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2022-04-19 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 19, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilwoman Jessica Perreault ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the April 5, 2022 City Council Work Session 2. Approve Minutes of the April 5, 2022 City Council Regular Meeting 3. LDIR 2021-0001 Water Main Easement 4. Final Order for Skybreak No. 1 (FP-2021-0058) by DevCo, LLC, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. 5. Findings of Fact, Conclusions of Law for Denial of Jamestown Ranch Subdivision (H-2021-0074) by Walsh Group, LLC, Located Near the Southeast Corner of the N. Black Cat and W. McMillan Rd. Intersection at 4023 W. McMillan Rd. and parcels S0434223150, S0434212970, S0434212965, and S0434212920. 6. Findings of Fact, Conclusions of Law for Aviation Subdivision (H-2021-0096) by Jadon Schneider of Bronze Bow Land, Located at Parcel #S1210325951, Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd., North of Compass Charter School 7. Findings of Fact, Conclusions of Law for Friendship Subdivision (H-2021-0083) by Mike Homan, Located Near the Southeast Corner of N. Meridian Rd. and E. Chinden Blvd. 8. Development Agreement (ACHD Maintenance Facility H-2021-0029) Between the City of Meridian and Ada County Highway District for Property Located at 3764 W. Ustick Rd., Approximately 1/2 Mile West of Ten Mile Rd. on the North Side of Ustick Rd. 9. Lease Agreement Between City of Meridian and Daisy’s Italian Ice & Gelati, LLC for Concessions Operations at Discovery Park for the Sum of 20% of Gross Sales 10. Lease Agreement Between City of Meridian and Daisy’s Italian Ice & Gelati, LLC for Concessions Operations at Meridian Settler’s Park for the Sum of 20% of Gross Sales 11. Resolution No. 22-2321: A Resolution Approving a Lease Agreement Between the City of Meridian and Daisy’s Italian Ice & Gelati LLC for Lease of City’s Concession Building at Discovery Park, Located at 2121 E. Lake Hazel Road, in Meridian; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date 12. Resolution No. 22-2322: A Resolution Approving a Lease Agreement Between the City of Meridian and Daisy’s Italian Ice & Gelati LLC for Lease of City’s Concession Building at Meridian Settlers Park, Located at 3245 N. Meridian Road, in Meridian; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 13. Ada County Sheriff's Office: Updates from Sheriff Matt Clifford 14. Ada County Impact Fee Discussion 15. Community Development: Attainable Housing Discussion ADJOURNMENT 5:41 pm Item#1. Meridian City Council Work Session April 19, 2022. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, April 19, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Jessica Perreault. Also present: Chris Johnson, Bill Nary, Caleb Hood, Bruce Freckleton, Mark Ford, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is April 19th, 2022, at 4:31 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Bernt: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 5, 2022 City Council Work Session 2. Approve Minutes of the April 5, 2022 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. April 19,2022 Page 2 of 23 3. LDIR 2021-0001 Water Main Easement 4. Final Order for Skybreak No. 1 (FP-2021-0058) by DevCo, LLC, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. 5. Findings of Fact, Conclusions of Law for Denial of Jamestown Ranch Subdivision (H-2021-0074) by Walsh Group, LLC, Located Near the Southeast Corner of the N. Black Cat and W. McMillan Rd. Intersection at 4023 W. McMillan Rd. and parcels S0434223150, S0434212970, S0434212965, and S0434212920. 6. Findings of Fact, Conclusions of Law for Aviation Subdivision (H- 2021-0096) by Jadon Schneider of Bronze Bow Land, Located at Parcel #S1210325951, Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd., North of Compass Charter School 7. Findings of Fact, Conclusions of Law for Friendship Subdivision (H- 2021-0083) by Mike Homan, Located Near the Southeast Corner of N. Meridian Rd. and E. Chinden Blvd. 8. Development Agreement (ACHD Maintenance Facility H-2021-0029) Between the City of Meridian and Ada County Highway District for Property Located at 3764 W. Ustick Rd., Approximately 1/2 Mile West of Ten Mile Rd. on the North Side of Ustick Rd. 9. Lease Agreement Between City of Meridian and Daisy's Italian Ice & Gelati, LLC for Concessions Operations at Discovery Park for the Sum of 20% of Gross Sales 10. Lease Agreement Between City of Meridian and Daisy's Italian Ice & Gelati, LLC for Concessions Operations at Meridian Settler's Park for the Sum of 20% of Gross Sales 11. Resolution No. 22-2321: A Resolution Approving a Lease Agreement Between the City of Meridian and Daisy's Italian Ice & Gelati LLC for Lease of City's Concession Building at Discovery Park, Located at 2121 E. Lake Hazel Road, in Meridian; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date 12. Resolution No. 22-2322: A Resolution Approving a Lease Agreement Between the City of Meridian and Daisy's Italian Ice & Gelati LLC for Lease of City's Concession Building at Meridian Settlers Park, Located at 3245 N. Meridian Road, in Meridian; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date Page 5 Meridian City Council Work Session Item#1. April 19,2022 Page 3- — Simison: Next item is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Bernt: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 13. Ada County Sheriff's Office: Updates from Sheriff Matt Clifford Simison: So, we will go on to our Department/Commission Reports. So, the first item is Item 13, which is the Ada County Sheriff's Office and update from Sheriff Matt Clifford. If you would like to join us at the podium. Welcome. Clifford: Thank you, Mayor, Council. Ada County Sheriff Matt Clifford. I just kind of wanted to meet with you today--the more I go around the county the more I get questions about what does the sheriff actually do, aside from seeing deputies out in patrol cars, there are so many things that we do that I just wanted to make it accessible to your citizens how the sheriff's office affects them, even though they don't live in unincorporated Ada county. So, we will start off with just a couple little facts here. We are the largest law enforcement agency in Idaho. We patrol about 1 ,060 square miles of land and about 3,030 miles of roadway. We patrol in unincorporated Ada county and we contract with the cities of Star, Eagle and Kuna. So, when you see city of Eagle police department that is their own police department that the sheriff's office provides to them. The chief of police is appointed by me and the Mayor in those cities and they work closely with the Mayor to provide services that are tailored to those communities and as long as the -- and with a goal of staying true to the Ada County Sheriff's mission, vision and values. So, in our bureau we have over -- we have 800 employees that work across -- across five different bureaus. Of those employees, about 246 of them live here in the City of Meridian. Because we are broke -- we are broke up into five different bureaus, because we do such a diverse amount of things for the community. So, we have our police bureau, our jail Page 6 Meridian City Council Work Session Item#1. April 19,2022 Page 4- — services, court services, administrative services and communications and I will go through those really briefly. Police Services Bureau are all of those things that you see in front of you every day. Those patrol cars, people on the side of the road taking crashes, pulling people over, investigating crimes, responding to 911 calls. We also have one of the largest canine units in Idaho and we operate our own crime lab, so we do our own drug testing, we don't send it out to the state. We also have school resource officers and all kinds of the accoutrement that goes along with being patrol officers. Now, we also team up with the City of Meridian police for -- with our Ada Metro SWAT team. We work with Meridian Police Department very closely. You know, I think sometimes -- I have run into other Mayor's that don't realize how often our agencies overlap and work together and I explain all the time everywhere I go that the safety of your community, whether you are in a municipal police department or inside municipality or unincorporated or one of our contract cities, our resources overlap a lot. You find that especially at nighttime when there are limited resources, the City of Meridian helps the city of Eagle, helps unincorporated Ada county and even the city of Kuna, city of Boise. We stay in contact constantly and to help just build a really good safe community in Ada --Ada county. So, jail services -- here is some of those places you don't see, some of the behind the scenes -- well, I hope you don't see. Some of the behind the scenes things that the sheriff is in charge of. By statute the sheriff's in Idaho are in charge of the jails and must maintain the jails. We operate the largest jail in the state of Idaho. Currently we have about a thousand inmates housed in that jail. This number here says 1 ,116 that we can house that much in our operational capacity. We are rated to house over 1 ,200, but that -- we probably would never be able to get to that number, because that means we are stacking them in there like cordwood and you are looking at inmate safety issues and officer safety issues. So, operational capacity means, yeah, you better not go over this number. So, a thousand is not that far off from that number. So, that is one of the -- the challenges we have here at Ada county is the growth. Now, why we still are a safe community with a relatively low crime rate and our crime rate does not seem to be increasing very much, the amount of people that move here that create that crime rate, that number has grown. Not by percentage, but just by the amount of people. So, the percentage stays the same, but the number is bigger. Well, that's an issue for the jail. We have a lot of programs that keep -- that identify people that can be monitored outside our jail and identify people that should not leave our jail. Well, the number of people that should not leave our jail is growing, not because of the crime rate, but just that percentage is growing. So, I always use kind of the slang term that our jail population is much hardened than it used to be. Now, that's a challenge, because there is finite space and it's all what we would call hard space. So, you don't just go out and build a structure on -- and put people in. It's very specialized, you know, brick buildings and concrete and places meant to keep people in. So, that's something we are going to have to really look at in the future is how do we expand upon that. Do we run for a bond? Do we find some other way to pay for it, because it will be in the -- probably upwards of 60 million dollars to get the adequate add on. A thousand inmates means 3,000 meals a day have to be cooked in that jail. It's just like a little city. It's bigger than the town I came from, actually. So, you have warehouse, you have laundry, you have medical. We have to provide medical to a lot of people that, quite frankly, either didn't seek medical and needed it when they are outside our walls or didn't know how to get it when they were outside our walls and, then, they land in our laps Page 7 Meridian City Council Work Session Item#1. April 19,2022 Page 5 of— and we have to provide it for them. So, we operate a sizable medical unit, about 33 nurses. I wish I could say we had 33 nurses, but I can't pay them 110 dollars an hour, so -- so we do have kind of a nurse shortage, but we are working through that. It also means that you have all kinds of other people to help -- have -- have to run that facility, like security control specialists that open and close doors, specialized deputies that have to classify inmates to say these inmates can be together, these inmates cannot and those types of things. We also have educational opportunities for them inside the jail, so that we can help reduce recidivism. That has worked against us just a little bit, because those programs are really quite good, so a lot of judges will sentence you to Ada County Jail until you can complete our programs and, then, they will let you out. So, it's a great thing, but, you know, we have done such a great job that now inmates are sentenced to our programs, instead of just the transient population coming in and out attending them. So, our Court Services Bureau is quite unique. We provide all the --all of the security services for the Ada County Courthouse. So, anytime there is an emergency at the courthouse, the sheriff's office is responsible. We have a whole team of deputies and other personnel that are, quote, unquote, housed down there to deal with any situation that comes up and also in that Court Services Bureau is a transport team. It's about 28 deputies that do nothing but transport inmates all over southern Idaho, mostly Ada county, but I used to -- I like to say at any given time about -- between 8:00 and 5:00, Monday through Friday, there is probably a deputy out in the community somewhere, maybe Meridian, maybe Boise, with -- with a detention officer attached to them. Did I say deputy? There is an inmate somewhere with a deputy attached to them, so that they can attend specialized appointments and go to specialized meetings, because though we have a good -- a good medical system in the jail, we -- we don't do surgeries, we don't deliver babies and all those things you don't really think of when you think of people that are sitting in jail awaiting a court date. So, we actually have deputies that -- depending on the level of the inmate have to go in and go into surgeries with certain inmates -- not all of them, but sometimes they have to go in when inmates are having babies. So, it's kind of an interesting assignment. They also fly all over the United States to pick up -- pick up inmates from other counties, anywhere from Florida to New York to Hawaii, but people that need to stand -- stand trial here in Ada county, they will go out and pick them up. We also have misdemeanor probation and -- and our pretrial release program. So, basically, the pretrial is how you identify those inmates that are eligible to be supervised outside the jail and, then, misdemeanor is, obviously, supervising them once they have been sentenced. So, if you look at all the services we provide that monitor people outside the jail, it's about 2,500 people. So, that's 2,500 people that are not in our jail and about a thousand that are. We also by statute are -- are required to provide all civil services for the counties, so garnishments, evictions, serving writs, all those types of things. So, municipalities don't do that, only the sheriff's in Idaho do that. So, our administrative services, this -- you know, this is kind of all the brains of the operation that keeps everything running. Our records department, which, you know, processes no contact orders, protection orders, all kinds of different court paperwork, kind of the beehive of the agency where all information comes in and they have got to figure out where it goes. We have a data analytics team. Fleet services. We operate a lot of vehicles to do all that transports and patrol. Human resources and, then, finance. I bring up finance, because a lot of people don't know that in the state of Idaho sheriff is personally liable for budget Page 8 Meridian City Council Work Session Item#1. April 19,2022 Page 6- — shortfalls. So, if I -- the commissioners come to me and say, Sheriff Clifford, you have overspent your budget by 100,000 dollars at the end of the fiscal year, then, Matt Clifford owes the county of Ada 100,000 dollars. So, love my finance team. They are really great. And they are very excited, because we are in budget time and I'm really glad that they are excited about that, because I am not, so -- Emergency Communications Bureau. We operate the largest 911 dispatch center in the state of Idaho. They took almost 400,000 calls for service last year and this is kind of -- they operate -- they operate with Meridian city, Boise city, Garden city, all of our contract cities, fire and EMS. So, when you call 911 anywhere in Ada county you talk to an Ada County Sheriff employee and, then, they-- the computer tells them who they will dispatch the call to and, then, an Ada County Sheriff dispatcher will dispatch your municipality. We had some big wins with -- with dispatch this year where we brought them into what we call Rule of 80. 1 mean you are all aware of PERCI and the Rule of 90 and emergency services are Rule of 80. Idaho statute defines them as first responders and so we went in front of the legislature and asked them to include them in the Rule of 80, so that they could live a quality of life after retirement. They deal with a lot of strange things over the phone and they deal with them rapidly, so they may be delivering a baby on one call, dealing with a neighbor problem on one call, they -- they deal with kind of death and destruction over the phone and the call ends and they go right on to the next one. I went to dispatch last week and we have this puppy there that's being taken care of by -- that -- that's on loan from the Humane Society through the foster program and I showed up and the dispatcher was out front with the dog, just letting the dog use the bathroom and she said my first call -- first call of the day she ran out of the dispatch center crying and she's been a dispatcher for a lot of years. It's hard on them and some of the mental anguish they go through causes them some physical issues as well. So, we were happy to at least get them into Rule of 80 so they could help -- help finish out their careers. So, the last thing I want to talk about is our mission statement. The Ada County Sheriff's Office Mission Statement is we make safer places for you to live, work and play and when we -- I shouldn't say we. A few sheriffs ago this mission statement was developed and I really loved it, because, A, I could memorize it really easily; right? But I went to a -- an advanced field training officer course when I was a deputy and there were all kinds of -- there were all different agencies there from across the valley and if you know anything about -- especially yester-year's mission statements, they were multiple sentences long, they are filled with all kinds of fun buzzwords, and they lose their meaning when you ask your employees to memorize them and the instructor at that class said who here can say your mission statement right now and I was the only person that raised my hand and he said, okay, what is it and I said we make safer places for you to live, work and play and everybody looked at me and said that's not your mission statement, that can't be your mission statement. I said, yeah, it is and the instructor was ecstatic and he said it's short, it's to the point, it tells the public exactly what you want to do. It tells your employees exactly what you want them to do. They will remember it and won't lose the meaning and the memorization part that you make them do. Plus if it's on a postcard and just about anywhere you want to put it. One of the other things -- another thing I will end with is our vision statement. We strive to be the agency of choice for criminal justice. Now, when that came out when I was a young deputy I laughed and said, yeah, that -- that's ridiculous. You don't get a choice. You call 911, it goes to the Sheriff's Office. If it's a call in Meridian, they get Meridian. If you have Page 9 Meridian City Council Work Session Item#1. April 19,2022 Page , - — to go to the jail, you go to the Ada County Jail, you don't get a choice. As I matured, realized that that statement wasn't necessarily true. While all of those statements I just made were true, the sheriff's office, being one of the largest law enforcement agencies and some -- all the diverse types of things we do, we are the agency of choice all over the state of Idaho. I'm part of the Idaho Sheriff's Association and I have never gone to an Idaho Sheriff's Association meeting and not had another sheriff come to me and say, hey, I need your help. Hey, I have a question for you and they seek out the Ada County Sheriff, because we have a lot more resources and, quite frankly, we do things and have experienced things that a lot of these smaller agencies do not and have not experienced. So, we do pride ourselves with that. It sounds a little bit, you know -- maybe a little bit pat on the back, but that's kind of what we strive for is, you know, if -- if we are going to team up with somebody, we want Meridian Police Department to say, well, we are going to team up -- team up with Ada county. That -- that's a better way to put it. We want to work with your agencies, they want to work with us, and we want to keep it that way. So, with that I would stand for any questions if you have them. Simison: Thank you, Sheriff Clifford. Council, any questions? Borton: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks for being here, Sheriff Clifford. That was very informative and it's appreciated. One thing that struck me when I joined City Council was if you look at a map of Meridian there is kind of like a Swiss cheese effect. Clifford: Yeah. Strader: Yeah. We won't force annex people into our city, so we have these little like kind of county enclaves and I'm just wondering about, you know, kind of how do you coordinate with the Meridian Police Department and try to make sure that service is delivered as efficiently as possible. If you get a call regarding a county property, is there a way we have agreed on that we handle that and -- and just curious if you could tell me more about how you are approaching that. Clifford: Sure. It's -- it's not an MOU, it's more of a gentlemen's agreement and we have done it for years and years and years. It's always looked that way. It's always been described that way. It's as simple as Meridian and the Sheriff's Office working so closely together -- and Meridian knows their territory and the deputies will generally know that those little parts of Swiss cheese are in there and Meridian pays attention to what we are doing and we pay attention to what they are doing and it -- 99 percent of the time a Meridian officer will just simply respond there until a deputy can respond and vice-versa, because sometimes we are very far out from things that are on the fringe of the county, up next to the city limits, so it's really -- it's simpler than you think just to -- it's easy to say, hey, a Meridian officer is on their way and we will be there as soon as we can to take the report, but I have said for years people don't care what color your shirt is or what shape Page 10 Meridian City Council Work Session Item#1. April 19,2022 Page 8- — your badge is, they just don't. They want service and Meridian police understand that as well. They know that when there is an emergency now, -- if your mailbox got hit last night Meridian doesn't need to respond; right? We will -- we will -- we will come get -- take that, but they know if there is a threat of violence or something that's happening right now, they know those people need service and Meridian police will show up and take care of business and when we show up we will work it together and we will take a report and make sure that we can get them back to the city as soon as possible. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I -- I appreciate that coordination. I think it makes a lot of sense. One thing I'm curious about -- and maybe just like a follow-up thing. I guess I'm -- I'm curious about the number of calls that sort of fit into that category and if that agreement should be formalized more in a way or if we feel like it's actually a small number of calls and relatively speaking and it all just kind of works out. I'm looking at it more from a resourcing perspective. It -- it seems to me like, you know, the Meridian Police Department has a really good grip on things happening, to your point, within the core of the city. To your point things on the outside, like maybe in our area of impact, maybe that makes more sense for you. I guess it's just something that really struck me. Originally it was like, well, how do we handle it when there is this like a tiny little pocket in the middle that calls? So, it's just -- it's an area that I'm just interested to look at a little bit more. Clifford: Sure. You know, I wouldn't -- I have no idea what those numbers are right now, but I have worked for the sheriff's office for 22 years and there are gentlemen sitting back by -- behind me that we have worked together over those years and it's -- it's probably every day, you know, working both ways. We have had plenty of times where Meridian has been busy and your citizens need service and we just help out when we can. It really works both ways. So, I would be interested to see what that number is, too. But you kind of get to be one big team and it's very helpful for -- for unincorporated and your citizens. Strader: Thanks. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Sheriff, really appreciate you being here. I think in the eight years I have been on Council we have never had a sheriff come speak to us and give us an update. So, appreciate the time. I know your time is valuable and I appreciate your presentation. Kind of dovetailing -- dovetailing a little bit off of Council Member Strader's question, is really about staffing and, obviously, the Meridian Police Department has grown leaps and bounds as our city has grown. I'm curious as cities like ours grow does that also require your department to grow in additional staff? Is it more in the sworn side or is it more in the support side? How does our growth impact your growth and I guess maybe following Page 11 Meridian City Council Work Session Item#1. April 19,2022 Page 9 of— up on that what your staffing model is and how you make the determinations about where to grow your staff and for what reasons. Clifford: The biggest impacts that city growth has on us are going to be in our jail and civil service -- actually, it's -- it's not in our patrol services. I will say that. It's going to be in all of our other bureaus. While our Patrol Services Bureau has grown over the years, because people still move out into the county, even as cities annex we still have growth in the county, so we have continued to grow our patrol services, but when you increase population in the city -- because I mean you are annexing places that are growing out, you are annexing farmland; right? That means more people are moving here, which means I need more jail staff. I need more court security, because more people are going to court. I need more misdemeanor probation officers, because there are more people on probation, so it's the -- it's -- it's -- it's all of the bureaus really, but not -- not as much the patrol services, if that makes sense. But it's all equal. As the commission grows, our support staff grows as well, because you can't have, you know, commissioned deputies that are filing their reports all night, like records should do, so -- now I'm growing my patrol staff means more reports, means I need more support staff. So, it all kind of grows together organically. Simison: Council, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No other questions. I was talking to our chief today and he said to give you a hard time. Clifford: Yeah. I bet he did. Cavener: So, I can't -- I can't get off -- so I was thinking what would be a hard question for the sheriff to answer and I got one. What's your favorite high school in the county? Clifford: Favorite high school in the county? Just so you know, I didn't go to high school in this county. Cavener: I just -- I figure that's the hardest question I could ask the sheriff to -- to put you on -- on -- on the hot seat. Clifford: I would probably say that -- my daughter attended Borah High School, so I have to go with Borah. That probably makes a lot of people cringe, even in -- in Boise, but my daughter went all through high school to Borah High, so I have to pick that one. Cavener: Appreciate you being here, sheriff. Clifford: Yeah. Thank you. Page 12 Meridian City Council Work Session Item#1. April 19,2022 Page 10—— Simison: Thank you, Sheriff Clifford. Clifford: Mayor and Council, thank you very much for having me. You have a good night. 14. Ada County Impact Fee Discussion Simison: Thank you. So, continuing that question on growth and services for the sheriff, I would like to move on Item 14, which is the Ada county impact fee discussion. I don't know if -- Steve, are you going to be presenting this one? Rutherford: Steve Rutherford from the commissioner's office. Thank you very much for having us. I have got two very qualified people and the sheriff, who we are stumping for, is -- is leaving. But Leon Letson is here and, then, we have got Richard Beck from Development Services to answer any questions you have. So, thank you. Simison: Thank you. Letson: All right. Good afternoon, Mayor, Council Members. Thanks for having me. Leon Letson, planning manager with Ada county. Yeah, you know, the sheriff left probably too early, probably would have liked to have him hang out and advocate for why we are trying to collect impact fees, but just give you a brief overview of what we are trying to do here, what we have been engaged in well before my time with the county, but -- yeah. So, an overview. In 2019 we began exploring our ability to collect development impact fees. The county has yet to do that in its history. In 2020 we hired Galena Consulting, who I don't know if she has worked with Meridian in the past, but Anne Wescott, she's kind of a well known name around the valley, has worked with many of the jurisdictions, worked with us to develop our capital improvement plans for Ada County Sheriff, jail, coroner and paramedics, as well as the associated impact fees. In the spring of 2021, those CIPs and the fee structure was completed and recommended for approval by our impact fee advisory committee. In the summer of 2021 we contacted our city partners to review those CIPs and the impact fees as well and talk about those next steps that we would need to take in order to partner with you to collect those fees. Fall of this year to the present we, again, were kind of engaged in this conversation about are you okay with us approaching you with an ordinance that would allow you to collect those fees on our behalf and -- and -- and that sort of thing and so that's kind of where we are at. Here is the list of the impact fees and we -- I will show you a website link at the end that, you know, details these a bit more and also has links to the different capital improvement plans that -- that we have had drafted. But in a nutshell the new impact fees within city limits, which wouldn't include our sheriff, but they would include the jail, paramedics, and coroner, would total approximately -- for a new single family home, which is kind of one of the better metrics for figuring out what a builder is going to pay, right about a thousand dollars per unit. Commercial is, obviously, on a cost per square foot basis, which is always -- also included in those impact fee plans and -- and the proposed structure that we have. So, our next steps, again, we are in front of our city partners. You know, it's an interesting thing as election cycles change we -- we -- we want to hurry up and get a project done, because, obviously, there is new perspectives that come to the table that, you know, Page 13 Meridian City Council Work Session Item#1. April 19,2022 Page 11 —— maybe they didn't have a chance to review these the first time, so I think a lot of this leadership is familiar with -- with impact fees. I know Meridian also collects them. You know, we are attempting to do the same thing again for those essential services that -- that we offer, so we would be asking you to adopt into your Comprehensive Plan those CIPs, as well as establish an ordinance to collect those and, then, we would formalize interlocal agreements for how the -- the collection of those fees would occur and that's the more detailed nuts and bolts of who is collecting the fee, are you requesting any exemptions, different things like that. So, that's basically it. I would be happy to answer any questions. Happy to provide you any additional information that I can. If it's specific services and levels we will probably have to do a follow up with some of our providers to give you those details, but -- yeah. In the end we can also look at those CIPs and -- and the fees themselves. So, with that I will stand for any questions and thank you for having me. Simison: Thank you. Leon, could you just touch on a few of the projects that would be -- that the county is looking to fund with these impact fees. Letson: Yes, Mayor. Of course. Let me go to our website real quick. We can open one of the CIPs. You know, some of the major ones -- the jail expansion or jail -- whatever we are doing next. Obviously, that's something that the Board of County Commissioners is kind of behind and -- and the sheriff as well and it looks like we are -- this is frozen. I'm not sure. That is a major one. We also have some --you know, impact fees are, obviously -- sorry. Johnson: I will grab it up for you over here. Letson: All right. Thanks. You know, it's -- it's for facilities and equipment that these impact fees can be used for. So, a lot of what you just heard from our sheriff is more about his staff and, unfortunately, impact fees can't be used towards staffing, but they can be used for, again, the facilities and the -- and the equipment necessary, such as, you know, ambulances, vehicles, different things like that. They also have to be attached to the new growth, so you can't, unfortunately, use impact fees to pay for a building you wanted to build 20 years ago and you just never had the money to do. Unfortunately, once the impact fees are established it has to be new growth and a proportionate share of that directed to any new facilities or if it can be argued that that previous facility also supports the new growth and a proportion amount of that can -- can provide it. So, I will open the sheriff and jail first, since we are on the -- we have kind of been running with that theme during your work session here, sheriff-related stuff, and let me find the actual project list here for you. All right. So, here is an example of the jail. The impact fees specific to the jail and so what you can see there is some additional pods for the jail. Vehicle maintenance facility. We also have down below under additional vehicles and equipment -- just additional vehicles related to servicing that growth. Replacing any of those -- those vehicles, so that's -- that's really what we are able to capture with the jail fee specifically and, then, I don't want to show you any sheriff ones, because, obviously, we are not asking you to collect those for us. Happy to walk you through maybe the paramedic here. All right. So, it should be noted also that, you know, there is additional Page 14 Meridian City Council Work Session Item#1. April 19,2022 Page 12—— facility planning that needs to occur for--for perhaps the paramedics. You know, we have talked about co-locating with different fire stations, different things like that, to create efficiencies or economies of scale, but there have been some additional stations identified as needed for the -- the paramedics. Again, additional ambulances are -- are something we are going to need as -- as we continue to grow, but I don't know if that's more -- as specific as you need or if you would like more detail than that. Simison: I think just so we get a sense, at least in this conversation, that way they know if they need more information brought back to them about what is being proposed. You know, you got a coroner building that's already under development. Are you using the impact fees to help fund that or you got additional projects that -- Letson: Yeah. No. Great question. That has been an interesting one, because that kind of came online right as we were embarking on this process and so let me show you the CIP associated with the coroner. Unfortunately, I think only a limited amount of the impact fee is available for that facility. Sorry. Simison: Council, while they are doing that, if you have any questions -- Council Woman Strader? Strader: Sure, Mr. Mayor. And I don't know if it's a great time to delve into the -- into the paramedics specifically. You know, that's an area where our services, unfortunately, have had to overlap with your services, so our fire department, you know, provides paramedic and EMS services and, you know, I have heard about some response times that I have concerns about from the county's perspective and so I guess a question I have is, you know, a little more detail on your expansion plans and is that an area where -- you know, I talked about the Swiss cheese concern with the sheriff. I probably have even more of a concern about overlapping services on that front. So, you know, that's something I want to understand if we need an exemption for Meridian for that, because we are already providing that service and we need to enhance our level of service or if you are at the county planning to really enhance your level of service, I think I would -- I would personally as a Council Member want a lot of detail behind those plans. So, I didn't want to start -- open a can of worms, but I just wanted to be open, like that is a concern that I have on that one. Letson: Yeah. No. Thank you. And I think I probably would defer to Steve here to maybe answer what we are doing on that front and maybe figure out what a follow-up conversation looks like. I'm certainly not a paramedic. I'm a planner. But -- yeah. Rutherford: Mr. Mayor, Councilman -- Council Woman Strader, great question. We -- quite frankly, it's a -- it's a little bit of a pickle with the -- the paramedics, because of the way the -- the levy was set in 1997, about the time the three percent came in, and the the board at that time set the levy for -- for what their need was then and so it's been -- it's been a chore and so, you know, having the ability to -- to partner and co-locate, those sorts of things will help us get there. There was some legislation this year, which will generate additional revenue, allow us to collect some more from Medicaid that -- that -- Page 15 Meridian City Council Work Session Item#1. April 19,2022 Page ——— that we haven't been able to collect. That will take some time to get in place. But our -- our goal, really, is to -- to address the -- the response times. Trying to do that in cooperation through that, you know,joint powers entity that we have to try to work together to -- to -- to use the resources we have got. But your -- your point is very well taken. We can get Shawn Rayne, who is our director over here, to answer questions and kind of how -- how it would work going forward, but co-location is -- is -- will allow us to save some -- some capital expense from building a whole station by ourselves. That -- that should change the game a little bit, but I know those -- those discussions are just starting to happen. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Just a follow-up comment and thank you for that response. Yeah. I think -- you know, my -- my concern always in any situation where we have overlapping services is efficiency operationally and efficiency for the taxpayer. So, I start to get really worried where Meridian taxpayers, through our Fire Department-- like the City of Meridian feels a need to provide an enhanced level of service and paramedic service to deliver what we feel like is a fair standard for the people living here and, then, at the same time you will be charging an additional impact fee that will also enhance those services and so for me I just want to make sure from a City of Meridian taxpayer standpoint that they are paying for something once and they are not paying for it twice. It is tough. That's a tough -- a different conversation probably, but I don't know, that's -- that's just sort of the -- the worry -- I guess a worry that I have. Similarly I just want to double check with -- for example, like the jail, that makes tons of sense to me. You are the only provider of the jail. We need jails. I get that one. That one's easy. Similarly with -- with the sheriff's department, right, and all about spirit of cooperation, but want to make sure we are doing things in the most efficient way possible. So, if there are parts of Meridian that the Meridian Police Department should just cover and those taxpayers that live in Meridian should be exempted from paying that twice. Just want to make sure we are not providing duplicative services. It's hard to get to the right answer, but it's just a concern that I have. Thanks. Letson: Mayor, Council Woman, just maybe one response to that, you know, impact fees are associated with new growth. So, existing taxpayers, you know, technically aren't being -- we are not double dipping there. It's for new people coming to the area. It's -- it's growth related. It is the alternative to paying taxes as a revenue source for public entities. So, you know, from that perspective it does kind of keep those two things separate. But I think there is the bigger comment of figuring out the joint powers thing and how those services are better provided to the existing community and the -- and the new members of the community. Strader: Mr. Mayor? Simison: Council Woman Strader. Page 16 Meridian City Council Work Session Item#1. April 19,2022 Page ——— Strader: Yeah. I totally get that and it's a great point operationally and from a staffing perspective, but it applies for capital expenses as well. So, like the -- the cost of a home will go up if you have to pay for impact fees; right? That makes something in an affordable housing market even more out of reach for people and if you need to locate a paramedic station in the middle of Meridian, but, you know, we feel like we are already having to provide that service because we think there are some standards that need to be met, like that gives me a concern. I know we have offered in the past to co-locate and I thought that made a lot of sense at the time. I just feel like any kind of capital expense like that -- I mean it applies to anything. It applies to ambulances. It applies to any capital expense that's eligible for impact fee reimbursement. So, I get what you are saying, but I don't -- unfortunately, I don't think it's that simple, but thank you. Letson: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Appreciate you bringing this update to us. For the record I share a lot of the same concerns as Council Member Strader. I appreciate -- I didn't -- wasn't aware of -- of your website that kind of walked through some of the methodology. So, I have got some homework ahead of me to kind of explore some of that. You know, when -- when the City of Meridian -- we do impact fees, we have got a committee, which sounds like that you guys have as well, which is fantastic. Once that's done I think our staff kind of go on a little bit of a road show and try and engage stakeholders to get their feedback and their understanding. Is the county doing something like that similar and maybe walk us through kind of how you have engaged, you know, partners and stakeholders in the county around this proposal? Letson: Mayor, Council Member, yes, that has kind of been part of our process as well. This is part of that process, talking to our city partners on the collection of these fees. We have talked to the -- the contractors board that -- you know, we see them as a major partner, because they are largely, you know, either paying those fees or working for somebody who is going to pay that fee to build the new housing or new business in our community. So, we have had a lot of conversations with them. We actually have some of the members from the BCA on our impact fee advisory committee, because we highly value their, you know, perspective on things. We are also going to be engaged in the public, just -- we have had general outreach, but there will be kind of an additional open house that will go along with the comp plan amendment and ordinance that we seek to establish and, then, yeah, you know, not to punt to your planning team, but each city will, then, have to also adopt that comp plan and establish that ordinance. So, there is the public hearing process associated with that that would give people the opportunity to weigh in as well and Ada county would make itself, obviously, available to help your staff answer any of those questions about the impact fees we want to collect. But that's what we are looking at. Page 17 Meridian City Council Work Session Item#1. April 19,2022 Page —of 23 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And into to that, what -- what does that time frame look like in -- in your perfect world, because you herding cats -- a lot of cats here, but what --what would that look like if you could control it? Letson: Oh, yeah. Sorry. I think we have the document open finally. All right. So -- all right. So, as you can see the new coroner's office, which you brought up, Mayor, only a small percentage of that can be -- is impact fee eligible based on kind of the planning associated with that facility and when this is coming online. But beyond that it's largely vehicles and equipment that we would be looking to use those impact fees towards if they were established. Simison: Thank you. Council, any additional questions? Okay. Well, yeah, I -- I think that, you know, for Council and myself the conversation will be -- you know, we -- are -- are we questioning the use of impact fees for these purposes that we would want to do it or the -- the -- what you are asking for, are we supportive of those elements in order to move those forward and it sounds like that's where the conversation will -- will need to go and maybe more the subject matter experts, even about the service delivery models, for some of these related to the county. So, we will follow up and be in touch if there is additional feedback or dialogue or discussion related to these items and so I will take that as the ball is in our court for right now and you guys can move, you know, as you move forward on your side, you know, and get to the point in time where it is our turn, so we will know. Letson: Yeah. I appreciate that and I think those are great conversations to have, so I will look to Steve and -- and some of our other service providers to engage in those with you. Rutherford: Mr. Mayor, if I get Shawn Rayne in -- in front of you in this sort of venue, I'm happy to bring him in and have you guys pepper him with questions. Simison: We will be in touch on the appropriate way to have the conversation and what it needs to look like and -- Rutherford: Okay. Simison: -- and go from there. I mean there is Station 7 that's listed in there, but we are already building Station 7, so I don't know what that even means from your impact fees -- from your impact fee element, does that mean that you are providing that -- that portion to the build? I know that was a conversation once before, but I had heard that that had gone away. So, there are some definite conversations that need to occur about even the proposed items that are in the CFP, so we have an understanding on our end from that, so -- 18 Meridian City Council Work Session Item#1. April 19,2022 Page 16 of— Rutherford: Sounds good. 15. Community Development: Attainable Housing Discussion Simison: Okay. Thank you. With that we will move on to Item 15 Community Development attainable housing discussion. Turn this over to Mr. Hood. Hood: Thank you, Mayor, Members of the Council. So, this topic before you -- I'm largely going to rely on the staff memo that was provided in your packet. I'm going to highlight some things. I'm not going to read it to you, but I am going to read some portions of it to you. I plan on -- on going through at the end of my brief presentation kind of the -- the -- the punch line or the real topic of discussion is the list of tools that we have provided for you. It's not an exhaustive list of all things that we could do or that all communities do to address affordable housing or titling it attainable housing, but we have put together a list of what we believe to be somewhat feasible for Meridian to -- to look at going forward. So, again, like I just mentioned, using the term attainable, so it's not confused with affordable, because that does tend to have a true definition, especially when you look at funding some of these projects. There is tax increment financing and -- and some other tax implications and grants that can go for affordable housing projects. Really when I say attainable housing, I hope we are on the same page with the implied goal that housing is to be available to meet the needs of the community and what I really mean by that is that we don't want anyone to be homeless, So, affordability is relative -- can be relative to each family and individual, but the attainability and someone being able to live somewhere I think is the common shared goal, at least I hope we are all on that same page, but -- so, that's really what I'm focusing on here. It's not an income range, it is that we are providing some housing choice for everyone in our community and the -- and the city does play a role in that, but this problem certainly is bigger than the city, the region, or the state. So, anything we do to positively impact this issue must include partnerships and collaboration, so you will kind of see that as a theme throughout, even in the table, we have to have partners in a lot of these things and there are many variables that tend to drive the prices higher; right? So, supply and demand are kind of the economics 101. Cost of land. Availability. Cost of building materials and labor to build, which the city has little to no influence over most of those things. I'm a little bit proud of this. I don't want to say it that way, but I have kind of labeled it this way really -- it's -- it's land, labor, lumber, and laws. So, lumber isn't just lumber; right? It's everything to build your materials and, then, the -- the piece of that we really do have the biggest role in is the laws portion. The ordinances, permits, and those processes, because time is money. So, that is really where we can sort of impact that supply chain. But, again, we don't affect the cost of land. We don't affect the cost of labor or the lumber. So, really, tweaks are going to be on the policy level and things we can do to maybe partner with developers. So, that -- and that's just the market on the supply side; right? So, I don't want the -- the -- and the -- the table doesn't dwell on -- or-- or doesn't rely on changes to state code, but, instead, again, puts forth some viable options that staff agrees with. I think what we are looking for at the end of the day is some direction from you. We can't do all of those things either; right? So, kind of maybe if you can help pair that down to things you would like staff to pursue further that is really the request. So, the table does have some tools that we are Page 19 Meridian City Council Work Session Item#1. April 19,2022 Page 17—— currently using. Some tools we are not using, but could potentially use. So, that's really kind of staff's recommendation in that second tier of projects would be, hey, there seems to be some real potential here. Do any of those look interesting to you? And, then, the third column is really kind of longer term or pending things that maybe in the future the city should explore further. I want to -- just a little bit more background before we jump into the table if you don't mind. So, kind of like Leon's not part of EMS, I'm not a housing expert, but I'm learning more all the time and so there has been a lot of effort just in the past year even on trying to gather and understand what the issues are and what other jurisdictions are doing about it and, again, trying to maybe envision those even playing out in our community and what may be appropriate for -- for Meridian. So, webinars, some periodicals -- in fact, I want to read to you just a quick quote from -- this is one actually Bruce gave me from the Urban Land Magazine this past month. It says the cost of housing is a driver of where people want to go and increasingly where people want to go is where businesses have to go. If you want your cities to be successful you need to have housing at all levels that people can afford and certainly housing at