of the southwest quarter and the boundary of Parcel B to the corner with the 5120 N.Black Cat Rd.Parcel(Record of Survey 12801,records of Ada County,Idaho); Thence N89°17'41"W,319.20 feet along the boundary of Parcel B and the 5120 N.Black Cat Rd.Parcel to the corner with Parcel A(Record of Survey 7768,records of Ada County,Idaho); Thence N00°26'34"E, 155.40 feet along the boundary of Parcel B and Parcel A; Thence N44°20'33"W,42.57 feet along the boundary of Parcel B and Parcel A; Thence N89°07'48"W,311.37 feet along the boundary of Parcel B and Parcel A to the POINT OF BEGINNING. The above-described parcel contains 6.99 acres,more or less. s, g Lr`,`a� Page Page 18 Page 348 Gm q+ / ! mn±'% 237 ,moo} 2S z @/22� / \ { \ - \\ - \AN 2. r} } \ \� } Ln 0 < = \ z 0 0 - c- m 0 % co Q m t m ' \ \ E -0. `2 n \ { � n§ -_ - �� co \ (n - Zk e \\ mo (} ƒ $j ( - R \ - } � D . &+ 2/ 2 0 [7 R § ° m A Q: \ sz _ r® . (e »� j \\ �} /\ Page 19 �7#g B. Revised Preliminary Plat(dated: 9/17/2021) Item#14. PERA PLACE SUBDIVISION PRELIMINARY PLAT TAN, R.1W,SEC.27 MERIDIAN,ADA COUNTY,IDAHO dsT�c rx+Hr-os-wn. M—nam F wnv 30.0 naP� ;560 50 l- �sanwclu°aa aW� A� .„sF- so INCH a1 MIX o PR - -crs s onss ,. PR aaN :-k-c—sHEo nccREca.E auE x k'�R�sneo urge TYPICAI SRiFFTGSFCTION n' WnRAPHNF STn STRFFT SECTION� N RI ACK CAT RWD HAIF STREFT SFCTINN TYPICAL SHARED aRNEA'AV SE NFH f:FN]A(:ON 0N5 SNR NC. N0TE5. ' II BOOK 1 =AGE 17T90 1 5893{'4Y'E 291.6 - 1.1 ,FIT. .� <. x1[xcavx[aTr rNlx [att waTa M1 N 1 �uE p sWnxE 5ueo3a5alr.1x IIp zsas i s. e w no.a, EX%R1 mee n g I .au M�VIC LA COmMT SLB N0 lX unmr 4 IN OOK 117 GE 17794 � j uex&sa�A VICEN7 COMMON SUB No-7 au smnM ceunna rnaunc.s,u_nc mnc vurvrawi jms4p rt/or�rt- esy BC K IIT PA�E 17794 51I'16T 0. - _�_ NH9'08'13'W 311.7Y' NHTB'25'YI \ &AO I -I - a-pc I� VICENZA C N5 SUB 4Z5C sF 900K 114 PA Ph.^-F 17p14 —J L29s,IF J L I 2 I 4 I a,g IgE assscJ L� I I xQ s j sTsoasr J IL s sF J ; Br�NC�11�RN yy ^- — — EL 234I z2 m YID 'k NENA CT�- - - aarvprE SwreEo oa r NAVa 89 NPurrEo u o5212 li 35P5214 li s 65F li f.�� e mI O �� s IF!I 5T�o`3 sali bLe��Is2nJ2 lJ sdl f6ac2c s1 firs 5+ae sfl_a 21 sr To I - �I 1 a I J I 1 sF B _ — J�+ K ]9 BLAGIK CAT ESTATES/j2 g¢� e,I BOOK 32 PAGE 1945 JNPI A'TFfJ ess �, g W 60g s— �a•_ - =1 I L sco.I SSJ 6�tts 1F—1 N--Ias�—T � Le�.,� J� �IL sTos sJ sF I. L__e�.rs_J I�6 LI • L f4 17 �4v 4 11.1FW 10 lJ o eso l sF L —y — BL4CK OAT ESTATES 42 BOOK 32 PAGE 194553 L9.ia_ � i- �- IF ® - s s I nl 2s F IT "N�1.Ti l x Az 29 t 1 T- Y e�®sF 1 — - — — ———`— I9ur�q�mn vim. E� cF OFF-SITE pBLACKnNCATs ESTATES�1 IS BOCK 29 PAGE 17DB s.za j sn 5.37 vvv S34 STE pLM Page 21 Page 351 Item#14. C. Landscape Plans(date: 10/7/2021) My m. W�oNtla eea m 06. A ,33NOW;No N ",;.' 9496801'NVI01l3W �%�,�ans s60L�� 35NI�tl103W031�dd�V9 eJ w vnlo.rvaruonaas d 3dVC)S4NVl IIVN3A0 . 101 ll3X 'ONI'SM3a IN10N3 '„��*"� � NVI NOISIAIa9f1S 3:1Mld V N 3 d S31tlI008Stl R 111Atl31 ¢ LU la_ �o oI< e�� Q 0y£ LL F ` dg OW y IL z< � ah ad two Z W ,`e ,e& - I - wc�z'�� W 5LLI I -------------- --- -----------------7 1 I 1 o- _ _ 1 �I L� I�. I,> - l III � i•JH _ A -- LU /� d LU -- d( 2 ¢ 1 anvenldasN. '; I.W` _ A � _,W�ri� %+m 1 z CO g W I no 1 _ T v 1 o J1 { e1 c 16------=-=-- � �, --t-- ------- ------ -- -- ww .� r7 fi w g 1 h� Cl) 1 1 l a 1� Ih I U 1 m 1 1 III 1 I l l o 1 I I Z 1 II I J •�- -------------i Page 22 Page 352 EEI ww......s.....®ANoy sluolslnaa wee°nmm s..e:u a-AIRY °aeeaaaaa 3�N�r 03W103WONe NdM1p93G A9 tlI01tl3W 9NIA3AMfiS O„�dd1V9 ^J unro.�ren3ona3 3NOV3MV-NVld3dVOSONVI 'DNI'SL133NIeJN3 9'"a�r�'., NOISIA1aan530V1dtltl3d S3IVIOOssv IR-LAtl3l a ❑ �� R �� L 2� R� 4 � p a � c � i p 4 �' e e � � � � Ty -• p � r m � - � e��� � ���W ✓ f J .. .. ,. _ .. _ R s m e a r, M a r` W ¢ �YG o Z 000 O 0 7p_ silo !1 fu 9 g R1 a a e �t� 9 IV og� r A 1 •Y� 110 I r� h ������ a a § 1 a er � y-�Q��� a is ��� s rxt M�.�� � �� ! 2 r F b' e � a a- t8 ,N! 'Pay�.�= � a�.�2 �'r is z5 Q`8Ga � sfi } q a SOQe . . . . ao� 000000000 � 00000 Z'6133S-3NIIH01VN _ I I I -L4133S�3NIlHO1VW 7 J I I I III i� m Ic I/ i /I o 11111 ISO fi �j e>J 1 � II I / 11\� (1 N• I I p I !r -1 O J� <. W J i.: Z m j W U CP - - OP - -I I ❑ Z 71OM9 N Page 23 Page 353 Item#14. :.:,'Y WO�'OHYOIN019N3WW1 ANOl SNOISIA3Y aN k N wox mr.nr• x.noe aaa"- LESLS94Ifi4613NOHd P _ �a Nx b� Penn� I'MV-mv 9v9£901'NYIOlh3W '3fitl NH09lIIY3'N 8LS9 �J aNusnans � +f ONI'tlIO3W 0311ddY unra.ivaninnaie : �:°'N 7 ONLLV3MV-M>ld3dVOSON`dl ae3�o �II -ONI`SM13 NIE)N3 NOISIAiannS 3DV-Id VH3d i S31V'IDOS9tl B 111AV31 • z W + ❑ _ E a L1.I 000 00 bCR� 3 ��re J ❑ e 9 € v OW W a € t< e W _ Nmm =°emu a e g} 2 5 s F to �5 J i�pap�y pp u t 'z3 _ � £ i s -§ .% _�€ s� aff 33 'f � ITe �IIY � aim 0 . d�' �u. m ' I z �€ E a������€.v e9-.E•5 EE �€ L "g $E 3g�P ,� .t M 8 o g Tj i d LQ a goo = O OpOoo{}a 000000 AL' I I ' Il i I II li I I • ° � �I I I I I ___ �.•I I �If I OZIZ 3ri'� Ir 1'II • L"I'L m �'I N -----'-----T-� • I -M_--_ -- - -- _. -- -- I _ I M M �AVsCN d-35--IV--- — s— — 5 — — I • I I I a • N I I. I Q 1 w i 1 I _ , I r_- Uq • Z LU I I m r I I ------ -� I 0-= � 4 _ I _ n 0 - -_ Q d'V1335-3NIlHOlNW L.II•. O CI-') I I —��— l'1133S-3NIlHo1VW Z,•_ F� i���• Page 24 Page 354 Item#14. d „ O LANDSCAPELEGEND aZ a I I TC`LINE-SEEt1'2___ __—.. o� P,fCHLINE SEE Lt 3 5 _J/ —J/ m m? VY � -. , � 3 � — � � � PLANT SCHEDULE f=•nfv �3� J — �M F� j I I I i I J I I i I L f O E i Iv - / —- \' -✓ - --- a -- -- I � c� �.�I� � ,� U I � J I � N I � o ofasaw y' ow i5..aw, i 4 l.' rr• . .r gF I r I i I I LLOUT LEGEND I I` w- W.. W W is SOUTH ,ry C lu BAIIRD °°gym'¢ - LANDSCAPE PLAN-AREA THREE 1° - - m ss loons L1.3 Page 25 Page 355 Item#14. D. Revised Open Space Exhibit gW av 4, / kZ �a Eli [J J�aY } � r? II 9' s. F i v W LU no z e rT e s MIN, Sarc3$z c�m. ° ' I '�u nr i Ve�wLLa3� Page 26 Page 356 Item#14. E. Conceptual Building Elevations IN 11-11 1 � �y��t- �. _ ass � � � • �-�� �� -. IT loll - r Page 27 Page 357 Item#14. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation and rezone of this property. Prior to approval of the annexation and rezone ordinances,a new DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation and rezone ordinance adoption, and the developer. Prior-to the City Couneil heaFing being seheduled,the Applieant shall submit for-a Development Agreement Modifieation to e the existing DA for the n n par-eel and i ,ate the entire rezoned and annexed property under a new .A fee of$502.00 shall be paid at the time of application submittal. The DA shall be signed by the property owner(s) and returned to the Planning Division within six(6)months of the City Council granting the annexation and rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the approved plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Applicant shall install and maintain lights along the micro-path proposed within the large open space lot in the northwest corner of the site(Lot 8,Block 1)to help with pedestrian safety and use of this open space area. c. With final plat submittal,the Applicant shall provide a copy of the executed agreement with the Poorman outparcel(Parcel#SO427325830) outlining the use,maintenance,and termination of the septic drain field that is part of the large open space lot in the northwest corner of the project, shown as Lot 8,Block 1. d. The Applicant shall construct an interim 5-foot wide sidewalk along the Poorman outparcel(Parcel#SO427325830)to eliminate the sidewalk gap on the east side of N. Black Cat Road and provide safe pedestrian access along this corridor. Coordinate with the transportation authority on approved construction methods for this interim sidewalk. zoning2. Prior-to the City Cotmoil hearing,the Applieant shall provide a fevised Rezone legal deser-iption and exhibit fliap for-the existing R 4 par-eel noting the rezone request to the R-9 distF et 3. The revised preliminary plat included in Section VII.B, dated September 17,2021, shall be revised as follows prior to submitting for Final Plat approval: a. Add a plat note stating that direct lot access to N. Black Cat Road is prohibited. b. Reese theme lot(Lot10,Bleek '�r the t3 eutpar-eel se-ptie drain field and show it as part of the larger-eemmen lot(Lot 8,Bleek 1). 4. The landscape plan included in Section VII.C, dated October 7,2021, shall be revised as follows prior to submitting for Final Plat approval: a. Any landscaping within the ACHD right-of-way shall be landscaped in accord with UDC 11-3B-7C.5. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Page 28 Page 358 Item#14. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 10. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS Site Specific Conditions of Approval 1. The blow off at the west boundary of the subdivision must be removed. 2. The new blow off at the east boundary of the subdivision should be called out using Standard Drawing W 13. 3. City requires developers to provide sewer to and through this project to adjacent properties. In accordance with the to-and-through policy, sewer must be extended to 4448,4500, and 4520 W. Daphne Street. 4. Ensure no sewer service lines pass through infiltration trenches. 5. Ensure that angles of pipe into and out of manholes is a minimum of 90 degrees in the direction of flow. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. Page 29 Page 359 Item#14. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. 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. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Page 30 Page 360 Item#14. 18. 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. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridianciiy.org/public works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The 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. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.asyx?id=236733&dbid=0&repo=MeridianC hty D. POLICE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.asyx?id=237247&dbid=0&repo=MeridianC hty E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.orglWebLinkIDocView.asyx?id=237895&dbid=0&repo=MeridianC hty F. WEST ADA SCHOOL DISTRICT(WASD) hgps://weblink.meridiancity.org/WebLink/DocView.ay x?id=238205&dbid=0&repo=MeridianC Lty Page 31 Page 361 Item#14. G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciV.oLv WebLink/DocView.aspx?id=237323&dbid=0&repo=MeridianC Lty H. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=239277&dbid=0&repo=MeridianC Lty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciiy.oLvlWebLinkIDocView.aspx?id=240450&dbid=0&repo=MeridianC Lty Page 32 Page 362 Item#14. IX. FINDINGS A. Annexation and Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district and Rezone a portion of the project from R-4 to the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's Page 33 Page 363 Item#14. capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development with the proposed road layout in mind. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 34 Page 364 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Addendum to Development Agreement Between the City of Meridian and Fast Eddy's at Eagle (H-2021-0068) for a Modification to Development Agreement Instrument #20218-042029 for Property Located at 3775 N. Eagle Rd. Page 365 Item#15. ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Steve Eddy, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of ��l-50kP, ,2021, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Steve Eddy,("OWNER/DEVELOPER")whose address is 2151 N.Greenview Ct., Eagle, ID 83616. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the Development Agreement recorded as Instrument#2018-042029 in Ada County Records to remove the requirement for the driveway along the west side of the retail store to be extended to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a cross-access/ingress-egress easement to be provided to the property to the north(Parcel #R4582530202, 13984 W. Jasmine Lane). The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A". B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement and First Addendum to Development Agreement,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument#2018-042029, except as specifically amended as follows: 5• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: d. The driveway along the west side of the retail store shall extend to the north property boundary for future extension and 'n as an e),nerken'Cyl onl1v access with installation o bollards acceptable to the Fire De artment. Tdie work associated with the drive vay access shall be com leted within six 6 i ossible om the date a a months, roval o the Findings or this a lication June . ADDENDUM TO DEVELOPMENT AGREEMENT FAST EDDY'S AT EAGLE-H-2021-0068-MDA Page 1 of 3 Page 366 Item#15. e. A cross-access/ingress-egress easement shall be provided to the property to the north (Parcel 4R4582530202, 13984 W. Jasmine Ln.) with development of this site in accord with UDC 11-3A-3A.2 for an emergency access onl . A recorded copy of said easement shall be submitted to the City prior to issuance of the, Certificate of Occupancy the convenience store on the site. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each subsequent owner and any other person(s)acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. if any provision of this Addendum is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein,and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City,to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums,all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT FAST EDDY'S AT EAGLE-H-202]-0068-MDA Page 2 of 3 Page 367 Item#15. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: Steve ddy CITY OF MERIDIAN Attest: Mayor Robert E. Simison Chris Johnson, City Clerk STATE OF IDAHO } )ss. County of Ada ) n� On this 2b day of ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared Steve Eddy known or identified to me to be the person who executed the instrument above. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. JENNIFER DEES COMM. #49398 NOTARY PUBLIC Not Publi %fa STATE OF IDAHO Res d gat: My fission expires: STATE OF IDAHO ) ss County of Ada ) On this day of ,2021,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and CIerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: ADDENDUM TO DEVELOPMENT AGREEMENT FAST EDDY'S AT EAGLE-H-2021-0068-MDA Page 3 of 3 Page 368 item#,5. EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN AND DECISION& ORDER In the Matter of the Request for a Modification to the Existing Development Agreement(H-2018- 0006-Inst.#2018-042029)to Remove the Requirement for a Driveway to be Constructed and a Cross-Access/Ingress-Egress Easement Provided to the Adjacent Property to the North (Parcel #R4582530202, 13984 W.Jasmine Ln.),by Fast Eddy's. Case No(s).H-2021-0068 For the City Council Hearing Date of: November 23 and 30, 2021 (Findings on December 14, 2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 30, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 30, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 30, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 30,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FAST EDDY'S AT EAGLE—MDA H-2021-0068 - I - Page 369 Item#15. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 30, 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 a modification to the Development Agreement is hereby approved as modified by City Council during the hearing on November 30,2021. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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 November 30,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FAST EDDY'S AT EAGLE—MDA H-2021-0068 -2- Page 370 Item#6. By action of the City Council at its regular meeting held on the 14th day of December 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 Simison 12-14-2021 Attest: Chris Johnson 12-14-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-14-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FAST EDDY'S AT EAGLE—MDA H-2021-0068 -3- Page 114 Item#15. EXHIBIT A STAFF REPORTC�WEIIDIAN --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/30/2021 Legend DATE: Continued from: 1112312021 PYo-e`_ Lcc u_�n Ate„ �,ic> TO: Mayor&City Council -g RUT L R- 40 FROAM: Sonya Allen,Associate Planner 208-884-5533 C-1 f R= SUBJECT: H-2021-0068 FFFR9R-8 bit Fast Eddy's at Eagle LOCATION: 3775 N. Eagle Rd.,in the SE 1/4 of T R-2 RPM �,� C. A Section 32,Township 4N.,Range lE. R-8 R- R1 R_8 17-8 1 R_g RUT -4 RUT R R-8.... F - I. PROJECT DESCRIPTION Modification to the existing Development Agreement(H-2018-0006-Inst. #2018-042029)to remove the requirement for the driveway along the west side of the retail store to be extended to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a cross-access/ingress-egress easement to be provided to the property to the north(Parcel #R4582530202, 13984 W.Jasmine Ln.). II. SUMMARY OF REPORT A. Applicant: Steve Eddy,Fast Eddy's—2151 N. Greenview Ct.,Eagle,ID 83616 B. Owner: Same as Applicant C. Representative: Same as Applicant III. STAFF ANALYSIS The UDC (11-3A-3A.2) requires cross-access easements to be granted to adjoining properties where access to a local street is not available unless otherwise waived by City Council. The abutting property to the north fronts on a state highway(N. Eagle Rd./SH-55)and does not have access via a local street. Thus,the reason the driveway access and easement were required.Without this access,the undeveloped parcel to the north would have no access other than the state highway until such time as the property to the west (i.e. Delano Subdivision) develops, which granted a cross-access easement to them through their multi-family development for access via the future extension of N. Centrepoint Way. Page 1 Page 372 Item#15. EXHIBIT A The driveway was required to be constructed and an access easement granted with development of this site prior to issuance of the first Certificate of Occupancy(see provisions in Section V). The Applicant did not wish to construct the driveway or provide an access easement at that time so the Planning Division recommended the Applicant apply for an amendment to the DA to remove the requirements. A temporary Certificate of Occupancy was issued in order for the Applicant to apply for an amendment, which has since expired. The Applicant proposes to meet with the property owner to the north at the time of development to see if it makes sense to both of them to install an access at that time. Note:An assisted living facility was approved to develop on the abutting property to the north through a Conditional Use Permit(CAR20- 00004 &PUD20-00008)for a Planned Residential Development in the City of Boise. This approval will expire on March 9, 2022 if a building permit hasn't been obtained by that time; or unless a time extension is approved. The site plan approved with the PUD depicts a driveway access to this site for cross-access/ingress-egress. Because this is a UDC requirement, Staff cannot waive the requirement and therefore, cannot support the request. The UDC does allow for a Council waiver to this standard if deemed appropriate by City Council. IV. DECISION A. Staff: Staff recommends denial of the modification to the DA as proposed;however,City Council has the authority to waive the requirement in UDC 11-3A-3A.2 and approve the Applicant's request if they deem appropriate. B. The Meridian City Council heard this item on November 30,2021.At the public hearing.the Council moved to approve a modification the DA as discussed during the hearing. 1. Summary of the City Council public hearing: a. In favor: Steve Eddv b. In opposition:None C. Commenting: Dave Martin, Stellar Senior Living d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiorno 2. Key issue(s)of public testimony: a. The owner/developer of the property to the north wants the driveway and cross-access to be provided: or at a minimum, an emergency access driveway and easement provided. 3. Key issue(s)of discussion by City Council: a. The possibility of providing an emergency-only access instead of a full access to the property to the north: b. Concern pertaining to not having an access driveway to the property to the north for cross-access and emergency access. 4. City Council change(s)to Commission recommendation: a. Council approved a modification to the DA that only requires an emergency access easement and driveway with bollards acceptable to the Fire Department to be provided to the property to the north. The work associated with the project should be complete within 6 months if possible.Another temporary Certificate of Occupancy should be issued until that time. Page 2 Page 373 Item#15. EXHIBIT A V. EXISTING DEVELOPMENT AGREEMENT PROVISIONS TO BE REMOVED MODIFIED: 5.1 d. The driveway along the west side of the retail store shall extend to the north property boundary for future extension and inter-conneetivivyin accord with UDC 11 3A 3 as an emergency only access with installation of bollards acceptable to the Fire Department. The work associated with the driveway access shall be completed within six(6)months, if possible, from the date of approval of the Findings for this application(by June 14, 2022). e. A cross-access/ingress-egress easement shall be provided to the property to the north (Parcel#R4582530202, 13984 W. Jasmine Ln.)with development of this site in accord with UDC 11-3A-3A.2 for an emergency access only.A recorded copy of said easement shall be submitted to the City prior to issuance of the Certificate of Occupancy for the convenience store on the site. Page 3 Page 374 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Addendum to Development Agreement Between the City of Meridian and Intermountain Pacific, LLC (H-2021-0022 Gramercy Commons MDA) for Property Located at 1873, 1925 and 2069 S. Wells Ave. Page 375 ADA COUNTY RECORDER Phil McGrane 2022-001214 BOISE IDAHO Pgs=20 CHE FOWLER 01/05/2022 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Intermountain Pacific,LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 4th day of January 2022 - - - .("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Intermountain Pacific LLC,C'OWNER/DEVELOPEW')whose address is 2451 E Gala St, Suite 310,Meridian, ID 83642. RECITALS A. OWNERS and/or DEVELOPER have submitted an application for a Modification to the Development Agreement recorded August 31, 2006 in Ada County Records as Instrument No. 106141056(Kenai Subdivision DA)for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units on the property listed in Exhibit"A". B. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"B". C. CITY and OWNER/DEVELOPER now desire to amend said Development Agreements,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement known as Kenai Subdivision, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 9. _4 ofte desigm. fe*iew-sha4l.be 6051-1 11 - 13. Future development of the proposed age restricted multi-family development on the subject C-G zoned properties shall be substantially consistent with the approved site plan,unit count,open space and amenities,and future approved elevations(the submitted elevations are not approved;future elevations will be ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0022-GRAmERcy Commom-MDA Page 1 of 4 Item#16. reviewed via Administrative Design Review with a future Certificate of Zoning Compliance application for the overall site development). 14. The multi-family units within this project shall be age-restricted to 55 years and older,per the Applicant's proposal. 15. Applicant shall connect to the regional pathway system along the southern property boundary by constructing at least one(1)pedestrian crosswalk across the drive aisle with either stamped concrete,brick pavers,or similar to clearly delineate the pedestrian connection to the pathway system. 16. Future development of the northernmost property (1873 S. Wells Avenue; Parcel#R3238510240)shall NOT include any multi-family development and shall be limited to commercial uses (including vertically integrated development) unless a future application is made to allow residential development. The foregoing shall not preclude the joint use of parking areas and utility installations by the subject property and Parcel R3238510240. An updated concept plan for Parcel R3238510240 may be required when it develops if such proposal is inconsistent with existing approvals. 17. Prior to Certificate of Zoning Compliance approval, a Property Boundary Adjustment shall be obtained by the Applicant to reconfigure the lots consistent with the proposed site plan. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each subsequent owner and any other person(s)acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Addendum if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision ofthis Addendum is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein,and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City,to a duly adopted ordinance or resolution of City. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0022—GRAMERCY COMMONS-MDA Page 2 of 4 Page 377 a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums,all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: Intermountain Pacific,LLC By: Mike 64iele Aaron Elton CITY OF MERIDIAN Attest:��, SFAI Mayor Robert E4 son 1-4-2022 Chris Johnso ity Clerk'" ""=2022 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0022—GRAMERCY Commons-MDA Page 3 of 4 Page 376 STATE OF IDAHO ) ) ss. County of Ada ) Aaron Elton On this 2;?- day of '[)eCem her , 2021 efore me,the undersigned, a Notary Public in and for said State,personally appeared ike Qk i Pip"Oepknown or identified to me to be the of Intermountain Pacific,LLC,the person who executed the instrument on behalf of Ad entity. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. P114 AZ CARISSA taleTAT Not Public for Idaho Notary Public-State of Idaho �' Commission Number 202004356 Residing at: Mr ridaan i Ili My Commission Expires Nov 5, 2026 My commission expires: ls)Ov • STATE OF IDAHO ) ss County of Ada ) On this 4th day of January 2022 , before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SE ) CHARLENE WAS' Notary Public for Idaho COMMISSION#67390 NOTARY PUBLIC Residingat: Meridian, Idaho STATE OF IDAHO Commission expires: 3-28-2022 MY CbMMISSICIN EXPIRES 3128122 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0022-GRAMERCY CommoNs-MDA Page 4 of 4 Page 377 Item#16. 3153 McNeil Drive KELLER Idaho Falls,ID 83402 ASSOCIATES ' 208-542-6120 EXHIBIT"A' Lot 1, Block 3, of Gramercy Subdivision No. 1 according to the plat thereof, filed in Book 99, of Plats Pages 12619 and 12622 also a portion of lots 44 and 45, Block 3 of Gramercy Subdivision No. 2 filed in Book 100 of Plats, Pages 12,961-12,962 records of Ada County, Idaho situated in the NE 1/4 of Section 20, T 3 N, R 1 E, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Beginning at SW Corner of said Lot 45 a found 5/8" iron rod with plastic cap marked "PLS 4431", thence along the westerly line of said Gramercy Subdivision No. 2 N 00°24'04"E, the Basis of Bearing of this description, 507.32 feet to a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence N00°24'04"E, 287.00 feet to the NW Corner of said Lot 1, Block 3 marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence S89°35'56"E, 320.88 feet to the NE Corner of said Lot 1, Block 3 marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence S00°13'58"E 287.02 feet to the SE Corner said Lot 1, Block 3 marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence S89°35'56"E, 90.33 feet to the NE corner of said Lot 44, Block 3, marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence S00°13'58"E, 507.35 feet to the SE Corner of said Lot 45, Block 3, marked with a found 5/8" iron rod with plastic cap marked "PLS 4431"; Thence N89°35'56"W, 420.00 feet to the Point of Beginning. Subject to all easements of record. Said parcel contains 6.98 acres. Ov o 0 n. E- LP O 1A S TT;�' Page 380 GROWING POSSIBILITIES ' EXHIBIT B Item#16. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION&ORDER q H In the Matter of the Request for Development Agreement Modification to amend the Kenai Subdivision(aka Gramercy)Development Agreement(Inst.#106141056)for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units,by Intermountain Pacific,LLC. Case No(s). H-2021-0022 For the City Council Hearing Date of: May 25, 2021 (Findings on June 8, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 25, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 25,2021,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 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(Gramercy Commons MDA—FILE#11-2021-0022) - 1 Page 381 Item#16. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 25,2021, 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 May 25, 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 I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building 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(Gramercy Commons MDA—FILE#H-2021-0022) -2- Page 382 Item#16. 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 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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 May 25,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -3- Page 383 Item#10. By action of the City Council at its regular meeting held on the 8th day of June 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-8-2021 Attest: Chris Johnson 6-8-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-8-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -4- Page 337 item#�s. EXHIBIT A STAFF REPORT E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/25/2021 legend RUT C_�/ DATE: L-O Project Location FEII TO: Mayor& City Council C~C I'L CI ;G- FROAM: Joseph Dodson, Associate Planner C G RI C-G C 208-884-5533 C-C- e o C-C L-O SUBJECT: H-2021-0022 C'G C-CI Gramercy Commons MDA R-8 R-40. LOCATION: The site is located at 1873, 1925, and ERR TN-R 1A 4 � 2069 S. Wells Avenue, in the NW ' _4 R-15 of the NE 1/4 of Section 20, Township R1 3N., Range lE. jUT �,f : CiC- I. PROJECT DESCRIPTION Development Agreement Modification to amend the Kenai Subdivision(aka Gramercy)Development Agreement(Inst. #106141056) for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units,by Intermountain Pacific,LLC. II. SUMMARY OF REPORT A. Applicant: Mike Chidester,Intermountain Pacific,LLC—2541 E. Gala Street,Meridian, ID 83642 B. Owners: St. Luke's Regional Medical Center,LTD.; The Dagney Group,LLC, and; Elton Family Fund 1, LLC C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the Kenai Subdivision Development Agreement(Inst. #106141056) to amend the existing concept plan for the subject commercial lots and incorporate a new development plan with a multi-level, 164 age-restricted unit multi-family development. See Section V for Staff s recommended new DA provisions related to the proposed development. History: The subject sites were annexed in 2006 under AZ-06-007 (Kenai Subdivision) and platted under PP-06-019 and FP-06-048; the preliminary plat was approved with single-family detached, single-family attached, multi-family, and commercial building lots. The subject development is Page 1 Page 385 ►tem#�s. EXHIBIT A proposed across three(3)of the commercial properties that directly abut Mountain View High School— in reality,the new development is proposed primarily on the two southern properties and only a drive- aisle and parking are proposed to cross the property line of the northernmost site. The original approvals required a cross-parking and cross-access agreement for all lots within the subdivision; Staff understands this agreement to be recorded and in place for the subject sites. The Applicant is proposing to amend the existing DA rather than enter into a completely new DA in order to show good faith in the original agreement and to remain part of the overall Gramercy Development, including maintaining the cross-access/cross-parking agreements. Because the Development Agreement(DA) does not include multi-family in this location, an MDA is required and is why the Applicant is requesting one. Concurrently, multi-family residential is a conditional use within the C-G zoning district and the Applicant has applied for said permit which is scheduled to be heard by the Planning and Zoning Commission on 6/03/2021, following the decision by Council on this DA Modification. Staff will analyze the proposed development in more detail with that report; Staff s review at this time shows the Applicant is compliant with or exceeds code requirements in parking, open space and amenities, and dimensional standards for the proposed use within the C-G zoning district. Concept Plan: The existing concept plan within the DA only depicts the three subject lots as commercial lots but does not depict any building footprints or any other development on the lots. The only development depicted on the existing concept plan around these lots are the multi-use pathway along the southern property line and the associated pathway landscaping. The pathway and required landscaping are already installed in this area of the site. See Exhibit B for the existing concept plan found within the original Development Agreement. The new development plan depicts a singular, multi-level, age-restricted (three and four stories in height) multi-family apartment complex that is wrapped around a parking structure—the parking structure is proposed to contain a majority of the required parking spaces.Around the proposed building the new development plan depicts a drive aisle that circles the entire structure and includes two areas of surface level parking located on the east and north sides of the proposed building that contain the remaining required parking. The drive aisle that circles the building is intended to be for Fire and EMS but Staff is unaware if the drive aisle will be closed to resident traffic as well.In addition to the building, the new development plan depicts multiple areas of open space and amenities located along each side of the building to include: a pool and other amenities within a south courtyard; an entry plaza along the east side of the building; fire-pits and lounging areas along the west, and; a community garden and pickleball court along the north side of the building.All of the open space and amenity areas appear to be connected with sidewalks and to be easily accessible by future residents. The submitted elevations are for illustrative purposes and further refinement is necessary to comply with the Architectural Standards Manual and other design elements of buildings already constructed within the Gramercy development. Access: The subject sites are internal to the Gramercy development and only abut a short segment of public road along the southern boundary of the site (E. Goldstone Street); all of the sites are currently undeveloped and do not have any accesses constructed on-site.However,to the north and east,adjacent sites are developed and have constructed portions of drive aisles for their access to S. Wells Avenue. As seen on the proposed development plan, the Applicant is proposing to connect to these three (3) drive aisles to provide access to the apartment complex: one to the north connecting to an existing drive aisle and commercial property and two to the east to connect to S. Wells Avenue. ACHD does not act on Development Agreement Modifications but has provided a response letter with the concurrent Conditional Use Permit application. In their response letter, ACHD has noted that no improvements are required to any adjacent or nearby public roads and did not require a Traffic Impact Page 2 Page 386 ►tem#�s. EXHIBIT A Study because the development is not estimated to generate enough peak hour vehicle trips, despite proposing over 100 apartment units. Staff verified with ACHD that the estimated trip generation of the development does not change whether the units are proposed as age-restricted or not. In addition, ACHD has noted that all adjacent public roads are over-built and are capable of handling additional vehicle trips without issue. Because of these reasons provided by ACHD Staff is supportive of the proposed development in regards to its transportation impact. Nonetheless, Staff understands the traffic along Overland Road(the closest arterial street to the north) is worsening and any additional traffic will exacerbate the problem. The development would also have easy vehicular access to the east to Eagle Road in three different places via commercial collector streets. One of the commercial collectors also provides an additional access point to Overland Road which should lessen the burden placed on the intersection of Overland Road and S.Wells Avenue. In addition to vehicular access, the site abuts a segment of multi-use pathway that the Applicant is proposing to connect to. This multi-use pathway runs along the southern project boundary and continues both north and south. To the north, the pathway runs along S. Wells and connects to the arterial sidewalks along Overland Road. As the pathway heads south, it runs along the Mountain View High School property and then connects to a public park, Gordon Harris Park; the pathway then continues into the neighboring single-family development further to the south. Staff finds proposing an apartment complex in this area of the City in close proximity to commercial development, child care/charter school, and established regional pedestrian facilities warrants a Development Agreement Modification and support of the proposed development. IV. DECISION A. Staff. Staff recommends approval of the modification to the DA(Inst. #106141056)as recommended by Staff s analysis above and with the specific changes below. B. The Meridian City Council heard this item on May 25,2021.At the public hearing,the Council moved to approve the subject Development Agreement Modification request. 1. Summaru of the City Council public hearing: a. In favor: Hethe Clark,Applicant Representative- b. In opposition:None C. Commenting: Hethe Clark: Mark Sindell,Project Architect: Tiina Ritual,Project Architect: d. Written testimony:None 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. Will the amended DA be tied to the submitted site plan?—Yes. b. Clarification on what spaces will be allowed for cross-parking in the overall Grammercy development. C. Clarification on the proposed DA provision language change and the term"joint-use facilities." 4. City Council change(s)to Commission recommendation: a. Work with Planning and Legal Staff to ensure proper language on the DA provision requested to be revised by the Applicant. Page 3 Page 387 item#�s. EXHIBIT A V. EXHIBITS A. Development Agreement provisions from the existing DA(Inst. #106141056): Existing Provisions: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT(AZ 06-021)KENAI SUBDIVISION PAGE 3 OF 1 I Page 4 Page 388 ttem#�s. EXH I BIT A 1. All future uses shall not involve uses,activities,processes,materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. 2. That all future development of the subj ect property shall be consistent with the owner/developer's conceptual plan unless otherwise modified by other provisions of the Development Agreement. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That all future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code(UDC),in effect at the time of development. 5. That the ownerldeveloper will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service,per City Ordinance Section 5-7-517,when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That development of the residential and commercial lots,along with the orientation and relationship to the street,particularly the auto court,shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of June 27,2006. 8. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and northern property boundaries to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots along Overland Road 9. That the maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40'in height. 10. That the owner/developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ridenbaugh Canal and along the western property boundary to the area where the proposed R-15 zone transitions to the C-G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E.Overland Road. 11, That the owner/developer shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 12. That the owner/developer shall coordinate with the Meridian Parks Department the transfer by dedication of the 2,035 acre addition to Kiwanis Park. The owner/developer shall also be responsible for all costs of dedication, construction, landscaping, and pathway construction as agreed upon. Page 5 Page 389 Item#16. Page 390 ►tem#�s. EXHIBIT A B. Existing DA Concept Plan(Preliminary Plat): CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEARING DATE or6/27/2006 Exhibit Al: Preliminary Plat dated#faoh-10 Revised June 27,2006 POOR COPY Subject Sites al i9 y y �-aco---- ,tl o i �7: lN�•nra -'III�' �� ;�� a l B YtOidI SQBDIPffii N s FO aiavui-a,tom aci *^ •� twr.t r b Kenai Subdivision Exhibit A Page 1 - Page 7 Page 391 item#�s. EXHIBIT A C. Proposed Development Plans: L)_ m a o en z 3 Z p 3 w � x � - o — a o � z n 3 A 507 32' --..—..—..—..—..—..—..—..—..—..—..—..—..—..—. .. ..............- Him Department Access ----- -- ------------- o � o 0 8 G1 _ LJ_LJ-L�L�W o o III ��7�I��� o - IIIIII III I II Aar ssor� o �LK A z 3 507 3. 0 0 s weosA— S 0 A - 9 — n 0 a a Go Page 8 Page 392 ttem#�s. EXHIBIT A SECTION 05 CONTEXTVIEW Mountain View High School Y r � - P Nng Garage 'r rit Deparlmenl Access �&, ' —``'\ t�r .f.- ��'� rr,nyPlaza Es r rp�i:�l The Goddard School otMerldlan O SECTION 07 LANDSCAPE PLAN TREEiEGEND av«irg<nwppk PROJECT INFORMATION _ a5 2 .' Tteraare no eXst ng natural features,.axstng buldngs,or fS T exis[ng trees vnth[runks 9re1[eri11n4 ncheson theste. Street Trees seeTree SP-1Mx 14 rPF�" � � �� T� Street BURers:n(a t'C � I��Cu�� Parkin lot ter lantlsca estri 10'g perime p p: flI 9 aea Maple BufferwidthbetweendifrereMlanE uses:10' -- � k 'tJ Numberol parking stalls and percent of parking area with internal landscaping:]t surface stalls locatetl along Internal circulation routes,no more than 12 stalls between landscaping t�_�AA Total number oftrees antl tree species m'oc:94(see Tree Species I" V Residential 3.1din9 M'p� V Ya &Parking Garage o-t O Ersry Plaza © South CovtyaM OCommrnXYGatden ,�' '" © Recreatbn Court Garage Emry&Servk¢Caun •L O Fire Wpartmem Access Fmen ies Building O 8'x10'ResNential Patlo Typ. _ ©—.C.—MG—H.—Ilk Y Pedestrian Connexion to existng residential i L Gmmercy Commons I Meridian.ID I C Witional Use Permit Application 103.23.2021 66LO lz Page 9 Page 393 item#�s. EXHIBIT A D. Conceptual Building Elevations: (NOT APPROVED) SECTION 04 1 ELEVATIONS Metal Panel mpsamg Brick EAST ELEVATION r xwraa cgrlerare Metal Panel Lap—g Brinck n V a0 ea u� oe 1 99- q lily, SOUTH ELEVATION Gramercy C<.—I MeaMif ID I end i—Use—it Applkrtion 103.23.2021 GG{A 7 SECTION 04 ELEVATIONS Metal Panel SNccg Lap&ding WEST ELEVATION err L 90 98 8 91 1991 9891 99 �1� II NORTH ELEVATION Gn my mmorrs I Mercian,ID I cnna i—Use Permit Appltatme 103.2-21 GGLO a Page 10 Page 394 r „s 1 F ( =�'J i,�� i I l t P �lt~. _ �A._._`_ _P. m •1- _����I�I�i��k��. ■`� — Eia.__ �i� s a�>• .� a SOUTH COURTVAftD • Item#17. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Banks Group, LC for Intermountain Wood Products (H-2021-0042) for Property Located at 255 and 335 S. Locust Grove and 300 and 330 S. Adkins Way Page 396 ADA COUNTY RECORDER Phil McGrane 2022-001274 BOISEIDAHO Pgs=45 ANGIE STEELE 01/05/2022 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Banks Group, LC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 1) day of 2021, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Banks Group,LC whose address is PO Box 65970, Salt Lake City,UT 84165, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-651 IA provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 3.5 acres of land from RUT to I-L (Light Industrial) zoning district on the property listed in Exhibit"A", attached hereto, and to modify the existing Medimont Development Agreement(Instrument#97072405)by removing the property as shown in Exhibit"B"and binding both properties as listed in Exhibit"C"under a new Development Agreement under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE I OF 8 Item#17. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Banks Group, LC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this I day of T�)e-e--4 , 2021, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Banks Group,LC whose address is PO Box 65970, Salt Lake City,UT 84165,hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner.is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-651 IA provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 3.5 acres of land from RUT to I-L (Light Industrial) zoning district on the property listed in Exhibit"A", attached hereto, and to modify the existing Medimont Development Agreement(Instrument#97072405)by removing the property as shown in Exhibit"B"and binding both properties as listed in Exhibit"C"under a new Development Agreement under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 1 OF 8 Page 397 Item#17. 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 7th day of December, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"D"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,The Property contained in Exhibit`B"shall no longer be subject to the terms of the existing Medimont Development Agreement (Inst. # 97072405)or any prior development agreement and shall be bound only by the terms contained in this Agreement. 1.11 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 2 OF 8 Page 398 Item#17. Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian, Idaho 83642. 3.2 OWNER/DEVELOPOER: means and refers to Banks Group,LC,whose address is PO Box 65970, Salt Lake City, UT 84165, hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"C"describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development on the site shall comply with the non-residential design standards for commercial districts in the Architectural Standards Manual and the design standards listed in UDC 11-3A-19. b. Future development of this site shall be generally consistent with the conceptual site plan dated October 7,2021 included in Section VII of the Staff Report that is attached to the .Findings of Fact and Conclusions of Law as in attached Exhibit "D" and the provisions contained herein. c. The S. Locust Grove Rd. access shall only be used Monday-Friday between 7AM to 5PM. d. Cross-access easements shall be granted to the abutting property to the north(Parcel# S 1118110071)and south(Parcels#R0879824125 and R0879824130); a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for this site. e. The applicant shall coordinate with the City Arborist on a mitigation plan to ensure an additional 169 caliper inches of trees removed from the property meet the standards set forth in UDC 11-3B-10. DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 3 OF 8 Page 399 Item#17. f. Prior to Certificate of Occupancy, the applicant shall complete a short plat to merge Parcel#S 1118110105 and#S 1118110130 as well as the portion of Lot 2,Block 1 of the Medimont Subdivision No. 1 that was deeded to the applicant. g. The applicant shall comply with the warehouse specific use standards set forth in UDC 11-4-3-42. The proposed outdoor loading area shall not be located closer than 300 feet from the adjacent residential property to the north or fully enclosed. h. A 25-foot wide landscape buffer shall be constructed on the northern boundary to residential land use as required per UDC Table 11-2C-3,landscaped per the standards listed in UDC 11-3B-9C,unless otherwise reduced by City Council. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2,City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A,have the right,but not a duty, to de-annex all or a portion of the Property,reverse the zoning designations described herein, and terminate City services to the de-annexed Property,including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants,agreements,conditions,and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate,but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 4 OF 8 Page 400 Item#17. 7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity,performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance,which shall include,without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits, certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 5 OF 8 Page 401 Item#17. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Banks Group,LC PO Box 65970 Salt Lake City, UT 84165 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 6 OF 8 Page 402 Item#17. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; acknowledgements, signatures and Exhibits A, B, C and D follow] DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 7 OF 8 Page 403 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPED: D up, c° By: CITY OF MERIDIAN ATTEST: B Mayor R bert E.(Simi on 1-4-2022 Chifh ohnson, try Clet 1;: -2022 ti-r 4 STATE OFF' ) : ss: County of.,k4a- 50.(+ILML t On this y of �i�v:�+3e+t 2021,before me,the undersigned,a Notary Pub)' jc in and for said State, personalty appeared i24D {<S known or identified to me to be the of Banks Group,LC and the person who signed above and acknowledged to me that he executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate ficct ahm7P written ft j EN I" H EIAKER �C 4 63; aQ _ Notary Public - State of Utah Comm. No 703335 Iotary Public for t I T,4t11 d MyCommission Expjres on 2esiding at:�����• DLc a 20a2 v4y Commission Expires: _I?OZ Z S t'}�i r ter ruf- f7k) I ss County of Ada ) On this 4th day of January 2022 11, before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY Notary Public for Idaho COMMISSION#67390 Residing at: Meridian, Idah P NOTARY PUBLIC Commission expires: 3-28-2022 STATE OF II3AFIO p ' MY COMMISSION EXPIRES 3128122 DEVELOPMENT AGREEMENT—INTERMOUNTAIN WOOD PRODUCTS(H-2021-0042) PAGE 8 OF 8 Page 404 EXHIBIT A FoP,SGREN ANNEXATION DESCRIPTION A parcel of land described as Parcel 1 in Warranty Dmd,lnst.No.2020-012934,and all that certain Parcel described in Warvmty I eLd,Ina,No,20I 9-121778,located in the Northeast 1/4 of the Northeast 114 of Section 18,Township 3 North,Range I East,Boise Meridian,City of Meridian,Ada County,ID,mare particularly described as follows; COMMENCING at the Northeast Corner of said Section 19,from which the East 114 Comer common to said Section 18 and Section 17,bears,South 00000'39"West,(which is the basis of bearing for this description),for a distance of 2658.72 Feet;thLncc al ong the common line of said Sections 18 and 17,South 00100'00"East,for a distance of 828.49 foot along the centerline of South lxcusl Grove Road to the POINT OF BEGINNING,Fmm which the North 1116 'corner ck3mrnon to Sections 18 and 17 bears,South 00100'OO"Fast,for a distancc of 50]A 0 feet Thrmr-,a}ntinuing South 00'00'00"East along said centerline of South Locust Cruve Ruad,for a distansx of 352.08 foul to the intersection of said centerline and the easterly prolongation of the nurdixly boundary Iine of that certain Parcel shown on Record of Survey No.10859,Ada County FLUA rdS; Thence along,said northerly boundary line and the easterly prolongation thereof, South 89°O8'55"WCst(formerly South 89'E I'30"West),for a distance of 435.81 fleet to the easterly boundary line of Mcdirnont SuWiyision,as recorded in Book 75,at Page 7794,Ada County Records; Thence along said easterly boundary Zinc,North 00'54'14"East(formerly North 00'55"East), for a distance of 352.53 feet; Thence North 89'11'30"East,for a distance oF430.24 feet nn the POINT OF BEGINNING. The above-described Parcel contains 3.501 acres, more or Icss, of which 0,388 acres, more or less is recognized as ACHD right of way, .ti Subject to casements of record and not of record. :1 ft. AU W-"� 917 Lusk StrCCL Suite.3co•Boise,IdaM.S3706•20&-342-3144•rersgnn.aam �Gut€[hix �eh r�ouoturrified Intermountain Wood Products H-2021-0042 Page405 EXHIBIT A ANNEXATION E -1IB1T MAP FOR INTERMOUNTAIN WOOD PRODUCTS LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 18, T. 3 N., R. 1 E„ B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2021 f ' E. FRANKLIN RD. 7 8 4 1h R' 06 (N89.111 f P"E 430-7') °a N891 V30RE 4M 4' _ e �""0 PARCEL I f, WARRANTY DEED IhJ$i M0 2�29-Oi283s o � o O r pC " N e°'y K U'j 17 C WCD cv� ($89'11 1 I2`w 432.3') I !rn W L # W w a WARRANTY DEED IN'ST O. 2019-12177 �r 0 (ALJ O up uA Ld r' yr in >61:0 O tap, M n,11AC �� Tk b 41 IL S � I a 1 ato lz CD 9 I s F 3$7-80' _ _ 48.01' O 89'08'55"W 435981' C S RECORD OF SURVEY I;.+ o N 1 NO. 10651$ o �i I �C NOT A PAR? O i 0 569�b9'S5"W �„ Ul 423 O1' � L — — 1 J1 fi CORNER i SCALE; 1"=100' k ¢ k 18 17 PPoWEUNO.: FoPSGREN + 0158 INTERMOUNTAIN WOOD PRODUCTS !JHEET NO. ` �apgywLVFI[Fn!+r.611Tf�w.00ic�.me�ol ANNEXATION EXHIBIT IDS 307.U23N �i%�3tQ611 1 OF 1 Intermountain Wood Products H-2021-0042 Page406 Item#17. PLAT SHOWING EXHIBIT X. MEDIMONT SUBDIVISION No. 2 A PORTION OF THE NE 1/4,NE 1/4,SECTION 18 LEGEND TOWNSHIP 3 NORTH,RANGE 1 EAST, 9 Found Brave Cap BOISE MERIDIAN 19 Found Aluminum Cap MERIDIAN, ADA COUNTY, IDAHO o Found 5/8"Iron Pin with Cap"PE/LS 3220" Unless Otherwise Shown 1999 O Found 3/4"Iron Pin • Set 5/8"x 30"Iron PM with Plastic Cap • Set 1/2"x 24" Iron PM with Plastic Cap IN 50 0 IN 200 SCALE: 1"=100' -- Boundary Line Lot Line Centerline of Street NW Corner UNPLATTED - Utility,Drainage and Irrigation Easement Line NE 1/4,Seetlon 18 w cans BASIS OF BEARINGS (See Note 3). ALUMINUM CAP NE IC 4 NE 1/4 CPdff 9 I.-112 CP4E 96005808 E. FRANKLIN CPB:F 937 749 r we Witness Corner 7 S 89'48'18"W L5,97� ROAD S 8946'18'W 18 1327.1' 1327.10 _ _ 18 17 u, MEDIMONT SUBDIVISION NO.1 ,p BOOK 75,PAGE 7794 t;0 NOTES • =UU 1. Building setbacks and dimensional standards In this subdivision shall be in compliance O o with the applicable zoning regulations of the City of Meridian,Idaho. m N 89"Ol'17" W 242.32' s w.c vi 2. Any Re-subdivielon of this plat shall comply with the applicable Zoning 237.32 500, + Regulotions in effect at the time of the Re-subdivislon. 10'WIDE IRRIGATION 70' N 00'58'43" E 0 I EASEMENT FOR THE BENEFIT 1 106.00' 6'' N 89'01'17" W 298.83' 3. All lot lines common to the exterior boundary and to public right-of-way lines within ia' 1 OF THE MEDIMONT SUBDIVISION I at h - - - Medimont Subdivision No.2 as shown hereon shall have a 10' wide Permanent Utilities, 1"--BUSINESS OWNERS ASSOCIATION TRUE POINT-A I pj o;� Drainage and Irrigation Easement, unless otherwise dimensioned.However, this shall not OF BEGINNING I I I .�••ti " -N 19'08'17" W preclude the construction of the proper hard surfaced driveways for access of each I L 117- v°^ I. 30.48' Individual lot. BLOCK 1 10' L o N 00'58'43"E i'o' 4.The Developer and/or Owner shall comply with Idaho Code,Section 31-3805 or its In 8 I- •f 29' 291 p 75.88 � provisions that may apply to Irrigation rights. � 15'VADE IRRIGATION EASEMENT FOR THE BENEFIT 1 i 0 7 S89101'17'E I OF THE MEDIMONT SUBDIVISION 5. The owner of each lot, across which passes an Irrigation/drainage ditch or pipe,Is r s u 308.90' BUSINESS OWNERS ASSOCIATION responsible for the maintenance thereof unless such responsibility has been assumed by p I an Irrigation/Drainage District. I N 29'58'17'E 32.91' BLOEi 2 UNPLATTED UNPLATTED tOl I I' 6.Reference Is f hereby made to Record of Survey No. 3471 flied as Instrument No. N79'53'58'E 22.42' 8 loi 96021918 for further survey Information. 239.72' 181.45' C1 n I. 58 a I r0 7.The bottom elevation of building footings shall be a minimum of 12 Inches above the 01e1--- _ S 89'01'17_E 420.93' - Cs jg 5 C7 ° U I L highest established seasonal groundwater elevation. I+11N E. KALISPELL ST. 76' H >- 1'1rE ; m u< 27A85' 8. Driveway approach size and location shall be approved by The Ada County Highway 178.48' s'w.c. 176.00' 56.21' C 3 g l S I o District. to S 79'53'5eW 22.36' Z 1..,co 9. All lots within this subdivision are subject to the terms and conditions of a I N 49.33'39'w 33.20' m Ig a Development Agreement recorded as Instrument No. 97072405 In the records of Ada 1o'I I BLOCK 3 a< m 1-1 O County, Idaho. -1 r NI vi = Z a '✓�m w 589'01'17'E SW Comer o 27714' H0N n Section NB 1/4 I� 1 2 m 3 �R I g m g N BLOCK 2 1. MEDIMLOT ONT SUBDIVISION NO.1 �r\,r \� (I i IWI BOOK 75•PAGE 7794 \ I z zl 10 I- -SE Caner ux'i \ \ 11 \ \ CP&Fn NB 1/4 \ L_ NO C 8B03845 \ \ 176.02-_-- --_176.°5--j- -_--177.OSr_- 29' 29' - --- 280y99'_-- J 5 893940 W NO CAP 40'WIDE IRRIGATION \ 458,48 EASEMENT FOR HUNTER \ 15'UTIUTY,IRRIGATION h DRAINAGE N89'39'4O"E 88S.O1' 10' LATERAL FOR THE BENEFIT \ EASEMENT FOR THE BENEFIT OF THE CURVE DATA OF NAMPA AND MERIDIAN MEDIMONT SUBDIVISION BUSINESS IRRIGATION DISTRICT \ OWNERS ASSOCIATION Curve No. Radius Length Tan ent Chord Bearin M12*38 OWNER/DEVELOPER: ��\\ 1 271.00 52.40' 26.28 52.32 N 85'2621 E Properties West, Inc. c% \ UNPLATTED 2 329.00 120.21 60.78 119. 55 N 09'29 20 W , c >les yVg� Jon L Barnes 0 642'\ \� 3 329.00 6 .62 31.91 63.52 S 85'2621 W /" r ' 1401 Shoreline Drive 15' 4 271.00 42.81 21.45 42.77 S 03'32 50 E7 Boise, ID 83702 \ \ 5 271.00 59.78 37 59.66 S 14'2 335 E 2 &� f (208)345-7523 6 329.00 94.38 47.52 94.06 S 12'2939 E INEE\ 20.3a \ 7 329.00 30.17 15.t0 30.16 S 01'3855 EJ-U-B ENGINEERS, INC. NE 1/16 CORNER \ 8 300.00 58.01 29.10 57.92 N 8526 21 E 5 REMOVE°EXISTING \ 9 300.00 113.58 57.48 112.90 N 09'52 01 W 21'41'29 260 S Engh/sers SLnWJWa P101M dr7 WITNESS CORNER 10 300.00 113.58 57.48 112.90 N 09'S2 01 W 21'41'29 11 300.00 1 55.57 1 27.86 1 55.49 S Ib'2424 E 10'36'44 m,(!_ZZ.