levels that people can afford with the jobs they are performing. That's really a critical factor for the success of a city and I think it's become even more so over the last five to ten years. Housing is getting more and more expensive relative to incomes. Just one more quick one and these are some quick blurbs from these housing experts from -- throughout the country. I think we as the ULI governing trustees can help highlight for our members how necessary attainable housing is for the health of a city. Tech workers with 150,000 dollar jobs can easily find housing. However, it's the support workers who make it possible for those highly skilled, highly paid workers, to have a good quality of life who can't afford housing. They are the ones who lack attainable housing options and they are the focus for housing authorities across the country. So, that can even be framed a little bit differently. Some call it the missing middle -- middle class families, you know, making -- and that even can vary by definition, but 60 to 80 to a hundred of average median income. It's tough for those people that are just making those wages to afford housing in this market currently. So, again, a wide spectrum, but kind of even the missing middle to me is a -- a piece where in Meridian there seems to be a real need to address. News stories or other things, you know, the media -- I -- I -- I don't know that I can turn on the news now and not hear a story about housing. The Statesman hosted a brown bag -- virtual brown bag lunch a couple weeks ago. Listened to that with some developers. Had a city of Boise council person on there. We had a discussion just with Treasure Valley planners. What is everyone else doing? Information sharing. You know, Boise, their -- even their code rewrites has been in the media quite a bit recently what are they doing? What are some pilot projects that they are exploring to see how some of this may work in our area? ACHD is exploring impact fee waivers for affordable housing projects. Just mentioned that Boise asked Ada county to waive impact fees for their affordable housing projects. Public- private partnerships -- and I will just give a quick plug. Did talk to Council President Hoaglun. We will hear this next month -- hear from some experts on financing of these projects, so that will, hopefully, give a little bit more of the information to you on what that could look like for gap financing and, again, some of those housing tax credits, fee waivers, and those impacts, and those types of things, so -- and that's coming. Also at a regional level COMPASS has set up a housing affordability task force and so we are working -- and, actually, working with two classes at Boise State, they are advanced level Page 20 Meridian City Council Work Session Item#1. April 19,2022 Page 18 of— classes. I think one of them is a graduate level. They have --there is four different studies that they are looking at. There is an affordable housing financing group. That's also -- that's digging in the House Bill 701 that was recently passed, so the housing trust fund at the state is looking to be funded and so what are the implications? How is that going to work? So, they are going to do some analysis on that and -- and what that means to Idaho communities. Adaptive reuse. So, you get a big box that goes out of business. How can that be transformed into workforce housing. Again 701. So, what are -- they are going to come up with like a score card. What makes a good project? If you had a formerly commercial constructed building that you wanted to reuse for housing purposes, what are the things that factor in to make a good candidate for that. Transitory housing. People living in RV parks or in RVs on someone else's lot because they don't have anywhere else to go. Some things like that. And, then, again, middle missing housing, which roughly defined is middle densities, middle income, again, that AMI, 60 to 80 or even a hundred percent, which around here is about 60,000 dollars a year. Duplexes, triplexes, kind of that -- you know, we get a lot of the really dense stuff and the single family home, but it's a lot of those duplexes and triplexes, things in the middle. I'm also looking at -- and here is -- this is really a big issue that I wasn't overly keen or aware of, but the ratio of investor-owned properties is -- has skyrocketed over the last 15 years. So, major corporations owning and holding and leasing -- renting housing units versus them being for sale has gone something from like three or four percent up to 20 percent, so that has a huge impact on your rent costs then, because more and more of that is controlled by corporations, quite frankly, and the opportunity to be owner occupied, then, lessons, because the housing stock is being built by investors. So, anyways, probably enough on that. I do want to allow some time to go through the -- the table and get some direction from you on this topic. There is a lot and I'm sorry I'm talking fast and there is a lot to this, right, and I know time is limited today, but certainly willing to come back with some initial feedback on things, again, that you believe staff should explore. I thought Chris said he had my memo here, but -- I was going to put the table up. So, this one -- in here, though. Not before I share it then. Sorry. One second. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe a question while Caleb's getting that pulled up and -- and I'm not sure who this question is for. If it's for you, Mr. Mayor, if it's for Caleb, Bruce, Bill. We talk about housing attainment. Are we talking just about housing in terms of rentals versus purchases. Is it one? Is it the other? Is it both? I mean what's -- what's the intent that we are -- that -- when we are talking about that, what are we focused on? Hood: So, good question, Councilman Cavener. Thank you. And Mr. Mayor. So, again, for me it's very broad at this point. It is my-- my intent with this conversation is -- the goal is to -- for everybody to have a home; right? The opportunity to afford it. Whether it's rental or -- or owner-occupied, apartment, single family that isn't necessarily even part of the conversation and I will say this isn't necessarily your question, but we also have through our CDBG program, going to be coming, right, with affordable housing projects Page 21 Meridian City Council Work Session Item#1. April 19,2022 Page 19 of— that are -- it's related, but that's not what I'm necessarily focused on. This isn't solely and only affordable housing projects; right? This isn't 20 percent of LMI or very very low to moderate income type of -- certainly there -- there is concern there, too, but this is a broader -- what can we do to even up the inventory of the housing stock and of the availability of housing that people that want to live in our community. We can get -- we can define it more like you just did, if that's what you want, but at this point it is just starting that conversation of generally there appears to be a housing problem, a supply shortage, a concern about the rising cost of housing relative to incomes and that being a higher percentage, essentially, of a family income; right? Historically banks are 30 to 35 percent of your income is what you can afford for a mortgage. People are spending twice -- twice that to afford something in our market today. So, what can we do? What should we do, if anything, to make that more, quote, unquote, affordable. Simison: And I think Caleb just hit the -- at least from my perspective, since you -- is knowing what tools we have, what's being -- what can be implemented and if Council thinks that there is more that needs or should be done. You know, I think one of the most interesting ones that's on the list, for example, is the fact that you already can do accessory--or dwelling units on stuff, but I would imagine most of our HOAs have CC&Rs which prohibit them, you know, so there are limitations. It's good that we have that on paper, but what -- at that -- after that what does it really mean? So, just getting everyone on the same page for information is kind of the starting point from today. I don't expect we are going to solve this or even necessarily give immediate direction. In fact, you know, one of the Council Members I know would really like to engage in the conversation, so I think at this point in time, the best we can do in our -- in our limited time is if there is anything that you feel strongly that you would like to convey to Caleb right now, let's do that, so that he can figure out where to take this next in the next conversation or offline conversations and -- and the one thing he left out -- and you have to get Council Woman Strader's help is his five Us. I don't know where you put profit into that. We need to find an L word where we can associate with profits to help Caleb with his -- his element of that -- because that is -- that is part of it as well. No one builds these for cost. At least I'm not aware everyone just builds them for cost as a general rule from that standpoint. Hood: So, to the Mayor's question, I will -- I will stand for any comments you have on this initial list and while you are thinking about those, I will just kind of kick us off a little bit there with the accessory secondary dwelling unit. So, Mayor, I did actually have as part of the UDC focus group we are talking about some of these and so I brought it up to Brighton, who has put some dwelling units in our community and I said, hey, out of curiosity do you guys restrict this -- as a general rule how many of your CC&Rs do you restrict accessory dwellings and Jon Wardle said they don't. He said, really, what the problem is is that the lots don't accommodate them; right? Because you are building your home to maximize -- a lot of your building footprint you just can't fit it on, so it's not that the CC&RS -- it's that your home already takes up a good chunk of the land and so they are -- you know, not too many people have 20,000 square foot lots where you can fit another dwelling unit on. So, really, that's the -- but I did ask a question that is good, it just doesn't sound like the standard template for at least a couple of our developers is not to outright prohibit them. Page 22 Meridian City Council Work Session Item#1. April 19,2022 Page 20 of 23 Simison: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks a lot, Caleb, for putting this list together and I think out of -- out of this list the things that I am really interested in to explore more that I think could move the needle would be -- and I -- and I think it actually would fit in with kind of density bonuses or an incentive along those lines. Probably the most successful thing I have seen in other cities has been where developers have the opportunity to set aside like ten percent of their units in the case of multi-family or a certain percentage of their units as more affordable and, then, there is some type of a trade off, whether it's, you know, diminished open space or something that makes it economically more feasible for them, so that the project will pencil, but I think it's important to create a community where people of different incomes can live together and have buildings where people are integrated together so you don't have situations where you have one building that has kind of a reputation of being a low income building and, then, another building that's, you know, different. I -- I -- I think it works better, actually, if a certain percentage of the units get set aside, so that, really, we are providing a mixture of housing opportunity without stigmatizing people and putting them together in one place. So, that's one comment that I had. Something else that I'm interested in, it's -- it's not for a time like this, but for the time of a downturn. So, if we ran into a bad recession or we ran into a situation where we had a lot of blight or we saw opportunities where we said, wow, that property is really keeping us from moving this area forward, we think there is an opportunity to acquire that property from the city's perspective. So, I think right now is a terrible environment to do that, but I think in a really bad economic environment there could be opportunities if we had the financial wherewithal to do it. So, that was two comments. And, then, finally, one thing I don't see on here -- and we may not be ready for it -- there are innovations in building and, you know, there are 3D printers that people are starting to use to build houses and there are some pretty exciting innovations coming and I wonder if there are ways that we could be really forward thinking on including those in our building code or finding a way to be at the forefront of including the ability for people to use those tools here. That's just three thoughts, but I -- I think the list of things we are doing already we could expand. I was supportive of most of those and I thought, you know, talking about all of the ones that could be used I thought made sense, but those were the three that popped out to me. Simison: Council, any additional questions, comments, thoughts? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: My -- my initial thought when I first went through this in the packet was there are no silver bullets here. There is -- there is a lot of, you know, medium low effort, low benefit, but -- I guess small benefit I think the words were, but, you know, sometimes we Page 23 Meridian City Council Work Session Item#1. April 19,2022 Page 21 —— just have to pick up those small benefits and, hopefully, they add up over time and -- and different things. You know, affordable housing projects, you know, were --we can't require anything, but it doesn't hurt to ask developers and just say, hey, can you set aside some projects for affordability? What -- what can you do and ask them to -- completely voluntary, but -- it never hurts to ask. So, I -- I think -- like I said, as I went through this there is -- there is nothing that's going to be, ooh, let's do that, because that's going to be a big chunk of the problem. It's not going to happen, so, I -- I think we just have to pick and choose those things that we think will have an impact and they fit our abilities to do and -- and just kind of move forward in -- in that effort, so -- unfortunately, that's the best I came up with. Simison: Councilman Cavener. Cavener: Mr. Mayor, thanks. So, I think we -- there is a lot of different ways that we can tackle this and there is -- there is a lot of there there, is kind of what I keep saying about this. There is a lot of different ways we can approach this. For me if -- if we are going to laser focus on -- on one or two items to me I think it's important that we focus on home ownership. I think that being focused on people that are going to become permanent residents of our community or long-term residents of our community is where I would want us to go. I think that the work we have done with CDBG, with rental assistance, and stuff like that, we can continue to do that, but if we are going to focus as a Council, I want to focus on people who want to live here permanently and I -- I believe wholeheartedly in diverse housing and apartments have their role in our community. Townhouses do. But if we are going to talk about attainable housing, for me it's -- it's home ownership. So, to that note, you know, some of the suggestions around weird lots, density bonuses, I'm interested in learning more about that. One that I would like -- and I don't know if it's -- it's a memo or an updated presentation, the staff comments about a set aside, but generally speaking this concept is currently not allowed by state code. I would like to get a little more information about that and -- and what can we do, what can't we do? To Councilman Hoaglun's point, sure, we can always ask, but we probably would want to develop a framework that if we ask this is how we would want it to follow. The other piece that I didn't see on here and -- and maybe I missed or maybe it's captured somewhere -- is opportunities around tiny homes and I know that there is a really thin line between creating a trailer park community, which maybe is not something that we would support, versus, you know, tiny homes that have emergent and goes along with what Council Member Strader said about what are these innovative changes and how can we embrace that to create opportunities for people to own their home in our community. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: To go -- to piggyback on past comments from fellow Council Members, I -- you know, I will just be frankly honest. I -- I don't know a ton about this. I would like to learn more about how a local government can effectively get involved in something like attainable housing. I just don't know what that looks like. You know, I -- I always feel like Page 24 Meridian City Council Work Session Item#1. April 19,2022 Page 22 of— limited government is always the best way to go, but people need help and -- and -- and I -- I would just like to learn more. I just don't know enough about it to -- to -- to -- we will have -- have a real grasp on which way to go that -- that this -- this presentation is so vast and there is so much information in it, it's just really tough to wrap my arms about which way is the most effective way to go. So, I would -- I just like that -- you know, maybe some material, you know, maybe some -- some -- some ways in which I can learn more about just this subject in general, other than just Google searching it on my computer. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yes, we have -- we have had those discussions with staff, as Caleb alluded to, and, in fact, we have one coming up on finance and housing credits and all that stuff that all of Council Members except Council Woman Strader's head will be spinning afterwards I'm afraid, but -- because it is complicated, there is so much to it, so many levels and, I agree, we are going to be trying to dive into this, taking it in bite size pieces and -- and move forward and -- and see what we can do and what we can learn, because we are -- we are at square one, so we will go from there. Hood: Mr. Mayor, if you don't mind and I -- and don't take anything that I do forward to you, e-mail, but I get probably once a week to some -- to listen in or participate in some webinar. I can share that information. Don't take it as I'm -- you know, it's one of the disclaimers when you get the -- you know, early morning they are trying to sell you something. Not an endorsement by me, but I will share it and if you want to participate and learn there is an opportunity. So, don't think of it as spam, I'm just sharing and you can delete it if you want, but I will try to share periodicals and stories, articles, whatever to just give you the information I'm seeing anyways, so -- if you are okay with that. Simison: Councilman Burton. Borton: Thank you, Mr. Mayor. Yeah. Good thoughts to consider. I just -- listening to everyone's discussion and -- and Caleb's good work. I might challenge and -- and disagree a little bit. I think that the -- the non-homeowner resident of our city very well is a lifelong resident. I think when we -- when we try to explore tools to address the issue, I don't think home ownerships is the sole focus. There is a very large segment of our population that will be here for life and they may -- very well may be renters for life, but they are devout Meridian residents. So, we don't want to exclude them and -- and to dovetail on that I think exploring tools that are provided by outside agencies can be an efficient way to address some of that concern. There are some organizations that do that. I know we are aware of many of them, but if you are exploring all options that might be another way to address and provide some solutions, perhaps to homeowners, but also perhaps to those who are fortunate enough to be able to purchase their own home, but choose to make Meridian home as a renter for life. Page 25 Meridian City Council Work Session Item#1. April 19,2022 Page 23 of— Simison: Thank you, Councilman. Okay. Caleb, the thing that I would add -- and this is the struggle, because I -- I have heard this from friends out in the community, said, well, if we just increase supply we are just going to be great, but we know the impact that that has on our partner agencies, our roads and I think that's something that I think is really tricky balance to walk about our growth rate and, you know, is increasing supply beyond what we are currently doing -- it has an impact on our staff of trying to do the work and so their cumulative impacts for some of these directions, if supply was our go to, we are going to drive down cost, make it more affordable, because we are going to push up supply. So, there is some balancing and things here that impact a lot more as we look at the cost of housing in our-- in our city and bringing on more housing and what that means or does. So, just food for thought that that's where -- one area where I'm concerned is about growing faster than our current growth rate by increasing supply in the market. I think we are doing a fine job on our side of supplying the market, but if the market is over -- asking for more, I don't know that we are the -- that's the silver bullet to our solution. Again, many things. So, just food for thought as -- as we look at this going forward, because more housing has more impacts on every service provider in the city and our partners, including the jails as we heard, so -- all right. Council, unless there is anything else -- if there is anything different or more, just get it to Caleb and he will bring back some of this for a refined conversation. I'm sure we will hear from Council Woman Perreault, maybe have a one off with her, so you can bring her thoughts into this before the next conversation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn our work session. 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 5:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 5-3-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 5-3-2022 Page 26 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 5, 2022 City Council Work Session Page 3 Meridian City Council Work Session April 5,2022 Page— —— Martz: Thank you. Simison: Appreciate it. With that, Council, we have reached the end of our work session. Do I have a motion? Hoaglun: Move to adjourn, Mr. Mayor. Simison: 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 5:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-19-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 30 Item#2. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 5, 2022 City Council Regular Meeting Page 31 Meridian City Council Item#2. April 5,2022 Page— — Dodson: Okay. Simison: Do I have further discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? All right. Then do I have a motion to adjourn? Hoaglun: Move to adjourn. Simison: I have a motion to adjourn. All in favor say aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 11 :35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-19-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 128 Item#3. E IDIAN:--- IDAHO AGENDA ITEM ITEM TOPIC: LDIR 2021-0001 Water Main Easement L12l ADA COUNTY RECORDER Phil McGrane 2022-038901 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/20/2022 12:16 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-012 LDIR-2021-0001 WATER MAIN EASEMENT THIS Easement Agreement made this 19th day of April 20 22 between Achieving Properties LLC ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for -through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: .. (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that'Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/0102020 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: Achieving Properties LLC Bill Brown;member of Achieving Properlies LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged be me on 3�z� 1, r(dat y Bill Brown (name of individual), [complete the Wing if signing in a re entative capacity, or strike the following if signing in an lndiv f Achieving Properties LLC (name of entity on behalf of whom recor - Y in the following representative capacity: Member ofAChieving Properties LLC (type of authority such as officer or trustee) (stamp) ,k\�`\l1�AEBART��r��ri Notary ignature N`��A� 1FiTY/i,� My Commission Expires: 3 �202-4 ,• p?,Y P(je my cOMUIISSIQN _ EXPIRES 3-2-2024 '�� '•:9T�OF iO4:•• � NU P�BtiR�� +°6t111 ff{!1110�y4 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-19-2022 Attest by Chris Johnson, City Cleric 4-19-2022 STATE OF IDAHO, ) ss, County of Ada } This record was acknowledged before me on 4-19-2022 (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) Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Version 01/01/2020 Page 132 Item#3. PORTSIDE LAND SURVEYING , LLC LDIR-2021-0001 EXHIBIT A EASEMENT DESCRIPTION A twenty foot wide easement across a portion of Lot 5, Block 3, Olson and Bush Subdivision No.2, Book 90, Page 10508,and a portion of Lot b, Block 3, Olson and Bush Subdivision No. 3,Book 107, Page 14905.Said easement located in the SE 1/4 Of Section 8,Township 3 North, Range 1 East, Boise Meridian, more particularly described as follows: Commencing at the Northeast corner Lot 5, Block 3,Olson and Bush Subdivision No.2,thence along the North line of said Lot 5, North 88°10'58"West a distance of 28.07 feet to the True Point of Beginning; Thence South 01049'02"best a distance of 132.28 feet to a point; Thence South 21`26'01"a distance of 28.05 feet to a point; Thence South 01648'52"West a distance of 101.89 feet to a point; Thence South 88'11'08" East a distance of 16.99 feet to a point on the East fine of said Lot 5; Thence along the East line of said Lot 5 and said Lot 6,South 01°49'02"West a distance of 20.00 feet to a point; Thence North 88'11'08"West a distance of 36.99 feet to a point; Thence North 01048'52"East a distance of 117.77 feet to a point; Thence North 21°26'101"West a distance of 28.05 feet to a point; Thence North 01'49'02"East a distance of 136.39 feet to a point on the North line of said Lot 5; Thence South 88°10'58"East a distance of 20.00 feet to the True Point of Beginning. Said easement containing 5998 Sq. Ft. 4 LA 6-1 End Description Project No.22-106 12 Prepared March 22, 2022 e®,Q �O ® -3 Z Z Z uc,2 3626 W. Hill Rd.Boise.ID 83703 (208)484-6666 jim@portsidesurvey.com Page 133 Item#3. 16 N m c Or r y C to � � N �O N N �N �m O P C" d � rn 36.99 688"11 os-w Lanark Water Easement 3/18/2022 Scale: 1 inch= 40 feet 'tract 1:0.1375 Acres(5988 Sq.Feet),Closure:n05.4954e 0.01 ft.(1158050).Perirneter=638 ft. 01 sU1.4902w 132.28 03 n 28.05 02s28.05 09 n01.4902e 136.39 03 s01.4852w 101.89 10 s88.1058e 20 04 s88.1108e 16.99 05 s01.49nv 20 06 n88.1108w 36.59 0?n01.4852e 117.77 Page 134 Item#3. I I � � I : � n m ) Ln L) I ti n tim 1 'r 2 fi I ad z �W � p � an o°'q A a€''v I �$ €n tin �(11 kD ZPi N I € r1l L'i z f N a t'49'a2° E 136 39' I , it Z m ,co -yS A+ OF"4&52" E FF7.77' rr — S 0149�2" 4U F32.28' I o N o © o ?' r- --------------�'r 5 ZK- i L2 I S a 1'4B'B2" YI 101.89' 1Q 97 o O C N iV o NoMo � N ] N 01'48'02" E z74.73' ' � o 1 coo � 1 O p uj I m b Nati n a� D O I Pa � � I C obi � co co � � om � � rn = i z IR a w w © o w Page 135 Item#3. 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: Achieving Properties LLC Bill Brown;member of Achieving Properties LLC STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on (date) by Bi Crown (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 Achieving Properties LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Member of Achieving Properties LLC (type of authority such as officer or trustee) (stamp) �$( a®gg�l�3'a�4P►�«dl/sfff Notary�SSignature My Commission Expires: Pus�. MY COMMISSION = _ EXPIRES 3-2-2024 UA T'rjlltPii{tB61i`��t� Page 136 Water Main Easement Version 01/01/202 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Final Order for Skybreak No. 1 (FP-2021-0058) by DevCo, LLC, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. Page 141 Item#4. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 5, 2022 ORDER APPROVAL DATE: APRIL 19, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 84 RESIDENTIAL ) CASE NO. FP-2021-0058 BUILDING LOTS AND 21 ) COMMON LOTS ON 35.67ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-8 AND R-15 ) APPROVAL OF FINAL PLAT ZONING DISTRICTS FOR ) SKYBREAK SUBDIVISION NO. 1. ) BY: CONGER GROUP ) APPLICANT ) This matter coming before the City Council on April 5, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING SKYBREAK SUBDIVISION NO. 1, LOCATED IN A PORTION OF THE SOUTH '/2 OF THE NORTHWEST '/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKYBREAK NO. 1 FP-2021-0058 Page 1 of 3 Page 142 Item#4. 11/19/2021,by JEFF BEAGLEY, PLS, SHEET 1 OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 5, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Laren Bailey, Conger Group, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKYBREAK NO. 1 FP-2021-0058 Page 2 of 3 Page 143 Item#4. issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 19th day of April , 2022 By: Robert Simison 4-19-2022 Mayor, City of Meridian Attest: Chris Johnson 4-19-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4-19-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKYBREAK NO. 1 FP-2021-0058 Page 3 of 3 Page 144 Item#4. EXHIBIT A STAFF REPORT Ic� E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 4/5/2022 Legend DATE: Pro-ec- Lcc❑=or TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner i 208-489-0573 000 000 SUBJECT: FP-2021-0058 Skybreak No. 1 LOCATION: 7020 S. Eagle Rd. &3487 E. Adler Hof -� Ln.,in the south 1/2 of the NW 1/4 of Section 4, T.2N.,R.1E. (Parcels# S1404244250 & S1404233650) e I. PROJECT DESCRIPTION Final plat consisting of 84 lots and 21 common lots on 35.67 acres of land in the R-8 and R-15 zoning districts. II. APPLICANT INFORMATION A. Applicant: Conger Group—4824 W. Fairview Ave.,Boise, ID 83706 B. Owners: C4 Land LLC—7020 S. Eagle Rd,Meridian, ID 83642 Peter and Dana Eisenman—3487 E. Adler Hof Ln.,Meridian, ID 83642 III. STAFF ANALYSIS In 2020,the property received approval of an annexation, zoning to R-8 and R-15, and a preliminary plat to construct 316 single family lots on 80.46 acres of land(H-2020-0127, Instr. #2021-119175). This included approval for private streets. A condition of approval of the development agreement required the applicant to submit a wildland safety plan for the hillside area to be approved by the Meridian Fire Department with the first final plat. The applicant did submit this plan and it was deemed to be satisfactory by Meridian Fire. Another condition of approval of the development agreement required an increased rear setback(as shown in applicant's narrative as a"no-build area"dated June 14, 2021)for Lot 74, Block 5, abutting Pagel Page 145 Item#4. Vantage Pointe(now Lot 36, Block 3). This no build area is not indicated on the final plat. Staff has added this as a condition of approval. At time of annexation and preliminary plat the applicant received the following from the City Council that would apply to this phase: 1. Alternative compliance from UDC I I-3F4 that limits gated developments to 50 lots,to allow 106 gated lots. 2. Alternative compliance from UDC I I-3F-4 prohibiting common driveways off private streets,to allow 3 common driveways. 3. Alternative compliance from UDC 11-3 B- 12 and UDC I I-3G- 3 requiring minimum landscaping along pathways and within common open space to allow the area surrounding the pathway in Lot 46 of Block 5 to remain in a natural state. 4. A wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750) feet in length without an intersecting street or alley to allow Block 3, along the southern boundary of the property,to be approximately 1,190 feet in length. Staff notes although the applicant did receive alternative compliance from UDC 11-3B-12 and UDC 11-3G-3 to allow the area surrounding the pathway along Lot 46,Block 5 to remain in a natural state (now indicated as Lot 19,Block 3),this was intended for the area surrounding the natural pathway shown bisecting Lot 19,Block 3 from north to south. This did not extend to the paved golf cart pathway shown in both Lot 18 and 19,Block 3, as the approved preliminary plat landscape plan does show trees along this pathway. Also,the approved preliminary plat and landscape plan indicates sidewalk extending south along Lot 46,Block 3 to the Vantage Pointe subdivision,whereas this is absent on the final plat. Finally,the common drive exhibit indicates a 5 ft. wide landscape strip adjacent to the solid fence as required per UDC 11-6C-3C,but this landscape strip is not shown on the landscape plan. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat does not increase the number of building lots and/or decrease the amount of qualified open space as shown on the approved preliminary plat,with the exceptions listed above, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 146 V. EXHIBITS A. Preliminary Plat red-marked to show area of Phase One (date: 6/16/202 1) ............ �`' mBTllwsO' ,a 6 i� e --------------- 744 Page 3 Item#4. B. Final Plat(date: 11/19/2021) I i� ilAPlATT6D $•�. Si q Li &P8NM6 LAP18 __ -_ _ - -_ 5Ps^4.'zz•E lr9O3'__ __—__—_ x89°5641'E 2W.53' NB9°56'41"E 618.82' xaP5bM1F 4pJS -- EGINNING 3 mvNle mwcn ---- N - wlllscasual /l6 NFrvFrs ms us ! a ! u RS4MJ Ni19U91960 1 to != 19 Ns S� 10 1 �''!3 (y 'll aLOIX3 /]ANE(PewAral�'� M 550°1978"E �Z �k^ NB9°47Y78"W �5 J11 A5 5 89°4TYI8"E 589-41V E2466T 1� 7 61OLK3 &Loos _ 1 LEGEND 1 `- - - PBmcur�3�ulvea8l j +ram � u O ' I.rv.. --�--� Sll9OfV1AON dZSYCWiYL]M1F 9j W�"�g---�-- 101 F 19 ti I R, N89^9]Y18°W 309.29' pp %� Iy LOT uxIPS rlS L14w q BS 94 ; �IllFRINYE j 1 35'fNM UTPW_EASEMFM g g .E.C6DAHIIUD'S1'L1N2 PRR'ATE 1 Ex15TDM OEEDOR l4T uxE oET.ln 2 A'IUNOS's"AE3a1✓CAPAS.IMm +� Li8 I !j I\ o ramp uLd♦mLw cm ,' sic m '� I x n n xe �� sFrsFaaesAweur less] �o \t $1� moats j �J��. 1 Inrruwafr ! �' �� S3 n �S&N Gsxea LAMB 3 aani3 I �r .58F47Y78E 151.10' --- - - —S YM_LINE{PRff'ATE}-� \1WW]l -,.. \ �Cw4160.'AI6N- TN@JMSi2"W I4O9]]� --� R.WTAOE PWN98 LOZ_............ ............ .......... .......... _.._-.N B9MB'11'W M331! .........4Y5 JS} _.__ _ 9. YANTACi PORT!3 DGI9I6iDN .....6F)I203dp53J B%AD,PO 65]fi 'I "No build"required at the southeast portion of this lot. C. Graphic on narrative included with DA indicating area of no-build(date: 6/14/2021) FICIgIIUVI_,5 jvdi1Ldru rv111L JuuUlvuwuFlf LU JSCL d1l IUCd VI VVIIdL 1011CY WUUIU 911I.0 LU 11dvC PUN d L143FMILIUII Lu their properties. I --�- 16 I Skybreak Neighborhood l 1 IL Non-Build Area 30' Setback 15' Setback r Mathew Smith Michael Lange William Lewes Troy Kagee Larry White Vantage Point Subdivision Page 148 Item#4. C. Landscape Plan(date: 11/17/2021) I IE F fdS I �•':' Pa IXIMT � "- 'I��lrt,:' II'I •III I I I� n 'tiv II/A'-X RRMXE 5EE GWL LY!','IT R P] -. ��'�•�^. JIB+.. r c [ s 6LOCN 1 I ._G,. ".�•rY ��11 kF I:c� n¢ fI.T-Pf V-rTRfN.Rif I u ''�T. I 4 .:..... ._ N. 41 _ _ _ .•I E BINGLE WE II I II �� ♦�5. .. — ac - YiN I111 �� •+ I I r III L.t I:V.I 'h r.+i�V:ttr•LN: j�,W ,,rr�� . A IN=rcI-Iu1J� _ _ +tizo THIS 9HT !• A g�� /, `IIII f �S'}_��,~ '� f I.. I�ryll•aH.. a.�n LL1'Z r y� r;.ti'�,r-� -�<�. .yd-l� +.fF. • din Iw Iltl •'I•• g'hj ( ..J+4W ':. :R'' .I�il •III "iH I RL >-IH N•^'M'_'._{.'; .. ,� t :�ITI. A_ F"�y'•�•e�- ,,��`y e:l ,.I7 r. yLl I... �} �''�'�i-•.:ice.. ___' :•r `^r-'E 6+N LAN•� � c 4 .II I ]-1N le_. �f� k..NF�. I IH I... �•I i l-` Page 5 Page 149 Item#4. 4M14TCHLINE La 90 94 r 89 W, ['Irt'YAG g I 5 x �r TI rCw.0 95 3& Ilk W J bil I 96 I 7Iz 87 1 +I BLOCK 3 I•�r-xr u.rRrrn�r wvle 0 :fiP� - ill ill IVI r ` ~ ~ Ic[ I:c IW 3 I I_ `• � ti IIII �� I I I m. . � Ili 97 99 ]err, >:.I� rtli�li II ;� e`�. �• �lir •,� � � � ° W W i g `��yl�xr• IIIIII IIrIII -._." '-/�...'� - ._. -- cs.—. N �'��•.:- .:' :IIII I{i, 2 2 a.. ;4 I I:.r.l 1 �Z Xk} BLOCK 3 1'° BLDCI(3 ` 1 143 102 r _ _1_ _ _ .. � .•.'E CFLpRHIIRST LANE[PVT]._ I °cr sILLL .ti�C}J sw YCW 41,: bcY vwi j.. 7... Z 2 YkF �l IYiLLI 54 55 sm 1 $�• r. 59 71 ItF' I :I kL . ,_ . . . ,_ . . MATCHLINE L:w. Page 6 Page 150 Item#4. Approved landscape plan shows trees along this pathway �_ ... . .... ....... ..._ rye mvi gLOCK3 it 72 13 14 15 I6 17 19 I -10 Y - 1 - _E RFLFRY LANE(PVT) - �,.`'"` \ \� �� \ —T� 20 5a" sz n .- 8 '* J � 91 •� � ,mi s.r 21 2 W BLOCK3 ��oLL a.P w Z . 1 1TC�LINLL4 3— — m g — — ACHLNL4 ..::. MATCHLINE L3 t +.: ..... _ :t MATCHLINE L5"" .:' .. ..... Same area from approved landscape plan CE TPf a. 3 f r' 96 VY mfBi&4& t PAT*r.Y �I sill L t6'J 1a•, 73 � S� }` L3 107 I nh #5 •. 101 1oF F M1L•M1 1{M� 14 f} �j� ••y� S L f a E> 4acu ; L AV" Page 7 Page 151 Item#4. ` 61ATGHLINE L9 — rr ..... ..'::::.. ..... ...':.'::.': ,m 2tr 29 ::: : ..:::::: :::: ::::I MIn TPl W m l'.':.m:.'.'.m...':....':....':.'::.':.'::::. .':::.'... '.'.� J r t -::.. it a 28 x 30 '.':.'..'.':.'. .':............... .......... 27 6LOCK 3 :................................ ........................I it I--- -- --- - bt- �'- :. t'.... ..}..t. .... ..,. 31'F ROSE LAWN LAME{PVT} ' : klNbll Al ':.Y':.':......................� •. 174 75 76 77 .�'. ..'............... .'.'............. .'.:':::i I 'AH,I II'W.I' HIM ' F34 i'i•.V I.i1' Ali l.s!iir.• - ::.'I 32 10 ........... .............. . . x =N. $. mm :.... a 182 81 8D 74 rl r,l ', 33 I.; I :] E V A OO N IA LANE(PVT) 35 I I P'F mp W' ::.'.':.':.'.'.:'::.'.:'::. 1 iRHS II .:'.� '39 38 37.... i 36 I8LOC1L 3 Rnnxe rmx ':.:.'...........: Page 8 Page 152 Item#4. �I 61 fig Approved landscape plan shows 51 g sidewalk continuing south here 62 68 f I. III N so 63 O 49 - - - E VADONlA LANE(PV7) � '" - Z Z J J 2 2 l 45-' 44 43 42 47 49 U V i r r m a a I 48 49 145 163 161 � 131 146' d STREET K[PRIVATE] *AMP -ROW Approved landscape plan showing sidewalk 83 181 01 l Jr le L Page 9 Page 153 Item#4. D. Approved Landscape Plan(date: 6/16/2021) J . �a is f S 11 W ., 7 -J Page 10 Page 154 Item#4. E. Common Drive Exhibit(date: 11/22/2021) —77w o �SET,W,K"TYP BLOCK 3 I LOT 14 TAKES DIRECT STREET I I I ACCESS. DRIVEWAY LOCATED ON EAST SIDE OF WT. l l I 11 12 13 14 15 I I I ox I I I I I sN to L --J L ---J Low----J U1 FUTURE EMERGENCY a W ACCESS q N 10 E BELFRY LANE(PVT) vim 9 �y ,z.DD' REAR LOT g TAKES DIRECT MEET This landscapestrip is not shown SETBACK ttP�----� ACCESS. DRNEWAY LOCATED 1� ON SOUTH SIDE OF LOT. ——_ on the proposed landscape plan I Page 11 Page 155 Item#4. VI. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation and preliminary plat applications (Development Agreement-Inst. #2021-119175,AZ,PP H-2020-0127) approved for this site. 2. The applicant shall construct the street buffers and pathway along S. Eagle Rd. with the first phase of development. 3. The existing residence at 3487 E. Adler Hof Ln. (Lot 23, Block 3)will be required to abandon the well and septic system and connect to City water and sewer prior to the first building permit. 4. Per UDC 11-3F-3,the applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 5. Prior to City Engineer signature on the final plat,the final plat prepared by Civil Site Works, stamped by Corinne Graham, dated: 11/12/21,included in Section V.B shall be revised as follows: a. A 15 ft. side yard setback and no build area(as shown in Exhibit V.B) shall be indicated on the plat for Lot 36, Block 3, abutting Vantage Pointe. b. A 30 ft. rear yard setback(as shown in Exhibit V.B) shall be indicated on the plat along Lots 36-45,Block 3. c. Plat Note No. 5—add instrument number. d. Plat Note No. 14—add instrument number. 6. Prior to City Engineer signature on the final plat,the landscape plan,prepared by Jensen Belts Associates on 1 l/17/21 included in Section V.B shall be revised as follows: a. Sidewalk meeting the requirements of UDC 11-3A-17 shall be added within Lot 46, Block 3 as shown on the approved preliminary plat landscape plan. b. Trees meeting the requirements of UDC 11-3B-12 shall be provided along the golf cart path in Lots 18 and 19,Block 3 shown on the approved preliminary plat landscape plan. c. A landscape strip meeting the requirements of 11-6C-3D shall be provided on the south side of the common drive in Lot 10,Block 3. d. The landscape plan shall indicate any existing trees on the subject property that are four-inch caliper or greater; or mitigate for the loss of such trees as set forth in UDC 11-3B-10C. 7. Pathways and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 8. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street buffers, and mailbox placement. 9. Developer shall comply with all ACHD conditions of approval. 10. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. Page 12 Page 156 Item#4. 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. The applicant shall obtain the City Engineer's signature on the subject final plat by July 20, 2023,within two years of the City Council's approval of the preliminary plat; or apply for a time extension, in accord with UDC 11-613-7. 13. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Applicant may consider adding a valve cluster at any location along the water main that will be connected to a future phase because hot tap water connections will not be allowed. 2. Ensure that future sewer connections into manholes are installed at a minimum 90 degrees. 3. The City does not want manholes in sidewalks because they can be a tripping hazard. Sanitary Sewer Manhole A-3 and A-11 are currently shown in the sidewalk and will need to be moved into the right of way. This may require reconfiguration of the water line and additional manholes. 4. A 30-foot Type 1 streetlight with an 8 foot mast arm is needed 220 feet south of the southernmost existing streetlight on South Eagle Road on your plans. 5. Call out the LED fixtures that will be used for both types of streetlights. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City Page 13 Page 157 Item#4. 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 11-14B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of Page 14 Page 158 Item#4. way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 15 Page 159 Item#4. From: Laren Bailey To: Alan Tiefenbach;Adrienne Weatherly;Bill Narv; Bill Parsons;Charlene Way;Chris Johnson;Ted Baird Subject: RE:Skybreak No. 1 FP-2021-0058 Date: Wednesday,April 13,2022 9:40:49 AM External Sender-Please use caution with links or attachments. Alan, We are in agreement with the staff report and conditions. Please finalize our Final Plat applications. Thank you From:Alan Tiefenbach <atiefenbach@meridiancity.org> Sent: Wednesday, March 30, 2022 10:49 AM To:Adrienne Weatherly<aweatherly@meridiancity.org>; Bill Nary<bnary@meridiancity.org>; Bill Parsons<bparsons@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>;Ted Baird <tbaird@meridiancity.org> Cc: Laren Bailey<laren@congergroup.com> Subject: Skybreak No. 1 FP-2021-0058 Attached is the staff report for the final plat for Skybreak No 1. This item is scheduled to be on the consent agenda at the City Council work session on April 5, 2022. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk(@meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Alan Tiefenbach I Current Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 C4fE II?FI i u,t r�o Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Page 160 Item#5. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Denial of Jamestown Ranch Subdivision (H-2021-0074) by Walsh Group, LLC, Located Near the Southeast Corner of the N. Black Cat and W. McMillan Rd. Intersection at 4023 W. McMillan Rd. and parcels 50434223150, 50434212970, 50434212965, and 50434212920. Page 161 E IDIAN*-- 3AH0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION,AND ORDER Date of Order: April 19, 2022 Case No.: H-2021-0074 Applicant: Walsh Group, LLC In the Matter of. Request for(1) annexation and zoning of 80 acres of land with an R-8 zoning district and (2) a preliminary plat consisting of 294 building lots and 25 common lots. Pursuant to testimony and evidence received regarding this matter at the public hearing before the Meridian City Council on March 15, 2022, and April 5, 2022, as to this matter, the City Council enters the following findings of fact, conclusions of law, final decision, and order. A. Findings of Fact. The City Council finds that: 1. The facts pertaining to the 80 acres of land("the Property"), the Applicant's request, and the process are set forth in the staff report for Case No. H-2021-0074, which is fully incorporated herein by reference. 2. The Property is not located within the incorporated area of the City of Meridian. 3. The Applicant is requesting annexation of the Property in order to develop a residential subdivision. 4. The proposed annexation is a Category A annexation under Idaho Code section 50- 222(3)(a). 5. The proposed annexation will generate additional traffic on W. McMillan Road that will be detrimental to the community. 6. Under the Ada County Highway District (ACHD) Capital Improvements Plan(CIP), W. McMillan Road, from N. Black Cat Road to N. Ten Mile Road, will not be widened to three lanes until 2031, at the earliest. 7. The proposed annexation will generate additional traffic on N. Black Cat Road that will be detrimental to the community. 8. Under the ACHD CIP,N. Black Cat Road, from W. Ustick Road to W. McMillan Road, will not be widened to five lanes until 2031, at the earliest. 9. Under the ACHD CIP, a multi-lane roundabout at the intersection of N. Black Cat Road and W. McMillan Road will not be constructed until 2031, at the earliest. 10. Based on the foregoing, the proposed annexation is not in the best interest of the City of Meridian. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Page 1 Walsh Group,LLC—Case No.H-2021-0074 Item#5. B. Conclusions of law. The City Council concludes that: 1. The City Council takes judicial notice of Idaho Code section 50-222, which governs annexations by cities. 2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. 3. The City Council takes judicial notice of the Unified Development Code of the City of Meridian(UDC), all current zoning maps, and the City of Meridian Comprehensive Plan. 4. In order to grant an annexation and rezone, the City Council must make certain findings as delineated in UDC section I I-5B-3, including a finding that the proposed annexation is in the best interest of the City of Meridian. UDC § 11-513-3(E)(5). 5. Because the City Council found that the proposed annexation is not in the best interest of the City of Meridian, the requirements set forth in UDC section 11-5B-3 have not been satisfied, and the proposed annexation shall not proceed. 6. A city's decision to deny a Category A annexation is not subject to judicial review under Idaho Code section 50-222(6). Black Labrador Investing, LLC v. Kuna City Council, 147 Idaho 92, 97, 205 P.3d 1228, 1233 (2009). 7. The purpose of the UDC is to "[c]arry out the policies of the comprehensive plan by classifying and regulating the uses of property and structures within the incorporated areas of the City of Meridian[.] UDC § 11-1-2(B) (emphasis added). Because the Property is not located within the incorporated area of the City of Meridian, and because the proposed annexation shall not proceed, the City Council is precluded from granting the Applicant's request for a preliminary plat. 8. Pursuant to Idaho Code § 67-6503, the City of Meridian has properly exercised the powers conferred by LLUPA. C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby denies Applicant's request for annexation of the Property. Further, because the Property is not located within the incorporated area of the City of Meridian, the City Council hereby denies Applicant's request for a preliminary plat. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. E. Judicial review. Pursuant to Idaho Code section 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code section 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code section 1-7-10, seek judicial review of this final decision as provided by Chapter 52, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Walsh Group,LLC—Case No.H-2021-0074 Pag Page 163 Title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 19th day of April, 2022. Robert E. Simison 4-19-2022 Mayor Attest: Chris Johnson 4-19-2022 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Walsh Group,LLC—Case No.H-2021-0074 Page 3 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Aviation Subdivision (H-2021-0096) by Jadon Schneider of Bronze Bow Land, Located at Parcel #51210325951, Near the Northeast Corner of N. Black Cat Rd. and W. Franklin Rd., North of Compass Charter School Page 165 C�((IEN CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION& ORDER In the Matter of the Request for Preliminary Plat for 48 building lots (6 single family attached lots, 31 townhome lots,2 detached single-family, and 9 multi-family lots),8 common lots,and 1 other lot, and a Conditional Use Permit for 36 multi-family units on 9 of these lots on 9.8 acres in the R-15 zoning district,by Jadon Schneider,Bronze Bow Land. Case No(s).H-2021-0096 For the City Council Hearing Date of: April 5,2022 (Findings on April 19,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 5,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 5,2022,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 5,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 5,2022, 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(Aviation Subdivision—FILE#H-2021-0096) - 1 - Item#6. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 5,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Preliminary Plat and Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 5,2022, 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. 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(Aviation Subdivision—FILE#H-2021-0096) -2- Page 167 Item#6. 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. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of April 5,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Aviation Subdivision—FILE#H-2021-0096) -3- Page 168 By action of the City Council at its regular meeting held on the 19th day of April 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-19-2022 Attest: Chris Johnson 4-19-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-19-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Aviation Subdivision—FILE#H-2021-0096) -4- ►tem#s. EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING April 5,2022 Legend DATE: Project Location m TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner _ 208-884-5533 - - SUBJECT: H-2021-0096 Aviation Subdivision LOCATION: The site is located near the northeast corner of N. Black Cat Rd. and W. Franklin Rd., to the north and northeastof Compass Public Charter School,in theOf SW 1/4 of the SW 1/4 of Section 10, Township 3N.,Range 1 W. I. PROJECT DESCRIPTION Preliminary Plat for 48 building lots (6 single family attached lots, 31 townhome lots,2 detached single- family,and 9 multi-family lots), 8 common lots, and 1 other lot and a Conditional Use Permit for 36 multi- family units on 9 lots on 9.8 acres in the R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 9.8 acres Future Land Use Designation Medium-High Density Residential(8-12 du/ac) Existing Land Use(s) Vacant Proposed Land Use(s) Attached Single-Family Residential(SFR),Detached SFR, Townhomes,and Multi-family Residential Lots(#and type;bldg./common) 48 building lots(37 single family attached,2 detae eA ^�6 single family attached lots,31 townhome lots,2 detached single-family, 9 multi-family); 8 common lots; 1 other lot(irrigation pump house)—75 total residential units. Physical Features(waterways, Purdam Gulch Drain runs diagonal through site from the hazards,flood plain,hillside) southeast corner to the northwest corner.Applicant proposes to tile this drain and realign it along the east and north boundaries to make better utilization of the property. Neighborhood meeting date;#of September 16,2021,no attendees attendees: Page 1 Page 170 Item#6. Description Details Page History(previous approvals) H-2018-0048(Compass Charter School AZ,CPAM;DA Inst.#2018-079763);H-2020-0111 (Aviator Sub. CPAM, MDA,RZ;DA Inst.#2021-067235). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via extension of W.Aviator Street, Hwy/Local)(Existing and designated as a towncenter collector street on the Master Proposed) Street Map(MSM)and within the TMISAP(two travel lanes and on-street bike lanes). Access to the lots within the subdivision are proposed via a new local street that loops through the site and connects to Aviator in two places;multi-family drive aisles are proposed to connect to this local street for access to those units. Traffic Level of Service Black Cat Road(0' of frontage)—Better than"E" (474/575 VPH) W.Aviator Street—no known traffic counts were given by ACHD. Stub Street/Interconnectivity/Cross Applicant is proposing to extend W.Aviator Street and Access bring it through the subject site and stub it to the eastern property boundary north of the irrigation district pump station in the southeast corner of the site. Existing Road Network W.Aviator ends in a temporary turnaround approximately 200 feet along the property's southern boundary.Next closest street is N.Black Cat Road,an arterial,and is in the ACHD CIP for widening in 2031-2035. Proposed Road Improvements W.Aviator extension through the site to the east property boundary. ACHD—CIP Black Cat is listed in the CIP to be widen to 5-lanes from Franklin to Cherry between 2031-2035. Black Cat is listed in the CIP to be widen to 5-lanes from Overland to Franklin between 2036-2040. Franklin Road is listed in the CIP to be widen to 5-lanes from McDermott Road to Black Cat between 2026-2030. Distance to nearest City Park(+ Fuller Park(21.96 acres)— 1.3 miles by foot; size) approximately 1.7 miles by vehicle. Fire Service • Distance to Fire Station 2.5 miles from Station#2 • Fire Response Time Falls outside of the 5-minute response time goal • Resource Reliability 85%(above the goal of 80%) • Accessibility As submitted,plat does not meet all requirements—Site needs secondary emergency access. • Additional • Because project is at a dead-end road with no Comments/Concerns secondary access,ALL single family units constructed will be required to be built with fire sprinklers. Page 2 Page 171 Item#6. Description Details Page • Aviator Street is currently shown without a turnaround at its terminus;Applicant will be required to terminate Aviator with a Fire and ACHD approved turnaround. Police Service • Distance to Station Approximately 4.2 miles from Meridian Police Department • Response Time Approximately 4 minute response time to an emergency. • Call Data Between 12/l/2019- 11/30/2021,the Meridian Police Department responded to 2,591 calls for service within a mile of the proposed development.The crime count on the calls for service was 234. Between 12/l/2019- 11/30/2021,the Meridian Police Department responded to 52 crashes within a mile of the proposed development. • Additional Concerns Traffic congestion at the intersection of Black Cat and W. Aviator during peak times at the nearby charter school. Wastewater • Distance to Sewer Directly adjacent Services • WRRF Declining 14.26 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • Additional 7,500 GPD of flow committed to model • See Public Works Site Specific Conditions Water • Distance to Water Directly adjacent Services • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Impacts/Concerns See Public Works Site Specific Conditions Page 3 Page 172 l 1 - . • 1 1 1 I■■l■rrq■: �� I�r t - • - • uumllu - • - • nm■ . := 1 - �,u • i:: .��i:a�'.'r'm�111� - II�I■,1 .� � � �� . ■::::-114nn nnlr►:-nl.J� Ae: Ilk II -� IA. 111 II= dl�rllllllm `� 31 Aq' � __ k i - • --�r - loom `� ��+ �- 'J - J fa ✓ m �FRA®NKLIN --•-•- nnnnlmlpnm mn FR°AN KL�IN=�"- _--- •■In illlllll I• ---� IIIk IIIIflllrlUNIN SIR -• p 111■11 `� 11'llll / Ilklklll = 11/ e■mm� n■■1 = • • - _•nmml °I aiiii � -Hill 1 no■ .� ■rlr■ rnnl nu■: I�� n - • - • 1■Irrl � rl r - • - • ■Ilgrrrrr■I: f�.y_`j NI• unn h r�I�■■■1■■■rr■■ "� 'f1� �� II ::■��il:. :-. -. - •y :: � :: �::: :IIII ■■..�Ium1 nnn►�.----Sul ■■■:=:Ilrl■II nnn8�-m,_ ■■■■: r11rr1■■ lnl 1 >,M- .III` ■■■■�.111111■1 IIII■Ill::�l.r L rrrr:�ilrll■Ilrr IIII ' I�II_ ' • -• '• ,y�� 4�■:�Ir1111■Ilr IIIIIIIIrI /III "�� u rrnlloq- nn=1n1111q .�' @ u■u rinq=pl-�Imnm - ! 11111=',?.��■� �IIIkI 9 F L IIIIII a ��- _� IIIIPI-:=o'':=.loom �• � �■r111•\\\II__nlltunuuiimin mmrana■lug nnuumnu ' nmll! ®,� � S'If� �J� _ --■1.-= n�:::;■■ III �� Y� LIT I I�■��,If ��f- ��' `:�'r:.Y m 1111hn 5 ��i .. ..k1•■■■ IFRANKL-IN. - �FRANKL�I�Nr"""'' Q u5.Ad111 IIiSSilldlf$' ' IIIIIq il11111111111111 r11111111 111111 C11@011@1' r r1I111 � ��I111■■1 d= 11 • 1111111 �Illlm�_-_ U ...'OIIII . �IIIIIII•'� �� -i- pp 'iI11O_; ♦■IIII-_ x,rlllllllll "p+Q•Iml=,., 1•:]_/.'I�� IIIIIIIIII �rlll�__ i Item#6. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 2/15/2022 Radius notification mailed to properties within 500 feet 2/14/2022 Public hearing notice sign posted 2/17/2021 on site Nextdoor posting 2/14/2022 V. STAFF ANALYSIS A. COMPREHENSIVE PLAN/DEVELOPMENT AGREEMENT The subject 9.8 acres were annexed into the City of Meridian in 2018 with the Compass Charter School application and also received CPAM approval at that time to change the underlying land use from medium-high density residential to mixed employment. Later,this 9.8 acre parcel was no longer a part of the long-term plan for the school and was subsequently sold. In 2020, a new application for a Comprehensive Plan Map Amendment,Development Agreement Modification, and Rezone were requested and approved to allow for residential zoning and uses instead of Mixed Employment or other industrial uses desired in the previous mixed employment designation.With these approvals,the property was returned to its original future land use of Medium-High Density Residential(MHDR)and included a new concept plan with a residential development and the proposed and preferred location of the Aviator Street extension. 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. Per the Ten Mile Interchange Specific Area Plan(TMISAP),MHDR designated areas should include a mix of housing types such as row houses,townhouses, condominiums, alley-loaded homes, and apartments with higher densities near MU-C and Employment designated areas transitioning to smaller-scale and lower density buildings as the distance increases from higher intensity uses. The Applicant is requesting a Preliminary Plat and Conditional Use Permit to construct a mix of single- family and multi-family residential units. The Applicant is proposing 7�75 total residential units on the subject 9.8 acres in the R-15 zoning district which constitutes a gross density of 7-44 7.65 du/ac. This density does not eamply with the minimum density required w4hin the PA nor-the futtwe!a-nd use can be rounded up to the minimum of 8 du/ac per provisions within the Comprehensive Plan. The Apphea-at shoti4d r-&vise the plat to inelude at least one more dwelling tinit meet the minimum density requirement. Ftwt4o,..n e.o, In addition,the existing DA includes conceptual floor plans that depict front loaded single-family homes with recessed garages to create a more porch and pedestrian dominated front fagade on the public local streets. The s4mitte revised conceptual elevations w44 t4is a,.pliea4ior do not now show compliance eemp! with the elevations and floor plans included in the DA and the Ten Mile Plan. Specifically,the Applicant has revised each of the townhome units to be 2-bedroom/2.5-bath units with a 1-car garage and parking pad that complies with the minimum required off-street parking. Furthermore,the garage is now shown 16 feet behind the living area fagade, as desired within the Ten Mile Plan. Therefore, Staff supports the revised elevations and Page 5 Page 174 Item#6. believes they adequately comply with those elevations and floor plans within the DA and in the Ten Mile Plan. Therefore,the Applicant should submit a DA Modification to revise the existing elevations and floor plans in the DA OR revise their proposed building design to be more eonsistent with the existin PA. Stag believes the Peor-plans within the DA should be maintained and WOUld HOt be sttPpE)t4iVe Of a DA Modification to remove them from the DA because they are more eonsistent with the Ten Mile Plan. In addition to the subject parcel, surrounding development should be taken into account, directly west of this site,Hensley Station is currently under construction as a medium-high density residential subdivision and less than a half mile to the east of the subject site additional high-density residential projects are currently underway. In addition, south of Franklin Road is a larger area of the Ten Mile Plan with a mix of residential, commercial, employment, and industrial zoning. This site is part of a large area of MHDR that is slowly redeveloping from both the west and the east and development of the subject is a logical direction of development in this area in terms of density and road improvements. However,the transportation element of this area of the Ten Mile Plan is important and there are known traffic issues in this area caused by the adjacent Compass Charter School, most notably at typical pick-up and drop-off times in the morning and afternoon. The congestion associated with the school creates traffic along the entire Black Cat corridor between Franklin and Cherry and significantly impedes the intersections of Aviator and Black Cat and Black Cat and Franklin during the peak times noted above. Staff notes that applications for the site to the east are likely forthcoming which would connect Aviator from Black Cat to N. San Marco Way within the Entrata Farms Subdivision to the southeast. This east-west connection would create the needed secondary access for Fire as well as provide a different connection to Franklin Road for this area. To help mitigate this issue as well as the overall phasing element of the site, Staff is recommending conditions of approval around the phasing of the project in relation to the construction of W. Aviator Street. If the project is revised per Staffs recommended conditions of approval,Staff finds the project to be generally consistent with the Comprehensive Plan. Specific general comprehensive plan policies are analyzed below. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use and development 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) The proposed development contains multiple types of housing units (multi family, attached single- family, townhouse, and detached single-family) that will contribute to the variety of residential categories in the Ten Mile area as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer 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) Four(4)housing types are proposed in this development, as noted above, which contributes to the variety of housing types in this area. The Applicant is proposing 16 units to front on green space and provide for an alley loaded product while the remaining 23 units are front-loaded. In addition, the Applicant is proposing 9 multi family buildings that contain 4-units each. The proposed development Page 6 Page 175 Item#6. provides a number of housing types within one concentrated area and within the Ten Mile area as a whole. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential dwellings and site design should be compatible with existing and planned development on adjacent properties that are also designated for MHDR uses. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities." (2.02.01A) The proposed plat depicts a large amount of usable common open space along the entire north and east property boundaries due to the requirement to reserve a 100 foot wide irrigation easement for the rerouted Purdam Gulch Drain. Because of irrigation district standards, no amenities are proposed in this area but it should provide for a large open area for residents to utilize for recreation and activity. The Applicant is also proposing other open space within the site that contains children play equipment and pathways.All of the sidewalks proposed within the site are detached from the roadways, which provides for safer pedestrian connectivity throughout the site. There is ample connectivity from the site to the detached sidewalk along the extension of Aviator Street. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are proposed to be provided to and though this development in accord with current City plans. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. In addition to the general Comprehensive Plan,the following sections of the Ten Mile Interchange Specific Area Plan(TMISAP) should also be used to analyze the project(Staff analysis is in italics): Street Network(3-17): The Transportation System Map included in the TMISAP depicts a towncenter collector street planned on this site that continues to the east through an adjacent site. The Applicant is proposing to extend W. Aviator, the collector street,from its current location to the east property boundary.According to the submitted plat, the Applicant is showing a small portion of this road extension on a property to the south that is not part of this application and is not annexed into the City of Meridian. It is not typical of road extensions to utilize area not on the subject property but it allows the Applicant to have more usable land area that is significantly reduced due to the existence of the Purdam Gulch Drain and its 100 foot wide easement. To ensure the proposed road layout is adhered to, Staff is recommending the Applicant provide a copy of a formal agreement between land owners that allows this Applicant to utilize a portion of the adjacent property for the Aviator extension; this agreement should be presented to staffprior to the City Council meeting. If the Applicant cannot reach an agreement with the adjacent property owner, the submitted plat will have to be revised in order for the Applicant to make those revisions with the requirement of extending Aviator wholly on the subject site. Further analysis of the Aviator extension is below in the Access section, including analysis on the ACHD staff report. A final plat for this project will not be Page 7 Page 176 Item#6. accepted until an agreement has been formalized and the right-of way is dedicated to allow the construction of the off-site portion of Aviator Street. Connectivity(3-17): Connectivity to adjacent parcels is proposed by extending W.Aviator through the site. Because of the railroad corridor along the north boundary and the requirement to cross the Purdam Drain at least once, there is limited opportunity for other points of vehicular connectivity. Furthermore, there is also no stub street or pedestrian connection along the west boundary to Hensley Station. Therefore,Aviator Street and the proposed detached sidewalks throughout the site provide the needed connectivity between existing and planned sites. Access Control(3-17): In order to move traffic efficiently through the Ten Mile area, direct access via arterial streets is prohibited except for collector street connections. The subject site has no arterial access except via W.Aviator Street, a collector street. The project complies with this policy. Complete Streets(3-19): The TMISAP incorporates the concept of"complete streets,"meaning all streets should be designed to serve all users,including bicycles and pedestrians unless prohibited by law or where the costs are excessive or where there's clearly no need. The proposed development includes detached sidewalks and parkways throughout the entire site for pedestrian use and on-street parking along the new local street. W.Aviator, the collector street, is required to be constructed with two lanes of travel and on-street bicycle lanes which helps create a network of complete streets. Streetscape(3-25): All streets should include street trees within the right-of-way. The proposed development incorporates tree-lined streets with detached sidewalks throughout the site. DESIGN: Street-Oriented Design—Residential Buildings(3-33): Usable porches should be a dominant element of these building types. Porches should be located along at least 30%of the front fagade of the buildings (the facade facing the primary street) although a higher percentage is recommended as is porches on one or more facades as well. When possible, garages should be loaded from a rear alleyway. Where garages must be accessed from the front,the garages must be located no less than 20' behind the primary fagade of the residential structure. The proposed alley-loaded units (taking access from a public, minor urban-local street) have porches along the street frontage or face green space entirely(i.e. Lots 7-13, Block 2); all of the remaining front- loaded townhomes have a garage dominated fa(ade facing the internal local street. As discussed above, the front-loaded garages are not located 20'behind the primary fapade of the structure and do not comply with the approved conceptual elevations and floor plans in the DA. However, with the noted site constraints and the current lot configuration,full compliance with the garage setback requirement may not be possible—the lots would need to be widened and the number of units would need to be reduced to comply. The revised elevations now show the garage being 16 feet behind the living area and Staff rinds this to be an acceptable compromise between the Ten Mile Plan, city code, and the Applicant. This design change allows the Applicant to place the living area closer to the street and maximize the porches as the dominant feature along the streets.However,Staff notes that the R- 15 zoning district will not allow the footings of the front porches any closer than 10 feet behind the detached sidewalk because this is the minimum front setback—in this way, city code does not perfectly align with the desired outcomes of the Ten Mile Plan and this standard but the revisions should add to overall liviablity and aesthetic of the development. losing addXonal loAq&not viable under the terms of the aMpo+wd A4 unless the A4 &amended-. with this rvquhrement while maiwaining a gmss density of at least 8 units per aer&, an aher-natefloor plan and re+4sed elevadons in eompUanee with the meorded A4 should be submided in aeeord with Page 8 Page 177 Item#6. NOTE: The proposed 4 plex multi family buildings are not required to comply with this provision as they are not proposed with any garages. Buildings to Scale(3-34): The key elements to consider are the continuity of building sizes,how the street-level and upper-level architectural detailing is treated, elements that anchor and emphasize pedestrian scale,roof forms,rhythm of windows and doors,and general relationship of buildings to public spaces such as streets,plazas, other open space and public parking. Human-scale design is critical to the success of built places for pedestrians. Staff believes the proposed 2-story homes demonstrate continuity of building sizes within the development. However, the street level and upper level architectural detailing does not appear to correspond with each other to unify the design and do not provide for enough modulation in wall plan nor roof height. Further, the Applicant could add decks to the second level that are closer to the street to help comply with the street-oriented design provision. The use of stone along the first story facades closest to the tree-lined streets help anchor and emphasize the pedestrian scale of the development as desired. Neighborhood Design(3-36): In the Ten Mile area,all residential neighborhoods should be developed in consideration of traditional neighborhood design principles and concepts,which include mixed housing stock, architecture and design, streetscapes and streets.A mix of housing stock is proposed consisting of single family attached, townhomes, two single-family detached dwellings, and multi family 4 plexes which contribute to the diversity of housing stock desired in this area. The public street proposed within this development loops through the site and has a minor urban local street connecting the two streets that will function as an alley. Therefore, the proposed block lengths are relatively short and provide for ample pedestrian connectivity. The proposed parkways add to the project's consistency with the neighborhood design element of the Ten Mile Plan. As noted above,if the project is revised per Staffs recommendations,Staff finds the project to be generally consistent with the Ten Mile Interchange Specific Area Plan.In general, Staff finds the project to be generally consistent with the City of Meridian Comprehensive Plan,per Staffs recommended revisions. B. PRELIMINARY PLAT(PP) The proposed preliminary plat consists of 48 building lots(6 single family attached lots, 31 townhome lots, 2 detached single-family, and 9 multi-family lots), 8 common lots, and 1 other lot on 9.8 acres of land in the R-15 zoning district. The minimum lot size proposed is 2,050 square feet and the plat is currently proposed to develop in one phase. However,the phasing of building construction will likely occur east to west,per the Applicant, in order to allow the development of properties to the east that would further extend Aviator Street and allow the Applicant to construct the single-family portion of the project without fire sprinklers. Staff has included a condition of approval surrounding the timing of development in coordination with Meridian Fire Department. Existing Structures/Site Improvements: There are no existing structures on this site,the site is vacant/undeveloped. Dimensional Standards (UDC 11-2): The proposed subdivision and subsequent development are required to comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. Staff has reviewed the proposed plat and it complies with these standards. Zero lot lines should be depicted on the plat where single-family attached and townhome structures are proposed. Access(UDC 11-3A-3): Access for the project is from two new local street connections to W.Aviator Street, a collector street the Applicant is required to extend into the site and stub to the east boundary;Aviator is the projects only connection to an arterial(Black Cat). Vehicular access for the single-family portion of the project is via construction of a new local street that loops through the site. In addition, access to the multi-family Page 9 Page 178 Item#6. portion of the project is via two 25-foot wide drive aisle connections to the eastern local street. ACHD has approved all of the ingress and egress points and their offsets. ACHD has noted the proposed design of Aviator Street does not meet district policy and should be revised the Applicant will need to revise the street section to be 1-foot wider and include detached sidewalk on both sides of the street. Access to the"alley-loaded"units that front on the collector street buffer and internal green space of the site are via a 28-foot wide minor urban local street, according to the latest plat submitted. It appears that ACHD reviewed this street section on a previous version of the plan where the street was 24 feet wide instead; Staff and the Applicant will verify with ACHD the proposed road width still complies with ACHD standards. There is no secondary access to the site because Aviator will still be a dead-end street after its extension with this project. As noted above, the Fire Department requires a secondary access for each access that has more than 30 units taking access from it(Hensley Station to the west takes up the 30+ units already). Thus, the construction phasing of the project plays a role in how Staff must address this issue as all of the structures will need to be sprinklered if the single-family is constructed first(the multi family is required to be sprinklered). There is an anticipation of a project being constructed on the property to the east that would extend Aviator to their east boundary and connect to an existing stub street in Entrata Farms and provide for the required means of secondary access in the future. To date, the City has not received an official application for that property. Therefore, this project must comply with all Fire Department requirements. The Applicant has stated their plan is to extend Aviator into the site to the point of no more than 150 feet past the eastern local street connection to avoid the need of a temporary turnaround(the local street within the project would be constructed at the same time). This complies with the technical requirements of the UDC and Fire code but is not consistent with general practice of requiring public streets to be extended to-and-through sites with the first phase of development(prior to or in timing with the first buildings being constructed). However, the Applicant is continuing to work with ACHD on a plan to construct Aviator as noted and road trust for the remaining portion so it can be extended with any future road project that occurs on the parcel to the east. Staff is supportive of this option as the road would be a dead-end street and constructing a temporary turnaround would be both wasteful of space and would need to be located on top of the Purdam Drain which could further hinder the Applicant's ability to develop the site due to complications with the irrigation district. In conversations,ACHD has noted an openness to this option but did not include it in their staff report specifically. So, Staff has included a condition of approval to encompass both potential outcomes of the Aviator Street extension. Pathways(UDC 11-3A-8): There are no pathways depicted on the Pathways Master Plan for this property. However, Staff believes the Applicant should work with the irrigation district to install a micro-path through the large open space lot containing the Purdam Drain. The addition of a meandering 5-foot wide pathway in this open space lot could connect in multiple places throughout the site and allow for a pedestrian connection near the northeast corner of the property for future pedestrian connectivity to that parcel. The exact location of this connection should not be set in stone and should instead be coordinated with the adjacent land owner once a more solid plan is known for that parcel. Sidewalks(UDC 11-3A-17): Detached sidewalks are proposed along the internal local street that loops through the site(shown as N. Duplicate Avenue, W. Topeka Street, and N. Stronghold Avenue)with 8-foot parkways throughout. In addition,the Applicant is showing a 5-foot wide detached sidewalk on the north side and a 5-foot wide attached sidewalk on the south side of the W. Aviator Street extension. This does not meet ACHD nor UDC standards for sidewalks along collector streets. Therefore,the Applicant is required to construct 5- foot wide detached sidewalks along both sides of the Aviator Street extension. The Applicant is proposing 5-foot wide sidewalks within the multi-family portion of the project that connect to