��,g Boise, Idaho 12 300.00 58.01 29.10 57.92 S 04'33 39 E 11'04'45 Alt or 1e� A. 6 PLAT BOOK -29- PAGE 8HS3 Page 407 EXHIBIT C TOTAL 1301JT+NARY DFSCRIPTION A portion cf Dot 2, Block 2 of M-edimont Subdivision No,1. as recorded in 13ouk 75,at Pugc '7794,Ada County records, all of Lots 7, R,and 9, Block 2 o f Medimont Subdivision No_2,as recorded in Book 7 ,at Page R453, Ada County Records,a pc)rt on of that certain parcel described as Panel 1 in Wmanty Dr;-,d, Inst, No, 020-()12834, mrid a portion of that min Parcel described in Warranty Deed, lnst_ o_2019-12177$,all of which i:5 loc:awd in the Northeamt 1/4 of the Northeast 1/4 of Section 1 E,'Township 3 North, Rangy, l Last,Boise Meridian,Ada Ccumty, 11),more particularly described as follows; COMMENCING at the Northeast Corner of Section 18,thence along the,common line of Sections 18 and 17,which is coincident with the eentertine of South Locust Grove road, South 001301 T'West, for a distance of 829A0 feet.,from which a 518"rebar with a plastic cap, stamped"CSC PLS 5082,"marking the North 1/161h corner common to Sections 18 and 17 bears, South 00130'l 7" West, for a d istance of 500.62 feet; Thence, South 59'46'00" West,fora distance of48.00 feet to the westerly right of way line of South Locust&ove Road,as depicted on Record of Survey No. 7075,the POINT OF BEGINNING; Thence, a]cng said right of way line.South DD°3017° Vest, for a distance of 351.68 feet to its i ntersection with the northerly boundary line of that certain Parcel shown ozi R ecord of Survcy No. 10859,Ada County Records; Thence along said northerly boundary Iine South 89139'341 Vilest(formerly South $9°11.30-West), for a distance of 198.00 feet to the easterly boundary line of Lot 2, Block 2 cif MI dimonc"Subdivision,us rev rded Un Book 75,at Page 7794, Ada County Records, which bears North 01'25'43"Fast, for a distance of 1.00 fact from a found 519"rcbar with a plastic cap,starnp d'•18{i PLS 7729,"rcfcrcncc monurncnt; Thence along:;aid easterly boundary line, South 01°25*43"Wesia for a dimance of 0.44 feet to its intersmtiun with the easterly pmlongation of the sauthcrly boundary line of].t)t 9. Block 2,,of hdedimoni SubdivisionNo_2,which bears North 01'2.5'43" Fmi, for adistani.e of0,56 fort from the aforementioned reference monument, Thence forth 89°01°17" West, along the southerly boundary lime of said Lot 9, Block 2 and the easterly prolongation thereof, for a distance of 302.23 fmt to a found 112" rebar with a plastic cap, stamped A LPE, PLS 32 ," marking the southwest corner of Lot 9, Block 2,, which is coincident with the easterly right of way line of South Adkins Way; Continued on Page 2 Intermountain Wood Products H-2021-0042 page4os EXHIBIT C Total Boundary Description Page 2 Thencc along the wcsturly boundary line of Lots 9 through 7, the following courses and distances. North 0D158'43" last. For a distance c,f 11 .99 feet to a found 1f2" rebar with a plastic cap, surnped,"GA LEE, ?L.S 3260,"marking the beginning of a tangent curve lu the left; 124.55 feet along the are cof said curve, having a radius of 329,W feet, a central angle of 21"41'29", and a chord, which bears, North 09°52'01" West fnr a distance of 123,81 feet to a found lf2" robar with a plastic cap, stamped "'GA LEE, PLS 3260," marking the beginning of a reverse curve; 102,60 feet along the am of said eme, having a 271.00 foot radius, a antral angle of 21°41'29", and a chard which bears, North 09°52'01" West, for a distance of 101.99 feet to a found 1 - rebar with no cap, North 00°58'43" East, for a distance of 106.36 feet to a found 1/2"' rebar with a plastic cap, stamped"GA LEE,PLS 3260,"marking the northwest corner of said I.ot 7,Block 2; Thence, leaving said westerly boundary line, South 89'01'17" East, for a distance 320.11 feet along the northerly boundary line of said Lot 7 and the easterly pmlongation thereof to a set 518" rehar with a plastic cap, "PL5 12720;" on the easterly boundary line of Let 2, Block 2 -of Medimant ubdiv sioll, Thrrice South 1q°08r17" R",-a distance of 79.97 fieet along said easterly boundary line of Lot 2, Block 2, kwhisoh heaM North 01°25'43" East, for a distance of 5,00 feet from a found 1/2" mbar with a plaatio yap. M nwd-GA LEE, PLS 3260,witness Garner; Thence South 01°25'43" West,for a distance of 1&. r feet to the northwest corner of that Parcel described in Wam my Dead, InsL No. 2020-012834; Thence North $9146'00" East,a distance of382_31 feet along the northerly boundary line of said Parcel to the POINT OF BEGINNING_ Containing 6.416 acres, more orr legs. SuNect to valid easements or resffvations_ END OF DESCRIPTION. OF%t Intermountain Wood Products H-2021-0042 Page409 EXHIBIT C x d d � GNRf AD SOO 4 '61 M� O .00S"0!I Ww MOM a r OOb B LB"004 29-00 n. S9'LSD A./-L,M04S 3L�,42.04 z SC PLS 52S2 PLS 5282 z aD � �OED 0 Ch il d I oo a �p � � LU ld L "I i A . rt D M < W LL La C.l jw If1 - i41 r } ❑ OD O _t] So Pt5 77 { Z 4 Lli _ rn � (LOT 2 hkDIOHT sue. O" 1 ~ —L Cv O W �' 31 (LOT 9) (LOT D) 0: [LOT 10) CC l� WI r� (LOTS LL- _ r' ax O z � CO PLS 2$ f A LE (A PLS 326 LS 3260 RLS 3260 PLS 37$ 5 AU�titaS W F i Ch oG G�p _COY * x `° QCC rt 1��4�1"NM KV i�� kx�r�oe anal eoe snlua icu�a irmi Laa3 s�ee�Orne— H Intermountain Wood Products H-2021-0042 Page410 Item#17. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN�-' AND DECISION& ORDER In the Matter of the Request for an Amendment to the Comprehensive Plan Future Land Use Map to Change the Designation on Approximately 4.98 Acres of Land from Mixed-use Community to Industrial(3.5 Acres)and Commercial(1.48 Acres);Annexation of 3.5 Acres of Land with an I-L (Light Industrial)Zone; and a Development Agreement Modification to Remove a Portion of the Subject Property from the Medimont Development Agreement (Instrument No.97072405)for the Purpose of Entering into a New Agreement that Governs a 6.41 Acre Development,by Kent Brown Planning Services. Case No(s).H-2021-0042 For the City Council Hearing Date of: November 9,2021 (Findings on November 23, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 9, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 9, 2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 9, 2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk with a copy served by the Clerk upon the applicant,the Community Development Dept.,the Public Works Dept. and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(INTERMOUNTAIN WOOD PRODUCTS—FILE#H-2021-0042) - 1 Page 411 Item#17. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 9, 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 comprehensive plan map amendment, annexation and development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 9, 2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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 November 9,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(INTERMOUNTAIN WOOD PRODUCTS—FILE#H-2021-0042) -2 Page 412 By action of the City Council at its regular meeting held on the 7th day of December 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 12-7-2021 Attest: Chris Johnson 12-7-2021 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 12-7-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(INTERMOUNTAIN WOOD PRODUCTS-FILE#H-2021-0042) -3- Item#17. FofSG, �Sc'�deilt�F�•�zc: ANNEXATION DESCRIPTION A parcel of land described as Parcel 1 in Warranty Deed, Inst. No. 2020-012834, and all that certain Parcel described in Warranty Deed, Inst. No. 2019-121778, located in the Northeast 1/4 of the Northeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, ID, more particularly described as follows; COMMENCING at the Northeast Corner of said Section 18, from which the East 1/4 Corner common to said Section 18 and Section 17, bears, South 00°00'39" West, (which is the basis of bearing for this description), for a distance of 2658.72 feet; thence along the common line of said Sections 18 and 17, South 00°00'00" East, for a distance of 828.49 feet along the centerline of South Locust Grove Road to the POINT OF BEGINNING, from which the North 1/16t1i corner common to Sections 18 and 17 bears, South 00°00'00" East, for a distance of 501.10 feet; Thence, continuing South 00°00'00"East along said centerline of South Locust Grove Road, for a distance of 352.08 feet to the intersection of said centerline and the easterly prolongation of the northerly boundary line of that certain Parcel shown on Record of Survey No. 10859, Ada County Records; Thence along said northerly boundary line and the easterly prolongation thereof, South 89°08'55" West(formerly South 89°11'30" West), for a distance of 435.81 feet to the easterly boundary line of Medimont Subdivision, as recorded in Book 75, at Page 7794, Ada County Records; Thence along said easterly boundary line,North 00°54'14" East (formerly North 00°55" East), for a distance of 352.53 feet; Thence North 89'11'30" East, for a distance of 430.24 feet to the POINT OF BEGINNING. The above-described Parcel contains 3.501 acres, more or less, of which 0.388 acres, more or less is recognized as ACHD right of way. Subject to easements of record and not of record. tc4r � of VD Vz 917 Lusk Street,Suite.300 Boise, Idaho,83706 • 208-342-3144 Forsgren.com Item 417. ANNEXATION EXHIBIT MAP FOR INTERMOUNTAIN WOOD PRODUCTS LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 18, T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2021 t� 7 8 E. FRANKLIN RD. 18 1 Q �� C6 N (N89'11'1/2"E 430.7') 0o _ N89°11 '3_0"E_ 430.24' 382.24' — — - 48 00' PARCEL 1 -�o ^-�o o WARRANTY DEED o INST NO. 2020-012834 0 o (� 0 �� Z 383.84' 8.�0 O a,Ln° Q — — S89°11'30"W 431.84' ,Nn�° w � NI (S89°11 1/2'W 432.3') I o w m w L0 W 0 0} O WARRANTY DEED o n a W INST NO. 201 9-1 21 778 z^ O O Po (Ji �r 0o n w O 00 Q >o cam Y - n PARM A `n O o n� I nr-� 3.501± ACRES O 0]d �� NO N O N o� `. O OI � N o _O Z O < > z w N w z _ _ 387.80' 48.01' O o S89°08'55"W 435.81 ' — — h' d0-. (S89'11'1/2"W 436.3') wl RECORD OF SURVEY Iw o N - NO. 10859 0 M U NOT A PART Io O 0 J 0 S89°08'55"W 00 — _48.01' ... 1/16 CORNER S89°08'55"W 390.15' 18 17 s r SCALE: 1"=100' o � � 4 N O u 18 17 0 u PROJECT NO.: FokSGRENINTERMOUNTAIN WOOD PRODUCTS 220158 c7fism yxla SHEET NO. 917 SOUTH LUSK STREET,SUITE 300,BOISE,IO 8370 FN 2 0 30019 ANNEXATION EXHIBIT 1 O PH:20B. 3144 a Page 415 EXHIBIT A STAFF REPORT E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING November 9, 2021 Legend DATE: 0 leiPrv:�c- Loco-or TO: Mayor&City Council i)F-hFROM: Alan Tiefenbach,Associate Planner E�FFbWj'IF#`RfJ - Bruce Freckleton,Development - Services Manager t SUBJECT: H-2021-0042 k -- Intermountain Wood Products Expansion :=-1--F- T LOCATION: The properties are located at 255, 335, 381, and 385 S. Locust Grove Rd, and 220, 300 and 330 S. Adkins Way, in the -------------- -- NE 1/4 of the NE 1/4 of Section 18, + E Township 3N,Range 1E. I. PROJECT DESCRIPTION This is a request to expand an existing wood products business by annexing 3.5 acres of property with the I-L zoning district,and modifying the Medimont Development Agreement to create a new development agreement to remove a requirement for an internal landscape buffer. This application includes requests for two Comprehensive Plan Map Amendments. The first amendment is to change the designation of the properties to be annexed from mixed use community to industrial to allow zoning to I-L for the warehouse. The second map amendment involves the two properties to the south at 381 and 385 S. Locust Grove Rd(not part of the development)being designated from mixed use community to commercial to make them more consistent with the FLUM designations of surrounding properties to the south and west. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.5 acres Future Land Use Designation Mixed Use Community Existing Land Use(s) Vacant Proposed Land Use(s) Industrial(distribution and warehousing for wood products) Lots(#and type;bldg./common) 6 existing lots Phasing Plan(#of phases) N/A Number of Residential Units(type N/A of units) Page 1 Page 416 Item#17. Description Details Page Density(gross&net) N/A Physical Features(waterways, No known unique physical features. hazards,flood plain,hillside) Neighborhood meeting date;#of June 3,2021,3 attendees attendees: History(previous approvals) The three lots containing the existing business were annexed in 1996(DA Inst.#97072405)and platted as the Medimont Subdivision No.2. (FP 99-010).A conditional use was approved for a wholesale building materials building in 2001 (CUP 01-035)and the CZC was approved in 2003 (CZC 03-007).The two parcels proposed to be annexed and zoned to I-L to allow for expansion of the existing business(255 and 335 S.Locust Grove Rd)are presently un-platted. The two additional lots proposed for a Comprehensive Plan Map Amendment(385 and 381 S.Locust Grove Rd)were annexed in 1999,and CZCs were issued for or the existing daycare in 2012 and 2017(CZC 12-064,CZC A-2017- 0191,MDA 09-002).Although these lots are being included as part of the Comprehensive Plan Map Amendment with this application,they are otherwise not part of the development. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Access presently occurs from S.Locust Grove Rd(arterial) Hwy/Local)(Existing and Proposed) and S.Adkins Way(Local) Traffic Level of Service Better than"E" Stub Street/Interconnectivity/Cross Site plan only shows internal access to the west. Access Existing Road Network S.Locust Grove Rd and S.Adkins Way Existing Arterial Sidewalks/ 7' sidewalk already exists along S.,Locust Grove Rd. Buffers Proposed Road Improvements No improvements required Fire Service No comments submitted Police Service No comments submitted Wastewater • Distance to Sewer NA Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See Application ERU's • WRRF Declining Balance 14.18 • Project Consistent with Yes WW Master Plan/Facility Plan Page 2 Page 417 Item#17. Description Details Page • Comments • Flow is committed • Sewer is available from Locust Grove • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. • Ensure no sewer services pass through infiltration trenches. • If existing sewer main into the site is not used it must be abandoned at the manhole. Water • Distance to Water Services 0 • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Any changes to public infrastructure must be approved by Public Works. • If the existing water main stub is not used it needs to be abandoned at the main in Locust Grove. • Water main will require a 20'utility easement. • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. • Any well that will no longer be used must be abandoned according to IDWR requirements. Page 3 Page 418 Item#17. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend 1; iect Lcca fin in-dustna i c E FRI4NKLIN RCS E'FF KL'IN - i iI u u, IaJ n' �U-C E � J-�lTI D �- I{ALISPEL 0 � ST J S7 EWATERTOWERST-J J tlal EWXTERTG)J J Zoning Map Planned Development Map I II (fLegend C-G E Lar 0 fLegend 0Prcj i eci Lccaon IttProject Laca&m City uryft I- — Picnned Parcels _ E`FRAN V%L'IN=R[ �- N I LIN`RD -x R-1. L RUT RUT�W C-N RU T- PLA LIS P EL ST �7=R� R1 - EWATERrOWERST - - RUT -------------- -- C III. APPLICANT INFORMATION A. Applicant/Representative: Kent Brown Planning Services—3161 E. Springwood Dr, Meridian, ID 83642 B. Owner: Banks Group, LC—PO Box 65970, Salt Lake City,UT, 84165 Page 4 Page 419 Item#17. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 9/17/2021 10/24/2021 Radius notification mailed to properties within 300 feet 9/15/2021 10/20/2021 Sign Posting 9/17/2021 10/28/2021 Nextdoor posting 9/16/2021 10/20/2021 V. STAFF ANALYSIS Background The applicant proposes to annex 3.5 acres of property(the subject property)at 255 and 335 S. Locust Grove Rd. in order to construct a 59,300 sq. ft. +/-warehouse for their existing wood wholesale distribution business. The existing business is to the west of the subject properties at 300 and 330 S. Adkins Way. This request also includes a request for a development agreement modification and comprehensive plan map amendments. The existing wholesale and distribution business was constructed in 2003 and is within the Medimont Subdivision(annexed in 1996). The Medimont DA has a requirement for a 20' planting strip along the eastern boundary of the plat area(intended as a residential buffer). This puts the required planting strip between the existing business and the properties intended for annexation and expansion. Accordingly,the applicant proposes a DA modification to remove the requirement for the planting strip in this area. This application also includes a request for two comprehensive plan map amendments. The first amendment is to change the designation of the 3.5 acres of property to be annexed from mixed use community to industrial to allow zoning to I-L for the warehouse. The second map amendment involves the two properties to the south(1.48 acres total)at 381 and 385 S. Locust Grove Rd(already zoned C-C but not part of the existing business or expansion). Until recently this was the location of the Tree House Learning Center daycare. These properties are also designated for mixed use community but are directly adjacent to industrial designation to the west and commercial designation to the south along W. Watertower St. and S. Locust Grove Rd. At the pre-application meeting, staff informed the applicant that it was not preferable to pursue a land use map amendment that would leave a small enclave of mixed-use community designation and encouraged the applicant to work with the adjacent property owners to amend the map to commercial with the same application. There will still be approximately 7.2 acres of property remaining along this side of S. Locust Grove Rd designated for MU-C, staff is unsure how viable the remainder of this property will be for mixed use community development,particularly the two residential properties directly north of the subject property. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a new development agreement as part of the annexation approval.The applicant has provided a new legal description of the property boundary subject to the new DA(see Exhibit VIII below). Page 5 Page 420 Item#17. A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Comprehensive Plan Map Amendments The area is presently designated for mixed use community under the future land use map (FLUM). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential,and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional(MU-R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. To the east of the subject property across S. Locust Grove Rd is single family attached (Bellabrook Subdivision) and a religious institution. There are commercial and office uses to the south, and directly adjacent to the west is a 27-acre industrial park. Adjacent to the north are two existing single-family residences, and north of those is a 2.4-acre property zoned R-40 with an existing development agreement for up to 95 multifamily units(Cobblestone Village AZ 99-005). Given the existing development in the vicinity,the size of the remaining undeveloped properties, and that UDC 11-3A-3 requires site circulation to occur from a local street(S. Adkins Way) rather than an arterial(S. Locust Grove), staff does not believe the subject properties have the accessibility and are viable for the integrated,walkable, synergistic development oriented around open space that is anticipated by the Plan for mixed use community. Staff does believe a plan amendment is appropriate to allow a change to industrial designation for the subject properties and commercial designation for the properties to the south. However, staff does have reservations with how the proposed development will interact with the remaining properties to the north which would still be designated for Mixed Use Community. The two properties directly north of the subject property are still in the County,the two properties north of those are within the City and zoned R-15. Staff has concerns with whether the proposed warehouse will limit future redevelopment in this area. Staff has not received any correspondence from the owners of either of those properties. B. Development Agreement Modification The existing Intermountain Wood Products buildings are within the Medimont Development Agreement,which was approved in 1997 (Inst. 97072405). Provision 4d requires a permanent 20- foot-wide landscaped planning strip along the east boundary landscaped with 6-8-foot-high scotch pines at a maximum distance of 15 ft. each. This was required to provide a screen for the adjacent residential properties,two of which are now proposed for the warehouse expansion. This proposal would create a new development agreement for the subject properties and would remove this requirement. At the time the Medimont No. 2 Final Plat was approved a common lot(Lot 2 Block 2)was platted along the eastern perimeter of the subdivision for the purpose of this landscape screen. This common lot was owned and maintained by the Stonebridge Owners Association. In February of 2021 the portions of the common lot between the existing business and the parcels to be annexed were deeded to the applicant. As the intent of the landscape strip was to buffer the adjacent residential properties from the industrial development, and the properties to be annexed are no longer proposed for residential, staff supports elimination of the DA requirement in this area. However,Lot 2,Block 2(the common lot)was split improperly. This results in two common lots—a common lot strip north of Page 6 Page 421 Item#17. the subject properties, and a common lot strip south of the subject properties. Also, an unbuildable common lot is now being converted to a buildable lot for a warehouse. This makes the applicant ineligible for a parcel boundary adjustment and a short plat is necessary to legitimize the subdivision. This will require cooperation with the Stonebridge Owners Association that owns the remainder of the common lot. All the trees that were within this portion of the buffer have been removed,which should be addressed. This is discussed in the landscaping section. C. Comprehensive Plan Policies(https://www.meridianciU.or lcompplan): • "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) The subject property is surrounded by the City limits to the south, east and west. 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. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices." (3.07.01A) The proposed industrial use will be required to provide a landscaped buffer along property lines adjacent to residential uses (i.e. to the north)with development per UDC Table 11-2C- 3. No outdoor storage is proposed with this development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff does have concerns regarding the present concept plan as will be discussed in the dimensional standards section below. Staff has red-marked on the concept plan that this plan should not be approved and future development should comply with all pertinent regulations and the Architectural Standards Manual. In regard to the proposed use, with appropriate design the proposed warehouse should be compatible with the existing industrial uses to the west and the commercial uses to the south. The required buffer to residential land uses to the north should minimize conflicts between land uses. However, staff does have concerns regarding how industrial development on the subject property could affect future development potential for the properties to the north, which will still have the Plan designation of mixed-use community. • "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 should not negatively impact abutting uses as other industrial uses exist to the west, commercial to the south, and a landscaped buffer is required along the north property boundaries to residential uses which should minimize conflicts.As noted in the Architecture Section below, the building architecture as submitted should not be approved and the warehouse should meet all standards of the ASM at time of Certificate of Zoning Compliance (CZC). • "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." Page 7 Page 422 Item#17. (3.03.03A) The proposed development will be required to connect to City water and sewer systems with development. • "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 has already been constructed along S. Locust Grove Rd and S. Adkins Wy, and in their staff report dated September 13, 2021 ACHD noted no additional road improvements were necessary. Hook-up to City water and sewer service is required with development. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements,access management, and frontage/backage roads, and promoting local and collector street connectivity. (6.01.02B) The concept plan indicates primary access, including for trucks, occurring directly from S. Locust Grove, an arterial.Also, staff has recommended to the applicant that cross access be provided to the properties to the north and south, although the concept plan does not reflect this. Staff has addressed this in the conditions of approval. D. Proposed Use Analysis: The applicant requests to annex and zone to I-L to allow a warehouse. This 1s an allowed use per UDC 11-2C-2. E. Specific Use Standards(UDC 11-4-3): There are specific use standards for a warehouse use per UDC 11-4-3-42. This includes a limitation on square footage of office and retail, and outdoor activity areas not being located within 300 feet of an adjacent residence or residential district. The 4,800 sq. ft. office area is well under the 25%limitation on office uses,but the concept plan reflects an outdoor loading area as close as 100 feet from the adjacent residential property to the north.At the time of the certificate of zoning compliance(CZC),the applicant will need to either move the loading bay to conform to the regulation or fully enclose the loading bay. F. Dimensional Standards(UDC 11-2): The I-L zoning district requires a 35 ft. street setback.A 25 ft. wide landscape buffer is required along S. Locust Grove Rd.,which is the same width required for landscape buffers on any side bordered by residential. Building height is limited to 50 ft. The site plan as submitted does suggest the landscape buffer along S. Locust Grove Rd. is met,but the width of the residential buffer to the north does not meet UDC standards. The site and design standards of UDC I I-3A-19 state that for properties greater than two(2) acres in size,no more than fifty(50)percent of the total off street parking area for the site shall be located between building facades and abutting streets. The concept site plan as submitted shows the entirety of the parking between the building and S. Locust Grove Rd. UDC 11-3A-19 also requires an applicant to extend or improve streets,drive aisles, cross access easements or similar vehicular and pedestrian connections provided from adjacent properties. The concept plan as submitted does not provide access to the properties to the north and the south.As a condition of approval of the development agreement, staff is recommending cross access to these adjacent properties. Staff does have concerns with the concept site plan as submitted because of the comments listed above. Staff has additional concerns regarding the size and visibility of the proposed warehouse Page 8 Page 423 Item#17. as would be viewed from S. Locust Grove Rd., and is unsure the building as shown would meet all the requirements of the Architectural Standards Manual(ASM).Although staff is overall supportive of annexation of the property for the purpose of the expansion, staff believes additional revisions need to be made to the site plan in order to be consistent with the regulations. Staff is not supportive of the concept plan as submitted. G. Access(UDC 11-3A-3, 11-3H-4): The existing business presently takes access from two driveways off of S. Adkins Way, a local commercial street. The two properties to be annexed are currently both rural residential, each with a driveway access from S. Locust Grove Rd. S. Locust Grove Road is classified as an arterial roadway and is improved with 5-travel lanes, bike lanes,vertical curb, gutter, and 7-foot wide sidewalk abutting the site. The concept plan as submitted shows access for this site occurring via a 40 ft. driveway directly from S. Locust Grove Rd. The applicant has mentioned employee, customer and truck access could occur at this driveway.ACHD has noted this proposal complies with all ACHD requirements. The Council can grant a waiver to allow the access,but staff prefers the applicant develop the site plan with internal circulation and send trucks through S. Adkins Way as previously discussed at the pre- application meetings. Staff has concerns with access occurring from S. Locust Grove Rd. UDC 11-3A-3 states where access to a local street is available,the applicant shall reconfigure the site circulation plan to take access from such local street. Also,where access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress and extend or improve streets,drive aisles, cross access easements or similar vehicular and pedestrian connections provided to adjacent properties. During the March 2021 Pre-Application meeting, it was mentioned to the applicant that the site plan as submitted should be revised to remove primary access from S. Locust Grove, access should be provided to the properties to the north and south, and it would be preferable for truck access to occur via the existing driveway from S.Adkins Way. The concept plan as submitted does not reflect any of these access points. As a condition of approval, staff recommends the access from S. Locust Grove Rd be closed, and the site plan be revised to indicate access from the north, south and west. H. Parking(UDC 11-3C): UDC 11-3C-6 requires one space for every 2,000 sq. ft. of gross floor area for industrial uses (warehouse). Based on a 53,350 sq. ft. warehouse and 4,800 sq. ft. of office space this amounts to 27 parking spaces required whereas 44 are provided. However, as mentioned above in the dimensional standards section above,the parking configuration as shown on the site plan does not comply with UDC 11-3A-19 in that all parking area is located between building facades and abutting streets. 11-3C-5 requires all off street parking areas to be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions.When a bumper overhangs onto a sidewalk or landscape area,the parking stall dimensions may be reduced two(2)feet in length if two(2)feet is added to the width of the sidewalk or landscaped area planted in ground cover. The concept plan does not appear to meet either of these requirements. Page 9 Page 424 Item#17. I. Sidewalks(UDC 11-3A-17): 8 ft. wide sidewalk exists along S. Locust Grove Rd. and sidewalk of at least 5 ft. exists along S. Adkins Way. ACHD has submitted a staff report and does not request any additional sidewalk improvements. J. Landscaping(UDC 11-3B): UDC Table 11-2C-3 requires a 25 ft. wide landscape buffer along arterial roads(S. Locust Grove Rd), 10 ft. wide buffer along local road(S. Adkins Way), and 25 ft.wide landscape buffers when sharing a property line with a residential use. There are also landscaping requirements(UDC 1I- 3B-8C) for parking lots,including not more than 12 parking spaces in a row without at least a 50 sq. ft.planter islands and a 5 ft. wide perimeter buffer adjacent to parking, loading or other vehicular use areas. A landscape buffers meeting the minimum dimensions will be required along S. Locust Grove Rd. There is an existing landscape buffer along S. Adkins Way and the parking lot appears to meet minimum requirements. The residential landscape buffer to the north of the site does not appear to meet the minimum width of at least 25 ft. The properties to the south(381 and 385 S. Locust Grove Rd) are not part of the current development and are subject to a separate development agreement. As mentioned in the DA modification section above,the existing Medimont Development Agreement has a requirement for a permanent 20 ft.wide planting strip along the eastern boundary of the subdivision,planted with 6-8 ft. high pines at no less than 15 ft. apart. When staff initially did the site visit for the pre-application meeting, staff discovered all trees that had been in this required planting strip between the existing business and the properties to be annexed had been cut down. Staff mentioned to the applicant these trees were a requirement of the final plat and DA and could not be removed without a DA modification. Staff requested the applicant account for all trees that had removed, and the applicant responded 11 trees had been removed in this area ranging in diameter from 11.5 in. to 20 in.to a total of 169 inches. As these trees were a requirement of the DA, staff recommends a condition that the applicant shall coordinate with the City Arborist to ensure an additional 169 caliper inches of trees meeting the minimum 6-foot height requirement be planted on the property in excess of other minimum landscaping requirements. K. Waterways(UDC 11-3A-6): There are no waterways known to traverse the property. There is an ACHD detention pond on another property approximately 500 feet to the north. L. Fencing(UDC 11-3A-6, 11-3A-7): The existing business has chain link fencing along the sides and rear of the facility. The properties to be annexed currently have, 3-strand wire,chain link and open split rail fencing. The concept site plan does indicate some of the existing fencing along the side property lines will remain. At time of CZC,the applicant will be required to submit a landscape plan that reflects all fencing meets the provisions of UDC 11-3A-7. This includes screening of any outdoor storage as required by UDC 11-3A-14. M. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VI below for Public Works comments/conditions. Page 10 Page 425 Item#17. N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual elevations have been provided with this submittal. The elevations do not meet the minimum requirements of the ASM. This includes nearly the entirety of the building materials being metal siding,lack of accents of at least 30%along the base of the building, fagade sections longer than 50 ft. without modulation,rooflines longer than 50 ft. without roofline or parapet variations, and possibly not meeting the 30%fenestration requirement or fenestration alternatives. Staff recommends the conceptual elevations not be approved. Also,due to visibility of this property from S. Locust Grove Rd and that it is surrounded on three sides by commercial and residential development, staff recommends a DA provision that requires architecture comply with the commercial,not industrial standards. VI. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map,DA modification 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 this item on October 7. 2021. At the public hearing,the Commission moved to recommend approval of the subject annexation,map amendment and development agreement modification request. 1. Summary of the Commission public hearing_: a. In favor: Kent Brown b. In opposition:None C. Commenting: Kent Brown. d. Written testimony: A letter was received from Camy Donahue at 336 S. Truss Lane. She voiced concerns with decrease in property values,traffic,particularly for trucks, lighting, and landscaping e. Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Commission discussed traffic,particularly the proposed access from S. Locust Grove Rd. 4. Commission change(s)to Staff recommendation: a. Commission noted the updated site plan that was presented at the meeting should be approved with a revision showing a northern cross access to the property at 255 S. Locust Grove Rd. b. Commission recommended approval with staff s recommendations and the additional recommendation that Council approve the S.Locust Grove Rd access. C. The Meridian City Council heard these items on November 9, 2021.At the public hearingthe Council moved to approve the subject annexation, comprehensive plan map amendments and development agreement modification requests. 1. Summary of the City Council public hearing: a. In favor: Kent Brown b. In opposition: None c. Commenting: Kent Brown Page I Page 426 Item#17. d. Written testimony: An additional letter was received from Jeremy Peterson,owner of 381 and 385 S. Locust Grove. The letter expressed overall support but emphasized the importance of the subject property providing a southern connection and maintaining access from S. Locust Grove Rd. e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. One citizen testified on potential traffic impacts from trucks associated with the operation. 3. Key issue(s)of discussion by City Council: a. Council discussed traffic, site access, size of building,hours of operation, and emphasized the importance of high-quality architecture. 4. City Council change(s)to Commission recommendation: a. Council approved waiver from UDC 11-3A-3 to allow continued access from S. Locust Grove Rd,with a restriction that the hours of operation from this access were limited to 7AM to 5PM. b. Council clarified the revised concept plan provided to the Planning Commission dated October 7,2021 was the one that was being approved. Page 12 Page 427 Item#17. VII. EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date: 612912021 Adopted Land Uses f500 1, ID 7 - 4 Feet 7 High Density [ResidentiGI IA_M a l General Indushifll MMtUlj-C Legend `TMISAP Boundary Law Density Residential 1 Medum Density Residential Med-High Density Residential High Density Residential - Commercial {gHce ;CnlFllrlfll ® Industrial I - CirAC Proposes[ Land Uses Old Town Mixed Use Neighfrotood 0 Mixed Use Community ® Mixed Use Regional + _ - Mixed Use Non-Residential - Mixed Use-Interchange Low Density Employment - High Density Employment Mixed Employment I _J MU-Res r--• eneral AMU C NI L_ I MU Com dustrinl Lifestyf Center Kalffts Mediurn Commercial DensityWa Residentiali`, Page 428 Item#17. B. Annexation Exhibit(date: June 16, 2021) FoDQGREN� s#!. Alt EXAT`>) N DESCRIIfiION A parcel of land described as Parcel 1 in Warranty Deed,Inst,No.2020-012934,and all that certain Parcel described in Warranty Dcud,Inst,No.2019-121778,located in the Northeast 114 of the Northeast 114 of Section IS,Township 3 Month,Range I East,Boise Meridian,City of Meridian,Ada County,ID,more particularly described as follows; COMMENCING at the Northeast Comer of said Section 18,from which the East 114 Corner common to said Section 18 and Section 17,bears,South OU'00'39"West,(which is the basis of- bearing for this description),for a distance of 2658.72 feut;thuncc along the 4ommon line of said. Sections 18 and 17,South 00°00'00"Last,for a distance:of 828.49 feet along the centcrline of South Locust Grove Road to the POINT OF BEGINNING,from which the North ]116'comer common to Sections 18 and 17 bears,South 00"00'00"East,for a dist.anuc of 50 1.10 feet; Thence,cxrntinuing South 0M0'00"East along said centerline of South Locust Grove.Ruud,for a distan{x:of 352.0S feet to the intersection of said centerline and the easterly prolongation of the nurtherly boundary line of that certain Parcel shown on Record of Survey No. 10839,Ada COUnty RLuTO-. Thence,along,said norther]y boundary line and the easterly prolongation thereof, South 89'08�55"WusL(former]y South 89'a11'30"West),for a distance of 435.81 feet to the easterly boundary line of Mudirnont Subdivision,as recorded in Hook 75„at Page 7794.Ada County Records; Thence along said easterly boundary line,North 00'54'14"East(formerly North 00°55"East), for a distance of 352.53 feet, Thence North 89'11'30"East,for a distance oT430_24 feet w the FOUNT OF BEGINNING. The above-described Parcel contains 3.501 acreu%, mtrrc or Icss, of which 0,398 acres, more or loss is recognized as ACHD right of way, Subject to casements of record and not of record. s� °FI 917 Lusk StrccL Suite;300•Boise,Idaho,93706.203-342-3144•rengm.mm d�fgi1L€��fiAt S�' et.C�1YMAtul.Afe+�c2,1 Page 14 Page 429 Item#17. ANNEXATION EX-iIB'T MAP FOR INTERMOUNTAIN WOOD PRODUCTS LOCATED IN THE ILE 1/4 OF THE NE 1/4 OF SECTION 18, T. 3 K, R. 1 E., B.M., CITY OF MERIDIAN. ADA COUNTY. IDAHO 2021 E ' E. FRANKLIN RCS. 7- 9 I (N89'111/2-E 4.30-7') '° N8911"3_0"'E_ 4�{3_. 4' 382,24" T 4$,cltj a PARCEL i o NJARRANrY DEED f; iNST NO. 2020-012834 caw < Lo n r. L.J L #1 ($r�9'11 1/2`W 432,3') n Lo W O` Li d WARRANTY DEED INST N4, 2019-1 21 775 ip c U7 h W >r 0 'V I A Ln j P o ' 3.501 t ACRES T1 to_ 0 4j n� cD T a iv ! ul mZO 9 � F F r RECORLT OF SURVEY Jyi c' N p NO- 1(�859 0 [_} era C NOT A PAR I I p � {� 0 589 "59 HF T90.15' — 1/16 CORNER 1817 SCALE: 1'*;l Q' k `" r 18 17 k INTERMOUNTAIN WOOD PRODUCTS P�reCT ro.:F � RE 2201 58 SHEET W;"�,�. K}Mt!r.5UM 3W.D•m5«c.in*3�, ANNEXATION EKHIBIT 1 OF 1 Page 15 Page 430 Item#17. C. DA Modification Legal Description and Exhibit(date:August 5,2021) TOTAL BOUNDARY DESCRIPTION A portion of Lot 2, Block 2 of Medirnont Subdivision CNo,I, a.5 rccordcd in [look 75,at Page 7794,Ada County Records-, all ofLois.7, 8,and 9, Block 2+tifMcdirnont Subdivision No.!,ws rccurdcd in Bot)k 79,at Page 8453, Ada County Records,a portion oftho certain parccl described &%Panel 1 in Warranty Deed, In-&L. 1Lo_ 202€1-012834, and.a portiim of that c.u.rtain Marcel described in Wamanty Deed, Inst. No.2()19-12177H,all ofixhich is iouaLccl in the Northeast 1/4 of the Northeast 14 oPSection 1 at,-Township 3 North, Range 1 Last, Boi!ic MeridiM Ada Coanty, 1D,more particularly described as follows', COMMENCING at the Alortheast Corner of Section 1S; thrnce alrung the curnmon line of Sections 18 and 17,which is coincident with the centcTlinC of South Locust(wove[toad, South 00'30'1 T'West,for a distance of 829.00 feet,from which a 5(8"rebar with a plastic cap, stamped "CSC PLS 5082,"marking the North 1110 corner common to Sections 18 and 17 bears, South 00130'1 T' West, for a distance of 500�62 feet; `Mence, South 89"46'00" West,for distance of48.00 feet to the westerly right of way line of South Locust Grove Road,as depicted on Record of Survey No. 7075,the POINT OF BEGINNING, Thence, along said right of way line,South 00'30'17" West, for a distance of 351.68 feet to its intersection with the northerly boundary line of that ccrtzin Parcel shaven on Record cF"Survcy N(i_ 10959,Ada County Regis; "Bronco along said northerly boundary line South 89°39"34"West(formerly South 89111'30" Went), for a distance of 388.00 feet to the easterly boundary line of Lot 2, Block 2 of Mcdimont subdivision,as recorded in Rook 75,at Pap 7794, Ada County Records, which buaus North 01'25'43">rast, for a distance v9'1.old} feet from a found 519"rehear with a plastic cap,stamped"ISU P1.5 7729 "rc.l�rs;ncc mtinumeilL', Thence along:laid uasLorly houndary line, South 01='25:43': We it,for a distancr,of0.44 feet to Its intersection with the casterly pmlongation of the%uuLhcrly boundary line of[-Art 9. Block 2,,of M+edimont Subdivision No-2,which bears North 011'25'43" 1'asL, for a dktancv,of0.56 fart.from the aforementioned reference monument; Thence forth 89*01"17" West, along the southerly boundary line of said Lot 9, Bloch 2 and the easterly prolungation thereof, for a distr3ncc cif 302.23 feet to a found 112" reba r with a plastic cap, stamped ,.CA LFF, PLS 3260," marking the southwest corner of Lot 9, Flock 2, which is coincident with the easterly right of way line of South Adkins Way; Continued an Page 2 Page 16 Page 431 Item#17. 'Fetal Houndarti, Description Page 2 Thencc: along the: wmxly boundary line of Lots 9 through 7, the following courses and distances. berth 0{?58'43" Ea L .Far a distance of I lli_lilt feet to a found 1/2" mbar %0th a plastic cap, stainped,"GA LEE, PLS 3260,''marking the t ginning of tangent c'urvie to the lets 124.55 feet along the are of said curve, having a raidius or 329M foot, a central angle of 21"41'29", and a chord, which bears, Nonh 09"52°01" 4V etit, for a distance of 123.81 fe et to a found 1{2" rebar with a plastic cap, starnpcd -GA LEE, PL 3260," marking the beginning of a reverse curve; 02.60 feet along the are of said eurve, having a 271.00 fool radius, a central anglc: of 21°'4i'29 and a chord which bears, North 09 '52'01" West, for a distance of 10 1.99 feet to a found 112" rebar with no cap; North 00-58'43" East, for a distance of 106.36 feet to a found 1/2" rebar with a plastic: cap, stamped"EGA LEE,PLS 3260,"marking the northwest corner of said Lot 7, Block.2; Thence, leaving said westerly boundary line, South 89"01'17" East, for a distance 320.13 feet alurig the northerly boundary line of said Lot 7 and the easterly prolongation thereof to a set 5/8"' rcbw with a plastic cap, "PISS 12720;" on the easterly boundary line of Lot 2, Block 2 of Medimopnt Subdivisiom fihence South 19"08'17" Fast,a distance of 79.97 feet along s:aA easterly boundary line of Lot 2, Block 2, which hears,Nortb 01 1"25'43" East for a distance of 5.00 feet from a found t 2" rebar with a plastic eap, stamped-GA LEE, ?LS 3260,witness corner;. Thence South 01°25'43" We--%t,fora distance of 18.96 feet to the northwest corner of that Parcel described in Warranty Deed, Inst_No, 2020-012834; Thence North 99446'00" East,a distance of392-11 feet along the northerly boundary line ot-said Pare]to the POINT OF BEGINNING. IYING. Containing 6.416 acres, more or less. Subject to valid easements or reservations. END OF DESCR.IPTTON. , y* OF 1 ` Page 17 Page 432 Item#17. LL z sc fir Sr, PLS 5282 �c b PLS 5282 _ z m � �7� 1� 0 Ial j. QD 107 od -V _ ° [C mi0 P% D r rf]lS- m 4 I�1 1+ W) LL LLl W � pti 1!1 i t"9 a ❑ L61I4 IM c < {3 IL d {�1 Z ] w PLS 77W 0 � ' LU In PO {LOT 2 �AOW SUB. {X 1 W ZHN R— w 0O 1 CL o g 0 m � +n (LOT 8) (LGT 9) �� "T 10) # - � I inI cLT ., UL O k LEE (30 PLS 26 PLS 324� 0 PLS 12, LS 326O PLS 320 o A' tiffs W ON 00eq U3, Li w l � r-- 3 Y7 G 0 N 0 J ui IM M'Mr71 PW 0 11 IMM A.VWM TAaI ON Wx.&Dmo wan 1moe sma atae -ON=\x Page 18 Page 433 Item#17. D. Site Plan(date: 1/12,12021 10/7/2021) f, iv ra, ss Li Er i ------------- g � U I e L MEW b w ti - "s I �. � j •= m � R§Y a 6 ¢ AARRGH4TECTURAL SITE PLAN @ F C a Page 19 Page 434 +m qz E. a+ aln Elevations(date: 1/12�2021 10/7202/NOT APPROVED � ƒ z - � \ ! NORTH ELEVATION 3 � | MUM- =;�30MFHFFF 7 . . . . . . . . . .. . . . . . . �«m • SOUTH ELEV ra \ } § \ ! ( § f - —-—-—-—-—-—-—-—--- WEST ELEV sa Page 2 �7q5 Item#17. Page 21 Page 436 Item#17. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. 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 on the site shall comply with the non-residential design standards for commercial districts in the Architectural Standards Manual and the design standards listed in UDC 11-3A-19. b. Future development of this site shall be generally consistent with the conceptual site plan dated October 7,2021 included in Section VII and the provisions contained herein. c. The S. Locust Grove Rd. access shall be used for-emer-geney aeeessonly, Foss waived by CtyCouneil in aeeer-d with UPC 11 3A 3 shall only be used Monday-Friday between 7AM to 5PM. d. Cross-access easements shall be granted to the abutting property to the north(Parcel# S 1118110071) and south(Parcels#R0879824125 and R0879824130); a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for this site. e. The applicant shall coordinate with the City Arborist on a mitigation plan to ensure an additional 169 caliper inches of trees removed from the property meet the standards set forth in UDC 11-313-10. f. Prior to Certificate of Occupancy,the applicant shall complete a short plat to merge Parcel# S 1118110105 and# S 1118110130 as well as the portion of Lot 2, Block of the Medimont Subdivision that was deeded to the applicant. g. The applicant shall comply with the warehouse specific use standards set forth in UDC 11-4-3-42. The proposed outdoor loading area shall not be located closer than 300 feet from the adjacent residential property to the north or fully enclosed. h. A 25-foot wide landscape buffer shall be constructed on the northern boundary to residential land use as required per UDC Table 11-2C-3, landscaped per the standards listed in UDC 11-313-9C,unless otherwise reduced by City Council. B. PUBLIC WORKS CONDITIONS SITE SPECIFIC CONDITIONS: 2. Ensure sewer services do not cross infiltration trenches. 3. Ensure no permanent structures(trees,bushes,fences,buildings, car ports,trash enclosures, infiltration trenches, light poles, etc.)are built within a City utility easement. 4. Unused water or sewer service stubs or mains must be abandoned in accordance with current City standards. GENERAL CONDITIONS: Page 22 Page 437 Item#17. 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 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. Page 23 Page 438 Item#17. 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. 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 design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-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. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancioy.or�ublic_works.aspx?id=272. 19. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. IDAHO TRANSPORTATION DISTRICT (ITD) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=234988&dbid=0&repo=MeridianC fty D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=237340&dbid=0&repo=MeridianC ky E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) Page 24 Page 439 Item#17. https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=237150&dbid=0&repo=MeridianC Lty IX. 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. Council finds the proposed amendment from Mixed-Use Community to 3.5 acres of Industrial for 225 and 335 S. Locust Grove Rd. and 1.32 acres of Commercial for 381 and 385 S. Locust Grove Rd. 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. As the adjacent development pattern is industrial to the west and commercial to the south, Council finds that the proposal to change the FL UM designation from Mixed Use— Community to Industrial and Commercial will provide an improved guide to future growth 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. Council 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. Council 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. If staffs recommendations are followed regarding design and compliance with UDC standards, Council finds the proposed amendments to Industrial and Commercial will be compatible with other existing industrial and commercial uses in the area. 6. The proposed amendment will not burden existing and planned service capabilities. Council 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. Page 25 Page 440 Item#17. Council 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, Council 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex the subject property with I-L zoning and develop industrial uses on the property. Although the FLUM presently designates the areas for mixed use community,for the reasons listed in the Comprehensive Plan Map Amendment section above staff finds industrial use is appropriate in this area and supports a plan map amendment. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed map amendment to I-L 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. S. Locust Grove Rd.). 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council 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 Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation is in the best interest of the City, if the applicant enters into a new development agreement and adheres to the DA provisions above. Page 26 Page 441 Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Toll Southwest LLC (Owner/Developer) for Oaks North and Oakmore (H-2021-0058), Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. Page 442 ADA COUNTY RECORDER Phil McGrane 2022-001215 BOISE IDAHO Pgs=24 CHE FOWLER 01/05/2022 08:11 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Toll Southwest LLB", Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 4th day Of January,2022 by and between City of eii-idian a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E, Broadway Avenue, Meridian, Idaho 83642 and Tall Southwest L C, a Delaware limited liability company, whose address is 3103 W. Sheryl give, Suite 100, Meridian, III 83642, hereinafter called WNEWD r ELt PER 1.1 WHEREAS, Owner is the sole Owner,in law and/or equity,of certain tract'tafland in the County Of Ada, State of'Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in girl1, herein after- referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,require or permit as as condition Of zoning that the Owner/Developer make a written commitment concerning,tlae use or development ofthe subject Property; and 1.3 WHEREAS,City has exercised its statutory authority by the enactment of Section 11-,B-3 of the Unified Development Code ("UDC") which authorizes a:lev lOpr ein agreements upon the annexation sand/car re-zoning of farad.; and 1.4 WHEREAS, Owner/Developer has submitted an application for as Modification Ofa Development Agreement as required by the existing Development Agreement(Inst. ft1140 0`72)to remove the Property listed in Exhibit" ", attached hereto, from that Development Agreement and be bound by this new Agreement cinder the Unified Development Cade, which Agreement generally describes how the Property will be developed and what improvements will be nlaade; and 1.5 WHEREAS,Owner/Developer made representations at the public.hearings before the Meridian City Council, as to how the Property will be developed and what: improvements will be made; and t r..vr:<.r.caPv ENi,Aexraa-,a.Mr.N tan s NORTH AND OAKMORF,',(14-2021 0058) ('AGE 1 OF 7 Item#18. 1.7 WHEREAS, on the 190' day of October, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes an action on any final plat with respect to the Property; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, The Property shall no longer be subject to the terms of the existing Development Agreement (Inst. # 114030972) or any prior development agreement and shall be bound only by the terms contained in this Agreement. 1.11 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Toll Southwest LLC,whose address is 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 2 OF 7 Page 444 Item#18. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada,City of Meridian as legally described in Exhibit"A"attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 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 Staff Report attached to the August 13, 2019 Oakmore Subdivision (H-2018-0117) Findings of Fact and Conclusions of Law and Decision and Order and Exhibit V.D. of the Staff Report attached to the Findings. b. For phasing purposes, the Oakmore plat shall be considered a phase of the Oaks North Subdivision and shall remain valid as successive phases of the Oaks North Subdivision 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 Owner/Developer shall comply with all City ordinances in effect at the time of final plat submittal for each phase of development. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date the Findings were adopted or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 3 OF 7 Page 445 Item#18. Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de- annex all or a portion of the Property,reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance,which shall include,without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 4 OF 7 Page 446 Item#18. annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE:The City may also require surety bonds,irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner/Developer agree to provide,if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3) days after deposit in the United States Mail, registered or certified mail,postage prepaid,return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Toll Southwest,LLC 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction.This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 5 OF 7 Page 447 Item#18. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY:Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City,other than as are stated herein.Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date: (i)the parties have mutually executed this Agreement;and(ii)the Agreement is recorded in the real property records of Ada County. the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—OAKS NORTH AND OAKMORE(H-2021-0058) PAGE 6 OF 7 Page 448 Item#18. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Toll Southwest LLC Its. CITY OF MERIDIAN ATTEST: Ei IDIAN B SEAL y Mayor Robert E. Chris Johnson, y Clerk STATE OF IDAHO County of Ada On this n)' day of 2021, before me, the undersigned,a Notary Public in and for said State, personallyappQarQd L q� known or identified to nie to be the of Toll Southwest LLC,and the person who signed above and acknowledgQd to me that he executed the same on behalf of said Company, IN WITNESS WHEREOF, I have hereunto set my hand an ffixcd my official seal the day and year in this certificate First above written. �owW f111,19. �x\ TAR afy41ublic for Idaho "-6-�AO �i Not Residing at: WLIL04-110 U My Commission Expires:U-3 - ZZ 0 STATE OF IDAHO County of Ada 0\ Oil this 4th day of January 2022 before me. 'a Notary Public, personally appeared Robert E'. Simison and Chris Johnson,known or identified to nic to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of belialf ofsaid City,and acknowledged to me that such City executed thcsarnc IN WITNESS WHEREOF.I have hereunto set my hand and affixed my of vial seal the day and year in this certificate first above written. CHARLENE WAY Notary Public for Idaho COMMISSION#67390 . Meridian, Idaho NOTARY PUBLIC Residing at. STATE OF IDAHO Commission expires 3-28-2022 MY CbMMISSION EXPIRES,3128122 T,)[;,Vf;.[01)MEN r AGRFEM I.,,NT--OA Ks NORTH AND 0 AKMORF(1-1-2021-0058) PAGE 701`7 EXHIBIT A Item#18. LEGAL DESCRIPTION OAKMORE SUBDIVISION REZONE—R-4 A parcel of land located in the NE l of Section 28.T.4N.,R.'1W., B.M.. Meridian,Ada County, Idaho,more particularly described as follows: Commencing at a brass cap marking the southeast corner of said NE V4,from which an aluminum cap marking the northeast corner of said NE%bears N 0`213'20" E a distance of 2638.62 feet; Thence N 0'29'20"E along the easterly boundary of said NE 1. a distance of 214 94 feet to the POINT OF BEGINNING; Thence Iearving said easterly boundary North 89'21'07'West a distance of 1312.36 feet, Thence N 0'36'34"E a distance of 444,28 feet; Thence 5 89°22'1 it E a distance of 175 08 feel; Thence S 0`29'20"W a distance of 230.00 feet; Thence S 89`22'02" E a distance of 1136.34 feet to a point on said easterly boundary of the said Section 28; Thence S 0°29'20"W along said easterly boundary a distance of 214.64 feet to the POINT OF BEGINNING. This parcel conlalns 7.39 acres and is subject to any easements existing or in use, Clinton W. Hansen, PLS Land Solutions. PC 110�'t i `_' s Revised. August 7,2019 4 Ss+ t 11118 r0 W.gyp, Oaks North&Oakmore- H-2021-0058 Exhibit A to Development Agreement Page 450 Item#18. DA Legal Description and Exhibit Map of the Area Subject to the New DA OAKMORE SUBDIVISION R-4 REZONE - EXHIBIT 1307.26' �4 u I I Z 91 SI I S89'22'11"E _ NOT-A-PARR I 4 PARCEL S0428143150 A" 0' 5745 N. BILACK CAT ft x W SN'22'02"E 1136.34' OAKMORE SUBDIVISION R-4 REZONE 7.39 ACRES (321,728 5F) PARML M42814314.0 5685 N. BLACK CAI RD. 16 N89'21'07'w 1312.36' POINT OF NCT-A-PART BEGINNING �I V PARCM SC42814300 ^' 5625 N. OWN CAT RD. cc 1/10 I ry, K' N I d I n 2 L LA*b �0 S T 23 21 ¢ �'� w, �icl�I1 L41U u _ 33 Land olutions � OF1 _ 0 100 2QO 400 Q/�, W A �- ' Land 5unr yirlg and Consulting I>! 7T•� 2JS E$rr 57,ATE R A/E RAWf m 8iSi7 12I91 233 1'DIO 1:791 Ii3di55T L� Page 451 EXHIBIT B Item#18. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAl`T AND DECISION&ORDER ,�E 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 - Page 452 Item#18. 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 I I-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- Page 453 Item#18. 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 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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- Page 454 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- ttem#�s. EXH I BIT A STAFF REPORT E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 10/5/2021 Legend _ DATE: Project Location TO: Mayor&City Council -1 FROAM: Joseph Dodson,Associate Planner o ® � 208-884-5533 SUBJECT: H-2021-0058 Oaks North&Oakmore DA • Modification • LOCATION: The site is located on over 200 acres on � ® mum the north side of W. McMillan Road, between N. Black Cat Road and N. McDermott Road,in the S %z and NE '/4 of Section 28, Township 4N.,Range 1 W. _ L 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 456 ttem#�s. EXH I BIT 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 hearing 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 signed: b. Context of request beingentirely-administrative in order to formalize the approved Oakmore Plat and is not changing any other component of the existing Oaks North DA. Page 2 Page 457 ttem#�s. EXH I BIT 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 Page 458 item#�s. EXHIBIT A B. DA Legal Description and Exhibit Map of the Area Subject to the New DA(dated: August 7, 2019): Ora►KMORE SUBDIVISION �4 REZONE - EXHJBIT _ _ W.