the local Page 10 Page 179 Item#6. street sidewalks. Overall, the proposed sidewalk network for this development meets and exceeds UDC requirements except for those noted along Aviator. Parkways (UDC 11-3A-17): 8-foot wide parkways with street trees are shown along both sides of the proposed local street that loops through the site. All parkways within the site adjacent to detached sidewalks shall be landscaped per the standards listed in UDC 11-313-7C.With the future final plat application,the Applicant should add data to the plan to demonstrate compliance with these standards. Landscaping(UDC 11-3B): A 20-foot wide street buffer is required along the extension of W. Aviator Street(measured from back of curb), landscaped per the standards in UDC Table 11-3B-7C. A 20-foot wide common lot is shown on the north side of Aviator on the submitted plat in accord with UDC standards. The common lot along the south side of Aviator that is on the property is wider than 20 feet but is shown with an attached sidewalk instead of a detached sidewalk. Further,there are no trees shown on the south side of Aviator as required by the UDC. Per the plat condition noted, the Applicant should revise the landscape plan to show the required buffer trees on the south side of the Aviator extension. Note,the alignment of Aviator street along the southern boundary allows for a buffer area that is wider than code requirements as a segment of the street does not lay within the subject site. Therefore,the submitted landscape plan shows a buffer on the north side of Aviator as approximately 30 feet wide, measured from the back of curb to the building lot lines with the required trees at the edge of the property. According to the submitted landscape plan, some trees are included in the common open space areas due to the parkway trees along the local street. Staff is recommending an additional tree be placed in the center of the open space lot within the single-family portion of the project(Lot 6,Block 2)to add an area of shade in the center of this open space lot. Staff has excluded the open space area that has the Purdam Drain irrigation easement within this calculation as the irrigation district does not generally allow trees within their easement. However,Staff recommends the Applicant coordinate with the irrigation district to see if some trees could be placed strategically in order to provide some areas of shade in this area closest to the buildings, so this area could count towards qualified open space. In addition to the proposed open space areas,the Applicant is platting a common lot along the west boundary that contains a private drainage lot developed for the charter school across the street,the previous land owner. This drainage area has been in place for years coinciding with the development of the school.The plat should address who is responsible for maintaining this drainage and open space area; Staff has included a condition of approval regarding this. Qualified Open Space& Site Amenities(UDC 11-3G): The area of the preliminary plat is 9.8 acres within the R-15 zoning district.According to the standards listed in UDC 11-3G-3, a minimum of 15%qualified open space should be provided. However,the applicability section of this code would only apply to the single-family portion of the project and not the entire site overall because a portion of the project is proposed with multi-family residential and is subject to specific use standards(UDC 11-4-3-27).NOTE: The Applicant has stated that all of the open space within the development will be shared and Staff finds the amount of open space is more than sufficient for the project. However,for the purpose of calculating the minimum amount of open space required, Staff has split the project into two areas, one for the single-family and one for multi-family. The single-family area is approximately 5 acres in size and the multi family area is approximately 4.8 acres in size (total property size is 9.8 acres). Therefore, the minimum amount of qualified open space required to meet UDC 11-3G-3 for the single-family portion of the site is 0.75 acres, or approximately 32,700 square feet. The minimum amount of qualified open space that is needed to satisfy the multi- Page 11 Page 180 Item#6. family specific use standards (UDC 11-4-3-27) is an amount per unit based on the size of the units—the provision in this section of code to require a minimum 10%in addition to the per unit amount is not applicable as the multi family area of the site is not greater than five(5) acres. According to the Applicant, each unit will be approximately 1,500 square feet requiring 350 square feet per unit of qualified common open space. Therefore, with 36 units proposed, the minimum amount of qualified common open space for the multi family development is 12,600 square feet. So, in total, the amount of open space provided should be at least 45,300 square feet, or 1.04 acres. According to the submitted plans, the Applicant is proposing approximately 155,200 square feet(3.56 acres) of common open space within common lots (not all of this is qualified). However, this area is still not fully accurate as some of the Purdam Drain easement area is located on buildable lots and the open space calculation does not include the parkways that are qualifying open space. This shows the actual open space area is even greater.If only the two central open space lots, the Purdam Drain common lot (excluding the area on the buildable lots), and the common lot in the southeast corner of the site is taken into account, the amount of qualified open space is approximately 2.5 acres. Therefore, the proposed open space vastly exceeds the minimum amount required by code for both the single-family and the multi family portions of the project. Based on the size of the single-family area of the plat, one(1)point of site amenity is required to meet UDC 11-3G-3 standards. According to the submitted plans,the Applicant has not provided an amenity to satisfy these requirements. The Applicant should revise the landscape plans to include an amenity worth at least one amenity point within the single-family area of the project(i.e. a picnic area). The amenity analysis for the multi-family portion of the development is provided below. Fencing(UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. It is unclear if any fencing is proposed for this project. Staff will verify compliance with UDC standards with the future Final Plat application. Parking: On-site parking for each unit is required per the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. Two car garages with two (2)parking pads per unit are shown on the proposed plans in accord with UDC standards for up to 4-bedroom homes. A number of on-street parking spaces are also available due to the design of the project. Parking for the multi-family residential component is required at specific ratios according to UDC Table 11-3C-6 based on the number of bedrooms per unit. According to the Applicant, each unit contains 2 bedrooms which requires which requires 72 off-street parking spaces for 36 units(at least 36 must be covered or garage parking)per UDC Table 11-3C-6. In addition, code requires 1 guest space for every 10 units so an additional 4 spaces (rounded up from 3.6) are required bringing the total to 76 off-street parking spaces.According to the meted revised CUP Site plan,the Applicant is proposing 72-79 total parking stalls,2 per- „it,and 4 is not eleaf if any are eover-ed spaees as r-equir-ed-with 41 of these stalls shown as being covered by cnorts. Therefore,the Applicant is P.Ot now complying with the minimum off-street parking standards for multi-family residential units. Based on the submitted site plan and number-of units, Staff r-eeommends some of the units eentain 1 bedroom tmits to help r-edaee the ametint of paFking r-equifvd(1.5 spaees per-unit instead of 2 spaees). Fw4het:mer-e,the site plan shows a few afeas whefe additional off street pafkiag spaees may be added. Lastly, as noted above,the leeal stfeet within the site will allow on street par-k4ag along the entire no and east side of the stfeet exeept for-the areas of the multi family dr-ive aisle. if the Applieant eannot find the spaee within the multi family aFea to pr-ovide the required number-of off street par-king spnees,the Appliennt eould apply for-After-native Complinnee to pFopose alter-native pa solutions (i.e. on street par-king in vast exeess of mi ir-ements) but Staff notes that this is not guaranteed for-approval by the Dir-eetor-. Page 12 Page 181 Item#6. Waterways: The Purdam Gulch Drain,an NMID facility,bisects the property from the southeast corner to the northwest corner of the site and requires a 100-foot wide easement,wholly on this property. The drain is proposed to be piped and rerouted with this development in a common lot that runs along the entire east and north property boundaries. ^eeer-d ag to the s4 mit4oa pW at least half of the easemeftt afea is en some of the mttlfi family building lots whieh does not eemply with e Per UDC 11-3A-6, no more than 10 feet of the irrigation easement shall be located on a buildable lot. So,the Applicant Chas revised the plat to reduce the multi-family building lots so that no more than 10 feet of the Purdam easement is located on those lots(Lots 1-7,Block 4). Any encroachment within this easement will require a License Agreement with NMID. An exclusive NMID access easement will be required and the HOA will be responsible for maintenance of this lot. The common lot appears to show grass to help prevent weeds; the Applicant should verify if this is allowed by NMID.If it is not allowed, the Applicant should obtain a letter to that affect from NMID;should this area not be allowed to contain grasses, it may not qualify towards the open space calculation. 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 VIII.B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-I5): An underground pressurized irrigation(PI) system is required to be provided for the development as set forth as set forth in UDC 11-3A-15. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual) (TMISAP Conceptual building elevations were submitted for the proposed 2-story townhome structures and the multi-family 4-plex buildings as shown in Section VII.F; conceptual elevations for the single-family attached units and the two detached units were not submitted. See additional analysis in the Comprehensive Plan section above (Section V.A). The conceptual building elevations for the townhomes do not list specific materials but appear to show a combination of stone and stucco field materials. The conceptual elevations for the 4-plex units depict varying designs of board&batten siding with stone accents. As noted above in Section V.A, the Applicant made changes to the front-loaded townhome units in order to better comply with the Ten Mile Plan. In addition to those r-eeemmeadations changes, Staff is also recommending the Applicant provide modulation in the building placement for the townhome buildings, especially those along the west boundary,to ensure the building wall-plane is not a monotonous wall of garages. Final design is required to comply with the design standards listed in the Architectural Standards Manual and the design guidelines in the TMISAP as stated herein. Submittal and approval of an Administrative Design Review application is required prior to submittal of building permit application(s). C. CONDITIONAL USE PERMIT(CUP)— 11-4-3-27.-Multi-family development. A. Purpose. 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections,easy pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. Page 13 Page 182 Item#6. 2. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. a. To create quality buildings and designs for multi-family development that enhance the visual character of the community. b. To create building and site design in multi-family development that is sensitive to and well- integrated with the surrounding neighborhood. c. To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site design. 1. Buildings shall provide a minimum setback of ten (10) feet 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. Based on the rya revised CUP Site Plan, it k une' ar if this requirement is met. beeau.,e Staff.,,,not 'e"if w t is mufti family residendal pai4 of the site prior to the City Couneil hearing to ensum eomphanee with this standapit 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 Applicant shall comply with this standard. 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 accessways shall not count toward this requirement. In 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 submitted elevations do not clearly depict compliance with this standard and no floor plans were submitted as an additional means of verification. Staff will verify compliance with this requirement with the future Certificate of Zoning Compliance (CZQ application; the Applicant is required to comply with this requirement or obtain Alternative Compliance, as noted. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. None of these areas were used towards the common open space calculation. 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 adhere to this standard. 6. The parking shall meet the requirements set forth in chapter 3,"regulations applying to all districts", of this title. See the parking section in the general analysis above. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. Page 14 Page 183 Item#6. d. A directory and map of the development at an entrance or convenient location for those entering the development. The Applicant is proposing more than 20 units (36 units) so the Applicant is required to comply with these standards. The subne revised CUP Site Plan does not aMear to now shows a the required property management office or and a maintenance storage area. Staff is less concerned with the mailbox and directory map location as these items can be easily verified with the future CZC application. , the Applieant should mvise the site plan to show the managenten C. Common open space design requirements. 1. The total baseline land area of all qualified common open space shall equal or exceed ten (10) percent of the gross land area for multi-family developments of five (5) acres or more. The multi- family area is less than 5 acres in size so this portion of the code is not applicable on this project. In general, the Applicant is proposing open space for the entire development well in excess of code requirements due to the open space area that is the Purdam Gulch Drain easement area. See the open space section above for more specific analysis. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development,accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development. Stafffinds the proposed open space complies with these standards by providing open space that is well connected, highly visible, and promotes health and well-being by supporting a range of leisure and play activities. 3. All multi-family projects over twenty(20)units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total.Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway,are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand (5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision- making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. Page 15 Page 184 Item#6. b. Alternative compliance is available for these standards, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas. The submitted plans depict compliance with this standard in multiple places throughout the site. 4. In addition to the baseline open space requirement, 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. 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. C. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. See the common open space analysis above in V.B. 5. 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(20) feet.Applicant complies. 6. 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. N/A 7. 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(4)feet in height,with breaks in the berm or barrier to allow for pedestrian access. The Purdam Drain open space lot has access to W.Aviator Street, a collector street, because the street must cross the drain in order to stub to the east property boundary.Due to the large area of this lot, its excellent accessibility, and the proposed landscaping along Aviator, Staff finds it applicable to allow this common open space area to count without constructing a berm along the street. Commission and Council may require this if they see fit. D. Site development amenities. 1. All multifamily 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. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage b. Open space. (1) Community garden. Page 16 Page 185 Item#6. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation. (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of multifamily development as follows: a. For multifamily developments with less than twenty (20) units, two (2) amenities shall be provided from two (2) separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided,with one(1)from each category. c. For multifamily development with seventy-five (75)units or more, four(4)amenities shall be provided,with at least one(1) from each category. d. For multifamily developments with more than one hundred(100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. 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. For the 36 multi family units proposed, a minimum of three(3) amenities should be provided to satisfy the specific use standards.Aeeording to the subinittedplans-, ofte(1)quakfying amenity 1-5 • • Pr4or to the City Gouned heating-, the AppUeant should msise applieable plans to Show above is ineluded in the . Accordinz to the revised CUP Site Plan, the Applicant is proposinm picnic tables with a mazebo, children's play structures, and a fenced doz park with a waste station in the central open space lot of the multi-family area. Therefore,the Applicant now complies with these specific use standards. 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(3)feet wide. Page 17 Page 186 Item#6. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24) inches shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. Applicant shall show compliance with this standard for the buildings facing any public street with the future CZC application. F. Maintenance and ownership responsibilities. All multifamily 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.Applicant shall comply. (Ord. 05-1170, 8-30-2005, off. 9-15-2005; Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009; Ord. 16-1672, 2- 16-2016; Ord. 18-1773,4-24-2018; Ord. 19-1833, 7-9-2019, Ord. No. 21-1950, § 19, 10-10-2021). VI. DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat and Conditional Use Permit per the provisions included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on March 3,2022. At the public hearing,the Commission moved to recommend approval of the subject Preliminary Plat and Conditional Use Permit requests. I. Summary of Commission public hearing_ a. In favor: Jadon Schneider,Applicant Representative; b. In opposition:None c. Commenting: Jadon Schneider d. Written testimony: 4 pieces of testimony in opposition of the project design with requests to keep the Purdam Drain open instead of piped; 1 piece of testimony in support of the project and extension of Aviator from adjacent developer(property to the east . e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Ke. ids)of public testimony a. None 3. Key issues)of discussion by Commission: a. What kind of changes are Staff looking for to better comply with the Ten Mile Plan and will those affect the overall project la, b. History of the existing attached sidewalk along Aviator Street versus the requirement for detached sidewalk required with this project; c. Potential of any outstanding issues between Commission and Council and if project should be continued out; d. Applicant's proposed phasing of the Aviator extension in relation to future development to the east; 4. Commission change(s)to Staff recommendation: a. None beyond what was discussed at the hearing due to clarification by the Applicant and Staff regarding the number of units proposed(strike condition 12.a). 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 18 Page 187 Item#6. C. The Meridian City Council heard these items on April 5,2022. At the public hearing.the Council moved to approve the subject Preliminary Plat and Conditional Use Permit requests. 1. Summary of the City Council public hearing: a. In favor: Jadon Schneider,Applicant Representative: Larry Jacobson.Developer. b. In opposition: None c. Commenting: Jadon Schneider d. Written testimony.None since Commission e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application: Bill Nary, City Attorney: Joe Bongiomo. City Fire Marshal: Kristy Inselman(ACHDI. 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Future development timing of residential and Purdam Drain piping on subject project; Anticipated timing of surrounding properties and the Planned road layout for Aviator Street and any future connections to Franklin Road east of COMPASS Charter: Reason for project including multi-family and whether Council has authority_ with a plat (property is already entitled with R-15 zoning,)to deny proposed uses: Requirement for fire sprinklers associated with the project timing: Timing of public road improvements in the near vicinity: Council's purview of permit limitations tied to adjacent development or property or access: 4. City Council change(s)to Commission recommendation: a. Add a new condition requiring that no building permits for the residential units shall be issued until a secondary public road access is available to the site. Page 19 Page 188 Item#6. VII. EXHIBITS A. Preliminary Plat Legal Description Description for Aviation Subdivision January 12,2022 A portion of the West 1/2 of the Southwest 1/4 of Section 10,Township 3 North,Range 1 West of the Boise-Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15,and 16,Township 3 North,Range 1 West,Boise-Meridian,from which the 1/4 corner common to said Sections 9 and 10 bears North 0°38'55"East,2653.02 feet;thence on the west boundary line of said Section 10,North 0°38'55" East, 1621.66 feet to the south boundary line of the railroad right-of- way;thence on said south boundary line,South 88'26'12"East,495.23 feet to the REAL POINT OF BEGINNING; thence continuing South 88'26'12"East,824.15 feet to the east boundary line of the West 1/2 of the Southwest 114 of said Section 10; thence on said east boundary line,South 0°36'35"West,514.83 feet; thence leaving said east boundary line,North 89'15'50"West,824.04 feet to the Southeast corner of Hensley Station Subdivision No. 1 as filed Book 120 of Plats at Pages 18786 through 18789,records of Ada County,Idaho; thence on the east boundary line of said Hensley Station Subdivision No. 1 and Hensley Station Subdivision No.2 as filed in Book 121 of Plats at Pages 19058 through 19060,records of Ada County,Idaho,North 0°36'35"East,526.73 feet to the REAL POINT OF BEGINNING. Containing 9.852 acres,more or less. End of Description. pNpl LAND / \1\rF NsF sG 11779 N�f 72�vp�0 0� TF OF Oytif. M cC p. Page 1 of 1 Page 20 Page 189 Item#6. 9 10 N SCALE: 1"=150' i(7 ' 0 75 150 300 10 I� .I 1 UNION PACIFIC REAL POINT RAILROAD OF BEGINNING 588'26'12"E 58826'12"E 824.15' 495.23' I HENSLEY m a STATION j cD i4 SUBDIVISION w t9.852 ACRES Z O N0. 2 rri In M E m Nr4 o a O LoI� r'7 m a HENSLEY STATION z i SUBDIVISION N0. 1 I W. AVIATOR ST. N89'15'50"W 824.04' 0 � I �I YI I I U I J m Z I 1 I o�NL LAND ENSE S 4^ l L 11779 `p/Z/Zo27rn 9 10 [100 of: k0" V 16 15 RZ McCAN`� JOB NO. IDAHO EXHIBIT DRAWING FOR 20-347 SURVEY 9955weMERaLosT. AVIATION SUBDIVISION SHOT" SO SE,IOAHC WN Imes eas�asm GROUP, LLC A PORTON CC THE WI/2 OF THE SWI/4 OF SECTION 10. OWG.DATE T.M.RAW.,B.M.,CITY OF MERIBAIN,ADA COUNTY.IOAHO 1/12/2022 Page 21 Page 190 Item#6. B. Preliminary Plat(dated: March 14,2022) �- PRELIMINARY PLAT `€ Ew . FOR —X AVIATION SUBDIVISION LOCATED IN THE W Of THE SW% SECTION 10 T.3N.,RAW.,B.M., mNO .so. ADA COUNTY,IDAHO m � DECEMIJER 2021 'Z, e+ua s*ie�:.r,ael,u�roe, 1�xor® N d _ - _ "-<w..«,.r 0mcie ,ni ' • , �, GI I it PI I GI l/Y O Z TOTAL� 6e 9.81 I ' e I I , __ __ __ __ ___ __ 7� II I'4nnta LI � — -+ I '�I♦- un ovw�v Ls �_l� .eply s a.i amuc �• � �� wxti`t — 9 vw��.ror.Y . ••m nE W nwm xtv �n,.R ra as oFn:wn�ma�wa.`mnx w .� nmee.T..,n.r ei[eem sn=wnrt axrvx«. l Y m e:w•axn«irneo w n<•,�wi - uwnc xx„rv•o.w.•r wo�umrc ,f� Page 22 Page 191 Item#6. uupu—IFF-14Lrar I 1 � r I ilr1�f ! 9 � Irl ry Ffri3LEY'pRaPERi1E5 LLt pI ! f �wa[x l? ...I 7 li �� 1`'I 11 1 L 5 5>u J� • � i ��r � I y11V41- _` al I � i I RI :o:� I �! I �_I I KDIXS 1 I ' rrn,cry o.ner. Ri—rY oaren MHM tn]0 r'6rnvy J.ner. a0M bEHNRES LLC Ca-35 rtiA]C CH+FIER 5CMD:X IMC Page 23 Page 192 C. Landscape Plan(date: 9/03/2020 December 2021) SITE NOTES LANDSCAPING INFORMATION - C r REL C) FO9'J215 TRTF F A'1-11,:FTT,11 rONIFFR T-F F n ITHC]-T., O ........... I zm Page 24 ?..'li'�,� 4_ ..- _. ♦' .--. �+,.. ��{gyp ,. . .--"-1.- r�"•,.�'? __y , .i�'LL� _S""�4^"�I.i t�t �;'•H.'ia .. s,4�:4'�MIY�nrs4��y�Li+r,�C;` — - y� S Page 25 Item#6. D. CUP Site Plan(March 14.20221— N BLOCK 6 IRR— -1 I � � T I� I I� BLo- • r � _ — I IRR IN IM* I '�11 BLOCK3\ \\\ \\s \\ '• 9°�� vP V � � 6 7 Page 26 Page 195 Item#6. E. Open Space Exhibit SITE OPEN SPACE N Le € € I r 1 I a ,I 1 1 — 311 I f I 1 r C4 Page 27 Page 196 Item#6. F. Conceptual Building Elevations and floor plans(dated: March 2022) (NOT APPROVED) MLI a]00 �0 00 IUD AVIATION PARK FRONT ELEVATION A -- ------------ -------- ------- ------------ -- HH HH HE HE 00 00 00 00 AVIATION PARK FRONT ELEVATION B Page 28 Page 197 Item#6. ----------- - CPATgo PATq CPAW H EN G KIT HEN FiF. KIT EN FAMILY I FAMILY FAMILY I FAMILY 11 DINING DINING DINING DINING RAGE F y GARAGE GARAGE GARAGE c' ) OFFICE m OFFICE OFFICE OFFICE R q I coVEHEo I b I COVERED cwEPEo I CCVEPEO III PORtlI II . I ppRCH PORd1 II IL PORCH I Ll— __----___JJ AVIATION PARK MAIN FLOOR PLAN 856 SO.FT.(EACH UNIT) 00 00 BATH ® ® BATH BATH ® ® BATH MASTER ® ® MASTER MASTER MASTER® ® I I I I I I I I I I I I I I I I I I I I I I I ❑ PMTH ❑ ❑i LOFT LOFT LOFT LOFT ®BATH O ® ®BATH O O BATH® 3 BEDROOM § BEDROOM BEDROOM BEDROOM AVIATION PARK UPPER FLOOR PLAN 1148 SO.FT.