-CHIDDEN BLVD, 21 42 E 1,R8 r 130726' r u 56n2'111 - 175.08' # Nor-A-PART i $745 N. BA( CAT R4. ; �-` 589'22'02°E 1136.34' OAKMORE SUBDINISOl R-4 REZONE T.Z9 ACRES (321.728 5F) PA,RCFL 604281432AO SEES N. BLACK CAT R1D. I"* N89'21'07"W 1312.36' PANT OF NCT-A-PART BEGINNING I F11FM SO42014300D 5023 N. BLFCIC CAT PC. 27 CE 1/1E 1/4 1 r n 1 c* z 4p L LA 41cIPLLAN {gip 2� 21 _ ✓4 r 33 34 0 ]Do 2c o =100 11 � �_� ` land Surveying and Consulting W. Page 4 Page 459 ttem#�s. EXHIBIT A LEGAL DESCRIPTION OAKMORE SUBDIVISION REZONE —R-4 A parcel of land located in the NE1/o of Section 28,T.4N.,RAW, P.M..Meridian, Ada County, Idaho, more partteulady described as fottows: Commencing at a brass cap rnarking the southeast come of said NE 'f,,from ► hich an aluminum cap marking the northeast corner of said NE 'Y4 bears N 0029`20"E a instance of 2638,62 feet: Then N W2.9'20"E along the easterly boundary of said NE % a distance of 214-94 feet to the POINT OF BEGtNMING; Thence leaving said easterly bouncIM North 89'21'07`West a distance of 1312.36 feet; Thence N 0'36'34'E a distance of 444.28 feet„ Theme S 89'22'11" E a distance of 175.08 feet; Thence S W2920"W a distance of 23U.00 feet; Thence S 8V22'02" E a dstance of 113&34 feet to a point on said easterly boundary of the sad Section 28; Thence S 0'29'2Q'W along said easterly boundary a distance of 214.04 feet to the POINT OF BEGINNING. This parcel contains 7.39 acres and is subject to any easements existing or in use. Clinton W. Hansen. PLS Land Solutions. PC 4q p�c o Revised. August 7, 2019 4 ri 1 1, �L rl 1 11ff8r� Page 5 Page 460 ttem#�s. EXH I BIT A C. Existing DA Concept Plan r _ Ir ar�. xshurRE �t , t t � � av3r Y , IF s 'w m Area in question 4 .En. =_RT, a � �N w „ N11 ,. — • '• 3xP ` N1.r NN m ES ? f 1 x,4• t xc N�cri N esau% eaPss 1 utP aoxuivir JENSENBELTS THE OAKS NORTH SUBDIVISION I——TAU �N61IfEERlM6 MERIDIAN, IDAHC PRELIMINARY PLAT LANDSCAPE PLAN ,SnulrriJxs Page 6 Page 461 ttem#�s. EXH I BIT A D. Oakmore Subdivision approved plans(H-2018-0117): - RUT wT :a1 0 wine°n.m�e � e'PYT E p Ix tr m,1. r I _ R-15 m ,fit a s�wm xaa•a�•ork �arzae mr unr~ M�n,u�. _ �,em•t�on_ s i° R-8 rr R—f5 ,1 n # �. 91iifET SECTION-5P ZHT C WAY gP�� °f RE-1 Page 7 Page 462 ttem#�s. EXH I BIT A a: a � 0 9 Nip rc o 4�i 1 y x tl 5 a i 0 R i n s I r o u L J!ill p za PLANT PALETTE Wy�gE z TM NOTE Te- KEY MAP oucwi � JENSENBELTS V J OF Ll Page 8 Page 463 The EXHIBITA rewl The Barrett Ow The Chapman LA The Emerson The Gilbert 4 c Page • F L Page 10 r P =1 A p. T Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Artist Acceptance Agreements for the Display of Artwork in the Initial Point Gallery February 2022 -July 2022 Page 467 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Fred Choate, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on February 4, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on February 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from February 4, 2022 through March 4, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 4, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 466 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 467 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 468 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 469 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 470 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS V41ERFOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: L� — Fred Choate-�_� Address: 1 t Nlet)4 '7 4' 11V VI E Lc) D✓� Phone: $� E-mail: f' CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson,City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY D15PLAY PAGE.6 Page 471 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Hallie Maxwell, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on February 4, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on February 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from February 4, 2022 through March 4, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 4, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 472 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 473 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 474 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 475 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 476 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Hallie Maxwell Address: 6861 N Agrarian Ave Meridian, ID 83646 Phone: 208-850-0224 E-mail: halliemaxwellart@gmail.com CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 477 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Karen Eastman, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on February 4, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on February 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from February 4, 2022 through March 4, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 4, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 478 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 479 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 480 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 481 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 482 Item#19. Ag-m ment by the pemns r6c7mccd below prior to such ratification uT uppmvAl shall not he construed as prop IV-val i diFy in the absomm of Mcrildla 1 City (Guncll .approval, l N W FTN FSS WH EREOF, &C. P�ITIIVS }hereto have executed Us Agr-mmen I OTi [Ile Effective Date: %N ittcn aWvr. ARTIST: lea Fvn Eastman CITY OF MERIM AN: 13Y: Robert E. SLrrtison, MEL or 1-4-2022 fYtLcsi z Chas Johnson, City Clerk 1-4-2022 Acc.r.F"rANL�Ac fL.eeKFK1- TKMAi"TkNm GALLERY L451MLAY PM-,T- 6 Page 483 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Matt Ciranni, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on February 4, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on February 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from February 4, 2022 through March 4, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 4, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 484 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 485 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 486 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 487 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 488 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the patties hereto have executed this Agreement on the Effective Date written above. ARTIST: ,Nlatt Ciranni Address: ) l 7 5 u r V e A�� ' c. RSe It 70 Phone: Ll S- I LI I E-mail: r r C c C a-�ie une, ne CITY OF MERIDIAN: BY: Robert E. Simison, Mayor1-4-2022 Attest; _ Chris Johnson, City Clerk 1-4-2022 ACCEPTANCL AcKLEmLN'r-INITIAL POINT GALLERY DISPLAY PA4C 6 Page 489 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Treasure Valley Artists Alliance, Inc., a non-profit corporation organized under the laws of the state of Idaho ("Organization"). (City and Organization may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Organization's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Organization to establish a display of Organization's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organization shall personally deliver artwork to Initial Point Gallery, on March 4, 2022, at such time as is specified by the Gallery Curator. Organization shall be responsible for installing such artwork on March 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 4, 2022 through April 1, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on April 1, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organization's artwork shall be displayed in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organization or any member thereof for services, work, and/or any activity undertaken pursuant to or related to this Agreement. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 490 Item#19. B. Sale of artwork. Organization or its members may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Organization's work; any transaction related to the sale of artwork shall be handled solely by Organization. Organization acknowledges the Commission's request that Organization or its members voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organization may remove such artwork from the Gallery,provided that Organization replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Organization shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Organization shall provide services described in this Agreement in a timely manner, as described herein. Organization acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organization shall coordinate any and all such activity with the Gallery Curator. Organization shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation,removal,publicity, and promotion of the exhibit. Organization's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organization for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Organizations issued for Initial Point Gallery, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 491 Item#19. V. DISPLAY. A. Original artwork. Organization warrants that any and all artwork provided by Organization for display in Initial Point Gallery shall be, and is, original work conceived and created by Organization's member artists. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof,provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Organization's name. Organization hereby conveys to City permission to use Organization's name and/or logo for purposes of advertising, marketing, and public information, without violation of Organization's rights of privacy or any other rights Organization may possess under this Agreement. D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Organization shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Organization's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Organization in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Organization. F. Removal of artwork by Organization. Organization shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Organization or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Organization and each of its members shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 492 Item#19. persons or property, and from any and all losses and expenses caused or incurred by Organization or Organization's members, servants, agents, employees, guests, and/or invitees. B. Waiver. Organization and each of its members shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organization's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization in the furtherance of Organizations' rights or obligations described herein. Insurance of the artwork; of related persons,property, or interests; and/or members, employees, or agents shall be the sole responsibility of Organization and/or its members. Organization and its members shall obtain all necessary insurance as may be required in order to protect Organization's insurable interests for its rights and obligations described within this Agreement, including,but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organization or any of its members has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2)business days after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organization. C. Termination upon death or incapacity of Organization. This Agreement shall automatically terminate upon the death or incapacity of Organization. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 493 Item#19. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organization and its members are independent parties and not employees, agents,joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organization and City; between Organization and any official, agent, or employee of City; between any member of Organization and City; or between any member of Organization and any official, agent, or employee of City. All parties acknowledge that neither Organization nor its members are employees of City. Organization shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organization shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Organization shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require Organization's artistic talent or expertise. Organization may subcontract or assign obligations that do not require Organization's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 494 Item#19. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail,addressed, if to the Organization, to the address written below, and if to the City,to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval- K. Warranty of authority. The party signing below on behalf of Organization("Signatory") expressly warrants that, to the extent set forth herein, Signatory is duly authorized to act as the representative and agent of Organization. Signatory further warrants that Signatory is authorized to bind Organization and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ORGANIZATION: Treasure Valley Artist Alliance,Inc. Jessi Swimeley esldent eSS: 34$ e- ZD —70 Phone: onI u -7 Z E-mail: y- -Le ,% -ITL--c LW-?,Yr llc a✓ht�-s ( ((qnce-,�, -24 CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Cleric 1-4-2022 ACCEPTANCE AGREEm NT—INmAL POINT GALLERY D7.SPLAy PAGE 6 Page 495 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and April Davis, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on April 1, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on April 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 1, 2022 through May 6, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 6, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 496 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 497 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 498 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 499 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 500 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: April DafWs Address: �, � �' �� Phone: -7 03 r �J d �/ �f 1 1 � � � f rT ■ E-mail- CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—W-FIAL POINT GA1..LERY DISPLAY PAGE 6 Page 501 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Benjamin Hunt, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on April 1, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on April 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 1, 2022 through May 6, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 6, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 502 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 503 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 504 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 505 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 506 Item#19. ,agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Benjamin Hu dress: 1 V, o be-&cc T ,'l a D Pnone: -78 cTq E-mail: (y)'l l . CITY OF MERIDIAN: E Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson,City Clerk 1-4-2022 ACCEPTANCE AO EEMEN'r-INITIAL POINT GALLERY DISPLAY PAGE b Page 507 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Gary Holt Peer, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on April 1, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on April 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 1, 2022 through May 6, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 6, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 508 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 509 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 510 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 511 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 512 Item#19. Agreement by the persons referenced below prior to such,ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval, IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST( Gary Halt Peer Address: 7 0 W �20. Phone: ^ S S` E-mail: ?`a 'J f�L ' C •C r�3� Cr1'f CITY OF MERIDIAN: BY: Robert E. Simison,Mayor 1-4-2022 Attest: Chris Johnson, City Cleric 1-4-2022 ,AccEPTANCE AGRECMENT-INITIAL POINT GALLERY DISPLAY PAGE b Page 513 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL("Agreement") is made on the .3b day of 5'CPT C11yeeA 20ZL("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Larry Balsan, an individual person ("Artist"), (City and Artist may hereinafter be collectively referred to as"Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave.,Meridian, Idaho ("Initial Point Gallery"); WHEREAS,the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business,that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. r` Artist shall personally deliver artwork to Initial Point Gallery, on April 1, 2022, at such time as is � X .o specified by the Gallery Curator. Artist shall be responsible for installing such artwork on April c. 1 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 1, 2022 through May 6, 2022, in accordant wikie.I_erms of this Agreement;and shall be responsible for removal of such artwork n May 6, 2027�, at such time as is specified by the Gallery Curator, Z I1. COMPENSATION AND SALE OF ARTWORK. C, CJ j A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the o pleasure of the Meridian City Council. City shall not provide compensation to Artist for 4, d services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery AccFPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGL I � Page 514 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 515 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 516 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 517 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 518 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: c a Isan .Address: Z S-6? 13o I56- IDAHo 370 Phone: T2. y — .s yy 2- E-mail: t3 0 L.S.f'i, [" vii/ IC. .CC�fy1 CITY OF MERIDIAN: BY: _ Robert E. Simison,Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—INITIAL POINT 0ALLERY DISPLAY PAGE 6 Page 519 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Michael Norsk, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on April 1, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on April 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from April 1, 2022 through May 6, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 6, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 520 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 521 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 522 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 523 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 524 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Michael Norsk Address: 11 LA �Cc �l lac 1�c. Phone: ? E-mail: in 2 a ek C.,(w_sk( -4!6mc •�•C CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson,City Clerk 1-4-2022 AccEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 Page 525 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. AR 1ST: � 1 U94M English AYsp Address: 1-1 E^. _ P,►1,LV 1 a Vq AVE, G�ipc# ti3 .a- 56P1-41 Phone: [30- -S 7 r q Z7Cr E-mail c AayC_0r Alsn . Co CITY OF MERIDIAN: BY, Robert E. Sim icon, Mayor 1-4-2022 Attest: Chris Johnson,City Clerk 1-4-2022 ACCEPTANcr A(iRi T m)-'NT--INITIAL POINT'GALLERY DISPLAY PAGI_6 Page 526 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January , 20_n("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Leslie Jay Bosch, an individual person("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on June 3, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on June 3, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 3, 2022 through July 1, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 1, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 1 page 527 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24)hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 528 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement,provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement,provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48)hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 529 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including,but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 530 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either parry may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 531 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST 5 Les ' Jay Bosckj Address: � v7 Phone: f � E-mail- �' � I f- Vie CITY OF MERIDIAN; BY: Robert F. Simison, Mayor 1-4-2022 Attest: Chris Johnson,City Clerk 1-4-2022 AcmprANcE AGRER),ENT—INr17AL POINT GALLERY DISPLAY PAGE 6 Page 532 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lisa Bowers, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on June 3, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on June 3, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 3, 2022 through July 1, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 1, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 533 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 534 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 535 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 536 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 537 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: C� Lisa Bow rs Address. Ck[ bot b CL! ICY Phone: j r E-mail: Lt S A Go £pzq C,M.AIi- =moo CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 Page 538 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Rachel Teannalach, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on June 3, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on June 3, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 3, 2022 through July 1, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 1, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 539 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 540 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 541 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 542 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 543 Item#19. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Rachel Teannalach Address: S+. � v % ) 9 Z_ Phone: 2 S 8 6 go g 2 E-mail: 1�2, . C -Fe ,,_ vi `l.a�a C�� wlo� C C/'V� CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 544 Item#19. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 2022("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ryan Wise, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on June 3, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on June 3, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 3, 2022 through July 1, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 1, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 545 Item#19. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 546 Item#19. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 Page 547 Item#19. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 548 Item#19. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 549 Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Ryan Wise Address: �� ���� �- G►R�Q, Phone: 672� E-mail: CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 I ACCLPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PACE 6 Page 550 Item#20. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Artist Acceptance Agreements for the Display of Artwork in the Initial Point Gallery July 2022 - November 2022 Page 553 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Amy Larsen, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on July 1, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on July 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 1, 2022 through August 5, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 5, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 552 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 553 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 554 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 555 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 556 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above, ARTIST: Amy Larsen wa, Address: Phone: E-mail: eA_lt'�YG) ayyqp—&+ CITY OF MERIDIAN.- BY: Robert E. Simison, Mayor - - 2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEF1TANCr AGREEMENT—INITIAL POINT GALLERY MISPLAY PAGE 6 Page 557 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Kathi Holzer, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on July 1, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on July 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 1, 2022 through August 5, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 5, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 558 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 559 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 560 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 561 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 562 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: fVthi Holzer Address: Phone: v E-mail: yyyy�� r ■x CITY OF MERIDIAN: BY; Robert E.Sunison,Mayor 1-4-2022 Attest: Chris Johnson,City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—INrnAL PotxT GALLERY DISPLAY PAGE 6 Page 563 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lynn Fraley, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on July 1, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on July 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 1, 2022 through August 5, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 5, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 564 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 565 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 566 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 567 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 568 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Lynn Fraley Address: 4M5 S (o i uwa 1 &_ 'ST- Phone: f 6t ` E-mail: ,aQ n'6 ea 4 AAe''k`1+1�•+�L�, CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAUC 0 Page 569 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Kris Rehn, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on August 5, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on August 5, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 5, 2022 through September 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 2, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 570 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 571 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 572 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 573 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 574 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: x-te `eJaZ4, A/14, Kris Rehn Address: 6213 S Scotch Way Boise, Idaho 83716 Phone: 208-866-2471 E-mail: krisrehn@gmail.com CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 6 page 575 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Misti Millward, an individual person("Artist"). (City and Artist may hereinafter be collectively referred to as"Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on August 5, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on August 5, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 5, 2022 through September 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 2, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK, A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 1 page 576 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24)hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof,Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork.Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 577 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement,provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48)hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION.WAIVER.AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 578 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including,but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent,or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 579 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors,assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 580 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Misti Millward Address: 4639 N Juntura Ave Meridian, ID 83646 Phone: (208) 284-0412 E-mail: mistitracy@msn.com CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 6 page 581 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Hartini Gibson, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on October 7, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on October 7, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 7, 2022 through November 4, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 4, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 582 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 583 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 584 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 585 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 586 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: (:4-5c )__ Hartini Gibson Address: i 2.1 W C rA 6c.rr C-4 a1s5 10 $37oy Phone: 1�©q ?S t r Li $ q E-mail: l�►a.r�►n. o m i CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT—INITIAL PoiNT GALLERY DISPLAY PAGE Page 587 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Jeanette Millward, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on October 7, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on October 7, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 7, 2022 through November 4, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 4, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 588 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 589 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 590 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 591 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 592 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: can I M" ward ,' Address: 3?)tk 3 �� r�V��1f 0�✓� � i Phone: AS -S(A - 15 E-mail: 0�� aca Covv_� CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson., City Clerk - - 2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 593 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Mary McInnis, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on October 7, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on October 7, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 7, 2022 through November 4, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 4, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 594 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 595 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 596 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 597 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 598 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the padie5 hereto have executed this Agreement on the Effective Date written above. ARTIST: Mary In 1s Address: /,)-V,�L7 PlUrcy7l d I'Vrr ra- Ib S/31ro9 Phone: P ' (v -- 40 rZ I E-mail: YYl 1 YYlC Y, h I !�': yve a-rq-- -y'VLexI I . C�]Y►� CITY OF MERIDIAN: BY: Robert E. Sirnison, Mayor 1-4-2022- Attest: Chris Johnson,City Clerk - - 2022 ACCEnANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PACE 6 Page 599 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ashley Quick, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on November 4, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on November 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 4, 2022 through Deember 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 2, 2022, at such time as is specified by the Gallery Curator. Il. COMPENSATION AND SAi.F.OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I Page 600 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24)hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof,Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork.Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 Page 601 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement,provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement,provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48)hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION.WAIVER.AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 Page 602 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including,but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent,or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 Page 603 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors,assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 Page 604 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Ashley Quick Ashley Quick Address: 1011 Greenwood Cir Boise, ID 83706 Phone: 303.475.4664 E-mail: ashleysilvernell@gmail.com CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 6 Page 605 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Joane Leone J�C�• Address: r ut r r T� cF s w Phone: c) _- _ cf i2U E-mail: �� Gt.. +�,t, ��{J (� qz' CITY OF MERIDIAN.- BY: Robert E. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk -4-2 22 ACCEPTANCE AGREEMENT--INITIAL POINT GALLERY DISPLAY PAGE G Page 606 Item#20. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 4th day of January , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joyce Green, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on November 4, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on November 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 4, 2022 through Deember 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 2, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I Page 607 Item#20. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 608 Item#20. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 Page 609 Item#20. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 Page 610 Item#20. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 Page 611 Item#20. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on t11e Effective Date written above. ARTIST: ,• "`J ,. Vic'.���i� Joyce Green Address; zi' K k C�j�- lilt Phone: C E-mail: � r CITY OF MERIDIAN: BY: RobertE. Simison, Mayor 1-4-2022 Attest: Chris Johnson, City Clerk 1-4-2022 ACCEPTANCE AGRECSMFNr—INUTAL POINT GALLERY DMPLAY PAGE 6 Page 612 Item#21. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement to Accept Payment in Lieu of Installing Streetlights at Sky Mesa Highlands No. 1 Subdivision Page 615 Item#21. Mayor Robert Simison City Council Members I Treg Bernt It"XAN , Joe Borton Public Works - Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader i TO: Mayor Robert Simison Members of the City Council FROM: Jared Hale—Engineering Project Manager DATE: 12/20/2021 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT SKY MESA HIGHLANDS SUBDIVISION NO. 1 REQUESTED COUNCIL DATE: 12/27/2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Sky Mesa Development, LLC 2. Authorize the Mayor to sign the agreement. R. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 208-489-0370 Clint Dolsby,Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey,Director of Public Works 208-985-1259 III. DESCRIPTION A. Background One of the site-specific conditions of approval for the Sky Mesa Highlands Subdivision No. 1 was to provide sufficient funds for the installation of street lighting along S. Eagle Road and W. Lake Hazel Road. The streetlights will be installed once the roads are widened by two additional travel lanes. Page 616 Page I of 2 Item#21. B. Proposed Project Pursuant to the attached agreement with Sky Mesa Development, LLC the City has accepted the estimated amount of $33,252.80 required to install those streetlights on S. Eagle Road and W. Lake Hazel Road. These funds will be used to install the provided streetlights when the road is widened by two travel lanes in conjunction with a future ACHD project at the intersection of S. Eagle Road and E. Lake Hazel Road. Sky Mesa Development, LLC is in favor of this solution. { They have signed the attached agreement, and paid the $33,252.80. IV. IMPACT i A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. I B. Service/Delivery Im act: This agreement will increase the street lighting along S. Eagle Road and W. Lake Hazel Road while ensuring that the lights are installed at the appropriate time and in the appropriate location. C. Fiscal Impact: Per this agreement the City has received$33,252.80. This is the estimated amount required to install the four lights along both S. Eagle Road and W. Lake Hazel Road and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow Sky Mesa Development,LLC to finalize the agreement, set aside the funds to install the street lights and meet this portion of the lighting requirements for final plat approval. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights on S. Eagle Road and W. Lake Hazel Road at Sky Mesa Highlands Subdivision No. 1. Approved for Council Agenda: Page 617 Page 2 of 2 AGREEMENT"TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT SKY MESA HIGI-ILANDS NO. I SUBDIVISION THIS AGREEMENT for streetlight installation, made this. 4th day of January 2022 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Sky Mesa Development, LLC 729 S. Bridgeway PI, Eagle, ID 83616 (hereinafter"Developer"). WHEREAS, Developer has received from City,conditional approval of the Final Plat forthe Sky Mesa Highlands Subdivision, Case No. FP-2020-0007; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP-2020-0007 is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, Developer is currently unable to install the required streetlights on S. Eagle Road in front of the Sky Mesa Highlands No. 1 Subdivision because S. Eagle Road has not been built out to its ultimate width; and, WHEREAS,once the S.Eagle Road is improved,City is willingto install the required streetlights if Developer has paid to City the estimated amount necessary to install the streetlights. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS. 1. Developer shall pay to City the amount of$33,252.90 as the amount necessary to supply and install four(4)type 1 streetlights. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Developer to install the four(4) streetlights on S. Eagle Road in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Developer to City, ❑evelopers' requirement to install the four(4)streetlights on S. Eagle Road shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Developer of Developers' Property. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed bytheir duly authorized officers the day and year first above written. SKY MESA DEVELOPMENT,LLC CITY OF MERIDIAN By: By 1a es H. Hunter, Manager Robert E. Simison, Mayor 1-4-2022 Page 616 Item#22. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: City Utilities and Streetlight Improvements Reimbursement Agreement Between the City of Meridian and High Desert Development Linder Village, LLC for Project No. A020(594) US 20/26, Linder Rd. to Locust Grove Rd. — Phase 1 Page 619 Item#22. Mayor Robert E. Simison E IDIAN*-� City Council MembersBernt Tre Bernt Joe Borton Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Troy Thrall, Staff Engineer II DATE: 1211012021 SUBJECT: REIMBURSEMENT AGREEMENT FOR CITY UTILITIES AND STREETLIGHT IMPROVEMENTS PROJECT NO. A020(594) US20/26, LINDER ROAD TO LOCUST GROVE ROAD—PHASE 1 REQUESTED COUNCIL DATE: 12/28/2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with High Desert Development Linder Village, LLC, an Idaho limited liability company, as assignee of High Desert Development, Inc., and Idaho corporation("Developer") 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Troy Thrall, Staff Engineer 11 208-489-0438 Clint Dolsby Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background ITD has entered into an agreement with the Developer to widen US20/26 ("Chinden Boulevard") from Linder Road to Locust Grove Road. This project will widen Chinden Boulevard to four travel lanes. An additional future project will widen Chinden Boulevard to six travel lanes. Page 620 Page I of 3 Item#22. Pursuant to Section 6 of the Meridian Design Standards, development is required to install streetlights along public roads. The City will own and maintain the streetlights once they are installed. The attached agreement is for Phase I of the project which extends from a West of Linder Road to East of Meridian Road. B. Proposed Project 1. Streetlights:Forty-five(45)streetlights will be installed on Chinden Boulevard from Linder Road to Meridian Road. Twenty-four (24) of the streetlights are for the frontage of the new Orchard Park development and will be paid for by the Developer. Twenty-nine (29) streetlights will be installed East and West of the Orchard Park development and will be paid for by the City. Conduit and junction boxes serving the streetlights will be paid for by the Idaho Transportation Department. The City will own,operate and maintain all forty- five (45) streetlights. 2. Fiberoptic: A total of 8,270 feet of Fiberoptic conduit as well 20 junction boxes will be installed as part of the project. The conduit and junction boxes will be paid for by the City and will be used in the future by the City Information Technology Department. 3. Water and sewer utility adjustments: Water and sewer utility adjustments include installation of new waterline and sewer line,installation of gate valves, relocation of a fire hydrant and blow off assembly, adjusting valve boxes and manholes to grade, and removal of existing water line and gate valves. These utility adjustments will be paid for by the City. IV. IMPACT A. StrategicImpact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact: The following costs will be paid by the City: Streetlight improvements $245,224.00 Fiberoptic improvements $106,659.20 Water& Sewer adjustments $63,542.00 Total $415,425.20 Page 621 Page 2 of 3 Item#22. The LED streetlights will have minimal maintenance requirements and an anticipated 20 year lifespan. Annual power costs for the streetlights will be approximately$1350. V. ALTERNATIVES VI. TIME CONSTRAINTS Construction started in March 2020. City approval of this agreement is required for the Developer to be reimbursed for the improvements and adjustments discussed above. VII. LIST OF ATTACHMENTS A. Reimbursement Agreement between the Developer and the City. Approved for Council Agenda: Page 622 Page 3 of 3 CITE'UTILITIES AND STREETLIGHT IMPROVEMENTS REIMBURSEMENT AGREEMENT This CITY UTILITIES AND STREETLIGHT IMPROVEMENTS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into this 4th day January 2022 ("Ll ffeetive Date"), by and among the CITY OF MERIDIAN, a municipal corporation of the State. of Idaho ("City"), and HIGH DESERT DEVELOPMENT LINDER VILLAGE, LLC, an Idaho limited liability company, as assignee of HIGH DESERT DEVELOPENT, INC., an Idaho corporation ("Developer"). RE CITALS A. Developer is developing a shopping center retail complex at the southeast coiner of Chinden Boulevard and Linder Road in Meridian, Idaho (the "Complex"). B. The Complex is referenced in that certain Sales Talc Anticipation Revenue Reimbursement Agreement, dated January 17, 2019 ("STAR Agreement"), entered into by and between High Desert Development, Inc. ("FIDD"), the Ada County Highway District, the Idaho Transportation. Department, and the Idaho Transportation Board. C. HDD has assigned its rights under the STAR Agreement to High Desert. Development Linder Village, LLC ("HDDLV"). As meaning and context may require, reference hereinafter to Developer means and includes HDDLV as the Developer under this Agreement and under the STAR Agreement. D. Pursuant to the STAR Agreement, as part of the highway project contemplated thereunder (the "Project"), Developer planned for and is in the process of completing the installation or construction of certain "approved transportation improvements" within the meaning of same as set forth in the STAR Agreement. D. City identified certain utilities improvements and certain streetlight improvements (the "City Utilities and Streetlight Improvements") that City desired be included within and designed, installed or constructed as part of the initial phase of the Project ("Phase I of the Project"). F. Subject to the terms and conditions of the STAR Agreement, the City Utilities and Strectlight Improvements are intended to qualify as "approved transportation improvements"within the meaning of same as set forth in the STAR Agreement. G. For convenience and expedience, at the request of City, Developer commenced, has proceeded with and is in the process of completing the design, installation or construction of the City Utilities and Streetlight Improvements for Phase I of the Project, with the understanding that upon substantial completion of same, City would reimburse Developer for costs incurred in such design and installation or construction. H. The parties enter into this Agreement to expressly set forth the terms and conditions for such reimbursement by City to Developer. AGREEMENT NOW THEREFORE, for and in consideration of the Recitals above, which are a part hereof and not mere recitals, for the covenants, terms and conditions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Utilities Improvements. The "Utilities Improvements" desired by City ,uad as designed and installed or constructed by Developer as part of Phase 1 of the Project are identified on Exhibit A attached hereto and made a part hereof (hereinafter the "Phase I Utilities Improvements". Upon substantial completion of the Phase I Utilities Improvements, Developer will invoice City for all costs Developer has incurred for design, installation or 1 42795M12.13499796.3 Item#22. construction of same. Within thirty (30) days of receipt of such invoice. City will pay the invoice in full. 2. Streetlight Improvements. The "Streetlight Improvements" desired by City and as designed and installed or constructed by Developer as part of Phase 1 of the Project are also identified on Exhibit A (hereinafter referred to as the "Phase I Streetlight Improvements"). Upon substantial completion of the Phase 1 Streetlight Improvements, Developer will invoice City for all costs Developer has incurred for design, installation or construction of same. Within thirty (30) clays of receipt of such invoice, City will pay the invoice in full. 3. Cost. The combined cost for both the Phase 1 Utilities Improvements and the Phase 1 Streetlight Improvements is $415,425.00. The foregoing amount is based on final bids for Phase I and reflects the actual costs incurred. 4. General Terms. 4.1 Project Costs. Regardless of whether or not the Phase 1 Utility Improvements anchor the Phase I Streetlight Improvements are "approved transportation improvements" within the meaning for same set forth in the STAR Agreement, City has allocated and appropriated all funds necessary to make all the reimbursement payments to Developer- contemplated in this Agreement and has complied with all applicable laws, including all procurement laws. 4.2. Limited Effect of Agreement. The purpose of this Agreement is to set forth the terms for reimbursement to Developer for installing the identified Phase 1 Utility Improvements and the Phase 1 Streetlight Improvements in conformance with plans and specifications for same as provided by City to Developer. This Agreement imposes obligations on City to reimburse Developer for the costs of design, installation or construction of same upon substantial completion and invoice to City, as described herein. This Agreement is not intended to alter the terms in the STAR Agreement or impose any new obligations or liabilities on Developer, regarding the design, installation or construction of transportation improvements or otherwise. This Agreement does not alter any City approvals related to the Complex. This Agreement does not provide any new rights or remedies to City. 4.3. Phase 2 Utility and Streetlight Improvements. This Agreement sets forth the agreement of the parties specifically with respect to Phase I of the Project. The agreement of the parties with respect to the anticipated next phase of the Project ("Phase 2 of the Project") will be set forth in a separate written agreement. 4.4 Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the matters referenced herein. 4.4. Severability. If any provision of this Agreement is inoperative or unenforceable as applied in any particular case in any jurisdiction because it conflicts with any other provision or provisions or any constitution or statute or rule of public policy, or ..for.any other reason, such will not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circuurrstance, or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. 4.5. Notices. Except as otherwise provided in this Agreement, all notices, certificates or other communications hereunder will be sufficiently given when in writing and either mailed by first class mail, postage prepaid, with proper address as indicated below or sent by electronic mail. Any party may, by written notice, designate any address or addresses to which notices, certificates or other conununications to it will be sent when required as contemplated by this Agreement. 2 42795.0012.13499796. Page 624 Item#22. City: City of Meridian Attn. City Attorney's Office 33 E. Broadway Ave. Meridian, Idaho 83642 Developer: High Desert Development Linder Village, LLC Attn: Joe Huarte, Manager 712 N. Troutner Way Boise, Idaho 83712 With copy to: DMG Real Estate Partners, LLC Attn: L. David McKinney 2537 W. State Street, Suite 110 Boise, Idaho 83702 Notice shall be deemed given upon actual receipt (or attempted delivery if delivery is refased), if personally delivered or rejected. 4.6. Counterparts, Facsimile Delivery. This Agreement may be executed in multiple counterparts, each of wl-ich shall be deemed an original when signed and all of which together shall constitute one and the same instrument. Delivery of an executed copy of this Agreement by facsimile, telecopy, telex, e-mail or other means of electronic communication producing a written copy will be deemed to be as effective as delivery of an original. 4.7. Governing.Law. This Agreement will be governed exclusively by and construed in accordance with the laws of the State of Idaho. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. D11JVELOPER: High Desert Development Linder Village, LLC By: c F LJ z j Its: 6 Fr"'- CITY: Attest: City of Meridian . . ...................... . ........ ................... . ... . ........... .......... By: By: Robert E. Simison, Mayor 1-4-2022 Chris Johnson, City Cleric 1-4-2022 3 42795.0012.13499796. Page 623 Item#22. EXHIBIT A Phase I Utilities Improvements and Please I Strectlight Improvements (see attached) .... ......... .... ..... . ......... ....... .. ... .. ................. ... .... .. .... ...... .... . .... ....... ...... .... .. .......... ..... .......... ... .. ..... . ... .. ..... ... ......... ......................... rl 42795.0012,13499796. Page 626 Item#22. m Q Ln E v m N � L D i r_ V! CZV aj W @ CL Y ID Ln O L d o ° C � Q L C r Ctt T-4 0 O f11 W N N v 41 .c 41 O v Z N Ol r4 •cur i �+1 U co ai Page 627 41 p 4 Item#22. O °O w. n. N O O LO Cl) [V tf} CD O ,o tD to fl- CJ Q ua a. w -cn H: ua sX CC!' z. ALn Page 628 ,rn cry Item#22. o � o N 4n Ln Q1 Ln N O O 0 60 N O N Ln wl 6r Y Ln N O O ' 1L] 00 lfl tJ? tJ Q LL is +; Lu J m CAElf €� U 0 0uj � - p :F U- ;,� U C7 a ice[ LU ri VF7� J c1 < Cr) Z a Fr V) Ln Ln ,� Page 629 cn Item#22. ry [V n n a�i 0 0. ,O N Ln M O O Ln i� 00. 2 CJ Q iLn Cu �a m m u. o LL; m_ L i%i m' 40 O m irr. 0 0 �: Page 630 Ail Item#22. . 0 o' CD -CD o a o o'; c) :0 Q 0 ca. oa .o 0 o' o ,.Q; o .Ow0 n cri o co; od ni lzj'' v ter' N cc: -1 ni LR N N M, LD .0: Gl N H C1' GO N r.': co "t i rl Lry OQ I '; Ql -f?'7 OJ Ln LD I .. i!}.,t/'1•`i.f}:1 th.ifs',if} -La:{f} {J} il} {/} in- iIA O O O. o 0 0 o Q CD Q CD' CD O' OO O O Q O' OO . + O .O O ., i .;� , o lD j oo ".ch"j N d d N 00 r l LD .�N- Cf' N, N -0). LD Q (n N: -i c0.' N r, w ..�' ',.�: oa n' rn :m o0 m LD (.D' ri m Lr LI7 rri d'' rf v-?; op irr to 3 "trr cn -Lq trF in m � ojCD o o Q o o Q , Q CD Q` Q o o o . w . '�r o LD.. o 0: 0 LD 0) O Ql'� n-I co 'ct':; LfS C!]'' LD ��: 61 LSD C l yr tn- 14,.;,Ln 'V)- -v v)- -U'� an-]tn tf�-'if�- m (JV VU '.ca (1U ca! LL !.l_ Q Q` LL :.Q; Q `.Q- LL ;J J LLI.; LL LLI CLI -1L['- J Lw I LL, ;LLj, I I.1 'I I E o .1 Q i m . m 3 Q 0 E- Cfl V) ch LU rL LLJ 1-- ur � I F -ILI cu cu 7 O m t ILI'� 4-1 C 41 ra LIJ r ru �. C7 ru +' Ln a:In U 'w Li LL o o o; o Page 631 N IN m m m ,m: m ) o o, ca o o o o o a o:: o N ref N Item#23. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Idaho Certified Local Government Grant Memorandum of Agreement Between City of Meridian and Idaho State Historical Society for 2021 Grant Award Page 632 Item#23. CLG-2021-08 IDAHO CERTIFIED LOCAL GOVERNMENT GRANT MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT ("Agreement") is entered into by the Idaho State Historic Preservation Office ("SHPO"), a division of the Idaho State Historical Society, and CITY OF MERIDIAN (DUNS no. 02-845-1367) ("Grantee"), effective as of the date of final signature ("Effective Date") and relates to a project to be undertaken by the Grantee, with financial assistance from a National Park Service ("NPS") matching grant in aid program (Assistance Listing No. 15.904 -- Historic Preservation Fund Grants-In-Aid; Federal Award Identification Number: ) supporting the Certified Local Government ("CLG") and National Register of Historic Places programs in Idaho, administered by SHPO. The National Register of Historic Places program was established by the National Historic Preservation Act of 1966, as amended, and is administered by the National Park Service, U.S. Department of the Interior. The SHPO and the Grantee agree as follows: 1. Application, Project Description and Budget. Grantee submitted an Application (Attachment A) for IDENTIFICATION AND DOCUMENTATION OF HISTORIC RESOURCES ("Project") for FY21. SHPO has reviewed the Application and has determined that SHPO will provide a matching grant in aid from the National Park Service to assist Grantee with a portion of costs related to the Project as described in Attachment B ("Project Description"). Grantee hereby agrees to carry out the Project work as described in Attachment B within the budget set forth in Attachment C ("Project Budget"). All funds provided by SHPO for this Project shall be federal funds from the National Park Service. No state funds shall be used under this Agreement. 2. Period of Performance. The Idaho Certified Local Government Grant program period shall begin 1 October 2020 and end 30 September 2022. Work under this Project shall commence after the Effective Date and shall be completed no later than 30 September 2022. 3. Allowable Costs. Allowable Project costs are for items described in Attachment B and are included within the Project Budget set forth on Attachment C. Allowable Project costs must be documented to the satisfaction of SHPO and determined by SHPO to: a. Meet federal requirements as set forth in the Office of Management and Budget Guidance Property Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Rules, 2 C.F.R. Part 200, and any amendments thereto; b. Be allowable under the U.S. Department of the Interior, National Park Service, —1— Page 633 Item#23. CLG-2021-08 State, Tribal, Local Plans & Grants Division, Historic Preservation Fund Grants Manual (June 2007), https://www.nps.gov/orgs/1623/hpf-grant-manual.htm-, C. Be necessary and reasonable for the completion of the Project; d. Have been incurred for the Project during the Period of Performance as described in Section 2 of this agreement; and e. Meet the Project description outlined in Attachment B. 4. Project Payment. Upon successful completion of the Project as described in Attachment B, Grantee is awarded $5,000.00 in CLG Grant funds. Grantee agrees to contribute cash or donated services to the Project in the minimum total of$5,000.00, or 50% of eligible Project costs, whichever is less. Upon SHPO's verification of successful completion of the Project by Grantee, Grantee may submit a request for reimbursement by SHPO. With prior approval from SHPO, Grantee may request partial reimbursement from SHPO after the completion and acceptance by SHPO of each completed milestone activity for the Project, as agreed to by SHPO and Grantee. All bills submitted must include supporting fiscal documentation detailing the federal and non-federal share of Project costs. Reimbursements will be made by SHPO for expended funds only. Grantee's final request for reimbursement shall include a comparison of completed activities and budget to those in the approved Project Budget. Grantee agrees to maintain all financial and administrative documents and records pertaining to the full Period of Performance of this grant as described in Section 2 of this agreement for a period of not less than five (5) years after completion of the Project. 5. Procurement of Personnel and Services. a. Grantee shall comply with the United States Office of Management and Budget Guidance Property Standards Rules, 2 C.F.R. §§ 200.310 through 200.327, and any amendments thereto, for soliciting supplies, equipment and other services. At a minimum, all procurement transactions, regardless of whether by sealed bids or by negotiation, and without regard to dollar value, shall be consistent with the requirements of 2 C.F.R. §§ 200.310 through 200.327, and any amendments thereto. Procurement procedures shall not restrict or eliminate competition. Written selection procedures shall include, at a minimum, the following procedural requirements: i. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured. When necessary, descriptions shall set forth those minimum essential characteristics and standards necessary to satisfy its intended use. Detailed product specifications should be avoided, if possible. When a clear and accurate description of the technical requirements is impractical or uneconomical, a "brand name or equal"description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met shall be clearly stated. —2— Page 634 Item#23. CLG-2021-08 ii. Clearly set forth all requirements which must be fulfilled and all other factors to be used in evaluating bids or proposals, such as a deadline for completion of the Project. iii. Contract awards shall be made only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. iv. Contract awards shall not normally be made to a contractor or professional who has developed or has drafted bid specifications, requirements, a statement of work, an invitation for bids, and/or a request for proposals for a particular procurement. If formal advertising does not result in any acceptable bids, Grantee or subgrantee may negotiate with any available contractor, including the contractor who produced the bid requirements. b. Procurement shall be made by one of the following methods: (1) small purchase procedures; (2) competitive sealed bids (formal advertising); (3) competitive negotiation; or (4) noncompetitive negotiation. Evidence of competitive negotiation for professional services and/or formal advertising must be forwarded to SHPO to evidence compliance with federal procurement requirements prior to disbursement of funds; C. Grantee shall include all of the of the terms and conditions of Attachment D ("Required Conditions for CLG Subagreements") of this agreement in any and all agreements between Grantee and any consult or contractor. 6. Project Supervision. Grantee agrees to ensure that work performed related to the Project conforms to Attachments B and C, to all appropriate guidance documents from SHPO, and to the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, 48 Fed. Reg. 44,716 (Sept. 29, 1983), available at https://www.nps.gov/subjects/historicpreservation/standards.htm. 7. Interim Reports and Requests for Reimbursement. Grantee shall submit to SHPO interim fiscal and programmatic reports in compliance with the schedule set forth in the SHPO, Idaho State Historical Society, Idaho Certified Local Government Grant Manual, available at: https://history.idaho.gov/clg/. Reimbursement requests can be made for federal funds at the completion of the Project. Within thirty (30) days after the completion of the Project, 100% of the federal grant award must be requested. Grantee shall contact SHPO immediately in writing if any situation arises that will affect the timely or successful completion of this Project. 8. Indemnification. To the extent not prohibited by Idaho law, Grantee shall indemnify, defend, and save harmless the State of Idaho, SHPO, and the Idaho State Historical Society, its officers, agents, and employees from and against all liability, claims, damages, losses, expenses, actions, and suits whatsoever, including injury or death of others or any employee of the contractor or subcontractor caused by or arising out of —3— Page 635 Item#23. CLG-2021-08 the negligent acts or omissions of Grantee in the performance, act or omission of any term of this Agreement. 9. Amendment. This Agreement shall not be amended without the parties' prior written agreement. Any major alterations, increases, or decreases in the Project or any changes to the Project Budget must be submitted in writing for review and approval to SHPO at least 30 days in advance of the proposed Project commencement date and in accordance with the requirements detailed in the SHPO, Idaho State Historical Society, Idaho Certified Local Government Grant Manual, available at: https://history.idaho.gov/clg . SHPO will endeavor to respond to requests for review and approval in writing within 15 days of receipt. 10. Attachments. All attachments referenced herein and attached hereto are incorporated into the terms of this Agreement. 11. Termination. This Agreement may be terminated by either party upon fifteen (15) days' prior written notice. Should this Agreement be terminated by SHPO, except for reasons of non-compliance by Grantee, SHPO will reimburse Grantee for up to 100% of the eligible costs incurred up to the termination date. Should this Agreement be terminated by Grantee, SHPO, at its sole and absolute discretion, may reimburse Grantee for up to 100% of the eligible costs incurred prior to the termination date, or may require Grantee to return any or all federal funds transferred to Grantee prior to the termination date, depending upon the circumstances of the termination. 12. Special Conditions. The Idaho State Historical Society reserves the right to include any additional special conditions on this Agreement as outline below: a. City of Meridian shall work with the Idaho State Historic Preservation Office to develop a preliminary survey boundary map, with anticipated property count, before survey work begins; b. City of Meridian shall provide a copy of any Request for Proposal or other solicitation for consultant services for review and approval by the Idaho State Historic Preservation Office; C. City of Meridian shall include, by attachment or reference, the Consulting with Idaho SHPO and IHSI Manual of Instruction for Data Entry guidance documents to any Request for Proposals; d. City of Meridian shall provide the Idaho State Historic Preservation Office a copy of an executed contract with a contractor for completion the Reconnaissance Survey of the survey area prior to any work being done, said contractor meeting the Secretary of the Interior's Professional —4— Page 636 Item#23. CLG-2021-08 Qualification Standards: Federal Register Vol. 62, No. 119, p. 33708, 1997 (36 CFR part 61) in at least one (1) of the following fields: Architectural History; Historic Preservation; or History; e. City of Meridian shall include a requirement in their contract with the selected consultant that the survey documentation shall comply with the Consulting with Idaho SHPO and the IHSI Manual of Instruction for Data Entry guidance documents; f. City of Meridian shall provide notice of the reconnaissance survey to the property owners and residents of the survey area, informing them of the purpose and process of the survey; g. On or before 1 February 2022, City of Meridian shall provide the Idaho State Historic Preservation Office a sample of completed inventory forms for review and comment; this sample shall be comprised of completed forms for the first five percent(5%) of the total number of properties to be surveyed, and the consultant shall incorporate the SHPO's comments in completing all of the inventory forms; h. City of Meridian or their consultant shall present the results of the survey to public at a public meeting or event and shall invite the property owners, residents, and the general public to the presentation; i. In accordance with the guidance from the National Park Service, all publications, reports, and documents shall be considered property of the SHPO. SHPO reserves the right to edit any publication as necessary. If such edits are necessary, SHPO will provide appropriate credit to the publication's preparer. IDAHO STATE HISTORICAL SOCIETY: Janet Gallimore, Executive Director Date Idaho State Historical Society Idaho State Historic Preservation Officer GRANTEE: CITY OF MERIDIAN 1-4-2022 Name Date Print: Robert E. Simison Title: Mayor, City of Meridian Authorized Representative for Grantee Attest: Chris Johnson, City Clerk 1-4-2022 —5— Page 635 Item#23. CLG-2021-08 ATTACHMENT A: APPLICATION Page 638 Item#23. STATE HISTORIC Idaho State Historic Preservation Office OFFICE FFICE Certified Local Government Subgrant Application /ID HO STATE HISTORICAL SOCIETY FY2021 Application Coversheet Applicant/Local Government Name: Meridian Historic Preservation Commission Address: 33 E. Broadway Ave Address: Meridian, ID 83642 Telephone: (208)489-0399 DUNS No.: 028-451-367 City/County Staff Contact Name: Audrey Belnap Address: 33 E. Broadway Ave Address: Meridian, ID 83642 Telephone: (208)489-0399 E-mail: abelnap@meridiancity.org Grant Coordinator (if different from City/County Staff Contact) Name: Address: Address: Telephone: E-mail: Budget Summary Total CLG Grant request: 5,000 Total Matching share: 5,000 Total cost of all project(s): 10,000 Source(s) of match: In-Kind Please provide a more detailed budget breakdown on the attached budget form. Authorization The undersigned certifies that he/she is authorized to apply for this subgrant on behalf of the local government, to commit local matching funds to the project, and to enter into a contract if the subgrant is awarded. Signature: t_ —A-- Date: CityjC&Piy Chief Elected ficial's ignature Print: St�iy Title: /a 1 FY2021 CLG Subgrant Application: Cover Sheet Page 639 Item#23. roject: Meridian Speedway Nation Register Nomination Applicant: Meridian HPC Part A: Proposed Project Project Description Complete a separate Part A: Project Description for each proposed project. Please state the objectives, the work to be performed, how the project relates to the goals set forth in the Idaho State Historic Preservation Plan, how the project relates to any local goals or objectives,and how the project will meet the Secretary of the Interior's Standards. In 2020,the Meridian Historic Preservation Commission hired TAG Historical Research to complete an Intensive Survey on the Meridian Speedway. In their final report,TAG Historical Research concluded that the Meridian Speedway is eligible for listing on the National Register of Historic Places and recommended moving forward with the nomination.With this grant,the Meridian HPC would like to complete the nomination from to list the Meridian Speedway on the National Register. If awarded,the Meridian HPC would use these funds to hire a consultant to complete the nomination and submit it for review in 2021.This work will follow the Secretary of the Interior's Standards for Registration,fulfill the Meridian HPC's mission to preserve, and bring awareness to local history,and aligns with the Idaho State Historic Preservation Plan's Goal#3 to"ensure that historic preservation efforts throughout the state...have access to sufficient and sustainable sources of financial support."The knowledge gained by this grant funded research and documented in the process of completing a nomination form will be invaluable and saved in our archives.However,the Meridian HPC also desires to preserve history by educating our citizens in our local history.We plan on sharing the historical information we collect with the public through various methods including social media platforms and publicly posted placards.The Meridian Speedway is a much beloved fixture in our City and we are confident that awareness of its history and the formal recognition of its historical significance will not only be compelling to our residents,but fundamental to our ongoing preservation efforts. Final Products CLG grant projects should result in a tangible product. Provide a detailed and specific list of the expected final products. Typical products include but are not limited to survey reports and forms; published document(e.g. walking tour guide); a National Register nomination; or similar. In some cases, the product may be an activity like a lecture or workshop. A short narrative describing the event must be submitted to the SHPO at the completion of the project. The narrative will describe the number of people attending, who composed the audience,and whether the project was carried out according to the proposal. If awarded,the Meridian HPC will submit a completed National Register nomination to the Idaho State Historic Sites Review Board. FY2021 CLG Subgrant Application: Part Page 640 Item#23. roject: Meridian Speedway Nation Register Nomination Applicant: Meridian HPC Timetable Provide an anticipated timetable for carrying out the proposed project. Include significant milestones such as project commencement, issuing of RFPs, public engagement events, any necessary approvals, and projected completion. A historical research consultant will be hired by May 1,2021 to complete the nomination form. The nomination will be completed,approved by the Meridian HPC,and submitted to Idaho State Historic Sites Review Board by December 31,2021. Key Staff/Personnel Provide a list of the key staff or personnel who will be involved in the proposed project, including a brief description of the roles and responsibilities for each member. Any anticipated subcontractors to be hired can simply be identified as such (e.g. -"consultant," 'architect,""building contractor,"et cetera). Audrey Belnap-staff liaison for the Meridian HPC,coordinate documentation,contracting,and payment to the consultant Historical Research Consultant-complete nomination form to submit to the Idaho State Historic Sites Review Board Meridian Historic Preservation Commission-review and approve work completed by consultant Attachments (Surveys, A&D, reprinting) Attach any additional documents in support of this project application. Note: some project types have required attachments; please refer to Chapter VII of the Idaho CLG Grants Manual for details on these requirements. Have you included any/all attachments for the project? Yes No FY2021 CLG Subgrant Application: Part page 641 Item#23. roject: Meridian Speedway Nation Register Nomination Applicant: Meridian HPC Part B: Project Budget Applicant• Meridian HPC Project: Meridian Speedway Nation Register Nomination Provide a breakdown of the budget items for this specific project. Include hourly or daily rates for professional fees, costs for specific project items, and any associated travel costs. For any cash matches from the Applicant, please include the source of the matching money(e.g. -CDBG, Idaho Heritage Trust, private donation,et cetera). Item Federal Local Match Total Share Cash In-Kind State Historic Preservation Office 5000 5000 Meridian Historic Preservation Commission 5000 5000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Subtotals 0 5000 Totals 5000 5000 10000 FY2021 CLG Subgrant Application: Part page 642 Item#23. Mayor Robert E. Simison E11[ IDLIA' �� gCity Council Members: gTre Bernt Brad Hoa lun Joe Borton Jessica Perreault H 0 Luke Cavener Liz Strader December 31, 2020 I , Local Match for State Historic Preservation Office Grant: In-Kind Source Calculations Audrey Belnap, Arts& Culture Coordinator During grant timeline February 1, 2021 through December 31, 2021 25% of full time hours dedicated to supporting the Meridian Historic Preservation Commission Total:$10,080(without benefits calculated) Meridian Historic Preservation Commission During grant timeline February 1, 2021 through December 31, 2021 Average of 19 hours per month at the volunteer rate for the State of Idaho ($20.97) Total:$4,180 Total In Kind Contribution: $14,260 Page 643 Item#23. CLG-2021-08 ATTACHMENT B: PROJECT DESCRIPTION The following Projects have been approved for Idaho Certified Local Government Grant funding for FY21: Project #1: Identification and Documentation of Historic Resources in Meridian Page 644 Item#23. CLG-2021-08 ATTACHMENT C: PROJECT BUDGET(S) Project #1: Identification and Documentation of Historic Resources ITEM FEDERAL $ LOCAL $ TOTAL Consultant fees $5,000 $0 $5,000 Local match $,0 $5,000 $5,000 TOTAL $5,000 $5,000 $10,000 Page 645 Item#23. CLG-2021-08 ATTACHMENT D: REQUIRED CONDITIONS FOR CLG SUBAGREEMENTS The following conditions must be included in any subagreement between the Certified Local Government and any consultant or contractor: 1. Consultant shall complete all work related to this project in accordance with the most recent version(s) of all applicable United States Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation; 2. All billable costs from the Consultant for reimbursement to the Certified Local Government shall be allowable under the most recent version of the United States National Park Service Historic Preservation Grants Manual; 3. Consultant shall complete all work related to this project in accordance with the most recent version(s) of all applicable guidance documents from the Idaho State Historic Preservation Office, including, but not limited to: Consulting with the Idaho SHPO; IHSI Manual of Instruction for Data Entry; ASI Manual of Instruction for Data Entry; the Idaho Certified Local Government Grants Manual; and any other appropriate guidance documents as identified by the Idaho State Historic Preservation Office; 4. Consultant shall complete all work related to the project in accordance with the Grant Agreement between the Certified Local Government and the Idaho State Historic Preservation Office; 5. Consultant shall make all revisions or modifications to submitted project materials as required by the Idaho State Historic Preservation Office. Page 646 Item#24. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Recycled Water User Agreement Between the City of Meridian and Adler/Grand Jr. for the Use of Reclaimed Water for Landscape Irrigation and the FedEx/Amazon Buildings on Franklin Rd. Page 647 Item#24. C� fIEN DL4,,A H �. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: Laurelei McVey, Public Works Meeting Date: January 4, 2022 Presenter: NA Estimated Time: NA Topic: Agreement Between the City of Meridian and Adler/Grand Jr for Use of Reclaimed Water for Landscape Irrigation at the FedEx/Amazon Buildings on Franklin Rd. Recommended Council Action: Move to authorize the Mayor to sign the Reclaimed Water User Agreement. Background: The FedEx and Amazon buildings exist within the City's current established reclaimed water service area. A reclaimed water service has been installed to feed these parcels with reclaimed water. The property owners desire to use the City's Reclaimed Water to irrigate landscaping. The City's Reclaimed Water Permit requires that a User's Agreement be developed between any user of the City's reclaimed water and the City. This agreement, negotiated between Adler AB Owner XI, LLC and Grand Jr, LLC and the City (Laurelei McVey, Public Works) is the standard City reclaimed water user agreement utilized by all current reclaimed water users that outlines roles and responsibilities related to the delivery and use of reclaimed water. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcvey0meridiancity.org, 208-985-1259. Page 648 ADA COUNTY RECORDER Phil McGrane 2022-001213 BOISE IDAHO Pgs=13 CHE FOWLER 01/05/2022 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clark City of Meridian 33,E.BroaduvayAvenue Meridian, ID 83642 RECYCLED WATER USER AGREEMENT This shared RECYCLED WATER USE AGREEMENT(this "Agreement")made this4th day of January 2022--- ,by and among,Grand Jr,LLC a limited liability company organized under the laws of the State of Idaho("User 1"),and Adler AB Owner XI,LLC a limited liability company organized under the laws of the State of Idaho("User 2"),and the and the City of Meridian,a municipal corporation organized under the laws of the state of Idaho("+City"). WHEREAS,User I presently owns Ada County parcel no. S 1211346840 (the"User 1 Parcel"); WHEREAS,User 2 presently owns Ada County parcel nos. S1211438440 and S1211347050 (collectively,the"User 2 Parcel"); WHEREAS,the User I and User 2 intend to construct and operate a jointly shared onsite private recycled water system in connection with landscape irrigation for the properties described on Exhibit A, attached hereto and trade a part hereof(the"Property");User I and User 2 may be referred to jointly as "Users"herein. WHEREAS,municipalities that typically discharge wastewater to the lower basin of the Boise River have been required by the Idaho Department of Environmental Quality("IDE(T')to reduce the discharge of nutrients to the louver basin ofthe Boise River, and as a partial response,City has identified, as one of City's environmentally-responsible Comprehensive Plan goals.the 'use of recycled water throughout City(the terms"Recycled", "Reclaimed", and"Reuse"may be used interchangeably,and all refer to the City's Class A Reclaimed Water); WHEREAS,City has worked to implement this Comprehensive Flan goal by establishing a state-of- the-art wastewater treatment and water reclamation facility; WHEREAS,IDEQ has issued a.Municipal Wastewater Reuse Permit,identified as Municipal Wastewater Reuse Permit No. -215-03 (the"Permit"), which allows City to use the City's recycled water and allows City to contract with other parties for the use of the City's recycled water WHEREAS,the City uses recycled water for land application option for Class A effluent at various locations as specified by allowable uses in the Permit,which will continue to conserve a significant amount of ground water and reduce City's discharge flows into surface waters; WHEREAS,City has constructed and operates a delivery system capable of delivering to User recycled water meeting the quality standards set forth herein. NOW,THEREFORE,for and in consideration of the recitals above which are incorporated below, the mutual covenants set forth herein,as well as in consideration of continued receipt of recycled water and in further consideration of such other values as may inure to City and User from the delivery and use of recycled water,City hereby agrees to deliver and User hereby agrees to receive recycled water on the fallowing tears and conditions. RECYCLED WATER.USER AUREEMEN`r PAGE I OF 13 Page 547 ' Item#24. 1. System Ownership. City shall deliver the recycled water to the point of delivery also known as the point of connection(the"P.O.C."), which P.O.C. is located on that portion of the User 1 Parcel identified as parcel no. S1211346840 at the property line and depicted on Exhibit B. User 1 and User 2 are solely responsible for all reclaimed water infrastructure (pipes, appurtenances,valves,backflows,etc.), and all necessary maintenance,repair,and/or replacement thereof,downstream(on the Users' side)of the P.O.C. The City is responsible only for the reclaimed water meter and meter pit located after the P.O.C. on parcel no. S1211346840. Upon Users' payment of all applicable fees for installation of the reclaimed meter,the City shall install,own,maintain, and repair this meter, as may be necessary in City's sole discretion. Because the meter and meter pit lie on User 1's parcel,User 1 shall,and hereby does, grant any necessary access to the City for operation,maintenance, and repair of the meter,at any time. 2. Compliance,Responsibilities. User 1 and User 2 shall,and hereby do, assume sole responsibility for, and shall take all necessary measures to maintain,full compliance with all regulatory requirements,this Recycled Water User Agreement,and IDEQ regulations, related to the delivery and use of recycled water as such may apply downstream (on the Users' side)of the P.O.C., and/or on parcel nos. S 1211346840, S 1211438440, and S 1211347050. User 1 shall serve as the primary point for contact for City and IDEQ for all regulatory matters related to recycled water delivery or use on the User 1 Parcel and/or the User 2 Parcel. User 1 and User 2 acknowledge that regulatory noncompliance on any of these parcels may result in termination of this Recycled Water User Agreement. 3. No Charge for Recycled Water. The cost to be paid by User for recycled water delivered by City as provided further herein shall be $0.00(zero dollars). Whenever recycled water is utilized by the User and then returned to the sanitary sewer(examples; toilet flushing,car wash,etc.),the User will be charged the standard City rates for sewer use for that volume of water. User acknowledges that City may,in the future, adopt a commodity rate for recycled water,which rate shall apply to User. In the event that City adopts a commodity rate for recycled water this agreement will be void. 4. Quality Standards. The recycled water delivered by City to User shall meet IDEQ standards set for Class A Municipal Water. User shall not be obligated to accept recycled water from City that does not meet this standard. 5. Place of Use. Recycled water delivered under this Agreement shall be used only on the Property, as described in this agreement. 6. Use. The recycled water delivered pursuant to this Agreement shall be used solely for the following purpose: landscape irrigation. No other use of the recycled water shall be permitted. 7. Backflow Prevention. If a non-potable or potable,supplemental water source is interconnected with City's recycled water system,reduced pressure backflow prevention assemblies shall be installed, at the sole expense of the User, on both the other irrigation water source and the Class A source to prevent any cross connections between the recycled water and the supplemental water source. All backflow prevention assemblies shall be approved by City prior to installation, and tested on an annual basis. User is responsible for the maintenance and annual testing of all such backflow prevention assemblies. City shall use all good faith efforts to notify User within one(1)day of City's inability to deliver to User recycled water and the reason therefor. 8. Metering,. User shall be required to meter the quantity of recycled water delivered to the Property for each type of use. The meter shall meet standard City specifications and shall be accessible to City. The cost of the meter installation shall be the sole responsibility of the User. RECYCLED WATER USER AGREEMENT PAGE 2 OF 13 Page 650 Item#24. 9. Ouantit),and Schedule. The City's recycled water production is limited due to production and pumping capacities. In order to maximize the City's production ability,the Users agrees to restrict water usage to the following period(s): . Water may be used for landscape irrigation only from March 15th-October 31 st each year. Currently no time of day restrictions on use apply; however,the City may implement such restrictions as may be needed to ensure capacity and pressure for all users, at any time_ In the event of a shortage of recycled water available, priority in delivery shall be given to City owned sites. The period of use can change upon seven(7)days' notice from the City.The City reserves the right to additionally restrict use quantities. 10. Compliance with Regulations. User agrees to comply, at User's sole cost and expense,with all state, federal and local laws,regulations and standards,as now exist, or are later lawfully enacted,relating to the use of recycled water after City's delivery of recycled water to the Property.City agrees to comply, at its sole cost and expense,with all state,federal and local laws,regulations and standards, as now exist, or are later lawfully enacted,relating to the recycled water system and the treatment,delivery and use of recycled water prior to City's delivery of recycled water to the Property. Such laws,regulations,and standards may include, but are not limited to:requirements and restrictions governing use of the recycled water, limits on recycled water contact with employees, guests,members of the public and adjoining properties, control of access to the recycled water, the recycled water system,and the area of recycled water storage and use, and warning signs on the delivery system and the area of use. The User agrees to follow all policies,procedures, and specifications outlined in the most current version of the Reclaimed Water User Manual provided to the user.The User will ensure no runoff or ponding resulting from use of recycled water on their site.The User agrees to provide the Reclaimed Water User's Manual to any person working on or around the reclaimed system.The User will install and maintain all reclaimed infrastructure beyond the point of delivery according to guidelines established in the Permit, including: All exposed and above ground piping, risers,fittings, pumps, and valves shall be purple in color(Pantone 512, 522 or other approved equivalent); all piping shall be purple in color(Pantone 512, 522 or other approved equivalent)and identified using an accepted means of labeling.User shall install signs on the Property in connection with use of the recycled water. Warning signs and labels shall read, in both English and Spanish, "Caution: Recycled Water—Do Not Drink;Agua Reclamada-No Beber"or equivalent. Example signage is included in Exhibit C. 11. Commencement of Service. User agrees to give City fifteen (15) days' notice prior to the first tune service is initiated under this Agreement. 12. Term:. The term of this Agreement shall be coterminous with the term of the Permit and any renewal or replacement thereof,unless earlier terminated by either Party. 13. Resale of Reeveled Water. Users shall not resell recycled water delivered by City under this Agreement. 14. Approval. The parties hereto acknowledge that, under existing and proposed regulations,this Agreement has been generally approved as to form by DEQ. The parties hereby agree to modify this Agreement in writing to the extent that such amendment is reasonably necessary in order to comply with DEQ requirements or regulations promulgated by DEQ. 15. I_nspection. Users acknowledge and agree that in order to verify compliance with this Agreement or with applicable laws and regulations,City, State, or other agencies with appropriate jurisdiction may inspect the recycled water system at the Property,with notice, at a reasonable time annually, or without notice in emergency situations or where necessary to ensure compliance. RECYCLED WATER USER AGREEMENT PAGE 3 of 13 Page 651 Item#24. 16. Approvals and Notifications. Users specifically acknowledge that it has the responsibility to inform, notify,and/or request inspection and approvals from various agencies, including the City's Building Department, for certain activities relating to the construction,maintenance, and operation of the recycled water system on the Property, including, but not limited to: materials; construction;facility testing; violations; and emergency situations. 17. Termination: cure. Users may terminate this Agreement at any time for no cause with ten(10)days written notice to City. Notwithstanding the foregoing,the parties further agree that if City or User believe that grounds for termination occur as a result of a default,the defaulting party shall have thirty(30)days after mailing of notice of such default to correct the same prior to the non-defaulting party's seeking of any remedy provided for herein; provided,however,that in the case of any such default which cannot with diligence be cured within such thirty(30)day period, if the defaulting party shall commence to cure the same within such thirty(30)day period and thereafter shall continue efforts to cure with diligence and continuity, then the time within which such may be cured shall be extended for such period as may be necessary to complete the cure with diligence and continuity. If the defaulting party fails to cure or make efforts to cure the default as set forth herein,this Agreement may be terminated by either parry upon sixty(60)days' written notice. Grounds for termination shall include: a. Either parry's failure to comply with any provision of the Manual; b. Either party's default or violation of any provision of this Agreement; c. Either party's failure to comply with the Permit; d. The purpose(s)for the use of recycled water,as described in this Agreement, no longer exist;or e. Changes in DEQ permitting or other regulatory requirements make continued operation of City's recycled water system a nonviable option. 19, Reclaimed Water Users' Manual. Where there is a conflict between this Agreement and the Manual, the provisions of the Manual shall apply. The User is responsible for awareness of,and compliance with, all requirements of the Manual and all IDEQ regulations. 20. Mutual Cooperation_ . City and User shall mutually cooperate and expeditiously perform all acts necessary or appropriate to discharge all obligations contained in or contemplated by this Agreement,and with respect to any other matters that may arise in connection with the Property and/or the recycled water and recycled water system not reasonably foreseeable by User or City as of the date of this Agreement. 21. Miscellaneous. (a) Notices. Any notice required to be given hereunder shall be in writing and shall be deemed effectively given: (1)upon personal delivery to the party to be notified;(2)when sent by confirmed electronic mail(i.e.,e-mail); or(c)upon deposit in the U.S. mail.All communications shall be to the respective parties to this Agreement at the following addresses: City; Deputy Director Utility Operations 3401 N Ten Mile Rd,Meridian ID 83646 E-mail:lmcvey@meridiancity.org User 1: Gregg Olsen,Grand Jr, LLC 485 Grandview Dr, Twin Falls ID 83301 Email: greggo.73@gmail.com User 2: Michael S.Adler/Adler AB Owner XI, LLC 8665 W Emerald Street, Suite 200,Boise ID 83704 RECYCLED WATER USER AGREEMENT PAGE 4 OF 13 Page 652 Item#24. Email: adler@adler-industriai.com (b) 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. (c) Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions and understandings between User and City relative to the subject matter hereof, and there are no promises, agreements,conditions or understanding, either oral or written, express or implied, between User and City,other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. (d) Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives,including City's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. (e) Invalid Provisions. If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. (f) Compatibility. This Agreement is intended to be supplemental to all other local, City, State and Federal Code requirements,rules and regulations,and is established to assure compatibility of the resulting land use with the surrounding area. Provided,however,that to the extent this Agreement conflicts with any provision of the Meridian City Code, other than a future duly adopted Amendment to Meridian City Code in connection with a commodity rate for recycled water,this Agreement shall prevail to the extent permitted by law. (g) Relationship of the Parties. It is hereby specifically understood and acknowledged that development of the Property is a private project and that neither City nor User will be deemed to be the agent of the other for any purpose whatsoever. (h) Excusable Non-Performance. In the event of an Act of God, natural catastrophe,war, civil insurrection, accidents, acts of governmental or judicial bodies other than City,or any unexpected occurrences beyond the control of either party which shall materially interfere with the ability of City to deliver recycled water to User, or the ability of User to accept,transmit or distribute recycled water, the failure of either party to perform its obligation under this Agreement shall be excused so long as the condition interfering with performance continues. The maintenance and operation of City's sewer system and of the Meridian Wastewater Treatment Plant shall be solely within the discretion of City;and in the event City discontinues the treatment plant operation and the treatment plant is not replaced by another plant,all obligations of either party to perform shall cease without prejudice to any claimed or asserted rights of either party existing prior to the execution of this Agreement. (i) Attorneys' Fees. Should any litigation be commenced between the parties hereto concerning this Agreement,court costs and reasonable attorneys' fees shall be determined and awarded by a RECYCLED WATER USER AGREEMENT PAGE 5 OF 13 Page 653 Item#24. Court of competent jurisdiction as allowed by law. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 0) Remedies Cumulative. All remedies herein are cumulative and,to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately,at the sole discretion of City and/or User, (k) Governing Law. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District Court of the 4th Judicial District of the State of Idaho,Ada County, or in the United States District Court for the District of Idaho. (1) Waiver. Waiver by City or User of any breach of any term,covenant or condition shall not be deemed to be a waiver of that term,covenant or condition on any subsequent breach of such term, covenant or condition or any other term, covenant or condition. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or User unless the waiver is in writing by City or User. (m) Counterparts. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signature Pages Follows] RECYCLED WATER USER AGREEMENT PAGE 6 of 13 Page 654 Item#24. IN WITNESS WHEREON,the parties hereto have duly approved and executed this Recycled Water Use Agreement as of the date first written above. USER 1: Grand Jr, LLC. STATE OF IDAHO ) ) ss: County of—itAn nkA 1.15 ) inn �Y I HEREBY CERTIFY that on this l�J day of Lys before the undersigned,a Notary Public in the State of Idaho, personally appeared Gregg Olsen,proven to me to Gregg Olse , err be the person who executed the said instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and + affixed my official seal,the day and year in this certificate first above itten TRIS ODRIIGc EZ NOTSTATE OF IDAHO N tary P blic for daho Comm.No.20204817 Residing at T�n�? C, OLLA il Idaho My Commission Expires: i 2'Q Z• Z,[p USER 2: Adler AB Owner XI, LLC STATE OF IDAHO ) ss: County of ArO(-O— ) I HEREBY CERTIFY that on this__ _,day of �- before the undersigned,a Notary Public in the State of Idaho, personally appeared Michael S. Adler,proven to me to Mic ael .Adler,President be the person who executed the said instrument,and acknowledged to the that he executed the same. `,,,,,t�►111iCI ��i IN WITNESS WHEREOF, I have hereunto set my hand and affixedw my official cial seal,the day and year in this certificate first p�Q� Vol, above _ my %ON EXPIRES&42027 Notary Public for Idaho s a w �� ••' Ol=�p4' '., ` Residing at'610Io W &t1 t ,Idaho My Commission Expires: RECYCLED WATER USER AGREEMENT PAGE 7 OF 13 Page 655 Item#24. CITY OF MERIDIAN: IDIAN, BY: Attest SEAL Robert E. Sin 'son,Mayor 1-4-2022 Chris Johnson, Cit�berk 1- STATE OF IDAHO : ss County of Ada I HEREBY CERTIFY that on this-4th day of--January 2022before the undersigned, personally appeared ROBERT E. SIMISON and CHIRS JOHNSON,known or identified to me to be the Mayor and City Clerk, respectively, Of the City of Meridian, who executed the instrument on behalf of the City of Meridian,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea]the day and year in this certificate first abov written. CHARLENE WAY L)ia&ycW COMMISSION#67390 Notary Public for Idaho NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128122 Residing at Idaho My Commission Expires: 3-28-2022 Schedule of Exhibits: Exhibit A Legal Description of the Property Exhibit B Site Plan Depicting Point of Delivery of Recycled Water Exhibit C Recycled Water Signage Text Example and Location RECYCLED WATER USER AGREEMENT PAGE 8 OF 13 Item#24. EXHIBIT Legal Description of the Property User I Parcel: Parcel: S 1211346840 Primary Owner: GRAND JR LLC Zone Code: I-L Total Acres: 14.810 Tax Code Area: 03 Instrument Number: 2019129144 Property Description: PAR#6840 a S SIDE SW4 SEC 11 3N 1 W #346835S Address: 2700 W FRED SMITH ST MERIDIAN, ID 83642 Subdivision: 3N 1 W 11 Land Group Type: SECT Township/Range/Section: 3N 1 W 11 - t'I .Gb14 ....ter. _ RECYCLED WATER USER AGREEMENT PAGE 9 OF 13 Page 657 Item#24. User 2 Parcels: Parcel: S 121143 8440 Primary Owner: ADLER AB OWNER XI LLC Zone Code: 1-L Total Acres: 2.124 Tax Code Area: 03 Instrument Number: 2020131557 Property Description: PAR#8440 POR SW4SE4 SEC 11 3N 1 W ROS 12535 #438400-B Address: 2340 W FRANKLIN RD MERIDIAN, ID 83642 Subdivision: 3N 1 W 11 Land Group Type: SECT Township/Range/Section: 3N 1 W I 6 r o 1 ;�F 3 T ` {'-r�r RECYCLED WATER USER AGREEMENT PAGE 10 of 13 Page 658 Item#24. Parcel: S1211347050 Primary Owner: ADLER AB OWNER XI LLC Zone Code: I-L Total Acres: 36.06 Tax Code Area: 03 Property Description: PAR#7050 POR S2 SEC 11 3N 1 W ROS 12535 #346757-S #347010-S #438420-C Address: W FRANKLIN RD MERIDIAN, ID 83642 Subdivision: 3N 1 W I 1 Land Group Type: SECT Township/Range/Section: 3NI W I I hit tli t --- m•. r -- - - - Y f 4� +:z j '� f _ 1 t ..._f { M it 1 ` �, S� �.•�'` i ; i0 WA - ( Y :may 7t ANN f IF 't-3�� sl s 10 1 RECYCLED WATER USER AGREEMENT PAGE. I I OF 13 Page 659 Item#24. EXHIBIrT B Site Plan Depicting Point of Delivery of Recycled Water 1 c Lf7h�.TK 7.T"thiG�eN rJ !r-L QD..n M�a fObo d9 nS wwcr.vwne�x�a� 2a� L E�Qps R I tz 12 esaom :.isan_a 7513P7 W Fred Smith St r w S Ig z uI wooa j�. a taeaca X74iTJ R yry q1 2 7468i� 1212 m C� —, 12aa]a —W Fran 'fro 4. 13171 .�.1�., 12 ua eoz RECYCLED WATER USER AGREEMENT PAGE 12 of 13 Page 660 Item#24. EXHIBIT C Recycled Water signage is required to be installed on all logical points of entry (sidewalk entrances) around facilities and property where reclaimed wafter is used. The example signage below can be utilized in its entirety as is or modified as long as it contains the required information as stated in this agreement. If the User decides to modify this signage, it is recommended that they submit the design to the City to ensure the design is compliant with the requirements of this agreement prior to installation. Conserving Idaho's Woler CAUTION IRRIGATED WITH RECLAIMED WATER DO NOT DRINK A13UA RECLAMADA--NO 6EBER �Q�E iDIAN� RECYCLED WATER USER AGREEMENT PAGE 13 OF 13 Page 661 Item#25. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Sole Source Purchase Contract for G&W Insulated Pad Mounted Switch Gear and Associated Parts for the Not-To-Exceed Amount of$205,508.00 and Authorize the Procurement Manager to Sign LEI Item#25. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 12/28/2021 Presenter: N/A Estimated Time: N/A Topic: Approval of Sole Source Purchase Contract for G&W Insulated Pad Mounted Switch Gear and associated parts for the Not-To-Exceed amount of$205,508.00 and authorize the Procurement Manager to sign. Recommended Council Action: Approval of Sole Source Purchase Contract for G&W Switch Gear and associated parts. Background: This contract is the result of Council approved sole source and input from City's Legal Department. Page 663 Item#25. AGREEMENT FOR THE SUPPLY OF SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH PROJECT #10751.K THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 14t"--day of December, 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 G&W Electric Company, hereinafter referred to as "SUPPLIER", whose business address is 305.W. Crossroads Pkway, Bolingbrook, IL 60440. INTRODUCTION Whereas, the City has a need for Switchgear ; and WHEREAS, the SUPPLIER is specially trained, experienced and competent to provide and has agreed to provide such equipment; 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, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items as specified in this Agreement. 1 .2 The SUPPLIER shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. 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. Delivery shall take place according to the milestone schedule (Attachment B). SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH - page 1 of 12 G&W ELECTRIC COMPANY Page 664 Item#25. 2. Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not-To-Exceed amount of $205,508.00. 2.2 The SUPPLIER shall provide the City with a detailed invoice upon shipment of all equipment and supplies, which the City will pay within 30 days of receipt of equipment, a correct invoice and approval by the City Project Manager. 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. 2.4 Invoices shall be rendered in duplicate and shall include: (1) Purchase Order number; (2) pricing; (3) quantity; (4) description; (5) point of shipment; (6) method and class of shipment; and (7) complete routing of shipment. Seller/Contractor/Contractor agrees to make a separate invoice for each order and shipment. Unless otherwise expressly provided in the Purchase Order, all taxes, duties, tolls, fees, import charges, or other governmental exactions shall be deemed included in the purchase price of the supplies and services and the City shall have no liability to pay Seller/Contractor/Contractor or any third party any amount in excess of the specified purchase price. City of Meridian, a local governmental entity of the State of Idaho, is exempt from any Federal Manufacturer's Excise Tax under the provision of Section 4221(a)(4) of the Internal Revenue Code. All invoices shall exclude such excise tax. All invoices shall be sent to the following address: City of Meridian, Accounts Payable, 33. East Broadway Ave., Meridian, Idaho 83642. 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, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH - page 2 of 12 G&W ELECTRIC COMPANY Page 665 Item#25. 3.2 Should SUPPLIER default in the performance of this Agreement or materially breach any of its provisions, and fail to remedy within thirty (30) days of written notice, 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. 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. 4.2 Notwithstanding the above, but subject to Section 6, SUPPLIER shall not be relieved of liability to the CITY for direct 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 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 SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH - page 3 of 12 G&W ELECTRIC COMPANY Page 666 Item#25. 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 and to the extent of, 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 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, the performance of this Agreement by the SUPPLIER or SUPPLIER's officers, employs, agents, representatives or subSUPPLIERs and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property. 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. Neither Party shall be liable hereunder for consequential or punitive damages (including lost profits or savings) even if it has been advised of their possible existence. 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. SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH - page 4 of 12 G&W ELECTRIC COMPANY Page 667 Item#25. 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. 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. 6.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed against defects in workmanship and materials for 24 months from date of the notice of acceptance. 8. 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: City of Meridian G&W Electric Company Purchasing Manager Vaidyanathan Ramasethu, Application Engineer 33 E. Broadway Avenue 305 W. Crossroads Pkway Meridian, Idaho 83642 Bolingbrook, IL, 60440 Ph. (208) 489-0417 Ph. (708) 297-0913 Email: kwatts@meridiancity.org 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: Each party to be responsible for their own legal expenses. 10. 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 SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH - page 5 of 12 G&W ELECTRIC COMPANY Page 668 Item#25. rights under this Agreement except upon the prior express written consent of CITY. 11 . 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. 12. Reports and Information: 12.1 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 information as the CITY may request pertaining to matters covered by this Agreement. 12.2 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. 13. Audits and Inspections: Subject to applicable laws respecting the protection of privacy and the City's requirement to comply with the Idaho Public Records Act, Buyer or its representative shall at reasonable times have access to the premises, materials, instructions, working papers, plans, drawings and specifications payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement pertaining to the Work. Subject to the Idaho Public Records Act, Buyer or Representative have no access to Seller's financial records. 14. 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. 15. 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. 16. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of SUPPLIER'S compensation, which are mutually agreed upon by and between the CITY and SUPPLIER, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH - page 6 of 12 G&W ELECTRIC COMPANY Page 669 Item#25. 17. 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. 18. 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 be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. 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. 20. 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. 21. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN G&W ELECTRIC COMPANY Digitally signed by Kanwal Gill Date:2021.12.15 16:00:52 BY: -06'00' KEITH WATTS, Procurement Manager BY: Kanwal Gill Dated: 01-04-2022 Dated: 12/15/2021 Approved by City Council: 1-4-2022 Project Manager Tyson Glock SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH — page 7 of 12 G&W ELECTRIC COMPANY Page 668 Item#25. Attachment A SCOPE OF WORK Item 1: 151kV,95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS31- 376-12-7FAVU Switch Designation:WD19 Quantity: 1 Way 1: • Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak. • 20 kA asym. momentary, and close-into-fault rating. • 200A Bushing Wells per IEEE 386 interface 3 Ways 2 and 3: • Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak. • 12.5kA sym. maximum interrupting rating • 500:1 internally mounted current transformers to provide field selectable trip levels from 15-300 A • Type 3 PLUS Vacuum Interrupter Control housed in a NEMA 6P enclosure • 200A Bushing Wells per IEEE 386 interface 3 Standard Features: • Front Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray(ANSI 70) • Mild steel frame • Parking stands for all bushings • 12 gauge galvanized steel padmount enclosure with 24" cable compartment. Meets ANSI C37.72 &C57.12.28 standards • Enclosure painted Padmount Guardian Green, Munsell #7.OGY3.29/1.5 • 24" minimum bushing height • %"-13 NC grounding provisions • Padlockable operating mechanism—padlocks are not included • 3" diameter circular viewing windows to verify OPEN/CLOSED indicator position. • Green/OPEN—Red/CLOSED labeling Additional Features: • Capacitively coupled voltage sensors included on way 1 bushings wired to a Voltage Indication Panel • All ways are equipped with quantity Two auxiliary Form C contacts wired to a junction box for customer use SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH — page 8 Of 12 G&W ELECTRIC COMPANY Page 671 Item#25. • Visible Break Mechanism is equipped with quantity One auxiliary Form C contacts wired to a junction box for customer use • Switch is equipped with a NEMA 6P junction box for customer connections. • Junction box includes:Two (2) 20 point terminal strips an takes in auxiliary contact cables from all ways.The junction box also includes provisions for customer wired Fault Circuit indicators • Single Barrel Keylock to lock in Open position on way 1- (new keylock stamping) • Keylock will need to coordinate with four (4) Key • Vacuum Interrupter Control laptop programming kit included Applicable Industry Standards: Load Break Switch Ratings: IEEE C37.74 Fault Interrupter Ratings: IEEE C37.60 Bushings: IEEE 386 Padmount Enclosure: IEEE C57.12.28 Item 2: 15kV,95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS42- 376-12-9FAVU Switch Designation:WD20&Spare Quantity: 2 Ways 1 and 2: • Three Phase epoxy encapsulated load break switch with integral visible break switch • 630 Amps continuous and loadbreak. • 20 kA asym. momentary, and close-into-fault rating. • 200A Bushing Wells per IEEE 386 interface 3 Ways 3 and 4: • Three Phase epoxy encapsulated fault interrupter switch with integral visible break switch • 630 Amps continuous and loadbreak. • 12.5kA sym. maximum interrupting rating • 500:1 internally mounted current transformers to provide field selectable trip levels from 15-300 A • Type 3 PLUS Vacuum Interrupter Control housed in a NEMA 6P enclosure • 200A Bushing Wells per IEEE 386 interface 3 Standard Features: • Front Access to switch operators and bushings • Welded stainless steel mechanism cover painted light gray(ANSI 70) • Mild steel frame • Parking stands for all bushings • 12 gauge galvanized steel padmount enclosure with 24" cable compartment. Meets ANSI C37.72 &C57.12.28 standards SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH — page 9 Of 12 G&W ELECTRIC COMPANY Page 672 Item#25. • Enclosure painted Padmount Guardian Green, Munsell #7.OGY3.29/1.5 • 24" minimum bushing height • %"-13 NC grounding provisions • Padlockable operating mechanism—padlocks are not included • 3" diameter circular viewing windows to verify OPEN/CLOSED indicator position. • Green/OPEN—Red/CLOSED labeling Additional Features: • Capacitively coupled voltage sensors included on ways 1 and 2 bushings wired to a Voltage Indication Panel • All ways are equipped with quantity one auxiliary Form C contacts wired to a junction box for customer use • Visible Break Mechanism is equipped with quantity One auxiliary Form C contacts wired to a junction box for customer use • Switch is equipped with a NEMA 6P junction box for customer connections. • Junction box includes:Two (2) 20 point terminal strips an takes in auxiliary contact cables from all ways.The junction box also includes provisions for customer wired Fault Circuit indicators • Single Barrel Keylock to lock in Open position on way 2 (Keylock to match key in the field—Key Stamping: 63330) • Vacuum Interrupter Control laptop programming kit included • SEL 3CRV06001RA3 faulted circuit indicators for use on way 1 and 2 Applicable Industry Standards: Load Break Switch Ratings: IEEE C37.74 Fault Interrupter Ratings: IEEE C37.60 Bushings: IEEE 386 Padmount Enclosure: IEEE C57.12.28 Item 3: Four(4) Key Type T Transfer Block for WD5 and WD6 Quantity: 2 • Four Key Type T Transfer Block to field install (installation provided by other) on switch WD5 and WD6 o Type T Transfer Block to utilize A B and C keylock stamping from the field as well new Key"D"from Item 1. Clarifications/ Exceptions: • Elbows and rubber goods to be provided by other • Section 1.01.13 & 2.05.0—4 Key Transfer Block to be field installed SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH — page 10 Of 12 G&W ELECTRIC COMPANY Page 673 Item#25. • Section 1.05 Action Submittals-G&W to provide Switchgear Drawings, Product Catalog,Test Reports, Paint Coating System, Switchgear Production Tests, Switchgear GWI • Section 1.07.7 Closeout Submittal—Local Representative (Associated Representative)to be contacted in case of questions for G&W Switchgear • Section 2.07 Manufactures Services—Kirk Key for Item 1 and 2 will be Installed from the factory. For Item 3,The transfer block is to be installed by the customer. SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH — page 11 Of 12 G&W ELECTRIC COMPANY Page 674 Item#25. Attachment B MILESTONE / PAYMENT SCHEDULE MILESTONE SCHEDULE Milestone 1 Submission of Submittal Drawings 6 Weeks from Contract Approval Milestone 2 Wiring Diagrams 6 Weeks from Contract Approval Milestone 3 Equipment Delivery TBD Milestone 4 Start-up & Commissioning TBD PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals FOB City of Meridian WRRF. EXTENDED ITEM DESCRIPTION QNTY UNIT PRICE PRICE 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog 1 No. PLS31-376-12-7FAVU 1 EA $58,088 $58,088.00 Switch Designation: WD19 15kV, 95 kV BIL Solid Dielectric Insulated Padmount Switch, Catalog No. PLS42-376-12- 2 9FAVU 2 EA $69,620 $139,240.00 Switch Designation: W D20 & Spare 3 Four (4) Key Type T Transfer Block for 2 EA $865 $1 ,730.00 W D5 and W D6 4 Start-up & Commissioning Support 1 EA $6,450 $6,450.00 CONTRACT TOTAL $205,508.00 Total cost to include all labor, material, equipment, freight, bonds, insurance, travel, lodging, incidental, and applicable taxes SOLID DIELECTRIC INSULATED PAD-MOUNTED SWITCH — page 12 of 12 G&W ELECTRIC COMPANY Page 675 Item#26. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 22-2304: A Resolution Declaring the Intent of the City of Meridian to Convey to the Ada County Highway District for Right of Way Purposes a Portion of Certain Real Property Located at Discovery Park Off of E. Lake Hazel Rd. Approximately 1.66 Acres; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Conveyance; and Providing an Effective Date Page 676 Item#26. CITY OF MERIDIAN RESOLUTION NO. 22-2304 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES A PORTION OF CERTAIN REAL PROPERTY LOCATED AT DISCOVERY PARK OFF OF E. LAKE HAZEL ROAD, APPROXIMATELY 1.66 ACRES; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of approximately 1.66 acres of certain real property from the City to the District for right-of-way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located at Discovery Park off of E. Lake Hazel Road, as legally described in the attached Exhibit A and depicted in the attached Exhibit B. Page 677 Item#26. Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. Section 3. That the City Clerk is hereby instructed to publish a summary for this declaration of intent, and establish a public hearing date to review the proposal to convey the real property in the form set forth in Exhibit C. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. 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 41h day of January, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 4th day of January, 2022. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk 1-4-2022 Page 676 ttem#2s. Exhibit A - Legal Description Legal Description Discovery Park Site City of Meridian Right-Of-Way Dedication A parcel being located in the E %of the NW'/d of Section 5, Township 2 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of the NW%4(N %corner) of said Section 5,from which a Brass Cap monument marking the northwest corner of said Section 5 bears N 89°5743"W a distance of 2663.79 feet; Thence S 0°01'18"W along the east boundary of said NW'/4 a distance of 500.00 feet to a point marking the northeast corner of the Permanent Easement as shown in Instrument No. 2018-053318, Ada County Records,and the POINT OF BEGINNING; Thence continuing along said boundary and the easterly boundary of said Permanent Easement S 0*01'18"W a distance of 1372.46 feet to a point; Thence leaving said boundaries N 89°58'42"W a distance of 67.00 feet to a point; Thence N 0*01'18"E a distance of 143.60 feet to a point; Thence N 89'58'42"W a distance of 8.00 feet to a point; Thence N 0*01'18"E a distance of 80.81 feet to a point; Thence S 89°58'42"E a distance of 3.00 feet to a point; Thence N 0*01'18" E a distance of 98.71 feet to a point; Thence N 5'28'36" E a distance of 168.32 feet to a point on a curve; Thence a distance of 135.80 feet along the arc of a 1038.50 foot radius non-tangent curve right,said curve having a central angle of 7°29'32"and a long chord bearing N 3'51'38"E a distance of 135.70 feet to a point of reverse curvature; Thence a distance of 45.22 feet along the arc of a 961.50 foot radius curve left, said curve having a central angle of 2*41'41"and a long chord bearing N 6°15'34" E a distance of 45.22 feet to a point on the westerly boundary of said Permanent Easement; Thence N 0001'18"W a distance of 701.44 feet to a point; Thence S 89058'22" E a distance of 42.00 feet to the POINT OF BEGINNING. Said parcel contains 72,131 square feet(1.66 acres)more or less and `oNPL LA No sG is subject to any easements existing or in use. �� S T Eq o m Clinton W. Hansen, PLS °- 1 1 1 1r 8 X Land Solutions, PC c, CP�Z� December 1, 2021 TON W Discovery Park Lgnd olti runs Meridian ROW Gedication Lam— -und Surveylrrg one Conw+unq Job No.19-114 Page 1 of i Page 679 Exhibit B - Map Item#26. DISCOVERY PARK SITE CITY OF MERIDIAN RIGHT-OF-WAY DEDICATION LOCATED IN THE E 112 OF THE NW 114 OF SECTION 5, T.2N., R.1 E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO BASIS OF BEARING 32 33 31 32 N89'57'43"W 2663,79' 1/4 32 S89'5&'49'E 2659,20' 8 5 W. LAKE HAZEL ROAD- — - 5 f 5 4 o w F % •' ti cn - c o v o CDS89'58'22"E c' cri 42.00' POINT OF BEGINNING I 1 �2' 1 I I 4+1 I in I i �1 I CD I zl I I I I I-� I Iv 04 I I� Ui I3 _I Z31fnlo l IV) A c� cv�I al S89'58'42"E N0'01'18"E 80.81'J'1 �� _ N89 58'42"W 8.00 - `ONpL LAivD N0'01'18°Esl I /. 5 S TER 143.60' 01 150' 300' 600, 67.00' o N8958'42'W a 8 o �f�TE o CURVE TABLE �I�N w.H� CURVE # LENGTH RADIUS DELTA BEARING CHORD La� 46 1 uti o n s C1 135.80' 1038.50' 7'29'32" N3'51'38"E 135.70' Land Surveying and Consulting 231 E STH ST-STE A C2 45.22' 961.50' 2'41'41" N815'34"E 45.22' MERIDIAN.to&WA2 (208)288.2040 (208)283.255T fax w Jandsolutnns 61z 'o5 nC Page 680 Item#26. Exhibit C - Legal Notice for Publication SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 4th day of January, 2022, the City Council of the City of Meridian approved Resolution No. 22-2304 declaring the intent of the City to convey to the Ada County Highway District approximately 1.66 acres of real property located at Discovery Park off of E. Lake Hazel Road. The City of Meridian intends to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday,January 2511, 2022 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office at 888-4433. Publish: 91' day of January, 2022 CHRIS JOHNSON, CITY CLERK Page 681 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. Item#27. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $121,500.00 to Replace Two Totaled Patrol Vehicles (Unit 111 and Unit 154) Page 682 Item#27. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: 1/4/2022 Presenter: Cpt. Colaianni Estimated Time: 10 Minutes Topic: FY2022 Budget Amendment to Replace two totaled Vehicles #'s 111 & 154 Recommended Council Action: Permission to spend $121,500 to replace vehicle #'s 111 & 154 Background: The two vehicles were totaled during suspect apprehension in August, the budget for FY2022 was too close to finalization at the time. The Patrol Vehicles need to be replaced to maintain correct number of vehicles to officers.F Page 683 Item#27. � 04 O E N a N rn m N h O Q ry t o ❑0 N N Ln N H -1 H N C) cli P I f6 N } r N Q ~ O y u FA El w 4 04 I^1 D E N O a to ' N H ¢ m a a ¢ o N ++ pQy W w E E ro ro h ate+ Z Z E .r, .°j. � a a t' p o m m a N ° c F m U- w � Q m <z o rCD W o o c E 17J � � Q� ❑ a E Kfi T a 3 E u _Q 4 jl 'a C ❑ C, 0 c Q � t�.� C❑J � ~ �] 0 m y o a0 c C Q Lr Lr N M d N r [\l 7 'a C _ � � N � N LL ; m c 0 N m a Q G C ° o° > Q a cu m a G ° bo - Y a ❑ 41 O N ❑ ❑ O ❑ G1 L Q 4 Q o ro a F Q a a v ax Q 3' E R D v -T a o C in u cl in O 48 © for v 6 � U y a > > N ro Ir V' 7N 7 C Lf y�j O L �Q�yy �S�pp2 �J a d o a a 0 0 o a o 0 0 0 0 o a 0 0 0 0 0 0 o p o o d 0 d d o 0 u n a` O1 1❑ n C7 H N fn m a s E N N N N O a 4t - n N N N fY1 a a a a G SM rA ¢ Q m 0 L) .0 C a-1 m � a a d a a a d a o a o ' a dad dd d d O d " N Q r-F W W 0. V N N N N N N N N N N N N N N N N N fl f�.F N N 0 N N N N N 4 d N N N hi y t7A ,� A GG7 p H H 4 W H H H rl F+ O a 0 O 0 00 d y a 4 4 4 d d d d d d d d a a a a a a' a s .�� O d O D [�9 U_ a LL C�! v LL. � � Page 682 T m 1216r2021 421 PM City of Meridian FY2022 Budget Amendment Form N V Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2022 2023 2024 2025 2026 Title: Replace two totaled patrol Units#111š Personnel $ - $ - $ - $ _ $ _ Instn c ct i on f r Sub mitts ng Budget AMP nd menu: Operating $ $ - $ >D"rtmeat vRll send Amendment with Directors Signature to finance(Budget Analyst)for review Capital $ 121,500 7 GFnance val.send Amendment to council[jaisao for signature Total $ - $ 121,500 $ $ $ - $ 7 council ua)son will send signed Amendrr*m to Mayor Total Estimated Project Cost: $ 121,500 7 Mayor will send signed Amendment to Finance(Budget Analyst] Evaluation Questions 7 Pi nano(Budget Analyst)wfll send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. 7 bepa rtment%vil add copy of Amendmerrc to eau nhl Agenda using M1fovus Agenda Manager 1. Describe what is being requested? Two replacement patrol vehicles 2. Why was this budget request nat submitted during the current fiscal year budget cycle? The vehicles were totaled during suspect apprehension in August,the budgetfor FY22 was too close to finalization at that time. 3. What is the explanation for not submitting,this budget request during the next fiscal ear budgetcycle? The patrol vehicles need replaced to maintain the correct number of vehicles to officers. 4.Describe the proposed method of funding? If funding is split between Funds(i.e..General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. General fund. *We received a total of$63,732 from ICRMP:$44,737 for the value of these two vehicles plus an additional$18,995 for Unit#158 that was also totaled in the incident but was already budgeted for replacement. 5.Does this request align with the Department/Gty's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. N❑ 7.Does this Amendment include any needed Eg ui ment or Software that will utilize the Ci 's network? Yes or N❑ N. S.Is the amendment ❑in to result in the disposal of an asset?(Yes or Noy Yes Any additional comments? All interior equipment from Unit#111 will transfer to the new vehicle because it was the same body style,resulting in a less costly replacement than Unit#154. Total Amendment Request $ 121,500 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended far emergency or mandatary changes to the original balanced budget. Changes to the original balanced budget may cause o funding shortfall. ca to rn 00 w of Meridian FY2022 8udget Amendment Form C:lUserslspechinTownloadslFY2022-Budget-Amendment-Form Item#27. c CLI a 'D E o n• E '� + cT c a O 6 a O a � N m C N m 029 a a s C o a - y u 13 L o a > (0 u a w u o v m o m m •i �. •v, 7, n a a > Q a -�y to T O O 7 c a '6 c am - - s O n. = m u �+ m m a m o E '> > O V �n L C C? O L N 9 Ln uLl C c D � •? O L , 'a3 N D 1L OQ cO y. E . i U n a o ;n M 3 a c w 3 a a f6 p O Q 3 a ° 3 c 3 .�o- a4 c 3 i a N c n m a 3 a w 'fl N m m O - L m C � C 7 a _ O w .V p Y N Y Y p _6 •p m m w co�: U' h 7 ro O C L O n "O 4i ro 13 y O a Q Qa N - `O O 0 Z3 E c 7"O O CL oN v o c a a c 00 o a m m u C GO O u O % E - m L a+ a C Y •a a �' O > a 7O > +' O > M E a - n o Z m a o_ a - c cU "6 m •poc D •Ca- 4Na a_ y oo •� Oa LO oO`7 O E N cli aU � ,O O 0 a cOma s] E u o o a paj m in y1 p Y ,FO a a mo - " - C O c u c u m c c c N N m @ m a O L m L O L ai O O Y O p n 1p 7 O Ln Ln a m �4 N p yr m a 7 .A N u :m Q O O CL m " ' n a s nib �c a s umi o � 5 m F � F m w -t 0 0 0 0 0 0 0 0 3 v�i v o 0 o rn o > c m La o 0 0 0 0 o m n o .a N W 00 O n N O h � a rV d DO 0" Ln 0 0 Ln O O Qi O > Q � a] Ol V C Ol C Ln 0 a a d � 11Lr ai M H a N r- n U d rn m Ln -4 to �ri h o 2 n Lo to 4`� A Cn i LA a � m in Ln • E s m 1 +n tocc vy v� to v> to Ln in v cn � cn +n tq �q * u t 0 0 0 0 0 0 0 w ai o Ln Lr)QJ 'i zr, Qy 'nrn n L O O L O M m m m m w _O w in 0 O w u Q ❑ U@ ' X U LU a E W a '.Uc o L a y L a W O > m O > m LL LL +L a V a N a c o c N - Crq t of L U a 1} ti0 'O 0 o a c o o m a c n R a m fl '� c x - `� w aCi L o y Y O .a E _ y O o Q o 3 C a a c-i o a o 3 c 3 c + c wLLa] m m L CG acr C c a am C o "y m O E j co o cE a a3 C N m Z E m �O u u �, > o Z E m 0 ° a` c�i u a• m clion O ..O O C O m N -V O .Q O a x C C1 0 •p a Y O 0 a p U m UD > m 0 V N 'c m a w y. M O - m 0 3 s a a p a C c O a a a u cu -p 7 C a +=• c Y G a a ++ O ] C a C tw �y M O. a }+ ro � o ro o o a m p m p o w cato m m a m U w Uu Dcc z Y uwuOwZZU u a z Y Page 686 Item#27. S6_G a I Audatex Autoso u rce I ) Market-Driven Valuation TM Administrative Data John Hiscox Claimant Intermountain Claims Insured Meridian Police#111 Boise.Branch Claim C-21-02114-14151 120 S.Cole Road Loss Date 08/07/2021 P.O. Box 4367 zip 83711 Loss Type Other Boise ID 83709 Policy Other VINSOURCE Analysis _ l VIN 1FM5K8AB9LGC01952 J Decodes as 2020 Ford Explorer Police Intercptr 4WD 4D Wagon Accuracy Decodes Correctly History Activity was reported o Autosource activity:(NONE). o Autotrak activity:(NONE). o Sales history activity:(NONE) Vehicle 5alva9eTitle Summary No Branded title history found for this VIN. Processed on 08/26/21 12:07 PM.Title History is powered by Experian AutoCheck.The Experian U, data contained in this report involves the conveyance of information provided to Experian by other AutoCheck sources.Accordingly, neither Experian nor Audatex can, or will, be an insurer or guarantor of the A pvt of Expep4an accuracy or reliability of the Experian data. Valuation Detail Comparable Vehicle Your Vehicle Adjustment Price Vinita, Ok $28,320 Odometer 21,309 Mi(Actual) 14,500 Mi(Actual) 445 Packages Charcoal Cloth Bucket Sea -40 Market Driven Value $28,725 General Sales Tax 6.0000% $1,723,50 Net Adjusted Market Value $30,448.60 Page 687 Item#27. 2020 Ford Explorer Police Ineereptr 4WD 4D Wagon Vehicle Description VIN: 1 FM5K8AB9LGCO1952 2020 Ford Explorer Police [ntercptr 4WD 40 Wagon 14,500 Miles Actual 6cyl Gasoline 3.3 10 Speed Auto Advantage Interior Air Conditioning Cruise Control Center Console Interior Cargo Tray Driver Information Sys Intermittent Wipers Lighted Entry System Floor Mats Overhead Console Pwr Accessory Outlet(s) Power Door Locks Power Windows Power Adjustable Pedals Power Drivers Seat Split Folding Rear Seat Velour/Cloth Seats Power Rear Window Tachometer Trip Computer Trunk/Cargo Organizer Tire Pressure Monitor Tilt Steering Wheel Exterior Bodyside Cladding Rear Window Defroster Black Exterior Trim Black Grille Heated Wiper Park LED Headiamp(s) Heated Rear Window Wiper Heated W/S Wiper Washers LED Brake Lights Power Mirrors Rem Trunk-LlGate Release Rear Window WiperlWasher Rear Lip Spoiler Sunvisor Steel Wheels Mechanical Electric Steering Dual Exhaust System Heavy Duty Battery Power Brakes Stability Cntrl Suspensn Full Size Spare Tire Safety Dual Airbags Anti-Lock Brakes Elect. Stability Control Head Airbags Knee Air Bags 2nd Row Head Airbags Rear View Camera Side Airbags Traction Control System Entertainment 1st Row LCD Monitor(s) MP3 Decoder AM/FM CD Player Strg Wheel Radio Control Trim Levels *Police (ntercptr "Indicates your trim level A detailed description of your vehicle was provided to Autosource by a trained appraiser. Contact Intermountain Claims if revisions are necessary. Vehicle Condition Seats Good Carpets Good IntTrim Good Glass Good Headliner Good Body Good Paint Good Ext Trim Good Engine Well Maintained Claim C-21-02114-14151 Request 56870822 Page 2 Page 688 Item#27. 2020 Ford Explorer Police Intercptr 4WD 40 Wagon Transmission Well Maintained Front Tires Good Rear Tires Good Valuation Notes - o Loss vehicle description was provided by Intermountain Claims o Adjustments of Special Note n An odometer adjustment of 6.50 cents per mile/kilometer has been applied. This adjustment is based on the vehicle year,vehicle category and market area.Odometer adjustments are capped at 40%of the vehicle's starting value. o Typical miles for this 2020 Ford Explorer in Idaho is 22,437. d No special adjustments were made for this vehicle. n All values are in U.S.dollars. o Autosource Valuation Process a Over 8,000,000 vehicles are entered weekly into the database used for researching this value. This database includes dealer inspected, dealer inventory,dealer advertised, phone verified and advertised private party vehicles. a The originating search area for this valuation was Meridian, Idaho. ri The market area expansion was authorized by Specialty Guidelines. o Other Adjustments or Comments a The tax was calculated based on a date of loss of 08/07/2021 using zip 83642, in Ada County, Idaho.The city may vary from search area to reflect correct tax location. Area Taxed Rate Total Tax%of Market Value Idaho $28,725 6.0000% $1,723.50 6.0000% Total Tax: $1,723.50 6.0000% Typical Condition Statement Odometer, equipment, trim level and condition must all be carefully considered on this vehicle. The vehicle's typical odometer and condition is based on comparison of dealer and private party vehicles of the same year, vehicle type and state/province. The average miles driven for this vehicle is 22,437. Numerous descriptions have been described within each condition sub-category rating and are separated by a period. Each description is meant to be independent, but can also be interpreted as an "and/or" statement. ,'Condition Description Seats Good No obvious damage. Very negligible wear visible on close inspection. Soiling removable with cleaning. No fading or discoloration. Carpets Good No obvious damage. Very negligible wear visible on close inspection. Soiling removable with cleaning. No fading or discoloration. IntThm Good No obvious damage. Very negligible wear visible on close inspection. Soiling removable with cleaning. No fading or discoloration. Glass Good No obvious damage. Numerous small pits. Light scratches visible on close inspection. Headliner Good No damage. Very negligible wear visible on close inspection. Soiling removable with cleaning.No fading or discoloration. Body Good No visible damage. 1-3 small dings possible on close inspection. Paint Good No obvious damage. 1-3 very small chips. 1-3 small scratches, no greater than 1 credit card in size, only noticeable on close inspection that can be polished out.Negligible swirl marks. Ext Trim Good No damage. No dents. No impact damage. Good shine on chrome or bumper covers. Color-keyed sections in good condition. 1-3 slight scratches or marks. Claim C-21-021 t4-14151 Request 56870822 Page 3 Page 689 Item#27. 2020 Ford Explorer Police lntercptr 4WD 4D Wagon 'Condition Description Engine Well Maintained Engine compartment generally clean. No obvious leaks. All accessories in good working condition. Recommended maintenance performed. Service records well documented. Transmission Well Maintained Transmission housing, transaxle, differential, transfer case areas generally clean. No obvious leaks. Recommended maintenance performed. Service records well documented. Front Tires Good Tires are in good condition.30-79%of tread remains. Rear Tires Good Tires are in good condition.30-79%of tread remains. Having a clean, well maintained vehicle will add to its market value Prior body damage, rust, extensive interior damage or mechanical problems will all decrease the market value of this vehicle. Comparable Vehicle Details The following information provides the details for the vehicle(s) used to calculate the Autosource Value. The selling price may be substantially less than the asking price. Where indicated, the asking price has been adjusted to account for typical negotiation according to each comparables price. 1 2020 Ford Explorer Police Intercptr 4WD 4D Wagon 1 FM5K8AB7LGA19439 $28,320 Stock##A19439. 21309 Miles. 6 Cylinder 3.3 Engine, 10 Speed Auto Advantage, Charcoal Cloth Bucket Sea,Anti-Lock Brakes,Air Conditioning, Bodyside Cladding, Black Grille, Black Exterior Trim, Cruise Control, AM/FM CD Player, Center Console, Interior Cargo Tray, Dual Airbags, Dual Exhaust System, Rear Window Defroster, Driver Information Sys, Power Drivers Seat, Elect, Stability Control, Electric Steering, Floor Mats, Full Size Spare Tire, Head Airbags, Heavy Duty Battery, Heated Wiper Park, Heated Rear Window Wiper, Heated WIS Wiper Washers, Intermittent Wipers, Knee Air Bags, 1st Row LCD Monitor(s), LED Brake Lights, LED Headlamp(s), Lighted Entry System, Manual Lumbar Adjustment, MP3 Decoder, Overhead Console, Pwr Accessory Outlet(s), Power Brakes, Power Door Locks, Power Mirrors, Power Rear Window, Power Windows, Power Adjustable Pedals, 2nd Row Head Airbags, Rear Lip Spoiler, Rem Trunk-L/Gate Release, Rear View Camera, Rear Window Wiper/Washer, Side Airbags, Stability Cnlrl Suspensn, Split Folding Rear Seat, Steel Wheels, Sunvisor, Strg Wheel Radio Control, Tachometer, Trip Computer, Trunk/Cargo Organizer, Traction Control System, Tire Pressure Monitor, Tilt Steering Wheel, Velour/Cloth Seats, Flex Fuel Option, Power Outlet. Offered for sale by Dealer in Vinita, OK, (918)944-3918.Vehicle information by Vast on 09/06/21. The advertised price of$29,500 was adjusted to account for typical negotiation($-1,180). Recall Bulletins Nat'l.Highway Traffic Safety Admin(US)has issued a total of 5 recall bulletins that may apply to this vehicle. NHTSA ■ Number 20V693000 Date Issued 11/10/20 Quantity Affected 10,905 Defect Ford Motor Company(Ford)is recalling certain 2020 Explorer and Lincoln Aviator vehicles equipped with a 2.OL or 3.3L engine and a 10 Speed Automatic Transmission with the All Wheel Drive package.The drive shaft may fracture along the weld seam. Remedy Ford will notify owners,and dealers will inspect the drive shaft label inspected and replace it as necessary, free of charge.The recall is expected to begin December 14, 2020.Owners may contact Ford customer service at 1-866-436-7332. Ford's number for this recall is 20S65. NHTSA ■ Number 20V730000 Date Issued 11/24/20 Quantity Affected 17 Defect Ford Motor Company(Ford)is recalling certain 2020 Explorer vehicles equipped with 2.3L engines and 19 gallon fuel tanks.The fuel tank inlet check valve may not be fully welded to the fuel tank shell. Claim C-21-02114-14151 Request 56870822 Page 4 Page 690 Item#27. 2020 Ford Fxplorer Police Intercptr 4WD 4D Wagon Remedy Ford will notify owners, and dealers will replace the fuel tank shell, free of charge.The recall began December 8, 2020.Owners may contact Ford customer service at 1-866-436-7332. Ford's number for this recall is 20S68. NHTSA ■ Number 20V788000 Date Issued 12/17/20 Quantity Affected 1,405 Defect Ford Motor Company(Ford)is recalling certain 2020-2021 Explorer and Lincoln Aviator vehicles. The right hand motor mount fasteners may have been incorrectly tightened,and may loosen over time. Remedy Ford will notify owners, and dealers will remove and replace the right hand motor mount fasteners,free of charge.The recall is expected to begin February 8, 2021.Owners may contact Ford customer service at 1-866-436-7332.Ford's number for this recall is 20S72. NHITSA ■ Number 21V014000 Date Issued 01/15/21 Quantity Affected 283 Defect Ford Motor Company(Ford)is recalling certain 2020 Ford Explorer Police Interceptor Utility and 2020 Lincoln Aviator vehicles.The affected vehicles contain windshield washer fluid that was contaminated with brake fluid.As such,these vehicles fail to comply with the requirements of Federal Motor Vehicle Safety Standard number 104, "Windshield Wiping and Washing Systems." Remedy Ford will notify owners, and dealers will flush out the washer system, replacing the washer bottle neck,washer pump assembly,fluid level sensor and the front and rear wiper blades.Dealers will also inspect and repair the vehicle's paint and exterior components if affected,free of charge.The recall is expected to begin March 8,2021.Owners may contact Ford customer service at 1-866- 436-7332.Ford's number for this recall is 21C01. NHTSA } Number 21V154000 Date Issued 03/10/21 Quantity Affected 49 Defect Ford Motor Company(Ford)is recalling certain 2020 Lincoln Aviator and Ford Explorer vehicles. The rear lower control arm (RLCA)bolts that attach the rear lower control arms to the wheel knuckles may not have been heat-treated,which could cause them to break. Remedy Ford will notify owners, and dealers will replace both RLCA bolts,free of charge.The recall is expected to begin March 29,2021.Owners may contact Ford customer service at 1-866-436- 7332,Ford's number for this recall is 21511. Original Equipment Guide Engine Options Transmission Options * 6 Cylinder 3.3 Engine STD 10 Speed Auto Advantage STD Other Optional Equipment Convenience Options * Anti-Lock Brakes STD Climate Control For A/C $610 Auto Emergency Braking * Air Conditioning STD Auxiliary Lighting $550 Auto Headlamp Control $115 * Bodyside Cladding STD * Cruise Control STD * Black Grille STD * Rear Window Defroster STD * Black Exterior Trim STD Daytime Running Lights $45 Blind Spot Sensor * Floor Mats STD Cargo Lamp $395 * Heated W/S Wiper Washers STD Carpeting $125 Reverse Sensing System $275 Cross Traffic Alert * Rem Trunk-UGate Release STD * Center Console STD * Rear View Camera STD Claim C-21-02114-14151 Request 56870922 Page 5 Page 691 Item#27. 2020 Ford Explorer Police I ntercptr4VVD 4D Wagon * Interior Cargo Tray STD * Strg Wheel Radio Control STD * Dual Airbags STD * Trunk/Cargo Organizer STD * Dual Exhaust System STD * Tire Pressure Monitor STD * Driver Information Sys STD * Tilt Steering Wheel STD Engine Block Heater $90 Power Accessories * Elect.Stability Control STD Heated Power Mirrors $60 Fwd.Collision Alert * Power Drivers Seat STD Fog Lights Dual Power Seats $325 * Head Airbags STD * Electric Steering STD * Heavy Duty Battery STD * Power Brakes STD * Heated Wiper Park STD * Power Door Locks STD * Heated Rear Window Wiper STD * Power Mirrors STD * Intermittent Wipers STD Power Passenger Seat $325 * Knee Air Bags STD * Power Rear Window STD Keyless Entry Keypad $340 * Power Windows STD Keyless Entry System $340 Wheel Options * 1st Row LCD Monitor(s) STD 18 Inch Alloy Wheels $475 * LED Brake Lights STD * Steel Wheels STD * LED Headlamp(s) STD Wheel Caps With Crest $60 * Lighted Entry System STD Wheel Covers $60 * Manual Lumbar Adjustment STD Radio/Phone/Alarm Options * Overhead Console STD * AM/FM CD Player STD * Pwr Accessory Outlet(s) STD * MP3 Decoder STD Pedestrian Detection Sys Perimeter Alarm System $120 Privacy Glass $120 Seat Options * Power Adjustable Pedals STD Bucket Seats $60 * 2nd Row Head Airbags STD * Split Folding Rear Seat STD Rear Liftgate * Velour/Cloth Seats STD * Rear Lip Spoiler STD Roof Options Roof Rails $155 Padded Vinyl Roof $490 Rear Step Bumper $95 Tires * Rear Window WiperfWashor STD * Full Size Spare Tire STD * Side Airbags STD * Stability Cntrl Suspensn STD * Sunvisor STD * Tachometer STD * Trip Computer STD * Traction Control System STD Tinted Glass $120 Trunk/Cargo Box $245 Wheel Locks $60 Option Packages 100 Watt Siren/Speaker $315 12.1 lnt Computer Screen $2,745 2nd&3rd Row Solar Tint $120 2nd Row Only Solar Tint $85 AGM Battery 12v $110 Ballistic Door PnI Lvl IV $2,415 Claim C-21-02114-14151 Request56870822 Page 6 Page 692 Item#27. 2020 Ford Explorer Police Intercptr 4WD 4D Wagon Ballistic Dr Pnl Lvl lii $1,585 Ballistic Dr Pnls Lvl III $3,170 Ballistic Dr Pnls Lvl IV $4,830 Blind Spot Info System $545 Includes Blind Spot Sensor,Cross Traffic Alert Charcoal Cloth Bucket Sea $60 Includes Velour/Cloth Seats Class III Tow Package $80 Connection Package $55 Includes Obd-li Split Conector Dark Car Feature $25 Driver LED Spot Lamp $395 Driver Side Spot Lamp Kit $420 Driver's Side Spotlamp $140 Dual Side Spot Lamp Kit $280 Dual Spot Assembly lamp $665 Front Headlamp Solution $895 Front Int Visor Led Bar $1,145 Front Warning Aux Led Lgh $550 Grille Light/Siren Wiring $50 Headlamp Lightng Solution $895 Hidden Door-Lock Plunger $160 Inoperative Rear Locks $75 Interior Upgrade Package $390 Includes Carpeting, Floor Mats Keyed Alike $50 LED Spot Lamps $620 Noise Control System $195 Noise Suppression Bonds $100 Police Eng Idle Feature $260 Police Perimeter Alert $675 Police Wire Harness Front $185 Pre Collision System $145 Includes Auto Emergency Braking, Fwd. Collision Alert, Pedestrian Detection Sys Ready For The Road Pkg. $3,595 Includes Rear Lighting, Headlamp Lightng Solution, Tail Lamp Light Solution, Rear Console Mounting Plate Rear Auxiliary Stop Light $395 Includes Rear Liftgate Rear Camera Package $230 Rear Console Mount Plate $45 Rear Lighting $455 Rear Qtr Glass Marker Lht $575 Rear Spoiler Package $1,495 Side Marker LED Lights $290 Switchable Light In Cargo $50 SYNC $295 Includes Voice Activation Tail Lamp Light Solution $430 Taillamp Police Housing $60 Ultimate Wiring Package $560 Includes Siren Speaker And Bracket, Rear Console Mounting Plate Underbody Deflector $335 Base retail price $41,860 suggested1oss Vehicle Manufacturer's r r $41,860 Editions available for the same body style(in order of original cost, increasing):*Police Intereptr Claim C-21-02114-14151 Request 56870822 Page 7 Page 693 Item#27. 2020 Ford Explorer Police Intercptr 4WD 4D Wagon Indicates loss vehicle equipment. Idaho Regulatory Statement Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement containing any false, incomplete or misleading information is guilty of a felony. Loss Vehicle Valuation Autosource has been chosen by Intermountain Claims to assist in establishing a fair and reasonable market value for your vehicle.We are proud to offer you the most current and comprehensive automotive valuations available today. Your vehicle was inspected and/or described to Autosourco by a trained representative of Intermountain Claims. Autosource has evaluated all aspects of your vehicle provided by Intermountain Claims as well as those features identified by the Vehicle Identification Number(VIN)or known to be standard equipment for your vehicle. The market value of your vehicle is determined by comparing it to other vehicles in your area of similar make, model, equipment, odometer and condition that have been offered for sale or sold. The sources for this comparison include new and used car dealers, newspapers, traders, specialty journals and the Internet. Our exclusive Dealer Access program provides us with electronic inventories from thousands of affiliated dealers in North America. Each week, over 8,000,000 vehicles are listed from these sources, representing over 100,000 dealerships and 3400 publications, making our database the largest in the industry.We utilize the industry's largest electronic network and leading edge technology to provide you with the most current inspected, surveyed or advertised market data. We will find the closest vehicle matches in the area nearest your home. About Your Valuation This report contains proprietary information of Audatex and its partners and shall not be disclosed to any third party(other than the insurer or insured,or their legal representative; or claimant or claimants insurer for purposes of subrogation)without Audatex's prior written consent. if you are the insured or claimant and have questions regarding the description of your vehicle, please contact the insurance company that is handling your claim. Information within VINsource/NICB is provided solely to identify potential duplicative claims activity.User agrees to use such information solely for lawful purposes. Tax rates contained herein are based on general sales tax data provided by Vertex Inc. Excise, use, registration, licensing and other taxes and fees that may be applicable are not included. Audatex makes no representations or warranties concerning the applicability or accuracy of such tax data. Report Generated by Audatex, a Sclera Company ^ US Pat.No 7912740B2 So�e�a US Pat,No 8200513B2 US Pat.No 846803BB2 US Pat.No 8725544 ©2021 Audatex North America, Inc.All Rights Reserved. Claim C-21-02114-14151 Request 56870822 Page 8 Page 694 Item#27. Sc%p I Audatex Autosource Market-Driven ValuationTM t �f Administrative Data John Hiscox Claimant Intermountain Claims Insured City Of Meridian Boise. Branch Claim C-21-02114-14151 120 S.Cole Road Loss Date 08/07/2021 P.O.Box 4367 zip 83711 Loss Type Other Boise ID 83709 Policy Other VINSOURCE Analysis VIN 1FM5K8AR3GGC08415 Decodes as 2016 Ford Explorer Police Intercptr 4WD 4D Wagon Accuracy Decodes Correctly History No activity was reported AudaVIN No Vehicle Salvage Title Summary No Branded title history found for this VIN. Processed on 08/27/21 2:39 PM.Title History is powered by Experian AutoCheck.The Experian AutoCheck data contained in this report involves the conveyance of information provided to Experian by other sources.Accordingly, neither Experian nor Audatex can, or will, be an insurer or guarantor of the A fo,l rAExpMnian accuracy or reliability of the Experian data. Valuation Detail Comparable Vehicle Your Vehicle Adjustment Price Centralia,Wa $14,934 Odometer 129,276 Mi(Actual) 94,207 Mi(Actual) 1,405 Market Driven Value $16,339 General Sales Tax 6.0000% $980.34 Net Adjusted Market Value $17,319.34 Vehicle Description VIN: 1 FM5K8AR3GGC08415 2016 Ford Explorer Police Intercptr 4WD 4D Wagon 94,207 Milos Actual Page 695 Item#27. 2016 Ford Explorer Police Intercptr 4WD 4D Wagon 6cyl Gasoline 3.7 6-Speed Automatic Interior Air Conditioning Cruise Control Center Console Driver Information Sys Bucket Seats Intermittent Wipers Lighted Entry System Floor Mats Overhead Console Power Door Locks Power Windows Power Adjustable Pedals Power Drivers Seat Split Folding Rear Seat Velour/Cloth Seats Tachometer Trip Computer Trunk/Cargo Organizer Tire Pressure Monitor Tilt Steering Wheel Exterior Bodyside Cladding Color-Keyed Bumper(s) Rear Window Defroster Black Grille Heated Rear Window Wiper Heated WIS Wiper Washers LED Brake Lights Power Mirrors Rear Liftgate Rem Trunk-LlGate Release Rear Window WperlWasher Rear Spoiler Tinted Glass Steel Wheels Mechanical Electric Steering Heavy Duty Battery Power Brakes Stability Cntrl Suspensn Full Size Spare Tire Safety Dual Airbags Anti-Lock Brakes Head Airbags Halogen Headlights 2nd Row Head Airbags Side Airbags Traction Control System Entertainment 1st Row LCD Monitor(s) MP3 Decoder AM/FM CD Player Strg Wheel Radio Control Trim Levels *Police lntercptr, STD, XLT, Limited *Indicates your trim level A detailed description of your vehicle was provided to Autosource by a trained appraiser. Contact Intermountain Claims if revisions are necessary. Vehicle Condition Seats Minor Wear Carpets Minor Wear IntTrim Minor Damage Glass Good Headliner Good Body Minor Damage Paint Minor Wear ExtTrim Good Engine Minor Wear Transmission Minor Wear Front Tires Good RearTires Good Claim C-21-02114-14151 Request 56880722 Page 2 Page 696 Item#27. 2016 Ford Explorer Police Intercptr 4WD 4D Wagon l Valuation Notes l o Loss vehicle description was provided by Intermountain Claims o Adjustments of Special Note a An odometer adjustment of 4.00 cents per milelkilometer has been applied. This adjustment is based on the vehicle year,vehicle category and market area.Odometer adjustments are capped at 40%of the vehicle's starting value. Typical miles for this 2016 Ford Explorer in Idaho is 68,019. No special adjustments were made for this vehicle. n All values are in U.S.dollars. o Autosource Valuation Process Over 8,000,000 vehicles are entered weekly into the database used for researching this value. This database includes dealer inspected, dealer inventory, dealer advertised, phone verified and advertised private party vehicles. p The originating search area for this valuation was Meridian, Idaho. o Other Adjustments or Comments n The tax was calculated based on a date of loss of 08/07/2021 using zip 83642, in Ada County, Idaho. The city may vary from search area to reflect correct tax location. Area Taxed Rate Total Tax%of MarkotValue Idaho $16,339 6.0000% $980.34 6.0000% Total Tax: $980.34 6.0000% Typical Condition Statement Odometer, equipment, trim level and condition must all be carefully considered on this vehicle. The vehicle's typical odometer and condition is based on comparison of dealer and private party vehicles of the same year, vehicle type and state/province. The average miles driven for this vehicle is 68,019. Numerous descriptions have been described within each condition sub-category rating and are separated by a period. Each description is meant to be independent, but can also be interpreted as an "and/or' statement. DescriptionCondition Seats Minor Wear Slight stains. Slight wear. Seams worn. Seams strained. 1-3 burn marks or holes smaller than a dime, slight odor or smoke smell. 1 tear smaller than a credit card. Leather shows slight surface cracks. Mold that can be removed with detail.Slight fading or discoloration. Carpets Minor Wear Slight stains. Slight wear, usually under pedals. Light fading. 1-3 burn marks or holes smaller than a dime. 1 tear smaller than a credit card. Molded inserts in carpet are cracked or have slight separation. Mold that can be removed with detail. Int Trim Minor Damage Slight discoloration or wear. Slight scuffs or scratches. 1-3 burn marks or holes smaller than a dime. 1 crack no greater than 1 credit card in size. 1-2 control knobs or switches missing. 1-2 gauges or control switches not working.Cracked speaker covers.Mold that can be removed with detail. Glass Good No obvious damage. Numerous small pits. Light scratches visible on close inspection. Headliner Good No damage. Very negligible wear visible on close inspection. Soiling removable with cleaning.No fading or discoloration. Body Minor Damage Noticeable or multiple parking lot dings. 1-3 dents or creases no greater than 1 credit card in size. No large impacts or collision dents. No surface rust. Paint Minor Wear Numerous small chips. 1-3 small scrapes no greater than 1 credit card in size. Discoloration that can be polished out. Checking on 1-2 panels. Subtle mismatched paint on 1-2 panels. Ext Trim Good No damage. No dents. No impact damage. Good shine on chrome or bumper covers. Color-keyed sections in good condition. 1-3 slight scratches or marks. Claim C-21-02114-14151 Request 56680722 Page 3 Page 697 Item#27. 2016 Ford Explorer Police Intercptr 4WD 4D Wagon Conditon Description Engine Minor Wear Belts or accessories show slight wear or corrosion. Slight oil or fluid seepage around gaskets or covers. Poor fitting aftermarket cosmetic components. Transmission Minor Wear Obvious oil seepage around any of the following: transmission housing, transaxle, differential, transfer case. Recommended maintenance may not have been performed. Front Tires Good Tires are in good condition.30-79%of tread remains. Rear Tires Good Tires are in good condition.30-79%of tread remains. Having a clean, well maintained vehicle will add to its market value Prior body damage, rust, extensive interior damage or mechanical problems will all decrease the market value of this vehicle. Comparable Vehicle Details The following information provides the details for the vehicle(s) used to calculate the Autosource Value. The selling price may be substantially less than the asking price. Where indicated, the asking price has been adjusted to account for typical negotiation according to each comparables price. 1 2016 Ford Explorer Police Intercptr 4WD 4D Wagon 1FM5K8AR4GGC26681 $14,934 Stock# 3387. 129276 Miles. 6 Cylinder 3.7 Engine, 6-Speed Automatic, Anti-Lock Brakes, Air Conditioning, Bodyside Cladding, Bucket Seats, Cruise Control, AMIFM CD Player, Center Console, Dual Airbags, Rear Window Defroster, Driver Information Sys, Power Drivers Seat, Electric Steering, Floor Mats, Full Size Spare Tire, Head Airbags, Halogen Headlights, Heavy Duty Battery, Heated Rear Window Wiper, Heated W/S Wiper Washers, Intermittent Wipers, 1st Row LCD Monitor(s), LED Brake Lights, Lighted Entry System, Manua[ Lumbar Adjustment, MP3 Decoder, Overhead Console, Power Brakes, Power Door Locks, Power Mirrors, Power Windows, Power Adjustable Pedals, 2nd Row Head Airbags, Rem Trunk-L/Gate Release, Rear Window Wiper/Washer, Side Airbags, Stability Cntrl Suspensn, Split Folding Rear Seat, Rear Spoiler, Steel Wheels, Strg Wheel Radio Control, Tachometer, Trip Computer, Trunk1Cargo Organizer, Traction Control System, Tinted Glass, Tire Pressure Monitor, Tilt Steering Wheel,Velour/Cloth Seals. Offered for sale by Mills Motors in Centralia,WA, (360)807-4012.Vehicle information by Vast on 06/14121. The advertised price of$15,720 was adjusted to account for typical negotiation($-786). Recall Bulletins Nat'l. Highway Traffic Safety Admin(US)has issued a total of 8 recall bulletins that may apply to this vehicle. NHTSA ■ Number 16V183000 Date Issued 03/31/16 Quantity Affected 1,543 Defect Ford Motor Company(Ford)is recalling certain model year 2015-2016 Lincoln MKC vehicles manufactured November 25, 2013, to January 25,2016, and 2016 Ford Explorer vehicles manufactured October 20,2014,to January 28, 2016.The affected vehicles are equipped with 2.3L GTDI engines and engine block heaters.These engine block healers have elements that may overheat while plugged in. Overheating of the engine block increase the risk of a fire. Remedy Ford will notify owners, and dealers will replace the engine block heater,free of charge.Dealers will also inspect and replace the electrical cord, as necessary.The recall began on May 18, 2016. Owners may contact Ford customer service at 1-866-436-7332.Ford's number for this recall is 16S14. Note: Owners should not use the engine block heater until the vehicle has been remedied. NHTSA ■ Numberl16V475000 Claim C-21-02 1 1 4-1 4 1 51 Request 56880722 Page 4 Page 698 Item#27. 2016 Ford Explorer Police Intercptr 4WD 4D Wagon Date Issued 06/28/16 Quantity Affected 5,280 Defect Ford Motor Company(Ford)is recalling certain model year 2016 Ford Explorer and F-150 vehicles equipped with a manual recline driver's seat.The seat back frame may have insufficient welds which may not meet the requirements of Federal Motor Vehicle Safety Standard(FMVSS) numbers 202,"Head Restraints"and 207, "Seating Systems." The seat back may not adequately restrain the occupant during a crash, increasing the risk of injury. Remedy Ford will notify owners, and dealers will inspect and, if necessary, replace the seat back frame, free of charge.The recall begin on August 18, 2016.Owners may contact Ford at 1-800-392- 3673.Ford's number for this recall is 16C11. NHTSA ■ Number 17V767000 Date Issued 11/29/17 Quantity Affected 177,264 Defect Ford Motor Company(Ford)is recalling certain 2016 F-150 and Explorer vehicles.Loose power seat adjuster pivot bolts may cause the front seat cushions to detach and not properly restrain the seat occupant in the event of a crash. Remedy Ford will notify owners,and dealers will inspect the tightness of the power seat track upper pivot link bolt,either applying threadlocker or replacing the lift link and hardware,free of charge. Interim letters are expected to go out January 15, 2018.Owners will receive a second notice when the remedy becomes available.Owners may contact Ford customer service at 1-866-436- 7332.Ford's number for this recall is 17S40. ■ 19V435000 Date Issued 06/10119 Quantity Affected 1,194,173 Defect Ford Motor Company(Ford)is recalling certain 2011-2017 Explorer vehicles.The rear suspension too links may fracture due to stress on the rear suspension. Remedy Ford will notify owners, and dealers will replace the rear suspension toe links, free of charge.The recall began June 26,2019.Owners may contact Ford customer service at 1-866-436-7332. Ford's number for this recall is 19S17. ■ 20V692000 Date Issued 11/10/20 Quantity Affected 15,587 Defect Ford Motor Company(Ford)is recalling certain 2014-2016 Explorer,2014-2015 Taurus and 2014 Edge vehicles equipped with 2.OL or 2.3L engines and front wheel drive.The support bracket for the front drive axle halfshaft may fail Remedy Ford will notify owners, and dealers will replace the link shaft bracket, free of charge.Parts are not currently available.Owners will receive an interim notification about the recall beginning November 30,2020.A second letter will be mailed when parts become available.Owners may contact Ford customer service at 1-866-436-7332.Ford's number for this recall is 20S63. NHTSA ■ 20V675000 Date Issued 10/30/20 Quantity Affected 318,381 Defect Ford Motor Company(Ford)is recalling certain 2013-2017 Explorer vehicles originally sold, or currently registered in Connecticut, Delaware,the District of Columbia, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Now Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island,Vermont,Virginia,West Virginia,and Wisconsin that were previously repaired under a prior recall numbers 16V 245 or 19V-435.The outboard section of a rear suspension toe link may fracture. Remedy Ford will notify owners, and dealers will inspect the cross-axis ball joint(CABJ)knuckle attached to the rear suspension toe link and replace it as necessary,free of charge.The recall began November 27,2020.Owners may contact Ford customer service at 1-866-436-7332.Ford's number for this recall is 20S62. Claim C-21-02114-14151 Request56880722 Page 5 Page 699 Item#27. 2016 Ford Explorer Police Intercptr 4WD 4D Wagon NHTSA ID Number 21V316000 Date Issued 05/05/21 Quantity Affected 616,947 Defect Ford Motor Company(Ford)is recalling certain 2016-2019 Explorer vehicles.The retention pins could loosen and allow the roof rail covers to detach from the vehicle. Remedy Dealers will install push-pins and replace any damaged rail clips and roof rail covers, as necessary, free of charge.Owner notification letters are expected to be mailed June 28,2021. Owners may contact Ford customer service at 1-866-436-7332.Ford's number for this recall is 21 S22. NHTSA ID Number 21V537000 Dale Issued 07/15/21 Quantity Affected 644,055 Defect Ford Motor Company(Ford)is recalling certain 2013-2017 Explorer vehicles originally sold, or ever registered, in Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island,Vermont,Virginia,West Virginia,Wisconsin,and the District of Columbia.Exposure to road salt can cause the cross-axis gall joint to corrode and seize, resulting in a fracture of the outboard section of the rear suspension toe link. Remedy Dealers will inspect and replace as necessary, the cross-axis ball joint(CABJ)knuckle, and replace the rear suspension toe links, free of charge.Owner notification letters are expected to be mailed August 23,2021.This recall is an expansion of previous NHTSA recall numbers 16V-245, 19V 435,and 20V-675.Certain vehicles previously repaired will need to return for the new remedy.Owners may contact Ford customer service at 1-866-436-7332.Ford's number for this recall is 21S32. Original Equipment Guide Engine Options Transmission Options * 6 Cylinder 3.7 Engine $0 * 6-Speed Automatic STD 6 Cylinder 3.7 Flex Engine STD Other Optional Equipment Convenience Options * Anti-Lock Brakes STD Climate Control For A/C $610 * Bodyside Cladding STD * Air Conditioning STD * Black Grille STD Auto Headlamp Control $115 Blind Spot Sensor * Cruise Control STD Chrome Grille Dual Air Conditioning $610 * Color-Keyed Bumper(s) STD * Rear Window Defroster STD Cargo Lamp $50 Daytime Running Lights $45 Carpeting $125 * Floor Mats STD Cross Traffic Alert * Heated W/S Wiper Washers STD * Center Console STD Reverse Sensing System $275 * Dual Airbags STD * Rem Trunk--Gate Release STD * Driver Information Sys STD Rear View Camera $245 Engine Block Heater $90 * Strg Wheel Radio Control STD Fog Lights * TrunklCargo Organizer STD * Head Airbags STD * Tire Pressure Monitor STD * Halogen Headlights STD * Tilt Steering Wheel STD * Heavy Duty Battery STD Power Accessories * Heated Rear Window Wiper STD Heated Power Mirrors $60 * Intermittent Wipers STD * Power Drivers Seat STD Keyless Entry System $260 * Electric Steering STD Claim C-21-02144-14151 Request 56880722 Page 6 Page 700 Item#27. 2016 Ford Explorer Police Intercptr 4WD 4D Wagon * 1st Row LCD Monitor(s) STD Power Brakes STD License Plate Power Door Locks STD * LED Brake Lights STD Power Mirrors STD * Lighted Entry System STD Power Windows STD * Manual Lumbar Adjustment STD RadiolPhone/Alarm Options * Overhead Console STD * AM/FM CD Player STD Privacy Glass $120 * MP3 Decoder STD * Power Adjustable Pedals STD Perimeter Alarm System $120 * 2nd Row Head Airbags STD Seat Options * Rear Liftgate STD Bucket Seats STD Roof Rails $100 * Split Folding Rear Seat STD * Rear Window WperlWasher STD * Velour/Cloth Seats STD * Side Airbags STD Wheel Options • Stability Cntrl Suspensn STD 18 Inch Alloy Wheels $475 * Rear Spoiler STD * Steel Wheels STD * Tachometer STD Wheel Covers $60 * Trip Computer STD Roof Options * Traction Control System STD Padded Vinyl Roof $490 * Tinted Glass STD Tires * Full Size Spare Tire STD Option Packages 100 Watt Siren/Speaker $300 Blind Spot Info System $490 Includes Blind Spot Sensor, Cross Traffic Alert Cargo Wiring Upfit Pkg $1,340 Includes Siren Speaker And Bracket, Rear Console Mounting Plate Deflector Plate $335 Driver Ballistic Door Pnl $1,585 Driver's Side Spotlamp $395 Driver/Pass Ballistic Pnl $3,170 Dual Spot Assembly Lamp $665 Front Headlamp Solution $125 Grille Light/Siren Wiring $50 Headlamp Lightng Solution $915 Inoperative Rear Locks $160 Interior Upgrade Package $390 Includes Carpeting, Center Console, Floor Mats Noise Suppression Bonds $100 Passenger Side Spot Lamp Police Vinyl Word Wrap $795 Police Wire Harness Front $105 Police Wire Harness Rear $130 Ready For The Road Pkg. $3,415 Includes Rear Lighting, Headlamp Lightng Solution, Tail Lamp Light Solution, Rear Console Mounting Plate Rear Lighting $455 Scuff Plates $90 Side Marker LED Lights $225 Steering Wheel Package $155 Storage Compartment Pkg $245 SYNC $295 Includes Voice Activation Tail Lamp Light Solution $425 Claim C-21-02114-14151 Request 56880722 Page 7 Page 701 Item#27. 2016 Ford Explorer Police Intercptr 4WD 4D Wagon Two Tone Package $840 Includes Two-Tone Vinyl Ultimate Wiring Package $550 Includes Siren Speaker And Bracket, Rear Console Mounting Plate Base retail price $31,875 Loss Vehicle manufacturer's suggested retail price as reported $31,875 Editions available for the same body style(in order of original cost, increasing):*Po[ice Intercptr, STD,XLT, Limited *Indicates loss vehicle equipment. Idaho Regulatory Statement Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement containing any false, incomplete or misleading information is guilty of a felony. Loss Vehicle Valuation Autosource has been chosen by Intermountain Claims to assist in establishing a fair and reasonable market value for your vehicle.We are proud to offer you the most current and comprehensive automotive valuations available today. Your vehicle was inspected and/or described to Autosource by a trained representative of Intermountain Claims. Autosource has evaluated all aspects of your vehicle provided by Intermountain Claims as well as those features identified by the Vehicle Identification Number(VIN)or known to be standard equipment for your vehicle. The market value of your vehicle is determined by comparing it to other vehicles in your area of similar make, model, equipment, odometer and condition that have been offered for sale or sold. The sources for this comparison include new and used car dealers, newspapers, traders, specialty journals and the Internet. Our exclusive Dealer Access program provides us with electronic inventories from thousands of affiliated dealers in North America. Each week, over 8,000,000 vehicles are listed from these sources, representing over 100,000 dealerships and 3400 publications, making our database the largest in the industry. We utilize the industry's largest electronic network and leading edge technology to provide you with the most current inspected, surveyed or advertised market data. We will find the closest vehicle matches in the area nearest your home. About Your Valuation This report contains proprietary information of Audatex and its partners and shall not be disclosed to any third party(other than the insurer or insured, or their legal representative; or claimant or claimants insurer for purposes of subrogation)without Audatex's prior written consent. If you are the insured or claimant and have questions regarding the description of your vehicle, please contact the insurance company that is handling your claim. Information within VINsourcelNICB is provided solely to identify potential duplicative claims activity. User agrees to use such information solely for lawful purposes. Tax rates contained herein are based on general sales tax data provided by Vertex Inc. Excise, use, registration, licensing and other taxes and fees that may be applicable are not included. Audatex makes no representations or warranties concerning the applicability or accuracy of such tax data. Report Generated by Audatex, a Solera Company ^ SoLera US Pat.No 7912740132 US Pat.No 820051382 US Pat.No 8468038132 US Pat. No 8725544 OO 2021 Audatex North America, Inc.All Rights Reserved, Claim C-21-02114-14151 Request 56880722 Page 8 Page 702 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: NONE for the action items. Item #28: Centerville Subdivision (H-2021-0046) Continued from 11/16 Council hearing Application(s): Annexation and Zoning; Preliminary Plat Size of property, existing zoning, and location: This site consists of 40.49 acres of land, zoned RUT, located at 4111 E. Amity Road (including the outparcel to the south) and 5200 S. Hillsdale Avenue, at the southeast corner of S. Hillsdale and E. Amity. History: No history with City of Meridian Comprehensive Plan FLUM Designation: Mixed-Use Neighborhood (approx. 8 acres); Medium Density Residential (approx. 31 acres) Summary of Request: Annexation & Zoning of 40.49 acres of land (3 existing parcels) from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts with a concept plan showing 219 single-family units and 16 multi-family units and a preliminary plat consisting of 249 total lots (124 single-family residential lots, 79 townhome lots, 4 multi-family lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. No CUP for multi-family was submitted with this application—one will be required in the future to construct four-plex dwellings. REVISIONS: All apartments were removed; 219 units now (down from 327). Only remaining portion of the site that is MF is the addition of 4 new four-plex lots along Amity Road near the northwest corner of the site. MF replaced by more townhome units and drive aisles are replaced by 28-foot wide private streets since the units front on green space. Applicant has received Private Street approval for private streets (administrative level approval). Added 3 additional commercial lots and included a proposal for a portion of C-C zoning, similar to what is to the west. This reduced the overall area of the residential portion of the project down to 36.45 acres, a reduction of 2.5 acres. Gross density is now 6.01 du/acre (219 units/36.45 acres), down from 8.4 du/ac. – Staff finds with a loss of over 100 residential units, the Applicant has made a significant adjustment to mitigate the Commission’s concerns over density and its impact to nearby schools and the transportation network. Four additional commercial properties, Applicant has proposed a new right-in/right-out access to Hillsdale Avenue for additional access to the commercial lots. Its location is in alignment with an existing commercial access on the west side of Hillsdale so ACHD has approved this additional street connection. Applicant moved the proposed pool amenity to the large central open space lot consistent with the Commission discussion. Initial review of revised landscape plan shows continued compliance with required open space. General: stnd Proposed in 4 phases – all of the detached single-family proposed in the 1 and 2 phases as well as open space and st amenities; 9 townhome lots and accesses to Hillsdale and Amity proposed in the 1 phase. Existing stubs proposed to be nd extended in 2 phase with remaining R-8 single family lots. Commercial lots, second access to Hillsdale, first area of townhome lots, and four 4-plex buildings proposed in phase 3 at SEC of Hillsdale and Amity; SWC of project proposed in phase 4 and includes remaining townhome lots. The qualified open space consists of the required street buffers, the large centralized open space lot, large linear open spaces, and other smaller open space areas throughout the site that include additional pedestrian connectivity through the site. Correct number of amenities are proposed – future CUP will confirm required minimum number of amenities for MF portion. Access - S. Hillsdale Avenue (collector street) and E. Amity Road (arterial street). Applicant is extending two local stub streets into the site – one from the east (W. Macumbo Street) and one from the south (S. Bleachfield Avenue). TIS required due to proposal of more than 100 units – TIS estimates project will generate 2,599 additional vehicle trips per day and 266 additional trips per hour in the PM peak hour. TIS & ACHD recommend/require the following improvements: Safe access to Hillsdale Elementary – ACHD recommends and Applicant has agreed to install a Rapid Rectangular Flashing Beacon (RRFB) crossing at the Hillsdale/Hill Park intersection for an additional safe crossing for current and future residents. Project area has different future land use designations than the existing Meridian development to the south and southwest. Majority of site contains the MDR designation (3-8 du/ac). Relatively small area of MU-N (6-12 du/ac) on this site is part of a larger mixed-use area further to the west that encompasses approximately 70 acres. Approximately half of this mixed-use area is approved for residential development (Hills Century Farms North) with the remaining area being comprised of commercial zoning that includes self-storage, an urgent care, medical/dental offices, assisted living facility and some vacant commercial lots. The Applicant has proposed transitional lot sizes and density within this project along the perimeter to match the lot sizes of existing development to the east and south. Smaller lot sizes are proposed towards the interior of the project culminating in the multi-family lots (highest density) along the west boundary and at the very northwest corner of the development. Staff finds the proposed project is compatible with surrounding residential development because of the transitional densities proposed. After analysis of all residential projects south of the interstate and within City limits approved since March 2018, here is what was found. There have been approximately 4,176 single family units and approximately 1,224 multi-family units approved. Of the approved projects, there have been approximately 1,265 single family building permits issued and multifamily permits issued included approximately 112 units. Commission Recommendation: Commission recommended approval of project following Applicant revisions to the overall plan. Summary of Commission Public Hearing: 1. Summary of Commission public hearing: a. In favor: Becky McKay, Applicant Representative. b. In opposition: Please see public record here. c. Commenting: Becky McKay; d. Written testimony: A number of written testimonies were submitted, a vast majority of which were against the project. Please see the public record for these records – testimony. e. Staff presenting application: Joseph Dodson, Associate Planner f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Allocation of density and lot sizes throughout the site relative to existing residential in the area; b. Desire to have more commercial and less high-density apartments within the project; c. Overall concerns with additional residents in this area and the impact to the roadways and neighborhood elementary school, Hillsdale Elementary; d. Discussions on how Staff measures and analyzes density of projects when multiple future land uses are present within a project site; e. Desire to reduce density further than Applicant proposed with the revised layout and removal of garden-style apartments; 3. Key issue(s) of discussion by Commission: a. Density of project and inclusion of apartment units in this area of the City; b. Amount of commercial originally proposed and analyzed by Staff and how it meets the Mixed-use c. Neighborhood future land use designation; d. Ingress and egress for the project site relative to required road improvements to Hillsdale and Amit and subsequent timeline of required road improvements; e. Desire to have more commercial and less multi-family consistent with public testimony at both hearings; f. Support of revised layout that includes more attached single-family, commercial, and a new multi- family use (three 4-plex buildings); g. Amount and availability of parking for the areas surrounding the townhomes and increased commercial lots; 4. Commission change(s) to Staff recommendation: a. Commission did not make any additional changes to the Staff report beyond those noted within the Staff Memo dated October 15, 2021 – subsequently, Section VII and Section VIII of this document have been revised to include the revised plans and recommended revisions to the conditions of approval noted in the memo. 5. Outstanding issue(s) for City Council: a. None Written Testimony since Commission Hearing: Multiple pieces of testimony – School capacity, traffic impacts, different type of housing than existing subdivisions, conflict with future land use map, and overall too much density. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0046, as presented in the staff report for the hearing date of January 4, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0046, as presented during the hearing on January 4, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0046 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #29: Biltmore Estates (TECC-2021-0001) Application(s): Time Extension (Preliminary Plat) Size of property, existing zoning, and location: This site consists of 22.67 acres of land, zoned R-4, and is generally located 1/4 mile south of W. Victory Rd. & 1/2 mile west of S. Meridian Rd. History: The preliminary plat was approved in 2014 & consisted of 159 buildable lots on 56.19 acres of land. Final plats for phases 1-3 have obtained the City Engineer’s signature within the required timeframe; the Director approved a 2-year time extension on the preliminary plat in order for the City Engineer to sign the final plat for phase 4 which expired on 12/18/21 – the subject time extension request was received before the expiration date. Comprehensive Plan FLUM Designation: LDR Summary of Request: The Applicant requests approval of another 2-year time extension in order to obtain the City Engineer’s signature on the Phase 4 final plat. Two phases are yet to develop consisting of a total of 70 building lots on 22.74 acres of land. The Applicant states the construction drawings and the final plat for the 4th phase of development have been completed and the final plat application is anticipated to be submitted soon. Due to continued labor and material shortages, construction on this phase has been delayed. With all time extensions, City Council may require compliance with current UDC provisions. Since the preliminary plat and previous time extension were approved, an amendment to the common open space & site amenity standards listed in UDC 11-3G was approved. The provisions for common open space have increased from 10% to 12% and require compliance with the quality & qualification standards listed in the UDC. The provisions for site amenities changed from three (3) required amenities to a point system based on the area of the development. The Public Works standards & specifications have also changed. Based on these new standards, Staff recommends an additional 2.35-acres of common open space & site amenities totaling 4 points is provided; and compliance with the most recently adopted Public Works standards & specifications is required for the remaining phases of development. The Applicant proposes to provide 8’ wide landscaped parkways along all internal local streets and reduce the buildable lots by one to increase the common open space area; and provide a pickleball court as an additional amenity in accord with current UDC standards. th Approval of the subject time extension will allow the Applicant to obtain the City Engineer’s signature on a final plat for the 4 phase of development and proceed with development of the property. If City Council does not approve the requested time extension, the preliminary plat will expire and a new preliminary plat application will be required for the remaining area that has not yet been subdivided. Written Testimony: Becky McKay, Engineering Solutions (Applicant) – In agreement w/the conditions in the staff report. Staff Recommendation: Approval with conditions requiring the Applicant to comply with current open space & site amenity standards. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number TECC-2021-0001, as presented in the staff report for the hearing date of January 4, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number TECC-2021-0001, as presented during the hearing on January 4, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number TECC-2021-0001 to the hearing date of _______ for the following reason(s): (You should state specific reason(s) for continuance.) Item #30: Fluid Estates (SHP-2021-0008) Application(s): Short Plat Size of property, existing zoning, and location: This site consists of 2.0 acres of land, zoned C-C, located at 3110 W. Quintale Dr. History: This property was previously platted as Lot 2, Block 25, Bridgetower Crossing Sub. 7. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The Applicant proposes to re-subdivide the existing lot into 3 buildable lots. The proposed short plat complies with the UDC standards for such. Street buffers were constructed and landscaped along adjacent streets with the previous subdivision improvements. Access to the property is provided via two existing access easements/driveways at the east boundary of the site; direct lot access via Ten Mile, McMillan and Quintale is prohibited. Per the DA, a CUP is required prior to development of this property. Written Testimony: Michael Byrns, Applicant – in agreement w/staff report conditions Staff Recommendation: Approval w/conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number SHP-2021-0008, as presented in the staff report for the hearing date of January 4, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number SHP-2021-0008, as presented during the hearing on January 4, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number SHP-2021-0008 to the hearing date of ___________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #31: Woodcrest Townhomes (H-2021-0015 & H-2021-0082) Application(s): Comprehensive Plan Map Amendment Rezone Preliminary Plat th City Council previously heard the proposed CPAM & RZ applications on Sept. 7. At that hearing, Council directed the Applicant to submit a PP application to be heard concurrently with the CPAM & RZ requests. The Applicant nd submitted a PP application as directed, which was heard by the Commission on December 2 – the Commission recommended approval of the PP to Council. A private street application was submitted for access to the proposed lots, which has been tentatively approved from the Director. 1. Summary of Commission public hearing: a. In favor: Blaine Womer, Applicant’s Representative b. In opposition: None c. Commenting: Dave McDonald, Jerry Evans d. Written testimony: None 2. Key issue(s) of public testimony: a. Concern pertaining to parking along the adjacent collector street (Hickory Way) from the proposed development; b. Preference for the previous site design without parking on the periphery of the southeast boundary; c. Concern pertaining to planting of shrubs within the utility easement (that contains utilities) along the northwest boundary of the site and adequacy of parking for the development; d. Concern pertaining to traffic on Fairview and desire for improvements on Hickory to increase traffic flow. 3. Key issue(s) of discussion by Commission: a. Discussion pertaining to the parking analysis submitted by the Applicant for this area. 4. Commission change(s) to Staff recommendation: None 5. Outstanding issue(s) for City Council: None Written Testimony since Commission Hearing: None ___________________________________________________ _________________________________________________ Size of property, existing zoning, and location: This site consists of 1.97-acres of land, zoned L-O, located at 1789 N. Hickory Way, north of E. Fairview Ave. on the southwest side of Hickory Way. History: This property was annexed with L-O zoning in 1992 & later re-subdivided as a lot in Mallane Commercial Complex in 2001. Comprehensive Plan FLUM Designation: Commercial Summary of Request: Amendment to the Comprehensive Plan FLUM to change the land use designation on 2.10-acres of land from Commercial to MHDR; and Rezone of 2.10-acres of land from the L-O (Limited Office) to the R-15 (Medium High-Density Residential) zoning district. Approval of the map amendment will allow the Applicant to develop (19) SFR attached & townhome dwellings at a gross density of 10.8 units/acre on this infill property, which will contribute to the range of residential land use designations & diversity in housing types & densities in this area & provide a transition in land uses from MDR to commercial/office uses. A revised conceptual site plan & building elevations were submitted showing how the property is planned to develop with (19) single- family attached & townhouse dwelling units consisting of (1) single-family attached structure, (3) 3-unit townhouses, (2) 4-unit townhouses and a common area with pathway & gazebo amenities. Because the site is below 5-acres in size, minimum qualified open space & site amenities are not required. A Preliminary Plat is proposed consisting of 19 building lots & 4 common lots (including one lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. Proposed lots range in size from 3,789 to 2,000 s.f. with an average lot size of 2,701 s.f. The proposed gross density of the subdivision is 9.64 units per acre. The subdivision is proposed to develop in one phase. Because this site is below 5 acres in size, minimum open space & site amenity standards don’t apply. Access to the site is proposed via a cross-access easement from an existing driveway from N. Hickory Way, a collector street; no stub streets exist to this property. A private street is proposed to provide access to the development and for addressing purposes. An attached sidewalk is proposed along one side of the private street for pedestrian access. Off-street parking is proposed in accord with UDC standards; (20) extra spaces are proposed for guest parking in the common areas along the north boundary & at the SEC of the site. On-street parking is not allowed due to the width of the private street. Conceptual building elevations were submitted for the proposed residential structures as shown with a mix of materials consisting horizontal wood siding, vertical board and batten siding, wood shake siding and cement plaster with stone veneer accents and architectural asphalt roofing. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Numbers H-2021-0015 & H-2021-0082, as presented in the staff report for the hearing date of January 4, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers H-2021-0015 & H-2021-0082, as presented during the hearing on January 4, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers H-2021-0015 & H-2021-0082 to the hearing date of ___________ for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting January 4, 2022 Item #28: Centerville Sub. PLANNED DEVELOPMENTZONINGFLUM Maps– Revised Landscape RevisedOriginal Plan Item #29: Biltmore EstatesTime Extension (Preliminary Plat) Item #30: Fluid Estates Landscape PlanPlat Short Plat Item #31: Woodcrest Townhomes AERIALZONINGFLUM Preliminary Plat– Future Land Use Map15-RAdopted vs. Proposed Land Uses Preliminary PlatLandscape Plan Revised Conceptual Unit-4Unit-3Unit-2 Building Elevations Item#28. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from November 16, 2021 for Centerville Subdivision (H-2021-0046) by Engineering Solutions, LLP, Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the Southeast Corner of S. Hillsdale and E. Amity A. Request: Annexation and Zoning of 40.49 acres of land from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts. B. Request: A Preliminary Plat consisting of 249 total lots (124 single-family residential lots, 79 townhome lots, 4 multifamily lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. Page 703 Item#28. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: November 16, 2021 Topic: Public Hearing Continued from November 16, 2021 for Centerville Subdivision (H- 2021-0046) by Engineering Solutions, LLP, Located at 4111 E.Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the southeast corner of S. Hillsdale and E.Amity A. Request: Annexation and Zoning of 40.49 acres of land from RUT to the R-8 (13.38 acres), R-15 (24.17 acres), and C-C (2.95 acres) zoning districts. B. Request: A Preliminary Plat consisting of 249 total lots (124 single-family residential lots, 79 townhome lots, 4 multifamily lots, 4 commercial lots, 34 common lots, and 4 other lots) on 38.95 acres of land. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 704 Item#28. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/16/2021 Legend DATE: ' nEJ El Project Location TO: Mayor&City Council - - FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2021-0046 Centerville Subdivision LOCATION: The site is located at 4111 E. Amity Road -- (including the outparcel to the south)andi 5200 S. Hillsdale Avenue,at the - southeast corner of S. Hillsdale and E. CH Amity, in the NW'/4 of the NE'/4 of Section 33,Township 3N.,Range lE. I. PROJECT DESCRIPTION Annexation&Zoning of 40.49 acres of land from RUT to the R-8 (13.35 acres) and R-15 (27.14) zoning districts with a concept plan showing 159 single-family units and 168 multi-family units and a preliminary plat consisting of 190 total lots (124 single-family residential lots, 35 townhome lots, 2 multi-family lots, 1 commercial lot, 1 clubhouse house, and 27 common lots) on 38.95 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 40.49 acres(R-8— 13.35 acres;R-15—27.14 acres) Future Land Use Designation Medium Density Residential&Mixed Use Neighborhood Existing Land Use(s) County residential and vacant land Proposed Land Use(s) Detached single-family residential;townhome residential; future multi-family residential;and a Daycare. Lots(#and type;bldg./common) 190 total lots—124 single-family residential lots,35 townhome lots,2 multi-family lots, 1 commercial lot, 1 clubhouse house,and 27 common lots Phasing Plan(#of phases) Proposed as four(4)phases Number of Residential Units(type 327 total units— 159 single family; 168 apartment units of units) (not technically a part of this application;future CUP application is needed) Density(gross&net) Gross(overall)—8.39 du/ac.(327 units/38.95 acre plat); Net—12.54 du/ac.(per submitted plans,excludes: ROW,shared drives,daycare lot,and common area) Page 1 Page 705 Item#28. Description Details Page Open Space(acres,total 5.64 acres of qualified open space OVERALL [%]/buffer/qualified) (approximately 14.48%).Further analysis below in Section V.J. Amenities At least€su(4)five 5 qualifying amenities(does not inelude fUtUFe multi family amenities)—Open space in excess of the requirements,picnic area with benches and shade structure,children's play structure,clubhouse and pool,and public art. Physical Features(waterways, Cunningham Lateral bisects the southwest corner of the hazards,flood plain,hillside) property—no floodplain on property. Neighborhood meeting date;#of June 3,2020;June 16,2021—23 attendees attendees: History(previous approvals) No application history with City of Meridian B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Study Yes(review ACHD Staff Report for specifics; Staff analysis is below in es/no Section V.C) Access Two new accesses are proposed via new local street connections—One to E. (Arterial/Collectors/State Amity along the north boundary and one to S.Hillsdale along the west Hwy/Local)(Existing and boundary. Other access is proposed via two stub street extensions. Proposed) Stub Applicant is proposing to extend two stub street connections—W.Macumbo St. Street/Interconnectivity/Cross from the east(Rockhampton Subdivision of Boise)and, S.Bleachfield Ave. Access from the south boundary(Howry Lane Subdivision). Traffic Level of Service Amity Road(between site and Eagle)—Better than"B"(1.474/1,540 VPH) Amity Road(between site and Cloverdale)—Better than"B"(182/425 VPH) - Both segments of road are shown as level"F"when proposed project is added into existing traffic counts. Existing Road Network Amity Road and S.Hillsdale are existing.All internal roads proposed would be new development. Existing Arterial Sidewalks/ No sidewalks or buffers along Amity Road frontage nor Hillsdale Avenue Buffers frontage(collector street) Proposed Road Capital Improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP): Improvements • Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Amity Road to Victory Road in 2021-2022. • Cloverdale Road is schedule in the IFYWP to be widened to 5-lanes from Amity Road to Victory Road in 2025. • The intersection of Eagle Road and Amity Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg,4-lanes on the south, 4-lanes east,and 4-lanes on the west leg and is currently under construction. • The intersection of Cloverdale Road and Amity Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg,4-lanes on the south leg,4-lanes on the north leg,2-laneson the east leg and 2-laneson the west leg in 2025. • Amity Road is listed in the CIP to be widened to 3-lanes from Eagle Road to Cloverdale Road between 2036 and 2040. Page 2 Page 706 Item#28. Description Details Page Fire Service • Distance to Fire Station Approx. 2.9 mile from Fire Station 44(Boise Station 14 is 2.7 miles away) • Fire Response Time This project does not fall within the Meridian Fire response time goal of 5 minutes.If Station 7 is approved,response times will improve. • Resource Reliability Fire Station#4 reliability is 78%(below goal of 80%). • Risk Identification Risk Factor 2—residential with hazards(multi-family and waterway) • Accessibility Proposed project meets all required access,road widths,and turnarounds. Proposed phasing plan shall be adhered to;any changes in the phasing shall be approved by the Fire Department. Applicant shall have strict adherence to proposed phasing plan. Police Service • Distance to Station Approximately 5.6 miles from Meridian Police Department • Response Time Approximately 4.5-minute response time to an emergency. • Call Data Between 7/1/2019-6/30/2021,the Meridian Police Department responded to 900 calls for service within a mile of the proposed development.The crime count on the calls for service was 71. See attached documents for details. Between 7/1/2019-6/30/2021,the Meridian Police Department responded to 25 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None West Ada School District Estimated Additional School 123 estimated children at full build out(.7 per SF dwelling, .1 per MF dwelling) Aged Children • Distance(elem,ms,hs) 0.2 miles to Hillsdale Elementary 1.7 miles to Lake Hazel Middle School 5.miles to Mountain View High School • Capacity of Schools Hillsdale Elementary—700 students Lake Hazel Middle School— 1,000 students ' Mountain View High School—2,175 students • #of Students Enrolled Hillsdale Elementary—626 students Lake Hazel Middle School— 1,029 students Mountain View High School—2,457 students School of Choice Options • Christine Donnell Elementary(Arts)—2.8 miles away(505 enrolled w/capacity of 500) • Spalding Elementary(STEM)—4.3 miles away(677 enrolled w/capacity of 750 Wastewater F • Distance to Sewer NA Services • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining 14.17 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns •Additional 15,709 gpd committed to model. •Ensure no permanent structures(including but not limited to trees,bushes, buildings,carports,trash receptacle walls,fences,infiltration trenches,light oles,etc. are built within the utility easements. Page 3 Page 707 Item#28. Description Details Page Water • Distance to Services 0' • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns •Ensure no permanent structures(including but not limited to trees,bushes, buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. COMPASS—Communities in Motion 2040 2.0 Review Housing w/in 1 mile 3,190 Jobs w/in 1 mile 670 • Ratio 0.2—Indicates an employment need(ratio between 1-1.5 is considered healthy ratio) Farmland Consumed? Yes Nearest Bus Stop 2.6 miles Nearest Public School 0.1 miles Nearest Public Park 0.1 miles Nearest Grocery Store 2.4 miles(an Albertson's grocery store is under construction within 0.75 miles) Recommendations See agency comment section for link to full file. Distance to nearest City Park 1/4 mile to Hillsdale Park and YMCA(9.54 acres in size)directly west of the (+size) project. Page 4 Page 708 1 1 1 i1111;;" IIIII p 111111 .� Y� �r..^.y �,�� V •.+:+sue I t4� .�. .111111111, ■ll � •':711 1 `N1= .�' — •�•1� nnnmm � _. Illlli IIIIIIIIIIY:I ■a►Y■1 1 Iln'. Ih�I�flfl� i iin �nlr, - • - • _ - Ills I ss,,�� � -� _ uni �i1i1>���1r■z�.A'M.ITY _ AMITY = :: It, r ['yi eLU ii� e W - 1 1 ■a'llllnln_II n rl —"v::'-- 1t q W � 111 ••in r _ 1111■ 9 - - r_-f�. ■111 1111 JIIII - 111� •Iln � ' n 1111a MIS ...1111111: L 11111 S-••LLi: - 1111111 _11111111 C •NNNNNnN 11111111�_ _- ', QQ �:.. ��■NNNNNII - �11111111� IIIIIIIII IIIIIIIIII 7 - _ 1'4l moom • - • �`�i ' - • - • ��i-�--n + rnnnnr f ��.-.�wi■ti 111111 111111►.i" � _ - .1111111111_ ---■ - - - - - llllln IC:�E 1111E '�1___' .IE111�1i�1►-, -- = • 11111111� � �-�-Ir� ■milli �- •nnnu _n11` - -1nn II onm - `11:-- rn1r1 --u�s�Ju ' nnm=i� 1 m�1 ' unr�II'L n n1. • . -. •. - EF7C71-1-1.1:1 al.�1c7C•1-]�°-. 1 iuNi' 1 nlr; lip .,. Nonni • 7111- ��• mmm -�+,'�� Is -- --- lug �����I •N:J�■177 Y �1�1� NII �..• F 1� �.�illr-��� 14�Illq nnn *I AMID — -- •--AMITY- - _ -- r r 9 J / �� lil • �' unnnmr � �„ 1 �. - 111� Q— 1111 1111 �-••-�, xr Ha,llllnm_lEugn -n:.::.gip , �W hips _IE-oil I j `=�� =��rn �.� _ , � A � I ■mod-_ --rIN.<v" �p YI�� 1 _��; ■ = C- III v1� 1 _�i�■ ,= �_ III 111 _- �� r 11 Ir IIIIIIN, .11 _ q`� � 1 11 1■ IIIIIIJ�- m1 Iu� _NI 1 6• In , 1n'+-�_ p nw■ aii 1,I�NI 1 '� nu ' 111��_ nn Inl nn1 - m �nn■�punn nn 11111 - 111 •,IIIUN p L - '111111: _ • •nu11N�_ = L - '111111: -- nlllll p 11111 �-�Ilnli• nlllll p- 11111 - �:.:: 11111111 r:unm =nano= mm��inunnl c- 2:nnm slim a :nmm= noon�nunm.- = 1 1 , • , rr i • i. • 1 • 1 � 1 � 1 ' 1.1 1 / i r� Item#28. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/23/2021 10/31/2021 Radius notification mailed to properties within 500 feet 7/20/2021 10/28/2021 Site Posting 8/1/2021 11/5/2021 Nextdoor posting 7/20/2021 10/28/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridiancitE.or /g comQplan) The subject project area contains two future land use designations,Mixed-use Neighborhood (MU-N) and Medium Density Residential(MDR),with the MDR designation taking up a larger area of the project, approximately 80%of the project area. Mixed-Use Neighborhood(MU-N)—The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services.Non- residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree- lined,narrow streets are encouraged. Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject property has two future land use designations on the property, as noted directly above. The majority of the site is designated Medium Density Residential(approximately 31 acres to 8 acres of MU-N) which calls for a different type of lot size and density than the Howry Lane Subdivision directly to the south which is designated as low density residential(LDR). The subject project is comprised of three county parcels located at the southeast corner of E. Amity and S. Hillsdale, directly east of Hillsdale Elementary and the South Meridian YMCA. The relatively small area of MU-N on this site is part of a larger mixed-use area further to the west that encompasses approximately 70 acres. Approximately half of this mixed-use area is approved for residential development(Hills Century Farms North)with the remaining area being comprised of commercial zoning that includes self-storage, an urgent care, medical/dental offices, assisted living facility and some vacant commercial lots. Therefore, the applicant has not proposed to incorporate additional neighborhood serving uses and meet all of the comprehensive plan policies for this designation. Instead, the Applicant is proposing a mixed-use residential project more in line with the MDR designation. However, the proposed and approved commercial uses in this mixed-use area to the west have not been neighborhood serving uses and instead more community serving uses have been constructed; uses intended to be utilized by the nearby neighborhoods AND areas further away. The Applicant is including a lot along S. Hillsdale Ave. within the requested R-1 S zoning district Page 6 Page 710 Item#28. to be a future daycare facility that is consistent with neighborhood serving uses envisioned by the comprehensive plan for this area. Staff is unaware of future uses in the undeveloped commercial lots along Amity that are part of the adjacent project however, additional neighborhood and community serving uses may develop in the area. In addition, Staff does not find it feasible to anticipate future residents of this development to walk to the new Albertson's grocery store being constructed at the northwest corner of the Eagle/Amity intersection which is approximately Y, of a mile to the west because it will require three arterial street crossings with the new roundabout design. However, a grocery store within a mile of the proposed development is still a benefit to this development and this area of the community.Additional school capacity is anticipated by the school district who owns the 40 acres directly northwest of the proposed development. Staff does have concerns with the lack of neighborhood serving uses in this area. Staff believes replacing two of the multi family buildings at the southeast corner of Hillsdale and Hill Park with a multi-tenant commercial building may include neighborhood commercial users like a restaurant, salon, convenience store, or other retail businesses. Therefore, Commission and Council should determine if more commercial is desired for the development. In addition to the preferred uses and some site design elements of the project, the future land use designations also determine the allowed gross density. The existence of two designations within the project determine how the calculation of density can occur for this project. Overall, the Applicant is proposing an overall gross density of 8.4 du/ac which, when rounded down per the comprehensive plan allowances, is at the maximum allowed density of the MDR designation (3-8 du/ac).In addition, it should be noted that this density includes 168 multi family units that are not apart of the current application requests and will require future Conditional Use Permit(CUP) approval from the City. Staff has analyzed the density of this project with the inclusion of the multi family units as that is the intended use and intensity of the site. The MU-N designation allows residential uses at a gross density range of 6-12 du/ac and each designation's "boundary"can be used throughout the project because future land use designations are not parcel specific. The Applicant has proposed transitional lot sizes and density within this project along the perimeter to match the lot sizes of existing development to the east and south. Smaller lot sizes are proposed towards the interior of the project culminating in the multi family lots (highest density) along the west boundary and at the very northwest corner of the development. On the submitted preliminary plat, the Applicant has provided three (3)gross density calculations for the project based on overall area and the two requested zoning designations and their areas, the R-8&R-1 S zoning districts—all three calculations fall within the allowable ranges for the MDR and the MU-N designation. If you were to take only the multi family area, the gross density is approximately 20 units to the acre. Because of the transitional density proposed in the project, Staff is taking the overall gross density calculation and analyzing it against the MDR density range(3-8 du/ac), the more restrictive density range of the two applicable future land use designations. As noted above, the overall gross density proposed lies near the absolute maximum allowed(8.4 du/ac can be rounded down to 8 du/ac per the comprehensive plan)for the future land use designation of MDR. For this simple fact, Staff recommends a reduction in the maximum number of multi family units allowed with a future CUP to bring the overall density below the 8 du/ac without needing to utilize the allowable rounding. Staff has calculated that this would require a loss of 16 multi family units throughout the site. However, in addition to the general density discussion for the proposed development, Staff finds it pertinent to discuss the Community Planning Association of Southwest Idaho (COMPASS)data provided to the City for this development. In that document COMPASS has noted an approximate job to housing ratio within Page 7 Page 711 Item#28. one(1) mile of the project site of 0.2 which indicates a need for more employment in this area (a healthy ratio, according to COMPASS, is in the 1.0—1.5 ratio). Two factors play heavily into this calculation—the number of housing units and the amount and type of commercial uses in the area. Staff has already discussed concern with the amount of neighborhood serving commercial in the immediate area of the project site but neighborhood character, traffic, and overall density also play roles in the amount and design of the future multi family component of this project. Mixed-use designations call for multi family residential to be nearby commercial development and arterial streets but with the proposed gross density, existing character of the surrounding areas, and E.Amity operating at a LOS E(worsening with the proposed development with no plan to expand until 2036),Staff finds that limiting a majority of the multi family units to two- story structures instead of three-stories is prudent planning and would bring the overall density of the project down to a level that is more serviceable by existing transportation facilities, emergency services, and schools.Please see comments from applicable agencies and departments in regards to these points. Staff has included a DA provision in Section VIILAI to limit the heights of all of the apartment units to two-stories except for the two 24 plex buildings in the second row of the multi family area,per these discussion points. If Commission and Council determine additional neighborhood serving uses should be incorporated into this development, this will also impact the number of multi family units that can be constructed on the site.At a minimum, this would be a reduction of 40 multi family units bringing the overall gross density of the Centerville Subdivision to 7.37 du/ac. It will reduce the number of cars on the road, the number of children in our overcrowded schools, and more appropriately match the heights of homes proposed in this development, detached or otherwise.If it is found by Commission and Council that additional neighborhood serving uses should be added and a further reduction in residential units is warranted, it would provide better transition from Hillsdale Avenue and help the project be more consistent with the Comprehensive Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section HII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan): As discussed above,the proposed project includes an area that is designated as Mixed-Use Neighborhood.Because this project has a relatively small area of this larger mixed-use area Staff does not find it necessary to discuss the project in accord with each mixed-use policy. However, some policies are still applicable and have been included below. The applicable Comprehensive Plan policies are cited below with Staff analysis in italics: "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01G). Centerville Subdivision proposes different housing types and lot sizes within the project to include single-family detached, alley-loaded townhomes,front-loaded townhomes, and multi family units (future Conditional Use Permit submittal). The Applicant is proposing the detached single-family with varying lot sizes that get smaller towards the interior of the site. Staff finds the proposed housing diversity would offer new housing types in the immediate area as a majority of the area is comprised of standard detached single-family lots. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices"(3.07.01A). The Page 8 Page 712 Item#28. proposed site design incorporates transitional densities and lot sizes from the existing residential development to the south and east(Rockhampton Subdivision of Boise). The Applicant has matched the property lines of the properties directly abutting the east and south boundaries to ensure compatible lot and home sizes to those existing homes. The lot sizes decrease and the density increases towards the interior of the site culminating in an area of multi family residential along S. Hillsdale Avenue and a commercial lot for a future daycare facility. Staff finds the proposed project is compatible with surrounding residential development because of the transitional densities proposed. S. Hillsdale Avenue, a collector street, abuts the site along the west boundary with E. Amity Road, an arterial street, abutting the northern boundary. The Applicant's choice to place the highest density residential and the commercial lot along these corridors is a best design practice. Furthermore, as discussed above, other commercial uses are constructed or planned on the west side of Hillsdale in addition to a community park, a YMCA, and the Hillsdale Elementary School. Stafffinds the inclusion ofmulti family residential nearest to the commercial uses but separated by the required landscape buffer and a collector street creates a compatible project with all surrounding uses. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing network abutting the site to the east and north,per Public Works comments. Subsequently, all public utilities will be extended at the Applicant's expense in order to connect to the existing services within the right-of-way. Currently, this project is not within the Fire Department's response time goal offive (5) minutes. Per Meridian Fire comments, construction of Station 7 next to Discovery Park would help in response times for this area. Currently, a majority of the residential development to the south and southwest are also outside of the response time goal. West Ada School District has offered comments on this project and estimates 123 additional school aged children from this development. Hillsdale Elementary abuts the subject site directly to the west. In addition, there are schools of choice in this area and are noted in the community metrics section in Section II above. The Applicant has discussed with ACHD and the school district to incorporate a new dedicated crossing at E. Hill Park Street and S.Hillsdale to help elementary aged children and parents walk to the school and the YMCA. The adjacent roadways will be impacted by this development, as discussed above and in the Access section in this report. Therefore, Staff has recommended lesser density and more commercial to improve the walkability of this area of the City. See Section VII.F for access and transportation analysis, including Traffic Impact Study summary and analysis. "Preserve,protect, and provide open space for recreation, conservation,and aesthetics" (4.05.01F). The proposed project offers open space that exceeds the minimum requirements in the unified development code (UDC) and includes a large centralized open space area that is slightly under 2 acres in size and is easily accessible via pedestrian connections from anywhere in the project. In addition, the entire development will share the open space and amenities which add to the walkability and usability of the open space within this development. The proposed centralized open space and pedestrian connectivity to it is an example of what the comprehensive plan and our development code currently aims to deliver to Meridian residents. "Require pedestrian access connectors in all new development to link subdivisions together and to promote neighborhood connectivity as part of a community pathway system." (6.01.0111). The Applicant is proposing to extend the two streets stubbed to this property which includes extending Page 9 Page 713 Item#28. the attached sidewalks into this development.Around the perimeter and throughout this development,pedestrian facilities are proposed that would be needed additions to the sidewalk network in this area of development for both Meridian and Boise. In addition, the Applicant is proposing to work with ACHD to construct a dedicated crossing at Hill Park Street and Hillsdale so there is an additional safe route to Hillsdale Elementary on the west side of the adjacent collector street. "Support the inclusion of small-scale neighborhood commercial areas within planned residential developments as part of the development plan,where appropriate." (3.06.02A). With the inclusion of the Mixed-Use Neighborhood future land use designation on this property, the Applicant has decided to propose one commercial lot with this project; the subject lot is shown as a future daycare facility. No other commercial uses are proposed for the development. Further analysis is above in the previous section including a recommendation that the development lose units and include more neighborhood serving uses. Mixed Use Policies: "Community-serving facilities such as hospitals,clinics, churches, schools,parks,daycares,civic buildings, or public safety facilities are expected in larger mixed use developments." The Applicant is proposing one commercial building lot that is to be reserved for a future daycare facility. Staff appreciates its inclusion into the project. "Residential uses should comprise a minimum of 40%of the development area at gross densities ranging from 6 to 12 units/acre." The MU-N designation on this site is part of a larger mixed use area further the west and includes approximately 70 acres overall. Based on rough calculations and including the proposed future multi family component of this project, this MU-N area will be comprised of approximately 58%residential development, exceeding the minimum amount of 40%noted in this policy. "Three specific design elements should be incorporated into a mixed use development: a)street connectivity,b)open space,and c)pathways."Although no multi-use pathways are required with this development due to one already in existence on the west side of S. Hillsdale Avenue and none being shown on the Master Pathways Plan adjacent to the development area, the Applicant is proposing to construct a multi-use pathway segment along the Amity frontage. Furthermore, the subject development is proposed with sidewalks and micro pathways throughout the project that connect open space, amenities, the commercial lot, and the perimeter pedestrian facilities.All of these facts make the open space and pedestrian connectivity component of the project compliant with this policy. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Access(UDC 11-3A-3): Main access to the project is proposed via two new local street connections—one to S. Hillsdale Avenue(collector street)and one to E. Amity Road(arterial street). In addition,the Applicant is extending two local stub streets into the site—one from the east(W. Macumbo Street) and one from the south(S. Bleachfield Avenue). The two local street connections are both located near the southeast corner of the project but do not directly connect. Originally,they did connect more directly but at the first neighborhood meeting concerns were raised about cut-through traffic. So,the Applicant revised the road layout to replace that street connection with a pedestrian connection. The Access from Amity Road aligns with an approved access to the Shelboume South Subdivision located on the north side of Amity and has been approved by ACHD(further analysis is below in the Traffic Impact Study section). The Hillsdale Avenue access aligns with E. Hill Park Street on the west side of the Page 10 Page 714 Item#28. collector street and is proposed to provide the main accesses to the future multi-family residential and the daycare facility. Upon review by ACHD,the successive driveways proposed on the Hill Park Street extension did not meet district offset policies for full accesses. So,the Applicant added a 10-foot wide landscaped median 75 feet into the site to restrict the first two driveways to right-in/right-out only accesses. ACHD approved this revision, as seen on the revised preliminary plat. Staff supports this change in the traffic patterns to help assist with ingress and egress for the multi-family area of the site. This does not affect the overall traffic patterns for the site. Per the submitted plat and concept plan, the multi family area of the site is separated by one of the main entrances to the site, E. Hill Park Street. This segregation of areas includes the Clubhouse and Pool being on the opposite side of Hill Park Street from the highest number of multi family units.Although the Applicant is showing striping across this public road to help delineate the pedestrian walkway, Staff does not find this offers enough traffic calming for this anticipated high-trafficked pedestrian crossing. Therefore, Staff is recommending a condition of approval to add an approved traffic calming measure at the pedestrian crossing shown on the east side of the clubhouse lot traversing E. Hill Park Street. Traffic Impact Study Analysis: The proposed project proposes more than 100 units and therefore requires a Traffic Impact Study (TIS). The Applicant's traffic impact study has been analyzed by ACHD and specific conditions of approval are outlined in their staff report(see exhibit VIII.1). Despite ACHD analyzing and discussing the TIS in their own report, Staff finds it necessary to highlight the main points of discussion and road improvement requirements, specifically those related to the main access points for the project. According to the TIS, the proposed development is estimated to generate 2,599 additional vehicle trips per day and 266 additional trips per hour in the PMpeak hour. Both the TIS and ACHD recommend multiple improvements to the adjacent public roadways with the first phase of development for Centerville Subdivision due to the level of service on Amity Road reaching level "F"once 60 additional PMpeak hour vehicle trips are generated, which equates to the first phase of development. Below are the required improvements that Staff is also including as DA provisions: Summary of Improvements Re uired by ACHD Intersection Improvement Threshold Hillsdale Avenu&Amity Road Interim Signal 60 RIu1 peak hour trlps Amity Road/Amorita Avenue Dedicated eastbound right-turn With first phase of lane and westbound left-turn development lane Amity Road is scheduled to be widened to a 3-lane arterial between 2036 and 2040 and the TIS recommends placing this corridor as a high priority corridor to move the road widening project up in the ACHD CIP. In the interim, the turn lane improvements will be required with the first phase of development to help mitigate traffic concerns and provide safer traffic movement at the Amity Road project entrance. The Hillsdale Avenue/Amity Road intersection is shown on the Master Street Map to be reconstructed with a single-lane roundabout in the future but there is currently not enough right- of-way to require its construction at this time. Instead, the TIS and ACHD require an interim signal be installed at this intersection. Staff anticipates the improvements required by ACHD should help traffic flow and provide safer access to and from the proposed development. Page 11 Page 715 Item#28. In addition to vehicular improvements to the adjacent public roadways, safe pedestrian access to Hillsdale Elementary to the west is discussed within the TIS and was of great concern by adjacent residents. In response, ACHD recommends installing a Rapid Rectangular Flashing Beacon (RRFB) crossing at either the Rockhampton/Hillsdale intersection south of this project or at the Hill ParklHillsdale intersection. The Applicant and West Ada staff have discussed this and the Applicant has proposed to construct this dedicated crossing at the Hill Park/Hillsdale intersection because there is an existing crossing just south of the Rockhampton/Hillsdale intersection. This would offer an additional safe crossing for current and future residents to access the public facilities on the west side of S. Hillsdale Avenue. As additional residential density is added to this area, the mitigation methods utilized by the Applicant becomes increasingly important.In addition, expected road improvements and right- of-way requirements are important analysis factors in determining if a project should be annexed and approved for development. Therefore,Staff does have concern over the estimated increase of traffic from this development to this area with Amity Road in its current two-lane configuration.However, the required mitigation improvements may help disperse the added traffic from this development, according to the TIS and ACHD.As noted above, this factors into staffs recommendation to limit the future multi family residential to 128 units(a loss of 40 units) and reduce the overall density by one(1) unit per acre to 7.34 du/acre. D. Existing Structures/Site Improvements: The subject development consists of 3 parcels and originally contained two homes with associated accessory buildings. The home located along Amity Road is still on the property and the property is currently being used for agricultural production—it will be removed prior to development of the property. The manufactured home in the southwest corner of the site was removed in 2021.No other site improvements are currently known. E. Proposed Use Analysis: The Applicant is proposing multiple uses and different types of residential uses within this development—daycare facility, detached single-family, front-loaded townhomes,alley-loaded townhomes, and multi-family residential. In addition,a clubhouse with a pool is shown on the preliminary plat and is intended to be used by entire development,not just the future multi- family. Multi-family residential is a conditional use in the R-15 zoning district per UDC Table 11-2A-2 and is not a part of the application requests at this time—the Applicant will be required to submit a future CUP application if the Annexation and Zoning and Preliminary Plat requests are approved and conceptually include the multi-family residential use as proposed. All other proposed residential uses are principally permitted uses in the R-8 and R-15 zoning districts. Townhome single-family residential requires Design Review so Staff will analyze the proposed elevations in more detail with that future application. The Applicant has provided a phasing plan notating the project is to be constructed in four(4) phases and shows a majority of the single-family portion of the site to be developed in the first two phases and includes the accesses to Amity and Hillsdale Ave. and the large central open space in the first phase of development. The phasing plan shows the extension of the existing stub streets into the site and the remaining detached single-family occurring with the second phase of development. A majority of the multi-family is proposed with phase 3 and would also include the daycare facility. Lastly,the proposed clubhouse and pool,the remaining multi-family, and the only front-loaded townhomes (at the very southwest corner of the site)is proposed with the fourth and final phase of development and is located in the southwest quadrant of the project. As discussed in the comprehensive plan analysis sections above, Staff finds the proposed uses and the proposed transitional densities/lot sizes offer appropriate and adequate transition from the Page 12 Page 716 Item#28. existing neighborhoods. With Staffs recommended revisions to the multi family building heights, Staff finds the proposed development would not only be compatible with the surrounding neighborhoods but also enhance the existing character of this area. Specifically, all of the detached single-family lots proposed along the south and east boundaries are nearly identical in size and almost align with the existing lot lines of the adjacent residential developments. The Applicant has proposed these homes and those directly across the new local street to be within the R-8 zoning district which matches the zoning to the south (Boise zoning is different than Meridian's but the R-8 zoning is comparable to that zoning of the Boise subdivision to the east). The remaining area of the site is proposed with the R-15 zoning district and the next band of building lots proposed are smaller in lot size as they move closer to the centralized open space and are still detached single-family building lots. West of the centralized open space and acting as a transitional housing type between the detached component of the project and the multi family component is a block of alley-loaded townhomes that are multiple three Alex buildings. These homes have their front doors facing to the east towards a new local street and utilize the easternmost drive aisle of the multi family development for vehicular access to a tuck under garage. This allows a parkway with street trees to be incorporated into the streetscape of this street(shown as S. Stockport Way)and offers both a more attractive streetscape and a different housing type for this development. In addition, Stafffinds it is a practical and appropriate transitional housing type between traditional detached single-family and the proposed multi family along Hillsdale Ave. The Applicant is also reserving a building lot for a future daycare facility at the northeast corner of the Hill Park Street and Hillsdale Avenue intersection. This use is permitted by right in the requested R-15 zoning district so there is no need to propose any commercial zoning to include this use. To help ensure this use is constructed, Staff is including a DA provision that Lot 30, Block 1,per the submitted pre plat, is reserved for a future daycare facility only. Staff notes that the inclusion of this commercial use is precisely what this area calls for and needs as more residential homes are constructed and because it is located so close to an elementary school. Because of these facts, Staff is recommending that this lot be platted with Phase I development instead of with Phase 3 as currently shown on the proposed phasing plan. Staff understands the daycare use is currently in high demand throughout the City so including its platting with Phase I is logical. This does not require that it is constructed with Phase 1 but it gives the Applicant more opportunity to construct it earlier in the process than with Phase 3 (likely years after Phase 1) as currently proposed. With Staffs recommended revisions noted throughout the staff report, Stafffinds the proposed uses within this development match and enhance the existing neighborhood and commercial character of the immediate area. F. Dimensional Standards(UDC 11-2): The proposed building lots appear to meet all UDC dimensional standards for the requested R-8 and R-15 zoning districts in lot size, lot frontage, and proposed uses. All subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The Applicant has proposed two common driveways as part of the detached single-family portion of the site(Lot 28, Block 3 &Lot 11, Block 5). Code has recently been revised to limit the number of units taking access from a common drive to four(4) total units, with no more than three (3) being allowed on one side of the drive. The submitted preliminary plat shows three (3) units taking access from each common drive. Staff ,finds the proposed project complies with the subdivision design and improvement standards. Page 13 Page 717 Item#28. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family and multi-family dwellings based on the number of bedrooms per unit. The single-family portion of the site(townhomes and detached)must comply with these standards and will be confirmed at the time of building permit submittal. Note: all local streets are proposed as 33 foot wide street sections which allow for on-street parking where no driveways or mailboxes exist. On-street parking cannot count for the number of off-street parking spaces required for detached single-family residential. The Applicant has provided data regarding the future multi family portion of the site on the submitted preliminary plat and shows 28 parking spaces in excess of code requirements based on the original request of 168 units (358 total spaces proposed; 330 minimum required). It is not clear if this parking includes the spaces required for the clubhouse which has been required to include parking at the standard nonresidential ratio of one space for every 500 square feet of gross floor area. The Applicant is showing dedicated parking for the daycare facility but the size of the building is not yet known so Staff will ensure adequate parking is included for that use with a future Certificate of Zoning Compliance application. A future CUP application will verify the minimum number ofparking spaces required for the multi family development based on the number of bedrooms per unit and the required guest parking(1 space for every 10 units) that should be in effect at the time of CUP submittal. Furthermore, with Staffs recommended reduction in multi family units,parking should not be an issue for the multi family area. The Applicant did not submit a separate parking plan for review. H. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along all of the proposed local streets serving the detached single-family homes. 5-foot wide detached sidewalks with parkways are proposed adjacent to S. Stockport Way(the dividing street between the detached and townhome products), along E. Hill Park Street(the entrance to the site from Hillsdale Ave.),throughout the future multi-family development, and along both Hillsdale Ave. and Amity Road. The proposed sidewalks meet the standards listed in UDC 11-3A-17. The sidewalks in this development create connections throughout the project including to and from the multi-use pathway segment along Amity Road to the large open space area in the center of the development. All open space areas also appear to be directly adjacent to sidewalks and include micro paths which add to the pedestrian accessibility of the development and surrounding neighborhoods. Specifically, this development would add additional and safe routes to Hillsdale Elementary by extending existing pedestrian facilities from the adjacent subdivisions. In addition, the Applicant has worked with ACHD and West Ada School District to include construction of a dedicated Rapid Flashing Beacon (RRFB) crossing from this development to the west. This crossing is proposed at the intersection of E. Hill Park and S.Hillsdale and would provide an additional safe crossing for children from all areas east of Hillsdale Ave./Stockenham Way to get to and from school, the YMCA, and the public park safely. Therefore,Staff supports the sidewalk and overall pedestrian facilities for this development. I. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to E.Amity Road,an arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. At least a 35-foot wide common Page 14 Page 718 Item#28. lot is depicted along Amity Road on the revised preliminary plat and the submitted landscape plans appear to show landscaping in excess of code requirements. A 20-foot wide landscape buffer is required adjacent to S. Hillsdale Avenue,a collector street— the revised plat and landscape plans also show compliance with this requirement. The submitted landscape plans appear to show the correct amount of landscaping per the UDC standards for the landscape buffers. Landscaping is required along all pathways (including micro-pathways) in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of all pathways with the required and proposed number of trees are not included in the Landscape Calculations table on the submitted landscape plans. This should be corrected prior to Final Plat submittal. However,the correct number of trees appear to be shown on the submitted plans. The Applicant has proposed a micro- path in the southeast corner of the site to connect two blocks and the correct number of trees is shown on the landscape plans but there are no trees shown adjacent to the pathway to offer any shade. The pathway segment is slight over 100'which requires only one tree adjacent so the Applicant should move one tree from a portion of this common lot and place it next to the pathway to comply with UDC 11-3B-12C. The Cunningham Lateral currently bisects the very southwest corner of the project site so the Applicant is proposing to pipe and reroute this lateral placing it along the southern and eastern property boundaries in this area of the site. To help this area be more than simply a wide swath of grass, the Applicant is proposing a gravel path over the lateral that circumvents the front- loaded townhomes and connects from S. Hillsdale to one of the internal streets. Because of the irrigation easement associated with the lateral, no trees are allowed within its easement which presents an issue since the Applicant's open space exhibit shows this area as qualifying open space.In order to qualify as open space, the Applicant is required to landscape this area per code. With the encumbrance of the irrigation easement, the Applicant should submit for Alternative Compliance with the first Final Plat application to propose how the existing landscape plan meets or exceeds code requirements or propose an alternative that meets these standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table and meets UDC requirements. J. Qualified Open Space (UDC 11-3G): Despite multi-family residential being the focus of a future CUP application the open space exhibit submitted by the Applicant is intending to show compliance with the standards for both the standard 11-3G-3 and the multi-family specific use standards in UDC 11-4-3-27. A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the overall development,including the multi-family portion of the project. Based on the proposed plat of 38.95 acres, a minimum of 3.9 acres of qualified common open space should be provided to satisfy the requirements of 11-3G-3. In addition,because there is a multi-family development within a residential zoning district,the common open space standards listed within the specific use standards,UDC 11-4-3-27, also apply. Based on the requested number of multi-family units of 168,the minimum amount of open space required to satisfy the specific use standards is 0.96 acres of common open space. However,with Staff s recommended cap of 128 multi-family units, the minimum amount required would be 32,000 square feet, or approximately 0.74 acres. Combined,the required amount of minimum qualifying open space that should be provided is 4.86 acres,without Staffs revisions in place.This is reduced to 4.64 acres if Staffs Page 15 Page 719 Item#28. recommendations are approved.The Applicant's open space exhibit shows a total of 5.64 acres(approximately 14.5%) of qualifying open space but it is unclear exactly how much of this area is for each code section.Regardless,the total amount exceeds the minimum required and it is clear per the open space exhibit and the landscape plans that the minimum 10% open space is met with this preliminary plat(see Exhibit VII.C). The future CUP application for the multi-family development will be required to show that the open space requirements in the specific use standards are met.The qualified open space consists of the required street buffers,the large centralized open space lot,and other smaller open space areas throughout the site that include additional pedestrian connectivity through the site. These areas exceed the minimum UDC requirements. K. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(38.95 acres), a minimum of two (2) qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C. The future CUP application and Commission meeting will determine the number of amenities required per UDC 11-4-3-27 for the multi-family portion of the site because it is proposed with over 100 units. The applicant proposes at least four(4) qualifying amenities to satisfy 11-3G-3 requirements; open space in excess of the requirements,picnic area with benches and shade structure, children's play structure, and public art. The Applicant is showing a clubhouse with a pool and tot-lot in the southwest area of the site and another tot-lot area in the northwest area of the site. These are located within the multi-family area of the development but all open space and amenities would be shared by everyone in the development. With the future CUP application,the Applicant will be required to show the amenities proposed throughout the entire site are enough to satisfy the specific use standards for multi-family development; additional amenities above what are being shown on the concept plan may be required. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the submitted landscape plans and appears to meet UDC requirements. M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The applicant has submitted conceptual renderings of the housing types proposed with this project.Attached single-family homes(townhomes) and multi-family structures require Administrative Design Review(DES)approval prior to building permit submittal and will be handled with those future application submittals. The conceptual renderings submitted for all building types show multiple finish materials, roof profiles, home sizes, and color concepts. Based on the submitted renderings, Staff does not anticipate major issues or changes with future design review applications. Staff will ensure compliance with the ASMfor both the townhome and multi family residential when those applications are submitted. N. Waterways(UDC 11-3A-6): A segment of the Cunningham Lateral crosses the southwest corner of the subject project site. The Applicant is proposing to pipe and reroute this relatively small segment of the lateral and place it along the south and west boundaries of the site to provide more usable area for the development. Fencing and landscaping have been analyzed in other sections of the report that include analysis on the open space proposed over the new lateral easement area. Page 16 Page 720 Item#28. The Applicant's proposal has been analyzed against UDC 11-3A-6 and Stafffinds the proposal to pipe this segment of the Cunningham Lateral is compliant with code. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat application per the conditions of approval in Section VIII and the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 12,2021 and October 21,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Bec McKay,Applicant Representative. b. In opposition: Please see public record here. C. Commenting. Becky McKay; d. Written testimony: A number of written testimonies were submitted, a vast majority of which were against the project. Please see the public record for these records— testimoU. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) public testimony_ a. Allocation of density and lot sizes throughout the site relative to existing residential in the area; b. Desire to have more commercial and less high-density apartments within the project; C. Overall concerns with additional residents in this area and the impact to the roadways and neighborhood elementary school,Hillsdale Elementary; d. Discussions on how Staff measures and analyzes density of projects when multiple future land uses are present within a project site; e. Desire to reduce density further than Applicant proposed with the revised layout and removal of garden-style gpartments, 3. Key issue(s)of discussion by Commission: a. Density of project and inclusion of apartment units in this area of the City; b. Amount of commercial originally proposed and anal, z�y Staff and how it meets the C. Mixed-use Neighborhood future land use designation; d. Ingress and egress for the project site relative to required road improvements to Hillsdale and Amit and subsequent timeline of required road improvements; e. Desire to have more commercial and less multi-family consistent with public testimony at both hearings; £ Support of revised layout that includes more attached single-family, commercial, and a new multi-family use three 4-plex buildings), g_ Amount and availability of parking for the areas surrounding the townhomes and increased commercial lots; 4. Commission change(s)to Staff recommendation: a. Commission did not make any additional changes to the Staff report beyond those noted within the Staff Memo dated October 15,2021 —subsequently, Section VII and Section VIII of this document have been revised to include the revised plans and recommended revisions to the conditions of approval noted in the memo. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 17 Page 721 Item#28. C. City Council: To be heard at future date. Page 18 Page 722 Item#28. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps Legal Description Centerville Subdivision —Annexation A parcel being the NW%<of the NE%of Section 33,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northwest corner of said NW'%of the NE%, from which an Aluminum Cap monument marking the northwest corner of the of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'%of the NE'/<S 89014'44"E a distance of 1330.22 feet to a point marking the northeast corner of said NW'%of the NE%; Thence along the easterly boundary of said NW'%of the NE'%S 0*22'10"W a distance of 1324.15 feet to a point marking the southeast corner of said NW'%of the NE%; Thence along the southerly boundary of said NW'%of the NE%N 89027'31"W a distance of 1329.05 feet to a point marking the southwest corner of said NW'%of the NE%; Thence along the westerly boundary of said NW'%of the NE%N 0°19'12"E a distance of 1329.10 feet to the POINT OF BEGINNING. This parcel contains 40.49 acres and is subject to any easements existing or in use. Clinton W.Hansen,PLS o\NL LANo Land June 24,12021s PC s �<1 TER l�i�,97F of TON Land ibl utilons Centerville Subdivision Job 1 -16 of 1 Survrying anE Consulting Pageage 1 of 1 Page 19 Page 723 Item#28. CENTERVILLE SUBDIVISION - ANNEXATION EXHIBIT THE NW'/4 OF THE NE'/4 OF SECTION 33,T3N, R1 E, BM,ADA COUNTY, IDAHO BASIS OF BEARING POINT OF E. AMITY ROAD 29 28 N89'1518'W 28 BEGINNING E 1 1s _ S89'14'44"E 1330.22' / 1330.22' 28 27 32 Q 33 2660.59' 133 1/4 S89'14'44"E 33 34 Ld o vi a� N o0 z� 2 U O i) o N CF M N TOTAL ANNEXATION AREA = 40.49 ACRES E. HILL PARK ST. u N O �o O N z S Z O 1n �o zo �z Sd� Qo >S �o �m CN 1/16 -- N8927'31W 1329.05' NE 1/16N HOXRY LANE SUBDINSION N0.1 —1 LANE SUBDI SIGN N0.2 J�Qs N o - N i ol� C 1/4 0� S T 0 Q' F 11118 utions- o6fElki ��_ �(�qN �F �pQ �<v Land Surveying and Consulting 0' 150' 300' 600' ti 231 E.STH ST.,STE.A r0/y W.NP MERIDIAN,ID 83642 (208)288-2040 (208)288-2557(ax WWW.a(Id5.Wfl-biz JOB N0.20-16 Page 20 Page 724 Item#28. CENTERVILLE SUBDIVISION - REZONE EXHIBIT THE NW'/4 OF THE NE'/4 OF SECTION 33,T3N, R1 E, BM,ADA COUNTY, IDAHO POINT OF BEGINNING E. AMITY ROAD 29 28 BASIS OF BEARING 28 C-C ZONE N891518 W S89'14'44"E 1330.22' E 1/16 1330.22' 28 27 32 33 2660.59' 1/4 33 L10 681.60' 459.90' S89'14'44'E c I i J 33 34 POINT OF POINT OF I , L l N BEGINNING BEGINNING N ,� w o W¢ 1 R15 ZONE R8 ZONE I� ao N ^ p N J A- > caw IoN a i vi N— "' R-15 ZONE L15 J J AREA=24.17 ACRES M E. HILL PARK ST. w _ _ N I N— S N �mS I C. fn_ n �L5 _ _459.40'_ J `� fr N89'14'44"W — J L8� R-8 ZONE _ =� rnr AREA=13.38 ACRES A >S �I S 2' 444.00' 885.05' N CN 1/16 -- N89'27'31"W 1329.05' -7- NE 1/16 ,gyp HOWRY LANE C" SUBDMSION N0.1 HOWRY LANE SUBDIV1510N N0.2 o - rn N ol� /�- LINE TABLE CURVE TABLE LINE # LENGTH DIRECTION CURVE # LENGTH RADIUS DELTA BEARING CHORD Li 174.00' SO'47'14"W C1 7.71' 347.00' 116'25" S7'38'12"E 7.71' L2 47.37' S6'25'57"E C2 31.42' 20 OU00 90'00'00" S45-45'16"W 28.28' C 1/4 L3 95.00' SO'45'16"W LINE TABLE (CONT.) p,A10SG L4 179.00' S8914'44"E LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION L5 16.72' S81'43'35"W L10 188.72' S8914'44"E L13 146.91' S9.00'00"W Z�p L6 79.75' SO.08'44"W L11 175.85' S019'12"W L14 50.72' S019'12"W a 18 L 47.00' N8914'44"Wa L12 29.40' S17'25'38"E L15 175.50' N89'40'48"W 0 LB 60.13' W L9 0.12' SO45'16"W0NW Lan olutions 0' 150' 300' 600' Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax ww.landsolutions.ba JOB N0.20-16 Page 21 Page 725 Item#28. Legal Description Centerville Subdivision —C-C, R15 and R8 Rezone Parcels being portions of Lots 1 and 2 of Block 1 of Garoutte Acres Subdivision as shown in Book 60 of Plats on Pages 5900 through 5901, records of Ada County, Idaho,and the NW'%of the NE %of Section 33,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho,and more particularly described as follows: C-C REZONE BEGINNING at a Brass Cap monument marking the northwest corner of said NW'/4 of the NE'/4, from which an Aluminum Cap monument marking the northwest corner of the NW '% of said Section 33 bears N 89*15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW '% of the NE '% S 89°14'44" E a distance of 188.72 feet to a point; Thence leaving said northerly boundary S 0°19'12"W a distance of 175.85 feet to a point; Thence S 172538"E a distance of 29.40 feet to a point; Thence S 0'19'12"W a distance of 271.47 feet to a point; Thence S 9°00'00"W a distance of 146.91 feet to a point; Thence S 0°19'12"W a distance of 50.72 feet to a point; Thence N 89°40'48"W a distance of 175.50 feet to a point on the westerly boundary of said NW '/4 of the NE'/4; Thence along said westerly boundary N 0°19'12" E a distance of 672.70 feet to the POINT OF BEGINNING. This parcel contains 2.95 acres and is subject to any easements existing or in use. R-15 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'%of the NE %, from which an Aluminum Cap monument marking the northwest corner of the NW'/4 of said Section 33 bears N 89'1518"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'% of the NE '/4 S 89014,44" E a distance of 188.72 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89014'44" E a distance of 681.60 feet to a point; Thence leaving said boundary S 0°47'14"W a distance of 174.00 feet to a point; Thence S 6025'57" E a distance of 47.37 feet to a point; a1..ilA�t�1l1�>f'il ons Centerville Subdivision ��— -16 _wId Slllymy a.a co1:wn Page Job ge of Io. of 3 3 Page 22 Page 726 Item#28. Thence S 0°45'16"W a distance of 95.00 feet to a point; Thence S 89°14'44"E a distance of 179.00 feet to a point; Thence S 0'45'16"W a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 459.40 feet to a point; Thence S 81°43'35"W a distance of 16.72 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius non-tangent curve right,said curve having a central angle of 1°16'25"and a long chord bearing S 7°38'12"E a distance of 7.71 feet to a point; Thence S 0°08'44"W a distance of 79.75 feet to a point; Thence N 89°14'44"W a distance of 47.00 feet to a point; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius non-tangent curve right,said curve having a central angle of 90°00'00"and a long chord bearing S 45°45'16"W a distance of 28.28 feet to a point of tangency; Thence N 89'14'44"W a distance of 60.13 feet to a point; Thence S 0°45'16"W a distance of 170.12 feet to a point on the southerly boundary of said NW %of the NE%; Thence along said southerly boundary N 89°27'31"W a distance of 444.00 feet to a point marking the southwest corner of said NW'/4 of the NE%; Thence along the westerly boundary of said NW%of the NE'/4 N 0°19'12"E a distance of 656.40 feet to a point; Thence leaving said boundary S 89°40'48" E a distance of 175.50 feet to a point; Thence N 0°19'12" E a distance of 50.72 feet to a point; Thence N 9°00'00" E a distance of 146.91 feet to a point; Thence N 0°19'12" E a distance of 271.47 feet to a point; Thence N 17°25'38"W a distance of 29.40 feet to a point; Thence N 0°19'12" E a distance of 175.85 feet to the POINT OF BEGINNING. This parcel contains 24.17 acres and is subject to any easements existing or in use. R-8 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW%of the NE %, from which an Aluminum Cap monument marking the northwest corner of the NW%of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; d. ifl�i011l9'i�jons Centerville Subdivision Surveying and Consulting Job No.2 Page 2 of of 3 3 Page 23 Page 727 Item#28. Thence along the northerly boundary of said NW '/4 of the NE '/4 S 89°14'44" E a distance of 870.32 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°14'44" E a distance of 459.90 feet to a point marking the northeast corner of said NW'%of the NE'/4; Thence along the easterly boundary of said NW'/4 of the NE'%S 0'22'10"W a distance of 1324.15 feet to a point marking the southeast corner of said NW'%of the NE%; Thence along the southerly boundary of said NW'%of the NE '/4 N 89°27'31" W a distance of 885.05 feet to a point; Thence leaving said southerly boundary N 0'45'16" E a distance of 170.12 feet to a point; Thence S 89°14'44" E a distance of 60.13 feet to a point of curvature; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius curve left, said curve having a central angle of 90°00'00"and a long chord bearing N 4504616"E a distance of 28.28 feet to a point; Thence S 89014'44" E a distance of 47.00 feet to a point; Thence N 0°08'44" E a distance of 79.75 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius curve left, said curve having a central angle of 1°16'25" and a long chord bearing N 7038'12"W a distance of 7.71 feet to a point; Thence N 81°43'35"E a distance of 16.72 feet to a point; Thence S 89°14'44"E a distance of 459.40 feet to a point; Thence N 0°45'16" E a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 179.00 feet to a point; Thence N 0'45'16" E a distance of 95.00 feet to a point; Thence N 6025'57"W a distance of 47.37 feet to a point; Thence N 0°47'14"E a distance of 174.00 feet to the POINT OF BEGINNING. This parcel contains 13.38 acres and is subject to any easements NPR LA Np existing or in use. 5`° T F SG� �F L Clinton W. Hansen, PLS Land Solutions, PC 11118 Revised October 12, 2021 (vI12�-Z, OF �T N W Lzt__d b)b l-0ons Centerville Subdivision 16 Surveying antl Consuliing Paagege 3 Job f 3 3 o of 3 Page 24 Page 728 Item#28. B. Revised Preliminary Plat(dated: 7,130/2021.Revision date of 10/8/2021) swuniqS U CH003H�OH3NMO fi UldOIIAM ad3NNv 9NIVEN16N3 H J2 IN Al p o IN -2F fdi r In ----------- ----------- i -------- ----------- ----------- —7— -7- '-17-7--77 I cl J,,cl —T J T 71 4 L "MfM�k I , — .. . 11 I'll, TT fi "y. -- -------- i t ----- -------- Page 25 Item#28. an v�anuxxi mxexx o uAmmauo moxmno rr'n^x'�3e 'SNyI MOS.ci 1V'ld AHVNIWIIdad , 8 .. 10ViN00 V HIOISIAIQAIIS _ G OUCY01H do UINMo aaaoi3n3a 9NI833NI9N,� 3TIIAx�.LAIa� a LLI d3NNVNd un. _ o�„-n msaaas����a saaa�w>e s 3gys' E�9 �� €ass a ��9a rm'a N � iil a��1� @ i �� a :g§ a � � sc I I ill1 1w i 1 r � — A � ,r a � III yI Ft. - P I l Sax _x rt w' aF.re n _ A — Page 26 Page 730 Item#28. "PIZ SNOUND iVld AH,'NlAl-HHd UJ ' S CH031HJOHIMMO d3dOl3A31 ioviNo:) CC - -b:]NNV]d 9Nlff33N16N3 --------- ---------------- ------------ - ------ - ---------- sl �j IL t7 ---------- L4 4 T L i.L— I- -T Page 27 Item#28. ArC'��3:.M1l 33 Sffl Wf ISD.01''• _ 19'12'1SI 7^0^'� s�_SB$-14'44-E 1130.19'_ ti Ifi' ( 17 \ y•� 1 6LOCK 2 g 11 10 $ a 7 d 9 # ! 7 2 3 S r �y ti i ti`'. 3 51 r 1a PRIAT W'E.MD AUIRi J71E1 19 WDDJLRPA ST — L1r1 ytil fd 51 51 1 - F21', 2 S y S4ytiyy 1 BLA 1 !9 de' -73— I 1 LOG 3 -. 9 it 46 74', 40 39 39 37 36 3 34 33 34 11 31 m 99 Ifi $ plHF,i ImR;Cd1f10N 5{ 4+ 25 -------- - 1 NY. — - Ijlj SCLJ' w '28— �1 I 17 ZONEC-C 9 5 s7` ° x : S KALtl13d 4 �wa I I 4 — t` .s 9 3+ I 57 d3 3fi f�i 7 10 3 4 S 5 7 8 Ifi P BLOCK, #1 .Lao 1 F 35m 12 24 1 Im— J 54 NT 76, �S{. 8:.` 7, 20 2�M----------. —36 H L MR 3TFEF — 'lG: i '• ss 6 5 PROPOSE❑ IT 3 eT b r HOCK e B ZONE R-15 Itl 1 i ` 9 6 S 36 29 0 26 77 0 25 24 33 22 5 _ �{ 2 37� - 26 9 i 6 35-21 34 f 1 ¢ L5 6 ti I 41 '26 .'I: i 40 19 lei I+ 18.15 li 13 IY 111 .•.. 47s 's ,�ti 'rRiL'151N13 111 33 ['I 43 7) 14 I zDdW-lal3 5 w rU�::�v +� SF.L ti I `41~ r15� vi 22 t9 01 73 2+- 25 ,_ 174? 11f 17 � x ZONE itl 'iN0y1=uwC pr,RMLUJ WE)4B 40 51 x --•--- _' a I o.50 51 52 a1 54 s 58 57 :0 --------------- f s ck E. $1 6x !U En 65 66 67 9> 32 CN------ 1110 f r— f+IL/1fI ITT �h�Lac Luff.. � q ry N89'27'3111! 1309.05` ,yam 4E'115 VF1 ram— f �a41E7757�C4rNx.'}4k'1 3: i Page 28 Page 732 Item#28. C. Open Space Exhibit(NOT APPROVED—needs to be revised to match layout revisions) N. E. AMITY ROAD __ E. AMITY ROAD 6 N J i D I II I a ICI I — ie r �LI I -- -- r III � i E. HILL PARK ST ti ®I Id �I 0 J J 4 I ® - I SITE AREA = 38.95 ACRES TOTAL QUALIFIED OPEN SPACE = 5.64f ACRES (14.48%) PRELIMINARY QUALIFIED OPEN SPACE CENTERVILLE SUBDIVISION 1" = 200' LOCATED IN THE NE d OF SECTION 33, T.31N., ME., B.M. ADA COUNTY, IDAHO Page 29 Page 733 Item#28. D. Landscape Plans(date: �107vrv7/2021 10/15/2021) Y r AL ] 8'NTa50L1 n v(TrPI IWL a�li I� - �.y _ FOG 51rTING J POINT ) � ]5 SiSD -_ 510N � ITY IA G Y ) ss s � � I 13 �LONNEGTON sa II u r �^'� ' Exlsnna FENCE TO REMAIN I -fir�3- I N `'PLAT •$RFA k'/ �E _ s � N ss of � u 4# u� TREE I fr H-. rz WE AItLx l ea 17 VINri FENCE _ LTRfi-5 TO HE REMOVED PnF) e avvwvoav LANDSOAFF: CALr JLA71 ONS =�EVELOPMEN7 :7)ATA ....... .......... Torvy ro�A _____ ACR[5 COMMON AREA ...... S.BO Nt,RES{14.89%1 LOCATION WIDTH LHJbTH REGdIiRID PROVIDED ---- —Rs E.AMITY RD. 42' 120'/35'- 55 TREE5 45 TREES RESIDENTIAL LOTS.- 124 EX15TIlY 7DNIWj ._--..._....___.RUT .....................R-8,R-15,4 L-G 5,wLLSDALE AVE, 21' 12a5•/55'- 56 YREES 39 YREES FWR�LE%LOT5 4 Lp-I N AREA 221p15/6,—- 26 TREE5 211 TREE5 DAYGARE LOT I RE5IDEMIALSTRC-ET TREES 1321RE6 —PAGILIT'r/AMENIN LOT............. GOMMERGIAL/FLFX 5PAGF LOT......... 5 TOraL NUMBER Or TREES as TREES -4TI TREE5 FRIVATS ALLEY/W21VF1 LANE LOC..- 4 LOMMON LOTS............................................. BB EXTRA TREES PROVIDED PBOJE TNOSE REQUIRED FOR MITIGATION(IF REQUIRED): 312�5 GAL INGNF5 TOTAL LO.5 349 Page 30 Page 734 �Alm Item#28. OF F, MA �-W �A 'u v kn IN a_ :z z if < d -71 ILL z j IF, < Lu Lu tu 'Rf LLI Lu LU E u Page 31 Item#28. s Ie�en� s�isn4r�Ian¢s ��$ A ray '06 � � KING WIEf + IL. rn L � l n46 ff I amp TSz� � fir- cawrt uin(s�x un4.-- 9�1 1 I: Yr �� rim K� _ ala � x�;� •.^�� � � o o II III I I N 1� Ll Tn III,I 2 y IT Z CENTERVILLE SUBDIVISIONa g9 a '"°` � MERIDIAN, ID r^ �� IT ,3j�16 ��r = PRELIMINARY PLAT LANDSCAPE PLAN �;:�m Page 32 Page 736 Item#28. S IffiLSd(CAI4]WK Im ,. rn I 1 I I�— rlm � f '111111 a 4 a� All ' �I Ik s 1 ZjTH I ! _ 10 I_ s arwlauo,rvE - - I 1'Im a `p soars eoc2z ram.. 113 CENTERVILLE SUBDIVISION ' 's q `" r 3 9 y = MERIDIAN. ID S e -3 H., _ m PRELIMINARY PLAT LANDSCAPE PLAN & Page 33 — Page 737 Item#28. m c z $ R E5 e 4 r� Fay O s� aF s Ili Wi' E 5.7 ve br > CENTERVILLE SUBDIVISION r r �zos, 9 � 3 MERIDIAN,ID Ll m f PRELIMINARY PLAT LANDSCAPE PLAN �� T Page 34 Page 738 Item#28. E. Proposed Phasing Plan "-T �� --axav H ice. rTJ T--) �T _ k I 6 I d I I 14—..—. ��• 5894i w4 I.iRO RRfP '—_`— —— ____ --E.RM/7Y lY✓AO-- _E-- __ __ EA(M7Y R690---AEI/16--m� 589'14'44"E 160.0 i' -7 i i w _ = $ I E WJ05MHRRP Si h 14 2 3 4 5 6 7 8 9 10 7 r 13 74 t5 1 ILW1LL(1D 1 17 40 39 38 3T 36 35 34 33 32 11 i 31 16 6 pp BLOCK II — 19 17 N 9 - � E CALRYMPIE 3C �r� - I ® 27 - � _ m 22 2 3 4 5 6 7 8 IC 26 'a 18 IB 23 12 25 BLOCK 4 1} 23 20 13 27 r i$ 14 E HI 9REFI N S1Rff!,N Oj E HIL PNIX SIHEEF � O 15 - -- - g _ 2 4 - 018 y t4 a oe 7 i 36 y 9 29 27 26 25 24.23 22 19 5 ' o I ` 4111it, s 3s 15 IC E.HWSpIC T_____� P 11 8 34 � 16 lii �i 20 t9 18 17 16 15 14 13 12 Ill H aw Ir'. 11 13 9 15 14 W.1uC72Myp 5? `+11D I is Ir,HacuMeo sr: --- E HILIS%1R'1[ICJI 2a r 331 Y -______``' l rein ,a j {1 m 23 24 25 26 27 20 29 �I a I BLOCK fi B 33 3� 35 35 37 }. 38 32 w __ eW Rx'K✓".MNILW 51. -\ ,r IAIfPs1 E4SE, � w r a \ r8sz3aj'�q CHNNIN �g h ec:xnnawroa sr --------------- -------- ------- CENTERVILLE PROPOSED PHASE 3 �5 _ Page 35 Page 739 Item#28. F. Common Drive Exhibits 10 12 13 14 BLOCK 3 N. 15'REAR 15'REAR 15'REAR FENCE (SEE LANDSCAPE PLAN) n�IIIL� I 16 Jl I I I I I I 32 11 1 31 1 1 30 29 I I I I I a of to HOME COMMON HOME HOMEi I HOME I ORIENTATION O ORIENTATION ORIENTATION ORIENTATION I I i I I I I I 20'(GARAGE)FROM 20'(WAGE)FRO4 1 20'(GARAGE)FRONT! LI10'(LMNG)FRONTS 110'(WING)FROM L 10'(UVING)FRONT] n Y r 17 0 O FENCE (WILL NOT EXTENDPAST 28 FENCE SEE FRONT PLANE OF DWELLING), (TYPJ —EPu v—r—ev LANDSCAPE E. DALRYMPLE ST. PLAN) 0 2 I ¢wll 11 > 27 9 < z i z --- m ACCESS NOTE ---i- ' J , ------------• LOT 27: ACCESS FROM > PENNVILLE AVE. z �£� • PER CITY OF MERIDIAN 10 wa 26 UDC 111-6C-3D.5 N 9. CENTERVILLE PRELIMINARY PLAT (COMMON DRIVE EXHIBIT) 1" = 30' EXHHiIT-A >w z w 6 a¢ v; 35 5'SIDE N. I I o I FENCE (WILL NOT EXTEND PAST FRONT PLANE OF DWELLING), (TYP.) i i n 7 E. HILLSONG ST. i --- ° ------- - I J�5'SIDE . •. 5'SIDE l0 14 I Ip Ic iN ilk � s s 8 34 Iz z 5'SIDE } 5) 20' MIN. -, ------- 'SIDE___------ SHARED HOME lo I� r - ORIENTATION i DRIVEWAY `�' ? 9 13 12 I� ------------ 5'SIDE 5'SIDE —_-_ I I 33 I I II i I m x Icy L--------J �, > 10 F iA to I z Iz I� I 5'SIDE FENCE (SEE ACCESS NOTE LANDSCAPE • LOT 7: ACCESS FROM 25 26 PLAN) 27 PENNVILLE AVENUE. • LOT 12: ACCESS FROM BLOCK 5 HILLSONG STREET. • PER CITY OF MERIDIAN UDC 11-6C-3D.5 CENTEROLLE PRELIMINARY PLAT (COMMON DRIVE EXHIBIT) 1" = 30' EXHIBIT-B Page 36 Page 740 Item#28. G. Conceptual Building Elevations CBH HOMES CENTERVILLE SINGLE FAMILY ON 50'WIDE LOTS QUO, ITI IT 7171, _...® I IJ C [BIB HOMES CENTERVILLE SINGLE FAMILY ON 36'WIDE LOTS ®® ®® FMHE FFFERE]FMHE Fr Page 37 Page 741 Item#28. CBF1 HOMES CENTERVILLE FRONT LOAD TOWNHOME Page 39 Page 743 Item#28. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat,phasing plan,concept plan,landscape plan,open space exhibit, and conceptual building elevations included in Section VII and the provisions contained herein. b. Future development shall be generally consistent with the proposed phasing plan, specifically that no more than 30 homes shall be constructed prior to both the Hillsdale Avenue and the Amity Road accesses being constructed. c. With the first phase of development,the Applicant shall construct a dedicated westbound and eastbound turn lane on E. Amity Road at the S.Amorita Avenue entrance(as labeled on the preliminary plat)and construct an interim signal at the E.Amity Road and S. Hillsdale Avenue intersection,per the ACHD staff report and the Traffic Impact Study. d. With the first phase of development,the Applicant shall construct a Rapid Rectangular Flashing Beacon(RRFB) crossing at the S. Hillsdale Avenue and E. Hill Park Street intersection. e. Per the submitted and revised preliminary plat,Lot 3058,Block 1 shall be reserved for a future daycare facility and Lots 17, 59, &60, Block 1 shall be reserved for future commercial uses. £ All future pedestrian crossings within the subdivision that traverse a driving surface fittefe multi family residential area of the site shall be constructed with brick,pavers, stamped concrete,colored concrete or similar to clearly delineate the driving surface from the pedestrian facilities,per UDC 11-3A-19B.4b. g. No building permits shall be submitted until the final plat for the associated phase is recorded. h. The required landscape street buffers and detached pedestrian facilities shall be constructed and vegetated with the first phase of development along E. Amity Road and S. Hillsdale Avenue. i. The Applicant shall pipe and reroute the Cunningham Lateral segment present on this property and comply with the standards in UDC 11-3A-6,per the submitted preliminary plat and concept plan. 128 units with all 12 plex buildings being no more than two st-li Page 40 Page 744 Item#28. k. Multi-family residential is not approved with these applications and a future Conditional Use Permit is required per the use table in UDC 11-2A-2 for the R- 15 zoning district. 1. All open space and amenities throughout the development shall be shared by the single family and multi f mil all portions of the development;the future Conditional Use Permit application shall show continued compliance with all open space and amenity requirements for the development as a whole. m. The elevations/facades of 2-story structures that face E.Amity Road,an entryway corridor, and S. Hillsdale Avenue Street, a collector street, shall incorporate articulation throughges in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. n. Prior to the City Council hearing,the he Applicant shall submit a Private Street application and pay the applicable fee for the proposed private streets in the west half of the site for access to the townhome units and commercial building lots. 2. The preliminary plat included in Section VII.B, dated July30,2021 October 8, 2021, is approved as submitted. sh 11 be revised s f Hews. .;tt, the first Final Plat s4fflit4,1. between the south and nat4h,ti.,,lt; fi m ly building lots(Lot 13,Week 1 R.Let 1 4 3. The landscape plan included in Section VII.D, dated une-7?021 October 15,2021, is approved as submitted. shall be revised as follows.,t least to (1 m days prior-t the Gi plat;a. Revise the!andseape plans te ma4eh the revised pr-eliminafy b. Per UPC 33B-12G ..lace .,t least efie tee .,long themier-epath leeated o Lei 20 Bleek 5, as labeled en the revised pr-elimiaafy plat. 4. The Applicant shall apply for Alternative Compliance with the first Final Plat submittal to propose an adequate alternative for the required pathway landscape requirements for the proposed gravel path over the Cunningham Lateral in the southwest corner of the site,in accord with UDC 11-5B-5. 5. An exhibit shall be submitted with the applicable final plat application that depicts the setbacks, fencing,building envelope,and orientation of the lots and structures accessed via the common driveways(shown as Lot 28,Block 3 &Lot 11,Block 5); if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6,UDC Table 11-2A-7,UDC Table 11-2B-3 and those listed in the specific use standards for the future multi-family development,UDC 11-4-3-27. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit and for the proposed nonresidential uses at the applicable ratio. Page 41 Page 745 Item#28. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The Applicant shall obtain Administrative Design Review approval for the townhomes with submittal of the first final plat phase which contains this use. 10. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approval for each commercial building consistent with UDC requirements prior to building permit submittal for each building. 11. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway segment along Fivemile Creek to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side). 12. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 13. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 14. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 15. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 16. Prior to building permit submittal for any structure in each phase,the Applicant shall record the associated final plat for that phase. 17. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit public access easements for any multi-use pathway proposed with the development to the Planning Division for approval by City Council and subsequent recordation. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 All water and sewer mains, fire hydrants, and water meters must either be located in public right of way or be covered by a minimum 20-foot-wide utility easement, or 30-foot-wide minimum combined water and sewer easement. Easements shall be centered on the main, with a minimum of 10 foot on each side of the main. Easements shall have no encroachments of permanent structures including but not limited to buildings, carports,trash enclosures, trees, shrubs, fences, etc. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement is required for the streetlights on Pine Avenue and Ten Mile Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall Page 42 Page 746 Item#28. be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a Page 43 Page 747 Item#28. performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. These standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) Page 44 Page 748 Item#28. https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=234511&dbid=0&r0o=MeridianC i &cr--1 D. POLICE DEPARTMENT(MPD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=232736&dbid=0&repo=MeridianC iv E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=234049&dbid=0&r0o=MeridianC iv F. BOISE PROJECT BOARD OF CONTROL(BPBC) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=233030&dbid=0&repo=MeridianC Lu G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=233224&dbid=0&r0o=MeridianC iv H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=234295&dbid=0&r0o=MeridianC iv I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=234509&dbid=0&r0o=MeridianC hty J. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https://weblink.meridiancity.org/WebLink/DocView.aspx?id=234532&dbid=0&r0o=MeridianC hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8, R-15, and C-C zoning districts and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and request for different types of residential dwelling types will contribute to the range of housing opportunities available Page 45 Page 749 Item#28. within the City and within this area. Commission finds the proposed development is generally consistent with the purpose statement of the residential districts included as part of the application. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Because of the proposed addition of differing dwelling types, neighborhood serving commercial uses, and the general site design, Commission finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat, with Staffs recommendations and the Applicant's revisions, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Page 46 Page 750 Item#28. Staff is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has approved the proposed internal road layout and has required road improvements adjacent to the site. So, Commission finds, if all recommended conditions of approval are met, the proposed development meets this finding. 6. The development preserves significant natural,scenic or historic features. Commission is unaware of any significant natural, scenic, or historic features on the subject sites and therefore finds the development meets this finding. Page 47 Page 751 Item#28. Mayor Robert E. Simison E IDIAN.� City Council Members: =�� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H O Luke Cavener Liz Strader October 15, 2021 MEMORANDUM TO: Planning and Zoning Commission CC: Becky McKay, Engineering Solutions FROM: Joseph Dodson, Current Associate Planner RE: Centerville Subdivision AZ, PP (H-2021-0046) Dear Commissioners, Centerville Subdivision AZ, PP(H-2021-0046) was heard by Planning and Zoning Commission on August 5, 2021. At that hearing the Commission continued the project to the October 21, 2021 hearing date in order for the Applicant to address Commission concerns over the proposed density, amount of commercial versus proposed density, and overall project integration. Since the hearing, the Applicant has submitted revised plans to Planning Staff which has resulted in a number of recommended changes to the conditions of approval and development agreement provisions. The revisions made by the Applicant are noticeable throughout the west half of the site and require analysis of the overall site. Any updated numbers will be added to the staff report following the Commission's final recommendation to City Council to ensure transparency. Please refer to the attachments and subsequent bullet points below regarding the specific changes since the Commission hearing. The revised plans show the following changes made by the applicant based on the Commission's discussion: • Removal of all apartment buildings—the Applicant has removed all apartment buildings previously shown in the project and included more townhomes (3 or more attached units, individually platted). The only component of the project that is still multi- family are four(4)new four-plex lots along Amity Road near the northwest corner of the site. With these changes, the proposed unit count is now 219 units (down from 327 units). o The overall gross density is now 6.01 du/acre (219 units/36.45 acres). The total residential acreage has also been reduced due to the inclusion of 2.5 acres of Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 page 752 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Item#28. commercial zoning. Staff finds with a loss of over 100 residential units, the Applicant has made a significant adjustment to mitigate the Commission's concerns over density and its impact to nearby schools and the transportation network. o The Applicant has provided revised legal descriptions and exhibits for the change in zoning boundaries proposed. • Applicant is now requesting 2.5 acres of C-C zoning with their annexation application to accommodate four(4) commercial building lots instead of the original one (1) daycare lot proposed. The revised plat still shows the daycare use which Staff appreciates. The other commercial buildings are proposed to be located north of the daycare lot and along Hillsdale, nearby the existing commercial on the west side of Hillsdale. According to the revised narrative, the intended uses for the additional commercial lots is flex space (combination of office, retail, and warehousing within one building). o The C-C zoning district requires a 25-foot landscape buffer between it and any residential use. According to the revised preliminary plat, this requirement is met with adequate landscaping on the east side of each building. Furthermore, there is a private street and landscaping separating three (3) of the proposed commercial buildings from the townhome lots to the east. o Applicant is also proposing a new right-in/right-out access to Hillsdale Avenue for additional access to the commercial lots. Its location is in alignment with an existing commercial access on the west side of Hillsdale so ACHD has approved this additional street connection. • With the removal of the apartment buildings, the Applicant replaced that area of the site with more townhome units and replaced the multi-family drive aisles with 28-foot wide private streets and more open space that the townhome units front on. The new private streets are functioning as alleys for a majority of the townhome units and as the access for the commercial lots. o Private Street standards outlined in UDC 11-3F-4 require a minimum 24-foot wide driving surface so the proposed 28-foot wide private streets exceed code requirements. In addition, sidewalks are not required with private streets but the Applicant is proposing detached sidewalks throughout the townhome area for access to the units. • Applicant moved the proposed pool amenity to the large central open space lot consistent with the Commission discussion. The changing rooms for this use require off-street parking consistent with nonresidential uses. The Applicant intends on utilizing on-street parking along S. Stockport Way to meet this requirement because the total changing room area is minimal; this request requires Alternative Compliance which should be submitted with any future Final Plat application that includes this open space lot. • The Applicant did not submit a revised landscape plan or open space exhibit at this time so Staff cannot specifically review that data. However, because the unit count has been reduced and it visually appears the open space has increased, Staff is not concerned with the Applicant meeting the minimum open space standards. Prior to City Council, Staff will perform this review when additional revised plans are submitted to the City. The parameters of the Commission motion to continue and the revised plans have resulted in Staff modifying certain conditions, striking others, and adding an additional DA Provision. Staff recommends the following changes be made to the staff report by the Planning and Zoning Commission, noted with strikeout and underline changes below: Page 753 Item#28. • Modify A.1 e. —Per the submitted and revised preliminary plat, Lot 3058, Block 1 shall be reserved for a future daycare facility and Lots 17, 59, & 60, Block l shall be reserved for future commercial uses. • Modify A.1 f—All future pedestrian crossings within the subdivision that traverse a driving surface f,Wr-e multi family r-esi en4i 1 area of the site shall be constructed with brick, pavers, stamped concrete, colored concrete or similar to clearly delineate the driving surface from the pedestrian facilities,per UDC 11-3A-19B.4b. • Strike A.lj —The fu4u-e multi family development shall be eonstmeted with no than 128 units with all 12 plex buildings being no more than two stories in height. • Modify A.11—All open space and amenities throughout the development shall be shared by the single family and multi famil all portions of the development; the future Conditional Use Permit application shall show compliance with all multi-family open space and amenity requirements for the development as a whole. • Add Provision—The elevations/facades of 2-story structures that face E. Amity Road, an entryway corridor, and W. Quartz Creek Street, 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. Sin ley structures are exempt from this requirement. • Add Condition—Prior to the City Council hearing, the he Applicant shall submit a Private Street application and pay the applicable fee for the proposed private streets in the west half of the site for access to the townhome units and commercial building lots. Exhibits: A. Revised Zoning Exhibit and Legal Descriptions B. Revised Preliminary Plat Page 754 Item#28. A. Revised Conditional Use Plan (Site Plan) CENTERVILLE SUBDIVISION - REZONE EXHIBIT THE NW'/4 OF THE NE%OF SECTION 33, T3N, R1 E, BM,ADA COUNTY, IDAHO POINT OF BEGINNING E. AMITY ROAD BASIS OF BEARING 29 26 26 C-C ZONE N89'1518 W S89'14'44"E 1330.22' E 1/16 1330.22, 28 27 32 33 V 2660.59' 1/4 33 1-10 681.60' 459.90' S89'14'44"E 33 34 I- POINT OF POINT OF IJ Q w �� BEGINNING BEGINNING a w R15 ZONE R8 ZONE IJLLJ a N I?3 ^o o Lc) I N;� L.L4. N N N r L._ a~N L� IN m a I i i Q fn `n s g O N— C14 J R-15 ZONE ~' �J L15 J J AREA=24.17 ACRES a' `0 I E. HILL PARK ST. � J-) _ NCD o p " SI =� Y � m S� I �o Z �L5 _ _459.40'_ _ J `o L8 � N89'14'44"W R-8 ZONE _ rnr G AREA=13.38 ACRE y5 JI x5 a 444.00' 885.05' CN 1/16 —— N89'27'31"W 1329.05' NE 1/16 HOWRY LANE SUBDIVISION N0.1 HOWRY LANE SUBDIVISION NO.2 N of /— LINE TABLE CURVE TABLE LINE # LENGTH DIRECTION CURVE # LENGTH RADIUS DELTA BEARING CHORD Li 174.00' S0'47'14"W Ct 7.71' 347.00' 1 116'25" S7'38'12"E 7.71' L2 47.37' S6'25'57"E C2 31.42' 20.00' 1 90'00'00" S45'45'16"W 28.28' C 1/4 L3 95.00' SO'45'16"W LINE TABLE (CONT.) C.y�pNP;T�OSG L4 179.00' S89'14'44"E LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION �L L5 16.72' S81'43'35"W � � � 110 188.72' S8914'44"E L13 146.91' S9'00'00'W L6 79.75' SO'08'44"W 1 1, 1 18 O L11 175.85' SO'19'12"W L14 50.72' S079'12"W COL I L7 47.00' N89'14'44"W N O L12 29.40' S17'25'38"E L15 175.50' N89'40'48'W OQ. � LS 60.13' N6914'44"W OF \ �� L9 170.12' SO'45'16"W ON W"NP /// n StOluthills 0' 150' 300' 600' Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax —jandsolufions.biz JOB W 20-16 Page 755 Item#28. Legal Description Centerville Subdivision —C-C, R15 and R8 Rezone Parcels being portions of Lots 1 and 2 of Block 1 of Garoutte Acres Subdivision as shown in Book 60 of Plats on Pages 5900 through 5901, records of Ada County, Idaho, and the NW'/<of the NE '/4 of Section 33,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, and more particularly described as follows: C-C REZONE BEGINNING at a Brass Cap monument marking the northwest corner of said NW'/4 of the NE'/4, from which an Aluminum Cap monument marking the northwest corner of the NW '/4 of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW '% of the NE '/4 S 89°14'44" E a distance of 188.72 feet to a point; Thence leaving said northerly boundary S 0°19'12"W a distance of 175.85 feet to a point; Thence S 17°25'38"E a distance of 29.40 feet to a point; Thence S 0°19'12"W a distance of 271.47 feet to a point; Thence S 9°00'00"W a distance of 146.91 feet to a point; Thence S 0°19'12"W a distance of 50.72 feet to a point; Thence N 89°40'48"W a distance of 175.50 feet to a point on the westerly boundary of said NW %of the NE'/4; Thence along said westerly boundary N 0019'12" E a distance of 672.70 feet to the POINT OF BEGINNING. This parcel contains 2.95 acres and is subject to any easements existing or in use. R-15 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'/4 of the NE ''/4, from which an Aluminum Cap monument marking the northwest corner of the NW'/4 of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW '/4 of the NE '/4 S 89°14'44" E a distance of 188.72 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89014'44" E a distance of 681.60 feet to a point; Thence leaving said boundary S 0°47'14"W a distance of 174.00 feet to a point; Thence S 6°25'57" E a distance of 47.37 feet to a point; Job No.20- Lzii'di)bl17t1C11'1�5 Cente vi Subdivision 16 Q�- Lana Surveying and Consulting Page 1 off 3 3 Page 756 Item#28. Thence S 0*45'16"W a distance of 95.00 feet to a point; Thence S 89°14'44"E a distance of 179.00 feet to a point; Thence S 0'45'16"W a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 459.40 feet to a point; Thence S 81°43'35"W a distance of 16.72 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius non-tangent curve right, said curve having a central angle of 1°16'25"and a long chord bearing S 7°38'12"E a distance of 7.71 feet to a point; Thence S 0°08'44"W a distance of 79.75 feet to a point; Thence N 89°14'44"W a distance of 47.00 feet to a point; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius non-tangent curve right, said curve having a central angle of 90°00'00"and a long chord bearing S 45*45'16"W a distance of 28.28 feet to a point of tangency; Thence N 89'14'44"W a distance of 60.13 feet to a point; Thence S 0'45'16"W a distance of 170.12 feet to a point on the southerly boundary of said NW %of the NE%-, Thence along said southerly boundary N 89°27'31"W a distance of 444.00 feet to a point marking the southwest corner of said NW%of the NE%; Thence along the westerly boundary of said NW%of the NE'%N 0°19'12"E a distance of 656.40 feet to a point; Thence leaving said boundary S 89°40'48"E a distance of 175.50 feet to a point; Thence N 0°19'12" E a distance of 50.72 feet to a point; Thence N 9°00'00"E a distance of 146.91 feet to a point; Thence N 0°19'12" E a distance of 271.47 feet to a point; Thence N 17°25'38"W a distance of 29.40 feet to a point; Thence N 0°19'12" E a distance of 175.85 feet to the POINT OF BEGINNING. This parcel contains 24.17 acres and is subject to any easements existing or in use. R-8 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'%of the NE '/<, from which an Aluminum Cap monument marking the northwest corner of the NW'%of said Section33 bears N W15'18"W a distance of 2660.59 feet; La"d^r/old work Centerville Subdivision Li wm S ry ymg a,d co wtmg Job No.2 Page 2 of of 3 3 Page 757 Item#28. Thence along the northerly boundary of said NW '% of the NE '% S 89°14'44" E a distance of 870.32 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°14'44" E a distance of 459.90 feet to a point marking the northeast corner of said NW%of the NE'/4; Thence along the easterly boundary of said NW%of the NE'/4 S 0'22'10"W a distance of 1324.15 feet to a point marking the southeast corner of said NW'%of the NE'/4; Thence along the southerly boundary of said NW'%of the NE '/4 N 89027'31" W a distance of 885.05 feet to a point; Thence leaving said southerly boundary N 0'45'16" E a distance of 170.12 feet to a point; Thence S 89°14'44" E a distance of 60.13 feet to a point of curvature; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius curve left, said curve having a central angle of 90°00'00"and a long chord bearing N 45045'16"E a distance of 28.28 feet to a point; Thence S 89°14'44" E a distance of 47.00 feet to a point; Thence N 0n08'44" E a distance of 79.75 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius curve left, said curve having a central angle of 1016'25" and a long chord bearing N 7°38'12"W a distance of 7.71 feet to a point; Thence N 81°43'35"E a distance of 16.72 feet to a point; Thence S 89°14'44"E a distance of 459.40 feet to a point; Thence N 0°45'16" E a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 179.00 feet to a point; Thence N 0045'16" E a distance of 95.00 feet to a point; Thence N 6°25'57"W a distance of 47.37 feet to a point; Thence N 0°47'14"E a distance of 174.00 feet to the POINT OF BEGINNING. This parcel contains 13.38 acres and is subject to any easements ONPL LA/V s existing or in use. 5` T 6 �p L Clinton W. Hansen, PLS Land Solutions, PC a 11118 Revised October 12, 2021 " (v112�2�� _ OF CD �T N W Ut11 bIJJrion:5 Centerville Subdivision �� I.anO Surveying antl Consulcing Paagege 3 Job 3 3 o of 3 Page 758 Item#28. B. Revised Preliminary Plat i � II A; - - -- I' r, 12 I 1,- * m L� j, Ir, '��✓" k Y ] ,� _�`1.1 i. ao �',)I _ — �. - 4`--T x j i is it 1 I I x_-.._ ,W,.,. p 1 Ag i �� II �I - - _ II : - I II oi r a F l a 4-0p g= y, 3 a g g�5sm 'g � � � -------- I; C 72 s u $ 9 CENTERVMLE ENGINEERING PLANNER- DEVELOPER OWNER OF RECORD e SUBDIVISION SOLUTIONS,o PRELIMINARY PLAT-TILE SHEET g 1 J u ex w.ays1 e°as" °ipfaw,27 lend e� Page 759 EMS 33 JQ3 MT14!44't ISO.. 12PW--Z 569'14'44-E II30-19' a 7 UWA E.wwN '55 �T "22- 1: LOC 3 46- 40 3A 38 37 36 S 14 31 12 11 31 M 29 16 54 -------- --------- N R-1 57 17 I L-21# 28 R'UED 1' ZO' --------- PLOCK t2 "E R-8 —24 �.2 --------- �� { I �'J J� I I 20 z;v 2 SS 12 Hd.PARK IF-�,-, "K 4 umu 16 ;41 .0" 2 PftDPCGM 17 34 F— ZME R-1 5 3s 7 36 25 74 23 22 371 5 35 tg 3:9 27 45 T :n. 16 4 r- 14 13 1 . • N Id PRO D 2EUMC jur� W. 57. '21 (�-M) 5 IS 2Q 23 25 21 29 FMCC14 LNE)48 41 ZONE ------------ 4E 4 Tm ,j 61 55 58 57 -A CKI& 81 62 66 1 97 58 ------- . ...... N89'2711 YE4E 5 ?W S7. M M., T U— Item#28. n".Tv tj-4, Ur.-All-All I A I 74 li Ll MEff S� E�M AT Hl18QyE AVENM Item#29. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Biltmore Estates Subdivision Time Extension (TECC-2021- 0001) by Engineering Solutions, Generally Located 1/4 Mile South of W. Victory Rd. and 1/2 Mile West of S. Meridian Rd. A. Request: A Two-Year Time Extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. Page 893 Item#29. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: January 4, 2021 Topic: Public Hearing for Biltmore Estates Subdivision Time Extension (TECC-2021-0001) by Engineering Solutions, Generally Located 1/4 Mile South of W.Victory Rd. and 1/2 Mile West of S. Meridian Rd. A. Request: A Two-Year Time Extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 894 Item#29. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/4/2022 Legend .8 DATE: IffProject Lflcfl-fiar TO: Mayor&City Council - R1 FROM: Sonya Allen,Associate Planner RUT -15 E 208-884-5533 R1 SUBJECT: TECC-2021-0001 R- Biltmore Estates R- UT RUTS LOCATION: Generally located 1/4 mile south of W. R- R- 'S Victory Rd. and 1/2 mile west of S. R.g Meridian Rd. in the north 1/2 of Section 25, T.3N. R.l W. 1fi R1 R-4 I-L R- R-4- I. PROJECT DESCRIPTION Request for a two-year time extension on the preliminary plat in order to obtain the City Engineer's signature on the next final plat phase of development. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 22.67 Existing/Proposed Zoning R-4 Future Land Use Designation Low Density Residential(LDR) Existing Land Use(s) Agricultural Proposed Land Use(s) Single-family residential detached homes Neighborhood meeting date;#of 11/15/2021 attendees: History(previous approvals) AZ-13-014(Ord. 14-1594)Victory South;PP-14-0004 (Biltmore Estates—Development Agreement Inst. #114052420);A-2019-0366(TED,expires 12/18/21) III. APPLICANT INFORMATION A. Applicant: Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Lee Centers,Biltmore Estates, LLC—PO Box 518,Meridian,ID 83680 Page 1 Page 895 Item#29. C. Representative: Shari Stiles, Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 IV. NOTICING City Council Posting Date Notification published in 12/14/2021 newspaper Notification mailed to property owners within 300 feet 12/17/2021 Applicant posted public hearing notice on site 12/19/2021 Nextdoor posting 12/17/2021 V. UNIFIED DEVELOPMENT CODE ANALYSIS UD Per UDC 11-6B-7C, "Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, 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 this title." VI. STAFF ANALYSIS The Applicant requests approval of a 2-year time extension on the preliminary plat in order to obtain the City Engineer's signature on the final plat for the fourth phase of development. The existing approval expires on December 18,2021; the subject time extension was requested prior to the expiration date as required. Two phases are yet to develop consisting of a total of 70 building lots on 22.74 acres of land. The preliminary plat(PP-14-004)for this project consists of 159 building lots on 56.19 acres of land in the R-4 zoning district and was approved by City Council on May 20,2014. Final plats for Phases 1-3 obtained the City Engineer's signature within the required time frame; the final plat for Phase 3 was signed by the City Engineer on 12/18/2017,requiring the final plat for Phase 4 to be signed by 12/18/2019.A 2-year time extension(A-2019-0366)was approved by the Director to extend the period of time to 12/18/2021 in which the City Engineer is required to sign the next phase final plat. The reason for the previous time extension request was due to market conditions for the lots in Biltmore Estates subdivision having slowed,which required the Developer to shift his attention to more marketable, affordable lots in phases of other developments.No new conditions were placed on the application with the time extension. The Applicant states the construction drawings and the final plat for the fourth phase of development have been completed and the final plat application is anticipated to be submitted after the first of the year. Due to continued labor and material shortages, construction on this phase has been delayed. Since the preliminary plat and previous time extension were approved, an amendment to the common open space and site amenity standards listed in UDC I1-3G was approved. The provisions for common open space increased from 10%to 12%and require compliance with the quality standards in UDC 11-3G-3A.2 and the qualifications in UDC 11-3G-3B. The provisions for site amenities Page 2 Page 896 Item#29. changed from three(3)required amenities to a point system based on the area of the development per the point values listed in UDC Table 11-3G-4. A total of 10.2% (or 5.73 acres) of qualified open space is depicted on the preliminary plat consisting of a 1.5-acre park, 0.20-acre pocket park,drainage areas, common open space containing a multi-use pathway and street buffers along collector streets(i.e.W. Harris St. & S. Kentucky Way). Common open space lots totaling 3.13-acres along with 0.76-acre of parkways along internal local streets (excluding curb cuts for driveways)was provided in earlier phases totaling 3.73-acres of qualified open space. Earlier phases (i.e. 1-3)totaled 33.45-acres of land which required a minimum of 3.35- acres of qualified open space; the provided open space in earlier phases is 0.38-acre over the required 10%. Under the current standard(i.e. 12%), a minimum of 2.73-acres is required for the remaining 22.74-acres,which after calculating the"credit"of 0.38-acre from earlier phases is 2.35-acres of qualified open space that should be provided in the remaining phases as a condition of approval of the subject time extension to comply with current code requirements. In order to comply with the current open space standards in the remaining phases,the Applicant proposes to provide 8-foot wide landscaped parkways along all internal local streets and is reducing the number of buildable lots by one to increase the common area.A total of 6.26-acres of qualified open space is proposed overall,which exceeds previous and current open space standards by 0.18-acre. A total of three (3) site amenities were proposed with the preliminary plat consisting of a tot lot with children's play equipment,a half basketball court and a segment of the City's regional pathway and internal linear open space pathways—the tot lot and sports court has been completed,the pathway is located in future Phase 5 and is yet to be completed. The remaining area of the development to be platted is 22.74-acres,which requires minimum amenities with a point value of five(5). The pedestrian amenity consisting of a multi-use pathway segment and internal linear open space pathways(1,025'+/-long) may count as one(1)point; additional amenities totaling at least four (4)points should be provided as a condition of the subject time extension. The Applicant states they will provide a pickleball court as an additional amenity which qualifies as 4 points and meets the additional amenity requirement. The remaining phases(i.e.Phases 4 and 5) should also comply with the most recently adopted Public Works standards and specifications as a condition of the subject time extension. Approval of the subject time extension will allow the Applicant to obtain the City Engineer's signature on a final plat for the fourth phase of development and proceed with development of the property. If City Council does not approve the requested time extension,the preliminary plat will expire and a new preliminary plat application will be required for the remaining area that has not yet been subdivided. VII. DECISION A. Staff: Staff recommends approval of the proposed time extension for a time period of 2 years as requested to expire on December 18, 2023. Page 3 Page 897 Item#29. VIII. EXHIBITS A. Preliminary Plat(date: 1/21/2014) T -T -- T - t T —T fit) E o o s -4,T ___ _-_ w s 2 iT LEGEND B \ � B•S s , -. w• --_ x e " curevE raDLE y�� Cis W rga a ps ab — _ n a L flu. ��AAnm � — — NOTES PRELIMINARY PLAT DATA TYPICAL RESIDENTIAL STREET SECTION(5Oe R.O.W.) AR TYPICAL COLLECTOR .,I, SECTION(50 Row.) PRE Page 4 Page 898 Item#29. IX. CONDITIONS OF APPROVAL 1. Provide an additional 2.35-acres of common open space that complies with the quality standards listed in UDC 11-3G-3A.2,the qualifications listed in UDC 11-3G-3B and the general standards listed in UDC 11-3G-5 in the remaining phases of development(i.e. Phases 4 and 5). 2. Provide additional site amenities totaling at least four(4)points in the remaining phases of development(i.e. Phases 4 and 5)that comply with the qualifications listed in UDC 11-3G-4 and the general standards listed in UDC 11-3G-5.Note:Amenities totalingfive (5)points are required; the previously proposed pedestrian facilities are allowed to count as one (1)point.If the Applicant provides a pickleball court as proposed, it will qualms as 4 points and meet the additional requirement. 3. The remaining phases(i.e. Phases 4 and 5) shall comply with the most recently adopted Public Works standards and specifications. 4. Comply with all previous conditions of approval for this development [AZ-13-014 (Ord. #14- 1594); PP-14-004 (Development Agreement Inst. #114052420)]. Pagc 5 Page 899 Item#30. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Fluid Estates Subdivision (SHP-2021-0008) by Idaho Survey Group, Located at 3110 W Quintale Dr. A. Request: Short Plat consisting of 3 buildable lots on 2.0 acres of land in the C-C zoning district. Page 900 Item#30. E IDIAN:-�- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: January 4, 2022 Topic: Public Hearing for Fluid Estates Subdivision (SHP-2021-0008) by Idaho Survey Group, Located at 3110 W Quintale Dr. A. Request: Short Plat consisting of 3 buildable lots on 2.0 acres of land in the C- C zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 901 Item#30. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/4/2022 DATE: TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 Subject Property SUBJECT: SHP-2021-0008 — W. WMman Road= Fluid Estates ' LOCATION: 3110 W. Quintale Dr., in the NW 1/4 of Section 35,TAN.,R.1W. cc HHEE r I. PROJECT DESCRIPTION Short plat consisting of 3 buildable lots on 2.0 acres of land in the C-C zoning district. II. APPLICANT INFORMATION A. Applicant: Michael Byrns,Idaho Survey Group—9955 W. Emerald St.,Boise,ID 83704 B. Owner: Eric Wall,Fluid Real Estate Investments,LLC—2880 E. 14t'',Ammon, ID 83401 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in 12/19/2021 newspaper Radius notice mailed to property owners within 500 feet 12/15/2021 Posted to Next Door 12/15/2021 Page 1 Page 902 Item#30. IV. STAFF ANALYSIS The short plat proposes to re-subdivide Lot 2,Block 25,Bridgetower Crossing Subdivision No. 7 into three (3)buildable lots. The property consists of 2.00 acres of land in the C-G zoning district. Staff has reviewed the proposed short plat for compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in compliance with said requirements. Street buffers were constructed and landscaping installed adjacent to N. Ten Mile Rd.,W. McMillan Rd. and W. Quintale Dr. with the previous subdivision improvements. Future development of the proposed lots should comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Access to this property should be provided via the two existing access easements/driveways at the east boundary of this site as depicted on Record of Survey#11816 included in Section VI.C; direct lot access via N. Ten Mile Rd.,W. McMillan Rd. and W. Quintale Dr. is prohibited. The existing Development Agreement(AZ-01-003—Inst. #101117652,note#4 on pg. 6) for this property requires approval of a conditional use permit prior to development of this property.Note#12 on the Bridgetower Crossing Subdivision No. 7 plat also states development of this property may only occur through the CUP process. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. Page 2 Page 903 Item#30. VI. EXHIBITS A. Short Plat(date: 11/18/21) Plat Showing � Fluid Atdtes SllbdA'Ni01? A Re—subdivision of lot 2 In Black 25 at Brld"to -or Crossing SubdMslon No- 7, � � Sltuoted in the Northwest Doter of the Northwey} Ouorter of Section 35, W Township �- 4 North. Range t Went. Onus Meridian, 1�LL , City of Meridian Id, Ado County, aho. aoi�nw 40 2427 1 s7r cs� p w.Nana ae. 98959'19'E Y99Z82' , - rorh or 27fSK =--- -• „1�03574'E 9"94 �Z9 s� • :� �--- i _• ':��!� � ;ram, r - T nur(!� SY-------------�-- �L�'--�-- r+j a� ii •� i jlama o r :.� a•I- �' I—I 0 aura W uq P•un 4.04 a WM4 + ¢ r$• i �,'� ¢ h+��,• :I ! • s.,,h'•31"r..tr,.e �n.u�!.v wba�eC nJ7.' + r &,S:;.N-w en w.wo•wrlk 9!4MY�4a I,eN 0-0 �I oe I t,iaiww ,.� 1 i Il.ww.r.rwWY.•Ww.r.�Eawrl lYw r hn Cs} !7 � } I I — .11 nex W rr4�a rr. —I. u f +�.a.v.u. anexn TAM JoEy � a� �'•""°' Bad< nose %74 xao- rme-'ease se-. SURVEY .w se e GROUP,LLC Page 3 Page 904 Item#30. }luid&tates Subdivision m ew...x N.sw tM v.a M wln.I.G.nll r.eva....wrq ww L..Lffeff Nev.rtt].a S M11WM,4 war a�.e� a up�..+MY.Fw c M sr.Mel�a Mn 1+flf.l�.MMy rl►i.IbY k.lMn el rt�a..I u*ia wYYy�Vp I���..r �.bYf.•. �.ry...W�.r uo�w.i m.ed uc�m.�io..a Mnhrsv i�R N e��rf se wcl w+vl nxl anwbq n Wwn.e.aa. bvb I.H F�Mm W mM1+..od x IY w+yr 1y YYSMY e y a..r.....b.., ...w„i.r.. o-r......aaf........w cha. F o:�sbia.en� xw:�I� �`wr:Mr,�ca:.yexe ti aalw�rw rwkpdeimw�`l��w `"°tea° 'vti��°ir�r�aa.°o�""�i.n I T. eM.al..w1.[�Ir1K.CT4ClB@ W i4V.�W Wa^WT-M-tiY 5�11`+i Fwewrr. ___ Bonk Page I[]11HQ JU SURVEY _......._. s, � , GROUP.LLC .�a Pagc 4 Page 905 Item#30. B. Proposed Landscape Plan(dated: 11/16/21) , IHI SM U - oP o s 171I11J k i — Ion S 3i .•i�i�,i." �r �I ' J Q PLAN W-4LlIWALE.DR j • �L100 - P Pagc 5 Page 906 Item#30. IMAN STA(I NBC[ OS uP uS 2 LU Ne LPJ�CAPE _ NC125A ❑E AJLS y 606LLd BLRa AP TREE PLANTFM 2 GWILE PLANTI 8 PLANERL9LANDCEfAJL Page 6 Page 907 Item#30. C. Record of Survey#11816 RECORD OF SURVEY NO. /tom ACCE$S EASEMENT FOR LD'12 OVER LCT S,ULOCK 25.&iIpGETOWER CROSSING$IIE@IV IQHbN Lf'r��►��1} LOCATED IN THE NW114 OF SECTION 35,7OWN$IJIP4 NORTH,RAROE 1 WE$T BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO w � toP � 2019 LEGEND coarlEa x,. Rexr-0x-rn.r�xL 27 26 ST 95 0 raxo cw rwlrPn w.IL1YIuiH RCrIN Iwmtrt �� SfP� 9� a.. tp mr F FpTR a!N R411 PCO Ls Ploim a'�[t si1.a. I� sm=_a�ut sass �� � srr op'max[Ire rw,Ls•.e�co I I' xw S.\ I x sicu.rw voxi-.oce.e si ue ron 3 R �Sa850 OTL ADCEss eNY LIP_L1�L�4a��a ']E-47A awl' �' Y I—g xuwm oirn+C rwaRx*•m� sett xau. -�.._r ,�. ^,„•�� 4 �,j C 1 I 1 17 I tf x f H07E I D q y�� j !! �r�d ntn sxler n ro INI.nr.o uaL.iui sr, ;i BASIS OF BEARINGS I ,ra,cos I � I I I g �rrxmc a�ieugi.�[� �mc f�tm�l xwes &I •��er,[�n s � �� � REFERENCES^LLm..xas owl.ra nao x � Pui a eaoccwnw ea�xc Aevrery xa a F i � RECORDERS CERTIFICATE 6 1 d} I I• 1 � oom Ww=— I r I rS�� � �d ��irawrm�r p�E REacsia rme.rp Ixtmnom cw•u- ,xvffe.Icxi �'•��s+%+s x�� V. a 5 7 CERTIFICATE OF SURVEYOR «mF - POB �� rxr=� 1 L.ne e.auPv m rtxar xiknEr mwi x sr• 11H sexlolAL�X �S' ��I 'NR'.Itll9"w 1�t-0Y �—�� J 9.kVENNR r RRRfr2afIIiRfY iklirl H{YE IXWIID Y1x nTE Y.,r IeNI�°"�a..�A yN uvmv la Iwm mte. AI® i w.'Y z IiM LIxE Tadr LNE f -E LI/Y TAd£ d.cnC Tanr RrRLT i?gIC yi�talEpt I [cf>rr9 aprp � I= ue IM}T1A aetx� fmm x aLxe� Vf neLmee•r Nelrrre dcC.[ N�S incrn rt'xrm• Seaa•xm ee_e.•ow��-.'gymK12 -'E 1TA5 1t�5'A•i e. 31A1' ALte mrn'xdY NLry LYI w 477EX e. —N —W nrWaYE er.x' T•O CNGIWCLFI1ii s LiYynryt tv.LY m'4tT m.aY x�iaoo' ayx W. T m — Ltw6wrv?tatrq mama 34 F35—.grp,LdgE •mir'L mlpt1:11o11 Ytmu ./OEnOn9NRCCN •,.tORVER n�mtt x'xY[ PeTY _-.-_.._ •�nrtrv_wRrrrnaene.nrle.rv.nrrA SHEET NO.70F1 Page 7 Page 908 Item#30. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: AZ-01-003 (Development Agreement Inst. #101117652) &CUP-01-006 (PUD). 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-6B-7. 3. The short plat prepared by Idaho Survey Group on November 18, 2021 by Michael Byrns, included in Section VI.A shall be revised as follows: a. Note#1: ". . . from the Health Authority and the City of Meridian." b. Note#13: Include recorded instrument number for cross-access easements. c. Include a note stating direct lot access via W. Quintale Dr. is prohibited.Access to this property should be provided via the two existing access easements/driveways at the east boundary of this site as depicted on Record of Survey#11816 included in Section VI.C. 4. The landscape plan prepared by Stack Rock Group on 11/16/21, included in Section VI.B is approved as submitted. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the Page 8 Page 909 Item#30. amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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 Page 9 Page 910 Item#30. Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any 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. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial and the current zoning district of the site is C-G. Staff finds the proposed short plat complies with the short plat standards listed in UDC 11-6B-5. Future development should comply with the dimensional standards for the C-G district listed in UDC Table 11-213-3. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided and are adequate to serve the proposed lots. Page 10 Page 911 Item#30. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds all required utilities will be provided with lot development at the developer's expense. A There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services as services are already being provided in this area. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Page 1 1 Page 912 Item#31. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Woodcrest Townhomes (H-2021-0015 and H-2021-0082) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Way A. Request: Continued from September 7, 2021, an Amendment to the Comprehensive Plan Future Land Use Map (H-2021-0015) to change the future land use designation on 2+/- acres of land from the Commercial to the Medium High-Density Residential designation. B. Request: Continued from September 7, 2021, a Rezone (H-2021-0015 ) of 2.10 acres of land from the L-0 (Limited Office) to the R-15 (Medium High-Density Residential) zoning district. C. Request: Preliminary Plat (H-2021-0082) consisting of 19 building lots and 4 common lots (including 1 lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. Page 913 Item#31. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: January 4, 2022 Topic: Public Hearing for Woodcrest Townhomes (H-2021-0015 and H-2021-0082) by Blaine A.Womer Civil Engineering, Located at 1789 N. Hickory Way A. Request: Continued from September 7, 2021, an Amendment to the Comprehensive Plan Future Land Use Map (H-2021-0015) to change the future land use designation on 2+/- acres of land from the Commercial to the Medium High-Density Residential designation. B. Request: Continued from September 7, 2021, a Rezone (H-2021-0015 ) of 2.10 acres of land from the L-0 (Limited Office) to the R-15 (Medium High- Density Residential) zoning district. C. Request: Preliminary Plat (H-2021-0082) consisting of 19 building lots and 4 common lots (including 1 lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. Information Resources: Click Here for Application Materials (H-2021-0015). Click Here for Application Materials (H-2021-00821 Click Here to Sign Up to Testify at the City Council Public Hearing Page 914 Item#31. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING January 4,2022 Legend ---- DATE: ® - Project Lacfl�iar - TO: Mayor&City Council 1 00 FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Woodcrest Townhomes 00 H-2021-0015 (CPAM&RZ) H-2021-0082 (PP,PS) - - LOCATION: 1789 N. Hickory Way, in the SE '/4 of Section 5,Township 3N.,Range 1E. The Commission heard the CPAM&RZ requests on June 3rd and July I"and recommended approval of these applications to City Council. At the City Council hearing on Sept. 7`h, City Council directed the Applicant to submit a preliminary plat(PP) application to be heard concurrently with the CPAM&RZ requests. The Applicant submitted a PP application as directed&Staff updated the staff report to include analysis on the PP application (see underlined text). The Commission heard the PP application on December 2, 2021 and recommended approval to City Council.A private street application was submitted for approval of an internal private street for access to the proposed lots. I. PROJECT DESCRIPTION Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 2.10-acres of land from Commercial to Medium High-Density Residential; and Rezone(RZ) of 2.10-acres of land from the L-O(Limited Office)to the R-15 (Medium High-Density Residential)zoning district. Preliminary Plat(PP) consisting of 19 building lots and 4 common lots (including one lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district.A private street(PS)is proposed for internal access to the proposed lots. Page 1 Page 915 Item#31. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.97-acres Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Residential and office Current Zoning Limited Office(L-O) Proposed Zoning R-15 (Medium High-Density Residential) Lots(#and type;bldg/common) 19 building/4 common Phasing plan(#of phases) NA Number of Residential Units(type 19 units(single-family attached&townhouse dwellings) of units) Density(gross&net) 9.64 units/acre(gross)/13.5 units/acre(net) Open Space(acres,total[%]/ NA buffer/qualified) Amenities 10'wide multi-use pathway along Meridian Rd./SH-69 Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 1/28/21; 10 attendees attendees: History(previous approvals) Annexed&subdivided in 1992 as Angel Park Sub. (Lot 1, Block 1)with L-O zoning;re-subdivided in 2001 (Mallane Commercial Complex PP-00-021);FP-03-001 (Lot 4,Block 1);H-2017-0165 (RZ&CUP—denied) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions Hickory Way is improved with 2-travel lanes,curb,gutter& 5'attached sidewalk.No additional improvements or right-of- way dedication is required with this application. • CIP/IFYWP NA Access(Arterial/Collectors/State Access is proposed via the existing driveway via Hickory H /Local)(Existin and Proposed) Way. Proposed Road Improvements None Fire Service See Section IX.C Police Service No comment. West Ada School District Distance(elem,ms,hs) Page 2 Page 916 Item#31. Capacity of Schools Approved prelim Approved MF Enrolled plat parcels per units per Miles #of Students Enrolled for 21-22 Ca aci attendance area attendance area W 5 h.'I River Valley Elementary 445 700 571 764 1.6 Lewis&Clark Middle School 866 1000 978 1319 2.4 Centennial High School 1981 1900 549 1234 4.8 School of Choice Options Pioneer Elementary(Arts) 713 775 N/A N/A 4.4 Spalding Elementary(Stem) 697 750 N/A N/A 4.1 Wastewater • Distance to Sewer Services Directly Adjacent • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.14 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Do not have services crossing private lots •Flow is committed. •Existing sewer not shown correctly.Missing existing manhole and shown as extends further into the property then existing sewer actually goes. •There is an existing 8" stub from existing manhole that looks like it will not be used.If this is the case the existing stub must be abandoned at the manhole per City Requirements. •Ensure that infiltration trenches are located so that sewer services do no pass through them. Water • Distance to Services Directly adjacent • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns •Do not have services crossing private lots Page 3 Page 917 Item#31. C. Project Maps Future Land Use Map Aerial Map �4'v .'aa ro" Legend � Legend :raulll�ra.' I�Project Lacaikor `'d1U Prajeof Lflcci-c�r �;,.:: `:S � 2.1 Mal s - 'i� �`"� ` ri I �{1�� a t C V. igh �� _ _ , },• erP'sify� ral _ _ - r-Rezi fial u _C t met, 7 71 Zoning Map Planned Development Map ®h1J T R: {�Rj LU - Legend Legend R1 lei 3 Projec- Laepfl=oTr ® - 1 R-4 Id Project Lflcfl for TIlT7TrAf1 R. RU y iCity Liffk& LG Planned Pumels Y�] TMI L R-4 R-:-L5 L C-G RU L- f R1 � o 0 �T $o �R- R.' R= i 11 WE RUI i mr, III. APPLICANT INFORMATION A. Applicant: Andrew Newell,Blaine A.Womer Civil Engineering-4355 W. Emerald St., Ste. 145,Boise, ID 83706 B. Owner: Don Newell,Landmark Pacific Development,LLC-PO Box 1939,Eagle, ID 83616 Page 4 Page 918 Item#31. C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/14/2021 & 11/16/2021 7/23/2021 & 12/19/2021 Radius notification mailed to property owners within 300 feet 5/12/2021 & 11/10/2021 7/20/2021 & 12/15/2021 Public hearing notice sign posted on site 6/10/2021 & 11/19/2021 7/15/21 & 8/23/21 & 12/15/21 Nextdoor posting 5/11/2021 & 11/12/2021 7/20/2021 & 12/16/2021 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. This designation provides for a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses. The Applicant proposes an amendment to the FLUM to change the existing Commercial designation to Medium High-Density Residential(MHDR). The MHDR designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The Applicant proposes to develop the site with a total of 19 single-family attached and townhome dwellings at a gross density of 10.8 units per acre consistent with the land uses and density desired in MHDR designated areas; and an o ffiee building. This site abuts a larger residential neighborhood to the north and is located in close proximity to mixed use designated land and employment uses to the east and southeast, including vacant land yet to be developed, The Village at Meridian, Scentsy and other uses along the Eagle Road corridor,which will provide convenient access to services and jobs for residents. The development should incorporate high quality architectural and site design to ensure quality of place and incorporate connectivity with adjacent uses and pathways and include attractive landscaping and a project identity as desired in MHDR designated areas. 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): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Page 5 Page 919 Item#31. The proposed single-family attached dwellings and 3- and 4-unit townhomes will contribute to the variety of residential housing types in this area and within the City as desired. Single-family detached and attached homes exist to the north and northeast in Dove Meadows subdivision, zoned R-8. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed single-family attached and townhouse dwellings will contribute to the diversity in housing types in this area, which currently consist ofsingle family attached and detached homes. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed residential uses will provide a transition in uses between existing single-family homes to the north and commercial/office uses to the south. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential development and site design should be compatible with existing abutting single-family residential homes to the north. • "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 residential infill development shouldn't negatively impact abutting development as existing uses are also residential in nature and the medium high-density residential uses will assist in providing a transition to the commercial/office uses to the south. • "Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities."(2.01.01C) The proposed MHDR FL UM designation for this property will contribute to the range of residential land use designations in this area of the City which mainly consists of medium density residential (MDR). • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;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 street buffer already exists along N. Hickory Way, a collector street, along the northern boundary of the site. Page 6 Page 920 Item#31. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the future subdivision. • "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 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 2.10-acres of land from Commercial to MHDR for the development of 19 single-family attached and townhome dwellings at a gross density of 10.8 units per acre. An exhibit map showing the existing and proposed FLUM designations is included in Section VIII.A. Approval of the proposed amendment to MHDR will contribute to the range of residential land use designations and diversity in housing types and densities in this area as desired. Additionally, it will provide for a transition in land uses between existing medium density residential uses to the north and commercial/office uses to the south and east. The change to a residential designation and subsequent proposed development will provide for fewer vehicle trips per day than would result from commercial development. For these reasons, Staff is in support of the request for a map amendment to MHDR. B. REZONE(RZ) The Applicant proposes to rezone 2.10-acre of land from the L-O(Limited Office)to the R-15 (Medium High-Density Residential)zoning district consistent with the proposed FLUM designation of MHDR. A legal description and exhibit map for the rezone area is included in Section VIII.B. This vacant/undeveloped property is an enclave surrounded by property developed with single-family residential uses to the north and commercial/office uses to the south and east; only the property to the west is yet to develop. Developent of the subject property will provide more efficient provision of City services. A conceptual site plan and building elevations were submitted showing how the property is planned to develop with(19) single-family attached and townhouse dwelling units consisting of(1) single-family attached structure,(3)3-unit townhouses, and(2)4-unit townhouses and a 2,500 buildin . The property is pla+med-proposed to be subdivided thfough a ft4we apphe^* ^^. The existing subdivision plat(i.e. Mallane Subdivision)requires all lots in the subdivision to obtain conditional use permit approval prior to construction commencing on the lots; this requirement will be removed with re- subdivision of the property. The existing plat also depicts a 10' PUDI easement and 25' wide landscape easement along the west and north boundaries and a sanitary sewer,water main and public utilities easement along the east boundary of the site. The landscape buffer easement will be removed since a landscape buffer isn't required between residential uses and the PUDI easements will be replaced with new easements with the future plat. Single-family attached and townhouse dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table I I-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Page 7 Page 921 Item#31. The conceptual development plan depicts access to the site via a cross-access easement from an existing driveway from N. Hickory Way, a collector street; no stub streets exist to this property. Direct access via N. Hickory Way is prohibited. A private street is planned to provide access to the proposed development and for addressing purposes; an application for such should be submitted prior to the City Council meetin&with the preliminary plat application and compliance with the standards listed in UDC 11-3F-4 is required. Staff recommends the Applicant work with the property owner to the east to extend the private street to Hickory Way in order to better facilitate emergency access to the site for wayfinding purposes and to comply with UDC 11-3F-4A.2,which requires the private street to connect to a local or collector street. An attached sidewalk is proposed along one side of the private street for pedestrian access. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6. A minimum of 2 spaces are required per dwelling unit for 1-and 2-bedroom units,with at least one of those in an enclosed garage,the other space may be enclosed or a minimum 10' x 20' parking pad. For 3-and 4-bedroom units, a minimum of 4 spaces are required per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad. Garages are proposed for each unit with parking pads in front of the garages. F Twenty(20)extra spaces for guests are proposed in the common areas oeaf the efftfy. On-street parking is not allowed due to the width of the private street. A minim,&m of one(1) off street pafk4ag ired for-every 500 square feet(s.f-.) of gross floor- afea for-nen residential uses (i.e. the offiee). Based on 2,500 s.f-. for-the office, a minimum of(5) spaees spaees for-the offiee eaer-aaeh within the r-equir-ed 20 feet wide btiffer-to r-esidepAial uses,whieh is not allowed.An office is no longer proposed. Because the site is below 5-acres in size, qualified open space and site amenities are not required by the UDC per UDC 11-3G-2. A total of 9410.40-acre of open space is proposed as shown on the concept plan,which includes the street buffer alongHry Wadparking. A 20-foot wide landscaped street buffer and attached sidewalk exists on this site along N. Hickory Way that was installed with the subdivision improvements that is proposed(and required)to remain. Conceptual building elevations were submitted for the single-family attached and 3-unit and 4-unit townhouse structures as shown in Section VIII.D. Building elevations consist of a mix of materials including horizontal wood siding,vertical board and batten siding,wood shake siding and cement plaster with stone veneer accents and architectural asphalt roofing. Geneeptual building elevations were also submitted for-the offiee with building mateFials eensisting of eemeni plaster-with stene veneer-and deeer-ative wood timber-aeeents and ar-ehiteetufal asphalt roofing eensistei4 with the residential Final design of all structures is required to comply with the design standards in the Architectural Standards Manual. Detailed review of the elevations for compliance with these standards will take place with the Celt fieme of Zoning Complianee ^Na Design Review application prior to application for building permits. The City may require a development agreement(DA)in conjunction with a rezone 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. Staff Recommendation: , development of this site is diffieult. The proposed eoneept plan with an offlee at the southeast eor-ner-with par-king that ener-oaehes within the required land use buffer-does not eomply with UDC standards as noted above and is .The Comprehensive Plan states development in MHDR designated areas should incorporate high quality architectural and site design to ensure Page 8 Page 922 Item#31. quality of place and incorporate connectivity with adjacent uses and pathways and include attractive landscaping and a project identity.To achieve this goal and alleviate some of the spaeial constrictions on the site, Staff recommends as R PFOViSiOfi of the Fezone that the offlee building is removed from the plan a the plans were updated to include additional open space with quality landscaping and some additional parking as directed by the City Council is with a pathways along the south and east sides of the development and a gazebo with a seating area as an amenity which can be shared between the residential and commercial development. Staff recommends a pathway is also provided from the sidewalk along the private street through the common area to the parking area at the southeast corner of the site.Prior-to the City Couneff hearing,the Applicant should revise the concept plan aeeordingl�-. C. PRELIMINARY PLAT(PP): The proposed PP consists of 19 building lots and 4 common lots(including one lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. Proposed lots range in size from 3,789 to 2,000 square feet(s.f.)with an average lot size of 2,701 s.f. The proposed gross density of the subdivision is 9.64 units per acre. The subdivision is proposed to develop in one phase. Existing Structures/Site Improvements: There are no existing structures on this site. The western portion of the drive-aisle along the eastern boundary on the site lies on this property. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-15 for the R-15 zoning district.The proposed plat appears to comply with the dimensional standards of the district. Access: Access is proposed from an existing driveway from N. Hickory Way, a collector street. A private street is proposed for internal access to the proposed lots. be submitted or-ior-to the City C-ou ej h,..,..;M.Compliance with the standards listed in UDC 11-3F-4 is required. Landscaping(UDC 11-3B): A street buffer exists along N. Hickory Way, a collector street,that complies with the standards listed in UDC 11-3B-7C. Landscapin is s required to be provided in internal common open space areas in accord with the standards listed in UDC 11-3G-3E. The stormwater drainage pond on Lot 16,Block 1 is required to be landscaped per the standards listed in UDC 11-313-11C. Landscapin is s required along all pathways per the standards listed in UDC 11-313-12C;the landcape plan shall be revised accordingly. Common Open Space& Site Amenities(UDC 11-3G-3): Because this site is below 5-acres in size, common open space and site amenities are not required. A total of 0.40-acre of open space is proposed as shown on the concept plan,which includes the street buffer alongHry Way and parking. Sidewalks(11-3A-1 n: There is an existing attached sidewalk along N. Hickory Way, a collector street. The UDC requires 5-foot wide detached sidewalk along collector streets;however,because the existing sidewalk is in good condition, Staff does not recommend it's reconstructed as a detached sidewalk. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lightingis s required to be installed in accord with the Ci , 's adopted standards, specifications and ordinances. Page 9 Page 923 Item#31. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. D. PRIVATE STREET(PS)(UDC 11-3F): A private street application was submitted for an internal private street providing access to the proposed units.All private streets are required to be designed and constructed to the standards listed in UDC I I- 3F-4. Private streets are not intended for single-family develoments other than those that create a common mew through the site design or that propose a limited gated residential development. The applicability may be extended where the Director or Fire Marshall determes that a private street will enhance the safety of the development.A common mew is not proposed; therefore, a gated development should be provided unless otherwise approved through Alternative Compliance in accord with UDC 11- 3F-4B.3 as set forth in UDC 11-513-5. Gates are required to comply with the standards listed in UDC 11-3F-4A.4. The Fire Dept.has approved the design of the proposed private street. "No Parking Fire Lane" signs are required to be installed the entire length of the street in accord with ACHD standards; if a curb exists next to the drive aisle,it shall be painted red per UDC 11-3F-4B.2d.The gated entries to the private street should also be approved by the Fire Dept.to ensure emergency access can be provided to the site. The private street is required to be constructed in accord with roadway and storm drainage standards of the transporation authority or as approved by the City based on plans submitted by a certified engineer. An attached sidewalk is proposed along one side of the private street. The Director is supportive of a private street for this development for the following reasons: a named private street will assist in wayfinding for homes in this development off the collector street(N. Hickory Way); no local street access exists to this property; and a public street isn't desired in this location. Thus, the Director has tentatively approved the private street application subject to completion of the tasks listed in UDC 11-3F-3B within one(1)year. VII. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Rezone with the requirement of a Development Agreement, and preliminary_plat per the provisions in Section IX in accord with the Findings in Section X. The Director tentatively pproved the request for a private street subject to completion of the tasks listed in UDC 11-3F-3B within one(1)year. B. The Meridian Planning&Zoning Commission heard these items on June 3,and July 1, 2021. At the public hearingon July 1",the Commission moved to recommend approval of the subject CPAM and RZ requests to the City Council. 1. Summary of Commission public hearing_ a. In favor: Blaine Womer,Applicant's Representative;Louie Mallane b. In opposition: None C. Commenting: Dave McDonald; Shirley Moon;Randy Nelson;Ann Atarian d. Written testimony:None Page 10 Page 924 Item#31. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Ke, issue(s)of public testimony a. Desire for a time limit to be put on the residential FLUM designation/R-15 zoning(if development doesn't occur within a certain timeline,the land use and zoning would revert to Commercial/L-O zoning); traffic&safety concerns on Hickory Wa- maintenance of the existing masonry wall and landscape strip along north boundaryof sj IL. Inadequacy of parking in this area(Louie's restaurant/bank patrons park on this ro e C. Unsafe driving conditions due to lack of visibility of cars pulling out onto Hickory Way from the site due to the curve of the road. 3. Ke, issue(s)of discussion by Commission: a. In favor of the proposed development plan over previous plans for this site; b. Concern pertaining to safety of access onto Hickory Wad c. Preference for the 4-unit townhome proposed along the north boundary to be reduced to a 2-or 3-unit townhouses for better transition to the existing homes to the north. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)sus for City Council: a. None C. The Meridian City Council heard these items on August 10 and September 7,2021.At the public hearingon August 10',the Council moved to continue the project to September 7'in order for the Applicant to prepare a parking analysis for the overall area. See submitted parking anal At the September 7t'hearing, Council continued the project to a future hearing date to be scheduled concurrently with the future preliminary plat application. 1. Summary of the City Council public hearing: a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald, Ryan Abbott,Louie Mallane d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony, a. Request for the 4-unit townhomes to be relocated to the southern lots or reduced to fewer units: b. Concerns pertaining to traffic and parking. 3. Key issue(s)of discussion by City Council: a. Council questioned the Applicant on why residential is more appropriate than commercial office use of the property as currently zoned—concern due to the loss of commercially zoned land: b. The bulk and height of structures proposed along the northern boundary of the site adjacent to existing single-family residential homes C. The adequacyparking proposed for the development and concern for the parking situation for the overall development area including the adjacent restaurant/commercial and bank uses. 4. City Council change(s)to Commission recommendation: a. At the hearing on Sept. 7t'', Council directed the Applicant to make changes to the conceptual development plan to include additional parking in one of the common areas Page 11 Page 925 Item#31. wherever it can be fit in): and expressed concern pertaining to the height and location of the structures proposed along the north boundary adjacent to existing residents. D. The Meridian Planning&Zoning Commission heard this item(PP—H-2021-0082)on December 2,2021.At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald,Jerry Evans d. Written testimony: None e. Staff presenting gpplication: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Concern pertaining to parking alongthe he adjacent collector street(Hickory Wax from the proposed development, b. Preference for the previous site design without parkin on n the periphery of the southeast boundary; c. Concern pertaining to planting of shrubs within the utility easement(that contains utilities,)along the northwest boundary of the site and adequacy of parking for the development; d. Concern pertaining to traffic on Fairview and desire for improvements on Hickory to increase traffic flow. 3. Key issue(s)of discussion by Commission: a. Discussion pertainingtparking analysis submitted b, t�Pplicant for this area. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 12 Page 926 Item#31. VIII. EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date-6/28/2021 Adopted Land Uses 500 1,000 s Feet Medium.Density 'Residenfial MU-RG ewood Legend `TMISAP Boundary Commercial Low Density Residential Medium Density Residential Med-High Density Residential - High Density Residential -Commercial I-C Office General Industrial j - Industrial � civic Proposed Land Uses Old Town Mixed Use Neighborhood Mixed Use Community Mixed Use Regional _ -_ - Mixed Use Non-Residential 0 MixedUse-Interchange edium-Density 'Residential Low Density Employment -_ I U - High Density Employment Mixed Employment MU-RG —J MU-Res �— Med-High L— MU-Cam Density ® Lifestyle Center Residential c mmercial 1 � MU C Generallndustrial Page 13 Page 927 Item#31. B. Rezone Legal Description and Exhibit Map WOODCRESI'TOWNHOMES SUBDIVISION EXHIBIT'A' LEGAL.DESCRIPTION A PARCEL LOCATED IN THE SOUTIWEST 1/4 OF TIM SOUTHEAST 114 OF SECTION 5,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO BEING A PORTION OF LOT 4,BLOCK 1 OF MALLANE SUBDIVISION,AS SHOWN IN BOOK 87 OF PLAI'S ON PAGES 9881 THROUGH 9883,RECORDS OF ADA COUNTY,IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTH 1/4 CORNER.OF SAID SECTION 5 AS SHOWN ON SAID PLAT; THENCE NORTH 001128'03"EAST A DISTANCE OF 67,14 FEUTTO A V8 INCH DIAMETER IRON PIN MARKING THE SOUTHWEST CORNER OF LOT 3, BLOCK 1 OF SAID MALLANE SUBDIVISION; THENCE CONS TINUING NORTH 001128'43"EAST ALONG THE WESTERLY LINE OF SAID LOT 3,A DISTANCE OF 252.95 FEET TO A 112 INCH DIAMETER IRON PIN MARKING THE SOUTHWEST CORNER OF SAID LOT 4 AND THE TRY;E P0114 I'OF BEGINNING; THENCE CONTINUING NORTH 00028'03"EAST ALONG THE WESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 129.73 FEET TO A 5/8 INCH DIAMF,TF,R IRON PIN; THENCE NORTH 430 19'32"EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 257.72 FEET TO 518 INCH DIAMETER IRON PIN; I HLNCE CONTINUING NORTH 4301932"EAST ALONG THE NORTHEASTERLY PROLONGATION OF SAID NOTIIWESTERLY BOUNDARY, A DISTANCE OF 34.49 FEET TO THE CENTER LINE❑F NORTH HICKORY WAY, THENCE SOUTH 76012'56"EAST ALONG SAID CENTER LINE,A DISTANCE OF 90.01 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 400.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CENTER LINEAND SAID TANGENT CURVE,93.24 FEET THROUGH A CENTRAL.ANGLE OF 13021'21"TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY BOUNDARY OF SAID LOT 4; Page 14 Page 928 Item#31. PAGE 1 OF 2 THENCE SOUTH 00°2644"WEST ALONG SAID PROLONGATION,A DISTANCE OF 33.93 FEET TO A 1/2 INCH DIAMETER lkoN PIN MARKING THE MORTHFAST CORNER OF SAID LOT 4; THENCE SOUTH W0°26144"WESTALONG SAID EASTERLY BOUNDARY,A DISTANCE OF 210.08 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE LEAVING SAID EASTERLY DOUNDARy NORTR 89*3420"WEST,A DISTANCE OF 244.56 FEET TOA5/8 INCH DIAMETER IRON PIN; THENCE SOUTH 00028'04"WEST,A DISTANCE OF 4 7.00 FEET TO A 5f8 INCH DIA.MEfER IRON PIN ON THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE NORTH 8"722"WEST ALONG SAID SOUTHERLY BOUNDARY,A DISTANCE OF 129.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2.10 ACRES,MORE OR LESS. EXHIBIT`B'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. i L @l � f 7732 q A. ' Page 15 Page 929 Item#31. m A- "a 0 71 a rn rn o rae 4 .. .... ..... .......•............... ............... ....... :. :.:.<....!. . .. .. w lLA . . ti 773 478 4F L4 '�] A• JN14120 Annexation description 4/21/2021 Scale: 1 inch= 50 feet File: Tract 1:2-1063 Acres(91752 Sq,l seta,Closure:n00.i7000e 0.00 ft.(11281991),Perimeter=12701t. 01 n002803e 129.73 08 n89-3420w 244.66 02 n43.1932e 257.72 09 s00.2804w 47 03 n43-1932e 34. B 10 o89.3722w 129.2 04 s76.1256e 90.01 05 Rt,r=400.00,delta=013.2121,arc--93.24 06 s00.2644w 33.93 07 s- 0OIW44w 210.08 Page 16 Page 930 Item#31. C. Conceptual Development Plan-REVISED "�0"0Ri wnr 14 rT N � , 11 21 r o, Utt F AI E:.ILI.V.IL 1lnow w1151's helOw. E x El Call before you di . n ry u BLAINE A.WOMER 1'JL YtE'iTi 1'H'IES SI;�I�A4CM1 'F 'f ow���HEER,H� ITE I3XOJT ANj Ia+EMICK EiNUT ETT_ -T Page 17 Page 931 Item#31. D. Conceptual Building Elevations—REVISED ��• .sins �ii� Ell EIN .. ?��~~��'�^Syi�^�''Sk�>>�ry%a�•saS .�.o.®m '3.'3 - —....� I FAIRWAY TOWNHOMES(2 UNIT) Page 18 Page 932 Puoel9 ----------- Item#31. :__-- eE Eo ® ®nee® e� m ®v ym � Eo ® of Ell gm o- -�- Ll �\ 6 FAIRWAY TOWNHOMES(4-UNIT) ARGIRECTURE ------------- FAIRWAY TOWNHOMES(4-UNIT) ARGIRECNRE Page 20 Page 934 Item#31. E. Prelimina , Plat dated: 9/7/21) PRELI MNARY PLAT(,F WOODCREST TOWNHOMES SUBDIVISION A—0-of lPNO L lE-N 111E AWIIA1 III W THE SWIH6 T I/• 'EOTON 5 �IHP J 140n 4klLE-F ..WEE MERNNI Cm•OF YEROVA AVA COO)NM INWO 5EPMBER.2021 1 N oN Y I i/ /� // 'L� ~R���•"�acrgry i �! I VICINITY MAP NTS PRFUMINRRY PLAT UH[7 USE SUMMARY � , J 1 ��� i �'`e _` � •'� ` � DEVELOPMENT NME5 CUFNE TABLE ---.— LEGEND CONTACT IXF9MrW1IDN ,,,n6 w.,,,s. ran-•�. — -- — .. —b—ro—w— R ----------------------assY —— -------- 11Krrrtn FaFI:•. T' 8l•EIN9LW — — —. — uwa•w oi't;r�n.ti.r oi'.r:r._-. .—..—. — .—..—..—..ewil'— -------- Wno win • 9EnL{NL[HEER -�L.�•FOFIE-T n E L- �� ,I"---e;, .. CITY OF NERIOWH.IO -� Know whaRY heIOW. - BLAINE A.WOM ER _" WOOOfREST TtlNHHONES SUEIDNISIOH C3II6efaEe you Elg .` c. w:ux.c:.o cNElEOME COVER SHEET �p ""�•- 1e�,w Y PREJMINRRI'PUT "`�:'�' .• s`5P �� Page 21 Page 935 Item#31. F. Landscape Plan(dated: 11/4/2021) LANDSCAPELEGEND ❑I PLANT SCHEDULE" 7 r Y�I $ WINI m. //,�v�- on (j• O w�w... rm.e vra vin.vm I �Zf CAL-OUT LEGEND E W o 0 ®R A z U C o Ip ca 0 s ao � 1LANDSCAPE PLAN lo Li LANDSCAPE SET SHEET INDEX 0 THIS SHEET L1 0 LANDSCAPE PLAN SEE SHEET L2.0 FOR LANDSCAPE NOTES AND DETAILS. SEE SHEET L3 0 FOR IRRIGATION NOTES&DETAILS SEE SHEET L31 FOR IRRIGATIONCONTROL DETAILS L1.0 SEE SHEET L3 2 FOR DRIP IRRIGATION DETAILS LANOSCAPE NOTES 'a` ., VINYL FENCE PANEL Wg» S.PERENNIAL&GROUNDCOVER� PLANTING _ m,.e..,,...Y•..- .a, L ;�.! a r.. �— a .W...e —�-i- TREE PROTECTION NOTES: ""'�"" Z VINYL FENCE-3'HT TRANSITION s VSHRUB PLANTING .........a.,,.p.m. .. ..... TREE MITIGATION NOTES: Y 11DVRA EDGE STEEL TREE TRANSPLANT NOTES: LEI EDGING '"`" a TREE PROTECTION oeralL^� LL eR! m R Page 22 Page 936 Item#31. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION P40F tO the City Couneil hearing, Staff recommends the eoneeptual development plan is revised to Femove the offlee building and Feplaee it with eommon open spaee with quality landseaping that iHeffpffates the following! PaFlEiRg,pedeStFiaH pathWaYS a10H9 the south and east sides of the development,and a gazebo with a seating fiFen whieh ean be shared between the residential and eommeFeial development; I. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan,preliminarxplat and building elevations included in Section VIII and the provisions contained herein. b. Future development shall comply with the design standards listed in the Architectural Standards Manual.An application for Design Review shall be submitted and approved for the single- family attached and townhouse structures prior to submittal of building permit applications. c. Direct lot access via Hickory Way is prohibited except for the private street common lot. d. The proposed development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity consistent with the Medium High-Density Residential Future Land Use Map designation in the Comprehensive Plan. e. The subject property shall be subdivided prior to submittal of^ CeFfi eme of Zoning Gemplianee and Design Review building=permit application(s) for the site. £ The Applicant shall work with the property owner to the east to extend the private street to Hickory Way if possible in order to better facilitate emergency access to the site for wayfinding purposes.Note: The private street is required to connect to the collector street(i.e.N. Hickory Wax);the connection requires approval from ACHD. If not possible to connect,the Applicant shall submit an application for alternative compliance to UDC 11-3F-4A.2. 2. The final plat shall include the following revisions: a. A separate common lot shall be provided from the private street lot(i.e. Lot 15,Block 1,) for the property along the east boundary inelude the i3ei4ion alang the east b,,,,ra.,n e ate met. b. Note#8: "Lot 15,Block I is prepp2gd-as a private roadway that shall provide access to all lots in the subdivision and shall be owned and opff1aW maintained by the home owner's association." 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a pathway from the sidewalk along the private street on the west end of the site through the common area to the parking area at the southeast corner of the site. b. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-12C. Page 23 Page 937 Item#31. 4. A private street application sha4J&e was submitted and tentatively approved by the Director for the proposed private street; compliance with the standards for such listed in UDC 11-3F-4 is required. The Applicant has one (1)year to complete the tasks listed in UDC 11-3F-3B in order to obtain final approval of the private street.Upon completion of these tasks,the Applicant shall submit documention to the Planning Division verifying completion and the Director will issue a letter stating the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved per UDC 11-3F-3B.5. 5. "No Parking Fire Lane"signs are required to be installed the entire length of the private street in accord with ACHD standards; if a curb exists next to the drive aisle,it shall be painted red per UDC 11-3F-4B.2d. 6. Gates shall be provided at each end of the private street in accord with UDC 11-317-51)and shall comply with the standards listed in UDC 11-3F-4A.4 and be approved by the Fire Marshall,unless otherwise approved through Alternative Compliance in accord with UDC 11-3F-413.3 as set forth in UDC 11-513-5. 7. Submit a detail of the proposed gazebo on Lot 16,Block 1 with the final plat application. 8. A Design Review application shall be submitted for all of the structures in the development and qpproved prior to submittal of applications) for building permits. The elevations submitted shall comply with the design standards in the Architectural Standards Manual and the provisions in the Development Agreement. B. PUBLIC WORKS Site Specific Conditions of Approval 1.1 No Permanent structures (buildings,carports,trash receptacle walls, fences, infiltration trenches, lightpoles, etc.)can be built within the utility easement. 1.2 Do not have water and/or sewer services crossing private lots. 1.3 The existing sewer is not shown correctly. Missing existing manhole and shown as extending further into the property then existing sewer actually goes. 1.4 There is an existing 8" sewer stub from existing manhole that looks like it will not be used. If this is the case the existing stub must be abandoned at the manhole per City Requirements. 1.5 Ensure that infiltration trenches are located so that sewer services do no pass through them. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The Page 24 Page 938 Item#31. easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Page 25 Page 939 Item#31. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221 L. C. FIRE DEPARTMENT 1. Roadways: When required by the Fire Marshall, "No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC.No other signs shall be approved: Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside,per International Fire Code Section 503.2.4. Roadways: All common driveways and alleys shall be maintained at all times for access by fire, police and EMS at all times of the year. D. POLICE DEPARTMENT No comments at this time. Page 26 Page 940 Item#31. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=228988&dbid=0&r0o=MeridianCity&cr =1 F. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https:llweblink.meridiancity.orF WWebLinkIDocView.aspx?id=228242&dbid=O&repo=MeridianCity G. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridianciU.oLglWebLinkIDocView.aspx?id=229685&dbid=0&repo=MeridianCity H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLinkIDocView.aspx?id=228193&dbid=0&repo=MeridianCity 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: I. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds the proposed amendment to MHDR is consistent with the Comprehensive Plan in that the proposed infill development will provide a transiton in uses from single-family residential to commercial uses to the south and contribute to the diversity in housing types in this area as desired. 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 FLUM designation from Commercial to MHDR will allow a transition in uses between existing medium density residential homes and commercial uses and will provide an improved guide to future growth and development of the City. 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 will be compatible with abutting existing residential uses and existing commercial land uses in the near vicinity. 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. Page 27 Page 941 Item#31. 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 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's request to rezone the subject property with R-15 zoning and develop single-family attached and townhouse dwellings on the site at a gross density of 9.64 units per acre is consistent with the proposed MHDR 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 R-15 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 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 residential uses should be compatible with adjacent single-family residential homes/uses in the area. 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. This findings is not applicable as a rezone, not an annexation, is proposed. C. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminM plat,combined preliminary and final plat, or short plat,the decision- making body shall make the followingfindings:ndings_(Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, ef£ 7-8-2008) The Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section IX. Page 28 Page 942 Item#31. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The Commission finds public services can be made available to the subiect property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city�pital improvement program; The Commission finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of sLipporting services for the proposed development; The Commission finds there is public financial capability ofsupporting services for the proposed development. 5. The development will not be detrimental to the public health, safe , or general welfare; and The Commission finds the proposed development will not be detrimental to the public health, saffeU or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. D. Private Street(UDC 11-3F-5) 1. The design of the private street meets the requirements of this article: The Director finds the proposed private street complies with the design and construction standards listed in UDC 11-3F-4 if the Applicant complies with the conditions of approval in Section IX. 2. Granting approval of the private street would not cause damage,hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity; and The Director finds approval of the private street will not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director finds the location and use of the private street will not conflict with the comprehensive plan and/or the regional transportation plan. 4. The proposed residential development(if applicable) is a mew or gated development. The Director finds the proposed development shall be a gated development in order to comply with this°finding. Page 29 Page 943 Item#32. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance 22-1960: An Ordinance (H-2020-0111 Aviator Subdivision) for Rezone of a Parcel of Land Situate in the Southwest Quarter Of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 11.84 Acres of Land from M-E (Mixed Employment) Zoning District to R- 15 (Medium High Density Residential) Zoning District in the Meridian City Code, Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page1007 ADA COUNTY RECORDER Phil McGrane 2022-001301 BOISE IDAHO Pgs=4 ANGIE STEELE 01/05/2022 10:34 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-1960 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0111 AVIATOR SUBDIVISION) FOR REZONE OF A PARCEL OF LAND SITUATE IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 HEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 11.84 ACRES OF LAND FROM M-E (MIXED EMPLOYMENT) ZONING DISTRICT TO R-1.5 (MEDIUM HIGH DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER,AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Larry Kline, LAG Sadie Creek, LLC. SECTION 2. That the above-described real property is hereby re-zoned from M-E (Mixed Employment) Zoning District to R-15 (Medium High Density Residential) Zoning District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. RE-ZONE ORDINANCE—AVIATOR SUBDIVISION-H-2020-01 11 PAGE 1 OF 3 SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2)plus one(1) of the Members of the full Council,the rule requiring two (2) separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly,this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 4th day of January 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO, this 4th day of January _' 2022. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 4th day of January , 2022 before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing At: Meridian,Idaho My Commission Expires: 3-28-2022 RE-ZONE ORDINANCE—AVIATOR SUBDIVISION-H-2020-0111 PAGE 2 OF 3 CERTIFICATION OF SUMMARY . William L.M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . � OA in . 1 William L. M . Nary, CityAttomey SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 224960 An ordinance (H-2020-0111 Aviator Subdivision) for the rezone of a tract of land as defined in the map published herewith, establishing and determining the land use zoning classification from M-E (Mixed Employment) Zoning District to R45 (Medium High Density Residential) Zoning District in the Meridian City Code ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] i RE-ZONE ORDINANCE - AVIATOR SUBDIVISION - H-2020-0111 PAGE 3 OF 3 Item#32. Exhibit A Rezone Legal Description LEGAL DESCRIPTION .`—� .��•—', THE rage 1 OF 1 LAND GROUP November 10,2020 Project Na.:120035 R/Z EXHIBIT CITY OF MERIDIAN REZONE FROM M-ETO R-15 DESCRIPTION An area of land situate in Southwest Quarter of Section 10,Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the West Quarter Corner of said Section 10(from which the Southwest Corner of said Section 10 bears South 00'38'57"West,2653.05 feet distant);Thence on the west section line of said Section 10,South 00°3t'57"West,1565.22 feet;Thence leaving said west section line,South 89'15'44" East,25.00 feet to a point common with the easterly right of way line of North Black Cat Road and the northerly right of way line of West Aviator Street;Thence on said northerly right ofway line,South 89"15'44"East,470.45 feet to the POINT OF BEGINNING: Thence leaving said northerly right of way line,North 00'36'41"East,626.77 feet to a point on the centerline of the 200 foot right of way of the Union Pacific Railroad; Thence on said centerline right of way line,South 88'25'50"East,824.18 feet; Thence leaving said centerline right of way line,South 00"36'41"West,614.8D feet; Thence North 89"15'44"West,101.63 feet; Thence North 00"44'16"East,46.00 feet; Thence North 89"15'44"West,32.00 feet; Thence South 00"44'16"West,46.00 feet; Thence North 89'15'44"West,484.59 feet to a point common with the northerly and easterly right of way line of West Aviator Street; Thence on said easterly right of way line,South 00'36'41"West,27.50 feet to the centerline of said West Aviator Street; Thence on said centerline of West Aviator Street,North 81'15'44"West,205.91 feet; Thence leaving said centerline,North 00'44'16"East,27.50 feet to the POINT OF BEGINNING. The above described area of land contains 11.84 acres, more or less. PREPARED BY, 4,NL LAN The Land Group,Inc. woo L�GENSF G� Michael Fcmenia,PLS o L4 a 13 0 0 ar of O 4 S. 1111 020 462 East Shore Drive.Suite 100,Eagle,Idaho 83616 208 939 4041 thelandgrouplm.com Aviator Subdivision H-2020-0111 Page 1011 Item#32. Exhibit 6 Exhibit Map W1/4 COR, d SEC.10 �— =QC= ww--- R/w -- RM/---- a UArI1N PACIFIC RAILROA) RICHT-01 -WAY 1 S88.25'50"E 824.18' —-PM/——.— R i — 4 I�1►'ITS N88°25'50`W 495.26W — — — -- — — I Line Table \�r:Nrl I- PUBLIC COMPASS P IIC CHARTER SCHOOL INC �I 3 N BLACK CAT RD LINE BEARING LENGTH 9.85 Acrest 73 L1 N89°15'44"W 101.63' qr- L2 N00`44'16"E 46.00REZONE ARE1L11.84 Aces+. N FROM:M-E ' S- TO'R-15 L3 N89°15'44'W 32,00' q +�+ R1PIf?/7(170 1-4 S00'44'16"W 46.00' 0 z'� o� 889'15'44'E 25.00' P� L3� L5 300°36'41"W 27.50' �� nw `R89'1,�4'E 470.54'R/WF-L7 N89°15'44'W 484.59' ` L W. AVIATOR STP�'ET ,`"n — — ~— r ��t L6 N89°1544'W 205.91' R/W L32.00' L7 N00°44'16T 27.50' Cqm �m Rezone for Wo o sWcoR. Compass Public •i �, SEC.10 Charter School, Inc. °' •— Situate in a Portion of the SW 1/4 of Section 10 .� 5 Township 3 North,Range 1 West,Boise Meridian 61J City of Meridian,Ada County,Idaho r�r N 2020 0 200' 400' R/Z Exhbit a \ / Horizontal Scale:l°=200' Pmirct mq.:l2oau of 1 Dale of Issuance:November 10,2020 Aviator Subdivision H-2020-0111 Page1012 Item#33. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 22-1961: An Ordinance (H-2021-0042 — Intermountain Wood Products) for Annexation of a Parcel of Land Described as Parcel 1 in Warranty Deed, Inst. No. 2020-012834, and All That Certain Parcel Described in Warranty Deed, Inst. No. 2019-121778, Located in the Northeast % of the Northeast % of Section 18, Township 3 North, Range 1 East, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 3.501 Acres of Land From RUT to I-L (Light Industrial) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page1013 ADA COUNTY RECORDER Phil McGrane 2022-001305 BOISE IDAHO Pgs=4 ANGIE STEELE 01/05/2022 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-1961 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0042 — INTERMOUNTAIN WOOD PRODUCTS) FOR ANNEXATION OF A PARCEL OF LAND DESCRIBED AS PARCEL 1 IN WARRANT DEED, INST. NO. 2020-012834, AND ALL THAT CERTAIN PARCEL DESCRIBED IN WARRANTY DEED, INST. NO. 2019-121778, LOCATED IN THE NORTHEAST '/4 OF THE NORTHEASE '/4 OF SECTION 18,TOWNSHIP 3 NORTH,RANGE 1 EAST,ADA COUNTY, IDAHO,AND BEING MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY,IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 3.501 ACRES OF LAND FROM RUT TO I-L(LIGHT INDUSTRIAL)ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit"A"are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Banks Group, LC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to I-L (Light Industrial) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,rescinded and annulled. ANNEXATION ORDINANCE—Intermountain Wood Products(H 2O21-0042) Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be,and the same is hereby,dispensed with,and accordingly,this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _4th day of January , 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO, this 4th day of January , 2022 MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 4th day of January ,2022,before me,the undersigned,a Notary Public in and for said State, personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian,Idaho MY COMMISSION EXPIRES: 3-28-2022 ANNEXATION ORDINANCE—Intermountain Wood Products(H 2O21-0042) Page 2 of 3 CERTIFICATION OF SUMMARY . William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . 4 L• ),pm� William L. M. Nar , City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 224961 An Ordinance (11-2021 -0042 — Intermountain Wood Products) for annexation of a parcel of land described as Parcel 1 in Warranty Deed, Inst. No . 2020-021834, and all that certain Parcel described in Warranty Deed, Inst. No . 2019421778 , located in the Northeast '/4 of the Northeast 1/4 of Section 18 , Township 3 North, Range 1 East, Ada County, Idaho and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 3 . 501 acres of land from RUT to I-L (Light Industrial) Zoning District in the Meridian City Code. ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] ANNEXATION ORDINANCE —Intermountain Wood Products (11 20214042) Page 3 of 3 item#ss. EXHIBIT A FoP,SGREN ANNEXATION DESCRIPTION A parcel of land described as Parcel 1 in Warranty Dmd,lnst.No.2020-012934,and all that certain Parcel described in Warvmty I eLd,Inst.No,20I 9-121778,located in the Northeast 1/4 of the Northeast 114 of Section 18,Township 3 North,Range I East,Boise Meridian,City of Meridian,Ada County,ID,mare particularly described as follows; COMMENCING at the Northeast Corner of said Section 19,from which the East 114 Comer common to said Section 18 and Section 17,bears,South 00000'39"West,(which is the basis of bearing for this description),for a distance of 2658.72 Feet;thLncc al ong the common line of said Sections 18 and 17,South 00100'00"East,for a distance of 828.49 foot along the centerline of South lxcusl Grove Road to the POINT OF BEGINNING,Fmm which the North 1116 'corner ck3mrnon to Sections 18 and 17 bears,South 00100'OO"Fast,for a distancc of 50]A 0 feet Thrmr-,a}ntinuing South 00'00'00"East along said centerline of South Locust Cruve Ruad,for a distansx of 352.08 foul to the intersection of said centerline and the easterly prolongation of the nurdixly boundary Iine of that certain Parcel shown.on Record of Survey No.10859,Ada County FLUA rdS; Thence along,said northerly boundary line and the easterly prolongation thereof, South 89°O8'55"WCst(formerly South 89'E I'30"West),for a distance of 435.81 fleet to the easterly boundary line of Mcdirnont SuWiyision,as recorded in Book 75,at Page 7794,Ada County Records; Thence along said easterly boundary Zinc,North 00'54'14"East(formerly North 00'55"East), for a distance of 352.53 feet; Thence North 89'11'30"East,for a distance oF430.24 feet nn the POINT OF BEGINNING. The above-described Parcel contains 3.501 acres, more or Icss, of which 0,388 acres, more 4r less is recognized as ACHD right of way, .ti Subject to casements of record and not of record. :1 ft. AU W-"� 917 Lusk StrCCL Suite.3co•Boise,IdaM.S3706•20&-342-3144•rersgnn.aam �Gut€[hix �eh r�ouoturrified Intermountain Wood Products H-2021-0042 Page 1018 ttem#ss. EXHIBIT B ANNEXATION E -1IB1T MAP FOR INTERMOUNTAIN WOOD PRODUCTS LOCATED IN THE NE 1 f4 OF THE NE 1/4 OF SECTION 18, T. 3 N., R. 1 E„ B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2021 f ' E. FRANKLIN RD. 7 8 4 R' 06 (N89.111 f P"E 430-7') °a N891 V30RE 4M 4' _ e �""0 PARCEL I f, WARRANTY DEED IhJ$i M0 2�29-Oi283s o � o O r pC " N e°'y K U'j 17 C WCD cv� ($iW11 1 I2`w 432.3') I !rn W L # W w a WARRANTY DEED IN'ST O. 2019-12177 �r 0 (ALJ O up uA Ld r' yr in >61:0 O tap, M n,11AC �� Tk b 41 IL S � I a 1 ato lz CD 9 I s F 3$7-80' _ _ 48.01' O 89'08'55"W 435981' C S RECORD OF SURVEY I;.+ o N 1 NO. 10651$ o �i I �C NOT A PAR? O i 0 569�b9'S5"W �„ Ul 423 O1' � L — — 1 J1 fi CORNER i SCALE; 1"=100' k ¢ k 18 17 PPoWEUNO.: FoPSGREN + 0158 INTERMOUNTAIN WOOD PRODUCTS !JHEET NO. ` �apgywLVFI[Fn!+r.611Tf�w.00ic�.me�ol ANNEXATION EXHIBIT IDS 307.U23N �i%�3tQ611 1 OF 1 Intermountain Wood Products H-2021-0042 Page 1019 Item#34. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 22-1962: An Ordinance (H-2021-0044 Elderberry Estates Rezone) for Rezone of a Parcel of Land Being a Portion of Blocks 3 and 4 of the Amended Plat of F.A. Nourse's Third Addition as Filed in the Office of the Ada County Recorder, Boise, Idaho, in Book 7 of Plats at Page 299 Lying in the NW % of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 0.658 Acres of Land From C-C (Community Business) Zoning District to 0-T (Old Town) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required By Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page1020 ADA COUNTY RECORDER Phil McGrane 2022-001304 BOISE IDAHO Pgs=4 ANGIE STEELE 01/05/2022 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-1962 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0044 ELDERBERRY ESTATES REZONE) FOR REZONE OF A PARCEL OF LAND BEING A PORTION OF BLOCKS 3 AND 4 OF THE AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION AS FILED IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO, IN BOOK 7 OF PLATS AT PAGE 299 LYING IN THE NW 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 0.658 ACRES OF LAND FROM C-C (COMMUNITY BUSINESS) ZONING DISTRICT TO O-T (OLD TOWN) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Chad Joy. SECTION 2. That the above-described real property is hereby re-zoned from C-C (Community Business) Zoning District to O-T (Old Town) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances,resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approvaland publicartions, according to law. RE-ZONE ORDINANCE—ELDERBERRY ESTATES-H-2021-0044 PAGE 1 OF 3 SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2)plus one(1)of the Members of the full Council,the rule requiring two (2) separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly,this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 4th day of January 2022 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 4th day of January , 2022. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 4th day of January , 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,Idaho,and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing At: Meridian,Idaho My Commission Expires: 3-28-2022 RE-ZONE ORDINANCE—ELDERBERRY ESTATES-H-2021-0044 PAGE 2 OF 3 CERTIFICATION OF SUMMARY : William L.M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . r William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO, 224962 An ordinance (H-2021 -0044—Elderberry Estates Rezone) for the rezone of a parcel of land as defined in the map published herewith; establishing and determining the land use zoning classification from C-C (Community Business) Zoning District to O-T (Old Town) Zoning District in the Meridian City Code ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit A . ] RE-ZONE ORDINANCE - ELDERBERRY ESTATES - H-2021 -0044 PAGE 3 OF 3 Item#34. D. Rezoning Legal Description(date: 5/19/2021) Professional Er►glneers, Land Surveyors and Planners 24 V$t_Sa. Nampa, I $3651 .5 ),C 1 a t- Ph (208)454-0256 Fax(2M 7-41W c-mail=dlwl�sXf�r�usso�nda�oci®ts3.us FOR: Lang&Joy JOB NO.: MRO121 DATE: May 19,2021 REZONE A Parcel of land being a portion of Blocks 3 and 4 of the Amended Flat of F.A.Nourse's Third Addition aq Filed in the offiec of the Ada County Recorder,Boise,Idaho, in Book 7 of Plats at Page 299 lying in the NW 1l4 of e ction 7,Township 3 North,Range 1 East,Boise Meridian,Ada County Idaho,snore particularly described as fellows: Commencing at northwest comer of Section 7; Thence S 00' 24' 03"W a distance of 1105.86 feet along the west boundary of the NW 114 to the POINT OF BEGINNING; Thence N 89' 36'49"E a distance of 135,38 feet parallel with the north boundary tofBlock 3; Thence N 00° 24' 03"E a distance of 193.99 feet paral Ic1 with the went boundary Blocks 3&4; Thence N 99' 36' 49"F.a distance of 127.73 feet parallel with the north boundary of Block 3 to a point on the east boundary of the west half of Block 4 Thence S 000 28' 40" W a distance of 209.00 feet along the east boundary of the west half of Blocks 3 Viz.4; Thence 8 890 36'49"W a distance of 262.83 feet parallel with the north boundary of Block 3 to a point on the west boundary of the NWIA; Thence N 00'24' 03" E a distance of 15.00 feet along the west boundary of the N W 114 to the PollNT OF BEGINNING. Page 12 Page 1024 Item#34. This parcel contains 0.658 acres,more or less. SUBJECT TO:All existing rights of way and easements of record or implied appearing on the above- described parcel of land. L 936 # OF do*` I o 50 106 200 Sccate: I"=i 00' "5 N4�9"36'#9"E 0 � 127.73' La R�24 PARCEL Cr 0.6549 0ZD AC+ x r ? wa 589�'36'48''4r N-4'2+'t?3"E 135.3B' 15:�47' 5E9'36'4VW 262.63' 0 r 66 AL OP%u H Page 13 Page1025