(EACH UNIT) Page 29 Page 198 Item#6. Lo I LIT Ell ------------- ------- ------------ ------------7--------------------------- UMT"13"1 UNIT"A"1 - F—eatevsrion-fifer.^c•• UNI.r"A"1- UNIT"B„2 a;ept Ef-v .-Her."c' Page 30 Page 199 Item#6. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Preliminary Plat(PP): 1. The Applicant shall adhere to all previous conditions of approval associated with this site (H-2020- 0111,Aviator Sub. CPAM,MDA,RZ; DA Inst. #2021-067235). 2. In accord with Fire Code,the Applicant shall construct all dwellings within this site with fire sprinklers unless a means of Fire Department approved secondary access can be obtained through adjacent sites. 3. Per City Council,no residential building permits shall be issued for the subject site until a means of secondary public road access is available to the site and approved by the Planning Division and Meridian Fire. 4. Prior to the acceptance of any Final Plat application by the Planning Division, the Applicant shall provide proof that the required right-of-way for the extension of W. Aviator Street has been deeded to ACHD as proof the shown location has been accepted by all parties(including the adjacent property owner, Parcel# S1210336450). 5. Applicant shall continue working with ACHD on the extension of W.Aviator Street—the Applicant shall extend W. Aviator to the east property boundary OR construct it to terminate no greater than 150 feet east of the proposed local street(shown as N. Stronghold Avenue)and provide a road trust to ACHD for the remaining portion of Aviator. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and those listed in the specific use standards for multi- family development,UDC 11-4-3-27. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Future development shall comply with UDC 11-3A-7 and UDC 11-3A-6 for any future fencing constructed within the development. 9. The Applicant shall obtain Administrative Design Review approval for the single-family attached units and townhome units prior to building permit submittal. 10. The Applicant shall obtain Certificate of Zoning Compliance and Administrative Design Review approval for the multi-family development prior to building permit submittal. 11. The Applicant shall record a maintenance agreement for the multi-family development that states the maintenance and the ownership responsibilities for the management of the development, including, but not limited to, structures,parking,common areas, and other development features,in accord with UDC 11-4-3-27. 12. 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. 13. The submitted preliminary plat, dated FebFuat=y March 14, 2022, is approved as shown in Exhibit VII.B. : Ell hearing neted: a. Revise the plat to inelude 4 least one (1) additional dwelling tmit to meet the Fnifliffl-um density (MHDR� Page 31 Page 200 Item#6. e. Show 5 �qetwide detaehed sidewalks along both sides of the W. Aviator-St+eet e*teflsiefl. d. Revise the-plat to show a r-e"etiea in the ffmiti family building let sizes (Lets 1 7, Bleek 4) so tha4 no more than 10 feet of the Ptwdam Gedleh Dr-ain easement is leeated on those lots,per-UPG !1 3A 6, OR request a City Council waiver to allow more of the easement to eneroaeh on building iots if NMID allows it. dr-ain field i,.eated on Lot i Bleek ti 14. The submitted landscape plan, dated December 2021, shall be revised prior to the first final plat submittal,t m'ess et e.., ise Roted: a. Work with Nampa Meridian Irrigation District(NMID)to install a 5-foot wide pathway along the south and west side of the relocated Purdam Gulch Drain to further comply with open space and amenity standards; new pathway should provide a pathway stub to the east boundary and connect to the detached sidewalk along W. Aviator and the detached sidewalk along the internal local street near the north end of the site to create a looped walking path. c. Show the required street buffer trees within the required 20-foot buffer on the south side of the W.Aviator extension. d. Add an additional tree in the center of the open space lot within the single-family portion of the project(Lot 6, Block 2)to add an area of shade in the center of this open space lot. e. Add a picnic area or other amenity worth at least one(1) amenity point in the single-family portion of the project(Lot 6,Block 2)to comply with UDC 11-3G-3 amenity standards. f. Provide verification from NMID the common lot containing the piped and rerouted Purdam Drain can be vegetated with grasses; if it is not allowed,the Applicant should obtain a letter to that affect from NMID (should this area not be allowed to contain grasses,it may not qualify towards the open space calculation). g. Depict the required minimum of 3-feet of landscaping along the base of the multi-family building facades facing all public streets in accord with the multi-family specific use standards. 15. The submitted conceptual elevations for the townhome and single-family attached units are approved with the followiniz standards to be maintained: shall be Fevised as follows at least ten(10) days pr-ie to the City Getineil hearing: a. Applicant shall comply with the design guidelines within the TMISAP. b. -Explore altemate design options to be more eansistent with the street or-iepAed design standards within the Ten Mile Plan while maintaining a gross density of a4 least 8 tmits per-aer-e; an altefaa4e floor-plan and revised elevations sheti4d be submitted in aeeer-d with this pr-Ovisi c. Revise the eleva4iens to eeffespon Ensure the street level and upper level architectural detailing to tmi is unified throughout the design. d. Provide additional modulafien in wall plan and r-eef height vafia4iea. e. Depict varying build-to lines for all of the front-loaded townhomes to ensure modulation in the building massing between and along sets of the townhome buildings. Page 32 Page 201 Item#6. Conditional Use Permit(CUP): 16. The submitted CUP Site Plan, dated Deee er 15, March 14 2022 is approved as shown in Exhibit VILD with the following standard: shall be revised at least 15 days prior-to the City Cou-, a. Revise the site plan to show the management offiee and maintena-mee stafage afea as r-equifed by 10 foot setback between buildings. e. Add at least two (2) additional amenities for the multi family project and elearly depiet t i,,,.ations on the site plat d. Depiet whieh off street parkiag stalls will be eeveredeafpot4sensure compliance with any Public Works easement standards. 17. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 18. A minimum of 80 square feet of private,usable open space shall be provided for each dwelling unit; this requirement can be satisfied through porches,patios, decks and enclosed yards as set forth in UDC 11-4-3-27. 19. 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. 20. The Applicant shall adhere to and maintain all standards as set forth in the Multi-family Development specific use standards,UDC 11-4-3-27. 21. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements, acquire building permits and commence construction within two years as set forth in UDC 11-5B-6F.1; or 2)obtain approval of a time extension as set forth in UDC 11-5B-6F.4. Page 33 Page 202 Item#6. B. PUBLIC WORKS Site Specific Conditions of Approval 1. The water main in West Aviator Street needs to end in a fire hydrant. 2. The water main in West Santa Fe Lane needs to be located on the North side of the centerline. 3. The water main connection to the South needs to be made for a future second connection. 4. Parcel numbers S1210336521 and S1210336450 will need a connection and easement to the water main in West Aviator Street. Coordinate with those parcel owners and/or the future street connection to make these connections as part of this application. 5. Do not locate manholes in sidewalks,because they can become a tripping hazard. Manhole SSMH A.1 does not meet this requirement. 6. Angles of pipes into and out of manholes need to be a 90 degree minimum in the direction of flow. 7. Ensure manholes are not located in gutters to avoid excess water/drainage into the wastewater system. Manholes SSMH C1 and SSMH D1 do not meet this requirement. 8. Manhole SSMH A5 has two outlet pipes,which is not allowed. Each manhole should only have one outlet. SSMH C1 should not connect to this manhole,reconfigure this to remove this connection. 9. Minimum slope for a 10" diameter main is 0.28%, adjust your 10" main accordingly so it meets this minimum. Standard 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 F map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 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 34 Page 203 Item#6. 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. 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. Page 35 Page 204 Item#6. 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.orgublic_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://weblink.meridianciU.org/WebLink/DocView.aspx?id=254129&dbid=0&repo=MeridianCiU D. POLICE DEPARTMENT https:llweblink.meridianciiy.org/WebLink/DocView.aspx?id=249991&dbid=0&repo=Meridian City E. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=251525&dbid=0&r0o=MeridianCitX F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancitE.or /WebLink/Doc View.aspx?id=254120&dbid=0&repo=MeridianCioX G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciLv.orglWebLinkIDocView.aspx?id=254121&dbid=0&repo=MeridianCity H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancioy.org/WebLink/Doc View.aspx?id=254197&dbid=0&repo=MeridianCitX IX. FINDINGS A. 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; Councilfinds that the proposed plat, with Staff's recommendations, is in substantial compliance with the adopted Comprehensive Plan and the specific area plan(Ten Mile Interchange Specific Area 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.) Page 36 Page 205 Item#6. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section V and VIII 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 approved the proposed road layout and connections to adjacent parcels. 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. B. Conditional Use Permit Findings The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the submitted site plan shows compliance with all dimensional and development regulations in the R-I5 zoning district in which it resides except for those noted and required to be revised. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use of multi family residential, in conjunction with the other residential housing types proposed, is in accord with the comprehensive plan designation of Medium-High Density Residential within the Ten Mile Plan and the requirements of this title. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, if all conditions of approval are met. Page 37 Page 206 Item#6. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property 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. Council finds the proposed use will be served adequately by essential public facilities and services if all conditions of approval are met. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Council finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although traffic will slightly increase in the vicinity with the proposed use, the proposed layout offers the best opportunity for safe circulation and provides opportunity to extend a needed east-west collector street for future connectivity. Therefore, Council finds the proposed use will not be detrimental to any persons,property, or the general welfare if all conditions of approval are met. 8. That the proposed use will not result in the destruction,loss or damage of a natural,scenic or historic feature considered to be of major importance. (Ord.05-1170,8-30-2005,eff. 9-15- 2005) Council is not aware of any such features; the proposed use should not result in damage of any such features. Page 38 Page 207 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Friendship Subdivision (H-2021-0083) by Mike Homan, Located Near the Southeast Corner of N. Meridian Rd. and E. Chinden Blvd. Page 208 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,, AND DECISION&ORDER p In the Matter of the Request for Annexation of 10.06 Acres of Land with the R-8 Zoning District and Preliminary Plat to allow 38 building lots and 7 common lots,by Centurion Engineers. Case No(s).H-2021-0083 For the City Council Hearing Date of. April 5,2022 (Findings on April 19,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 15,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 15, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 15, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 15, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 15,2022,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083) - I - Page 209 Item#7. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 15,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083) -2- Page 210 Item#7. to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of February 15,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FRIENDSHIP SUBDIVISION—FILE#H-2021-0083) -3 Page 211 By action of the City Council at its regular meeting held on the 19th day of April 2022 COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-19-2022 Attest: Chris Johnson 4-19-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-19-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FRIENDSHIP SUBDIVISION-FILE#H-2021-0083) -4- EX H I BIT A STAFF REPORTC� fEN DIft N -- COMMUNITY DEVELOPMENT DEPARTMENT a O HEARING 2/15/2022 Legend DATE: Prajec!LacaTian TO: Mayor&City Council FROM: Alan Tiefenbach --- 208-884-5533 SUBJECT: AZ,PP -H-2021-0083 Friendship Subdivision a . LOCATION: 6168 N. Elk Ranch Ln, located near the southeast corner of N. Meridian Rd and E E. Chinden Blvd. EI �m r��Trrrrx I. PROJECT DESCRIPTION Annexation of 10.06 acres of land with the R-8 zoning district and preliminary plat to allow 41 building lots and 7 common lots. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 10.06 Future Land Use Designation Medium Density Residential 8-12 du/acre Existing Land Use(s) 1 single family residence Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 41 building lots,7 open space lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 41 of units) Density(gross&net) 4.1 du/ac gross Open Space(acres,total 1.09 ac qualified open space(10.8%) [%]/buffer/qualified) Amenities One amenity is required,applicant is proposing tot lot, picnic table and benches. Physical Features(waterways, A Settlers Irrigation canal bisects the property at a 45- hazards,flood plain,hillside) degree angle;this is being relocated and piped. Neighborhood meeting date;#of August 6,2021 —5 attendees attendees: Page 1 Page 213 Item#7. Description Details History(previous approvals) This property was proposed for annexation,zoning to R-8 and plat for 48 lots as the Bull Ranch Subdivision in 2015 (AZ 15-013,PP 15-017).This was subsequently denied by the Council with density being cited as a primary concern. B. Community Metrics Description Details Ada County Highway District Report Pending,preliminary comments submitted • Staff report(yes/no) Yes Access(Arterial/Collectors/State N.Elk Ranch Rd is a private road which provides access Hwy/Local)(Existing and Proposed) from W. Chinden Rd to the subject property. Stub Street/Interconnectivity/Cross Subdivision will stub to three local streets—E.Lockhart St. Access to the west,E. Tallinn St to the east,and N. Senita Hills to the south.A fourth stub is provided to the church property at the north. Existing Road Network E.Lockhard St.,N. Senita Hills Ave.and E. Tallinn St. N.Elk Ln to E.Chinden is a private road. Existing Arterial Sidewalks/ This is an internal subdivision surrounded by local roads so Buffers no buffers are required. There are 5 ft.wide sidewalks shown along all internal streets. Proposed Road Improvements Applicant will be required to construct all local streets to ACHD templates with 33 ft.travel lanes and 47 ft.right of way. Fire Service • Distance to Fire Station 1.8 miles to Fire Station 5 • Fire Response Time <5 minutes • Resource Reliability >80% • Risk Identification 2,resources are adequate • Accessibility Yes • Special/resource needs Aerial device will be required • Water Supply 1,000 gpm required • Other Resources None Police Service • No comments Wastewater • Comments • Flow is committed • No sewer services may cross infiltration trenches • Must provide to-and-through to the property to the north. • Sewer to the north must end in a manhole and preferably be in the Right of Way.If it is not in the Right of Way it must have a 14 foot wide access road that is built per City standards. • Sewer mains must at a minimum have 3 foot of cover above the pipe.This is not met with Manhole number 11 and Manhole number 12. Water • Distance to Water Services Directly Adjacent — Page 2 Page 214 1 I 1 1 1 1 1 S W- S' 9 A. E CHI N 1) IIIIIII :� mm p■� -r � -�, IIIIIII =Z Mini �■ r �.y F . ■ IIIIIII�_.un - - •••■1•• - ■I■I - ■■I■ poll IIIIII 1� — llll■l■: snl■l' ' •IIIIIII■■ II .�• iiHI■ miss ■� F. ME Ili p ■ �� t —k,'L ;}_ � . E r E- mill ? .■■■�?C w w 2'� =i _ . IIIIIII Jill—Z41111 nil - nu/I�1: I �•ya a� •ml■• n uu li L ■I■I - ■■ �lq IIIIII �� ■u1 ■ - ■■ �111 Ulu 1oil � ■ IN �..mW =■: ■ o .. ull _■_: kL ::IIIIII 1 1 in ■ � : : . .■ ■�-■ ■r��IH1111N11ii ' ■Il ll IN I■II■I I■II! C i i■ a: 1 IN 11111111 _ ■ mm IIIIII ml �� IN ms ■ ■mm-■ -■ ■ WII ■m1 - milli Ill �■ - -■ mn.�m ■Ill ■ �■ - ,Isom 1111111 ■■ IIIIII ill :�- l„■1■ ■ul ■ �• WII■ ■l■ mllllll lllll lulmom Inl ■ ll■ ■■l llll IIIIIII■Il l ■l Ill ■■■Hlllll Ilia- mom = ■ �= • �■ 11�� ■■ Z ■ mils■ - ■ -.Z�■ - C� �■■■ �■■■■ ■o■ C Cam■-■■ _■_ MEN �■ ■ ■ �� : IIIN ■ Item#7. III. APPLICANT INFORMATION A. Applicant Representative: Kaili Worth, Centurion/B&A Engineers—5505 W. Franklin Rd, Boise, ID, 83705 B. Owner: Thomas Buck Trust—6168 N. Elk Ranch Ln,Meridian,ID 83646 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 12/21/2021 1/30/2022 Radius notification mailed to properties within 500 feet 12/15/2021 1/31/2022 Nextdoor posting 12/16/2021 1/31/2022 Sign Posting 12/20/2021 1/21/2022 V. STAFF ANALYSIS A. 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 development agreement as part of the annexation approval. B. Zoning The applicant proposes to annex this property with the R-8 zoning district.As mentioned in the dimensional standards below,the plat meets all requirements of the R-8 zoning district and the lot sizes as proposed are consistent with the density designations of the future land use map,but staff does have concerns with the transition to the south and the alignment of lots to the east and is further explained in the Comprehensive Plan Policy section below. C. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM)contained in the Comprehensive Plan. 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 annexation area is near existing public services and is surrounded on three sides by the City limits. The proposed land use of single family residential is consistent with the recommended uses in the FLUM designation. The proposed project has a gross density of 4.1 du/ac, being on the low end of the allowed density range listed above. Therefore, Staff finds the proposed preliminary plat and requested R-8 zoning district to be generally consistent with the Future Land Use Map designation of Medium Density Residential. 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 IX.A. The DA is required to be signed by the property owner(s)/developer and returned to Page 4 Page 216 Item#7. the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. D. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) The proposed traditional single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development. The Birkdale Estates Subdivision is to the west(R-2), the Hightower Subdivision is to the east(R-8) and the Saguaro Canyon Subdivision (R-4) is to south, with an existing church on RUT zoned property in the County directly north. Given the property is completely surrounded by single-family detached, single family detached with comparable lot sizes is appropriate for the subject property. Staff does have concerns regarding whether there is an appropriate transition in lots sizes to the properties in the Saguaro Canyon Subdivision to the south as is discussed below. • With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) The proposed plat depicts 5 ft. wide attached sidewalks on both sides of roads internal to the subdivision. The pathways master plan does not indicate any pathways crossing the site. There are several micro pathways providing access to the qualified open space as well as connecting to an existing micro pathway at the Birkdale Estates Subdivision to the west. Qualified open space and amenities are discussed below. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) As mentioned above, 5 ft. wide attached sidewalks are provided along all internal roadways and a pathway connection is provided to the existing pathway at the Birkdale Estates Subdivision at the west. "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 development can be adequately served by critical public facilities and urban services. Water and sewer will be provided from N. Senita Hills Ave., and the applicant will be required to extend services to the north. • Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction. (2.02.02F) As mentioned, the Birkdale Estates Subdivision is to the west(R-2), the Hightower Subdivision is to the east(R-8) and the Saguaro Canyon Subdivision (R-4) is to south, with an existing church zoned RUT to the north. The lots at the southern perimeter of the property are proposed at sizes between 5,000— 7,000 sq.ft. and widths of between 50-70 ft. This is denser than the adjacent lots of approximately 10,000 sq.ft. and 90'feet in width in the Saguaro Canyon Subdivision to the south, and this would result in several of the existing properties abutting more than one lot(and one residence) along the rear property lines. Staff recommends one of the lots shown as Lots 1- Page 5 Page 217 Item#7. 4 of Block 2 be eliminated and the remaining 3 lots be sized and oriented to be consistent with Lots 1-3,Block 35 of the Saguaro Canyon Subdivision No 3 to the south. The 5,200 sq.ft. +/- lots along the eastern perimeter are very comparable in size to the lots in the Hightower Subdivision to the east, although staff believes the side lot lines could align better with the adjacent properties for more cohesive fence lines and easier differentiation of property ownership.As a condition of approval, staff recommends Lots 1-10,Block I along the eastern perimeter be configured so their property lines align with Lots 4-11,Block 10 in the Hightower Subdivision to the east. This development proposes architecture consisting of one and two-story homes with pitched roofs, stone bases fishscale accents and/or lap siding with gabled roofs and dormers, which is consistent with the architecture in surrounding subdivisions. E. Existing Structures/Site Improvements: There is one existing single-family residence which will be retained on Lot 9 of Block 3. As a condition of annexation,this house should be required to connect to City water and sewer service and obtain a new address since the access to N. Elk Ranch Ln. will be terminated. F. Proposed Use Analysis: Single-family detached dwellings are listed as a principally permitted use in the R-8 zoning districts in UDC Table 11-2A-2. G. Dimensional Standards(UDC 11-2): The preliminary plat and fixture development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district.All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes minimum lot size of 4,000 sq. ft., and required street frontages of at least 40 ft. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. However, it should be noted that this property was proposed for annexation, zoning to R-8 and plat for 48 lots as the Bull Ranch Subdivision in 2015 (AZ 15-013, PP 15-017). It was subsequently denied by the Council with density being cited as a primary concern and that R-4 or R-2 was preferable to more R-8 zoned property. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 ft,although there is the allowance of an increase in block length to 1,000 feet if a pedestrian connection is provided.No block length exceeds 750 ft. There are no common driveways proposed with this subdivision. H. Access (UDC 11-3A-3): This subdivision proposes to connect to three existing local streets which already stub at the property—E. Lockhard St.to the west,E. Tallin St. to the east, and N. Santa St.to the south. The plat also provides a stub street to the church property at the north in case some or all of this property redevelops in the fixture. The street sections provided with the plat reflect templates of 33 ft. of travel lane(curb to curb), curb,gutter, 5 ft. wide sidewalks,and a 47 ft. right-of-way. N. Elk Ranch Ln.,a private road,provides access from the subject property to E. Chinden Blvd. UDC 11-H-4 states when a property has an existing access from a State Highway and an applicant proposes a change or increase in intensity of use,the owner shall develop or otherwise Page 6 Page 218 Item#7. acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. As a condition of approval, staff recommends the applicant vacate all interest in the N.Elk Ranch Ln. private street,as the property already has three existing access points from local roads. ACHD has noted a traffic study is not required with this subdivision and has not offered any other comments. I. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. J. Pathways ( UDC 11-3A-8): The pathways master plan does not indicate any pathway connections across or along the property. The landscape plan reflects micro-pathways comprised of concrete within Common Lots 1 and 17,Block 1,Lot 8,Block 3 and Lot 1 Block 4. There is also a pathway connection to an existing micro-pathway in the Birkdale Estates Subdivision to the west. All internal streets contain 5 ft.wide attached sidewalks which is consistent with the three local streets stubbing to the property. K. Sidewalks(UDC 11-3A-17): Five-foot attached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. L. Landscaping(UDC 11-3B): UDC 11-2A-6 does not require landscape buffers along local streets,which are all the streets bordering and within the subject property. An open space exhibit was submitted as will be discussed below. The landscape plan indicates there are existing trees that are to be removed or relocated,but does not indicate whether they meet the preservations requirements of UDC 11-3B-10 or whether mitigation is required. Staff recommends that prior to City Council,the applicant contact the City Arborist and update the landscape plan accordingly. M. Qualified Open Space (UDC 11-3G): This application was submitted prior to the increased qualified open space requirements of UDC 11-3G-3 and therefore this development is required to provide 10%of qualified open space. An open space exhibit was submitted which reflects 14%of qualified open space is provided. This includes a 40,761 sq. ft. landscaped park with playground and pathway at the western side of the property(Lot 8, Block 3), 18,000 square foot(55' x 350' _/-) greenspace with pathway through the middle of the site(Lots 1,Block 1 and 4), and 6,400 sq. ft.pathway common lots south of E Lockhart St and at the northwest corner of the property(Lot 8, Block 4 and Lot 10,Block 5). N. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(10 acres),under the previous regulations one amenity is required. The proposed landscape plan depicts a playground,benches,tables and additional walking paths. Prior to City Council,the applicant shall revise the landscape plan to indicate specific details of the amenities. Page 7 Page 219 Item#7. O. Waterways(UDC 11-3A-6): The plat shows the North Slough is bisecting the property at a 45-degree angle north to south being relocated and piped in accordance with UDC 11-3A-6. According to an exhibit provided by the applicant(please refer to Section VI.)this ditch is being reconfigured toward the northwest corner of the property. This reconfiguration effort should be coordinated with the irrigation district.Also,per UDC 11-3A-6 requires irrigation easements wider than ten(10)feet to be included in a common lot that is a minimum of twenty(20)feet wide and outside of a fenced area. P. Fencing(UDC 11-3A-6, 11-3A-7): The applicant has not provided any details in regard to fencing. Any fencing shall meet the requirements of 11-3A-6 and 11-3A-7. Q. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. Water and sewer will be obtained from N. Senita Hills Ave. at the south and developer will be required to extend services to the north. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted elevations of the single-family homes for this project(see Section VI.F below). The single-family homes are depicted as one and two-story structures with attached garages, and a variety of architectural elements and finish materials including gabled roofs,fishscale accents, covered porches,dormers, stone wainscoting, and lap siding. The submitted sample elevations appear to meet design requirements for single-family homes and are consistent with the architecture of existing surrounding residences. VI. DECISION A. Staff: As the plat meets all requirements of the UDC and is consistent with the density designation of the Comprehensive Plan, Staff recommends approval of the requested annexation,zoning and preliminary plat with the conditions noted in Section IV. per the Findings in Section VIII. B. The Meridian Planning& Zoning Commission heard this item on January 2,2022.At the public hearing,the Commission moved to deny the subiect annexation and rezoning request. 1. Summary of the Commission public hearing: a. In favor: Joe Canning,Mike Homan b. In opposition: Several neighbors attending remotely expressed concerns with density. C. Commenting: Joe Canning,Mike Homan d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: Page 8 Page 220 Item#7. a. Density,why it was being proposed for R-8 versus R-4. 3. Key issue(s) of discussion by Commission: a. Commissioners discussed what amenities were being provided. b Whether a proiect meeting the"minimums"was premier. C. Amount and location of open space,and whether more functional and useable open space could be provided. d. Annexing the property as R-8 versus R-4. 4. Commission changes)to Staff recommendation: a. As the Commission recommended denial, all staffs conditions of approval had been stricken. C. The Meridian City Council first heard this item on February 15,2022 and continued it to March 15.2022.Due to a posting error.this item was continued to April 5, 2022.At the April 5,2022 public hearing,the Council moved to approve the subject annexation and preliminary plat request. 1. Summary of the City Council public hearing: a. In favor: Joseph Cannjng.Mike Homan ih In opposition: Several citizens testified in opposition. -c� Commenting: Joseph Canning,Mike Homan leverley submitted a letter in opposition. The concern was zoning to R-8 verses R-4, Staff presenting application: Alan Tiefenbach L Other Staff commenting on application: None 2 Key issue(s) of public testimony: a. Zoning to R-8 verses R-4,density,traffic. 2 Key issue(s) of discussion by City Council: a Council discussed whether R-4 or R-8 was appr r b.. There was discussion regarding school overcrowding. -c� There was discussion regarding the overall improvement in design and the open pace and proposed trails. 4 City Council change(s)to Commission recommendation- -a As the Council approved this request.the Council adopted staffs conditions of approval except 2C pertaining to lining up property lines with the eastern lots in the Hightower Subdivision. Page 9 Page 221 Item#7. VII. EXHIBITS A. Annexation and Rezoning Exhibit(date: 9/30/2021) 4k19 & A Engineers, Inc. C90SUl kin g Englnaers & Land Surveyors 5505 West FYankl+n Rd. Boise, 3D 03705 Telephone 2{78-341 J; 113 F3131Mi3e 208.342.5792 established in 1921 Friendship Subdivision Ooundiary Description 30 September 2021 Lot 2 of Block 1 of Blythe Estates Subdivision, as shown on the elicial plat thereof on 51e in the office of the Ada County. Idaho, Recorder, being the southeast quarter of the northeast quarter of the northwest quarter of Section 30, Tcwnshlp 4 North, Range f East, Boise Meridian, Ada County, Idaho, and Eyeing more particularly described as follows: Camrnenang at Vie northwest comer of said Section 30: thence N89'45'12"E, 2.420.71 feat along the northerly boundary of said Section 30 to the north quarter comer of said Section 30. thence S00,06'46"W, 664.69 feet along the easterly boundary of northwest quarter of said Section 30 to the northeast corner of said Lot 2, which is the Point of Beginning: Thence continwng SO4`05'46'VV, 664.69 feat along the easterly baurdary of said Lot 2 to the southeast corner of said Lot 2; Thence S89043'32'W, 658.96 feet along the southerly boundary of said Lot 2 to the southwest comer of said Lot 2; Thence N00005'51'E, 664.85 feet aiorg the westerly boundary of said Lot 2 to the northwest comer of said Lot 2; Thence NS9a4+4'22'E, 659.14 feet atong the northerly boundary of said Lot 2 to the Point of Beginning. Comprising 10.058 Acres, more or less. Subject to all existing easements and rights-of-way of record or apparent. 4116 'a Proud to be Serving Page 10 Page 222 Item#7. AF Cur N 114 Cor S&C 30 Sec 30 W 2420.71' S 894451 ,Sec .30 263 397 N 690442 "E 65914' s� 49"43'32"W 656. ' 41 0 wono Sago 3 subdivision , C No Page 11 Page 223 Item#7. B. Preliminary Plat(date: '2"�24-2/22/2022� I I IW«'22'E f8L,i- Y � S40r5+T �gqt '�41•1" yr . Siw•31t 4 xuYroe£ "69� Iw�u4 61Pr� I y,�y� wcw•,n B 7M To rID' rm c! 1 7's f z " 'jW j u j says,. -- r I h .s.ruv,rom __ xtmtti xeer I D [f a rr�,Q a e i� �°`' Q !• i I I Itllulx2 10131` hCNFYE 14RCY G swu5¢Y w sw rer¢m loer f� i str xays Ir ra.r rr,.iar -.0.Y-w +A main mm a,,rw '2f•Vlri Im9r �I• ® ■� SHl69lY j eevu-x,�vsM'rffi-—t &d• I g r "„• — —• Faetrell�suax-. .— —s —•— — _ j - o L. _ "I III I. al I Mal Streit Section 3e16wdd2rin Tetde I.aod?�aeC7akul.ui,m� Un& undULil-tYNv4e rAncece amY ea c�,u ,.a. icmnla nc uomNa.n un:,.x iY�M¢a R- MUW IN NIFI.-IllFbtlr LDT N %KC1 Nib IOOR 9A•�ttiR W-1 h h�i n btl d - rrrr Im.pp.-4'l.G,4W iW1 S 1 cut aiu .o Iu�Ah"Ei Na�lfS�N�ri��E Page 12 Page 224 Item#7. C. Landscape Plan(date: ""�21 1/31/2022) An T, 7 r a L 4 6 l�4 4 5 t +' . r �5 t � d ,,, .F a I t (71. '{ ems)+ wdh rAr + i � WWII'FL,1T]f1•JILaL a4]IY LlL hwt{YyJ�l,b Page 13 Page 225 Item#7. D. Canal Relocation Plan(date: December 17,2021) I 0 iQ G O I D •.•- .�. - - _ It 07 �a�• rho .� i 7 r i R -'Aft-wow I � �I O i .I. .I PIV r1� Q I� 1 1 Ili I� "n 4 ? c a (2) (D 14 I.. i 1. n LorJ Ciaxa3tes��nt 5e�dt2arin T�67e Lam U:rGuwlslkns Page 14 Page 226 Item#7. E. Common Open Space Exhibit(date: 12,121,12021 1/31/2022) - QUALIFIED OPEN SPACE (1 1-3G-3.B.1 A) - QUALIFIED OPEN SPACE (11-3G-3.B.1.E) �J lfVll IJ LJ 6iV#J L�U iJ 14#.+ S/1J�Vs w/ i ac+aa -�� I Q G Q TJ �e�.eetnr�amr h 3 � I +1 0 � 5 (' (D �l O p O 7 odder fa:=T.vin mMm ti/ V C 1 D >, I -- 1 --_ .1 -.1 Page 15 Page 227 y ty� � 1� .^ ••��1 A jr- I II F �_ _��+ __ „'"mow. FLAx=��=��.e -•_ I _ y„ry.�: ...... „ 17 �� _ .fir +' ,'o.•• __. '1 � ri r 9 V 4 t .j • Item#7. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan and conceptual building elevations for the single-family dwellings included in Section VII and the provisions contained herein. b. Prior to City Engineer signature on a final plat,the existing home shall be connected to city utilities. c. Prior to signature on the final plat,the existing home will be required to vacate the existing access to N. Chinden Blvd via N. Elk Ranch Ln. and take access through the proposed Friendship Subdivision via the proposed E. Lockhart St. in accord with UDC 11-3H-4. 2. The Preliminary Plat included in Section VII, dated 9/9/21, is approved with the following revisions: a. The existing irrigation easement bisecting the property is to be relinquished and replaced with a new easement as depicted on the submitted plans,prior to signature on the final plat. b. One of the lots shev,%as Lets 1 4 of Bloek 2 shall be eliminated and the r-emainifig 3 le e. Lets 1 10,Bleek 1 along the eastem perimeter-shall be eanfigur-ed so the pr-epefty lines align ,;tom Lets n 11,Block 10 i the 14ig 4,wer-Subdivision t the east d. The plat notes shall include that Common Lots 1 of Block 1,Lot 1 of Block 4,Lot 8 of Block 3 and Lot 10 of Block 5 are common lots that shall be owned and maintained by the subdivision homeowner's association in accord with UDC 11-3G-5-C 3. Prior to signature on the final plat,the Landscape Plan dated September 24,2021 included in Section VII, dated 9/9//21, shall be revised as follows: a. All pathways shall be landscaped in accord with UDC 11-3B-12 OR applicant shall submit a concurrent alternative compliance application if the irrigation district will not allow the required trees to be planted within their easement. b. To be consistent with the preliminary plat in that irrigation easements wider than ten(10) feet be included in a common lot that is a minimum of twenty(20)feet wide and outside of a fenced area. Page 17 Page 229 Item#7. e. Details of the pfopesed amenities shall be ineluded on the!a-ndseape pla-m. d. The plan shall note all e*istiag trees eligible for-pfesefvatien andlef the Gity Ar-ber-ist's reeemmefida4ienfe tigatien as required by T�11 3B-10 4. Direct lot access to Chinden Boulevard is prohibited. 5. Prior to final plat,the existing Settlers Irrigation easement shall be vacated. 6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 8. The development shall comply with standards and installation for landscaping as set forth in UDC 11-313-5 and maintenance thereof as set forth in UDC I 1-313-13. 9. All ditches shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 10. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC I I-3A-7A7, 11-3A-8 and 11-313-12C. 11. Comply with all bulk,use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-6. 12. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street buffers, and mailbox placement. 13. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 14. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 15. The Applicant shall comply with all conditions of ACHD. 16. The address of the existing home on Lot 9,Block 3 will change with the development of the proposed subdivision.The new address will be determined at the time the final records and the City addresses the lots. B. PUBLIC WORKS DEPARTMENT SITE SPECIFIC CONDITIONS: 1. No sewer services may cross infiltration trenches 2. Must provide to-and-through to the property to the north. 3. Sewer to the north must end in a manhole and preferably be in the Right of Way. If it is not in the Right of Way it must have a 14-foot-wide access road that is built per City standards. 4. Sewer mains must at a minimum have 3 foot of cover above the pipe. This is not met with Manhole number 11 and Manhole number 12. Page 18 Page 230 Item#7. 5. The geotechnical investigative report prepared by B&A Engineers, Inc. indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. GENERAL CONDITIONS: 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 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. 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. Page 19 Page 231 Item#7. 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. 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 proj ect. 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 Page 20 Page 232 Item#7. copy of the standards can be found at http://www.meridianciU.oMIgublic 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. MERIDIAN FIRE DEPARTMENT https://weblink.meridiancily.oEglWebLinkIDocView.gApx?id=242560&dbid=0&redo=MeridianC hty D. NAMPA&MERIDIAN IRRIGATION DISTRICT https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=243210&dbid=0&redo=MeridianC ky E. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=243227&dbid=0&redo=MeridianC iv Page 21 Page 233 Item#7. IX. FINDINGS A. ANNEXATION AND/OR REZONE (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FL UM designation for this property, if the Applicant complies with the provisions in Section VII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the lot sizes and layout proposed will be consistent with the purpose statement of the residential districts in that housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Council considered oral or written testimony that was provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city The proposed annexation meets the medium density designation of the Future Land Use Map and the applicable provisions of the Unified Development Code. Therefore, the application is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. PRELIMINARY PLAT(UDC 11-611-6) 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) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VII. Page 22 Page 234 Item#7. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; 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; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 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. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30- 2005, eff. 9-15-2005) There are no significant natural, scenic or historic features on the property. Page 23 Page 235 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Development Agreement (ACHD Maintenance Facility H-2021-0029) Between the City of Meridian and Ada County Highway District for Property Located at 3764 W. Ustick Rd., Approximately 1/2 Mile West of Ten Mile Rd. on the North Side of Ustick Rd. Page 236 ADA COUNTY RECORDER Phil McGrane 2022-038673 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 04/20/2022 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian ® Ada County Highway District(ACHD), Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 19th day of April --5 2022, by and between City of Meridian, a municipal corporation of the State of-id-a`h-o,-hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Ada County Highway District(ACHD),whose address is 3775 N.Adams Street,Garden City,Idaho 83714,hereinafter called ONVNER/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 I 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and rezone on 30.27 acres of land from the RUT zone to I-L(Industrial)zoning district on the property as shown in Exhibit "A" under the Unified Development Code, is 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 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 DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 1 OF 8 Item#8. 1.7 WHEREAS, on the 221 day of March, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B'; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the 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 Ada County Highway District(ACHD),whose address is 3775 N.Adams Street,Garden City,Idaho 83714, 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"A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 2 OF 8 Page 238 Item#8. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the approved concept plans included in Section VII and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B". b. With the first phase of the development,the existing home shall be removed and the existing driveway access to Ustick Road will be closed. c. Future Administrative building and Covered Storage building proposed along the Ustick Road frontage shall adhere to the Commercial district design standards in lieu of the Industrial district design standards. d. The required multi-use pathway segment,detached sidewalks along Ustick and Naomi, 5-foot micro-path, and landscape buffers shall be constructed with the first phase of development. e. The applicant shall construct all fencing as proposed on the approved concept plan to specifically include closed vision fencing along the south and west property boundaries. f. With the first phase of development, the applicant shall connect to City water and sewer services, if available. Should sewer service not be available at the time of development,the Applicant shall connect to sewer services when available or the water service may be discontinued by the City. g. Provide a utility easement for the benefit of the City through the site to parcel SO434438850 to the east along the north half of the boundary for future sewer infrastructure. Coordinate the exact location with Public Works staff. h. With the first Certificate of Zoning Compliance application,the landscape buffer to Ustick Road shall be vegetated with additional landscaping to include: trees that tough at maturity, and; incorporate landscape beds along the entire fence line for added shrubs and vegetation to help mitigate any noxious uses with the site. i. The applicant shall adhere to the specific use standards for the approved Public Utility, Major use, as outlined in UDC 11-4-3-31. j. Building permits will be issued for the on-site improvements based on the timeline and exhibits provided by ACHD (the submitted exhibits noted as "Site Phasing and Trip Generation" and"Integrated Five Year Work Plan diagram"are informational only), DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 3 OF 8 Page 239 Item#8. ACHD will construct the planned deceleration turnout lane prior to any building permit request. k. ACHD is authorized to construct and obtain final inspection/occupancy permit for the decant station so that it may be operated during development of the site. As outlined in the timeline and submitted phasing plan,the decant station will be constructed within calendar year 2024. The site may also be used for staging equipment and outdoor equipment. 1. Applicant shall obtain City Engineer approval for interim wastewater discharge proposal prior to construction of the Decant and Washout areas as noted on the concept and phasing plans. Additional pretreatment may be required by City Engineer review. 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 67-6511 A,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 DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 4 OF 8 Page 240 Item#8. 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. 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: DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 5 OF 8 Page 241 Item#8. 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: Ada County Highway District(ACHD) 3775 N. Adams Street Garden City,Idaho 83714 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. 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. DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(14-2021-0029) PAGE 6 OF 8 Page 242 Item#8. 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 ofthe Mayor and City Clerk. [end of text;acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACILITY(H-2021-0029) PAGE 7 OF 8 Page 243 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Ada County Highway District(ACHD) By: U10 Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4-19-2022 Chris Johnson, City Clerk 4-19-2022 STATE OF IDAHO ) ss: County of Ada ) On this_6_�day of i'l .2022,before me,the undersigned,a Notary Public in and for said State, yrsonally appeared V (n known or identified to me to be the #Y�Sf 4 t kA' of Adi/Countydi4ghway District (ACHD) and the person who signed above and acknowledged to me that he executed the same on behalf of said District. S.. 1 .. IN WITNESS WHEREO +1``ia�e o set my hanAanda my official se day and year in this certificate first above written. .• �„r..••��., Ao Comm.6205 I o0 6 G/�0 Re / R •• U ,C, p My Commission Expires: Ll�L1 13, 2025 STATE OF IDAHO ) """'*N,0F,1��••`�� ss County of Ada ) On this 19th day of April , 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,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian,ID Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—ACHD MAINTENANCE FACn.rrY(H-2021-0029) PAGE 8 OF 8 Item#8. EXHIBIT A Legal Description ACHD Ustick Property -Annexation A parcel located in the SE %of Section 34,Township 4 North, Range 1 West, Boise Meridian, Ada County,Idaho, and more particularly described as follows: BEGINNING at a point marking the southwest corner of said SE %.,from which a point marking the southeast cornerof said SE%bears S 89'07'11"E a distance of 2640.61 feet; Thence along the westerfy boundary of said SE Y,N 0043'44" E a distance of 1290.37 feet to a point on the centerline of the five Mile Creek; Thence along said centerline, also being the southerly boundary of that annexation parcel as described in Ordinance No. 784, Instrument No. 98003485, records of Ada County, Idaho, the following described courses and distances: Thence S 89°04'31"E a distance of 434.23 feet to a point; Thence a distance of 98.65 feet along the arc of a 337.00 foot radius curve right, said curve having a central angle of 16°46'20" and a long chord bearing S 80'41'21" E a distance of 98.30 feet to a point; Thence S 72*1 V V E a distance of 182.16 feet to a point; Thence a distance of 117.40 feet along the arc of a 458.00 foot radius curve left, said curve having a central angle of 14°41'10" and a long chord bearing S 79°38'46" E a distance of 117.07 feet to a point; Thence S 86459'21"E a distance of 940.67 feet to a point; Thence a distance of 99.31 feet along the arc of a 229.00 foot radius curve left,said curve having a central angle of 24°50'50"and a long chord bearing N 80°35'14"E a distance of 98.53 feet to a point; Thence N 68"09'49"E a distance of 145.45 feet to a point; Thence a distance of 53.16 feet along the arc of a 143.00 foot radius curve right, said curve having a central angle of 21°18'00" and a long chord bearing N 78°48'49" E a distance of 52.86 feet to a point; Thence N 89°27'49"E a distance of 362.98 feet to a point; Thence a distance of 42.20 feet along the arc of a 65.00 foot radius curve right,said curve having a central angle of 37°12'00"and a long chord bearing S 71°56'1 V E a distance of 41.46 feet to a point; Thence S 53°20'11"E a distance of 243.43 feet to a point on the easterly boundary of said SE%; ziil d blut imns ACHD Ustick Prcpeity Annexation Job No 21-22 Page t of3 ACHD Maintenance Facility-2021-0029 Page 245 Item#8. Thence leaving said Five Mile Creek centerline and along said easterly boundary of the SE 1 S 0°53'03°W a distance of 43.02 feet to a point; Thence leaving said easterly boundary N 64°08'05"W a distance of 295.14 feet to a point marking the northeasterly corner of McNelis Subdivision as shown in Book 100 of Plats on Pages 13082 through 13084,records of Ada County, Idaho; Thence along the northerly and westerly boundary of said McNelis Subdivision the following described courses and distances: Thence N 89°07'41°W a distance of 303.80 feet to a point; Thence S 64°49'45"W a distance of 277.37 feet to a point; Thence N 86'15'46"W a distance of 701.30 feet to a point; Thence S 81°07'09"W a distance of 287.40 feet to a point; Thence S 2°46'23"E a distance of 140.80 feet to a point: Thence a distance of 122.51 feet along the arc of a 100.50 foot radius curve left, said curve having a central angle of 69°50'36" and a long chord bearing S 37"41'41" E a distance of 115.06 feet to a point; Thence S 72°36'59"E a distance of 105.95 feet to a point; Thence a distance of 152.82 feet along the arc of a 290.92 foot radius curve right, said curve having a central angle of 30"05'54" and a long chord bearing S 57°34'02" E a distance of 151.07 feet to a point; Thence S 42"31'05"E a distance of 45.13 feet to a point; Thence continuing along said boundary and the extension thereof S 36°50'13" E a distance of 861.51 feet to a point on the southerly boundary of said SE'/.; Thence along said southerly boundary N 89'07'11"W a distance of 84.44 feet to a point marking the southeasterly corner of"Parcel C°as shown on Record of Survey No.6018, records of Ada County, Idaho; Thence leaving said southerly boundary and along the easterly boundary of said "Parcel C" N 37°06'59"W a distance of 584.06 feet to a point marking the northerly comer of said"Parcel C", Thence along the westerly boundary of said"Parcel C"S 0°09'49"E a distance of 49.81 feet to a point marking the northeasterly comer of"Parcel B"as shown on said Record of Survey No.6018, also being the northeasterly comer of that annexation parcel as described in Ordinance No. 02- 992, Instrument No. 103012606, records of Ada County, Idaho Thence along the northerly and westerly boundary if said parcel the following described courses and distances: l ;). ACWD Uslick Properly Annenuon �� ,..cs�.rr+9warm�riMp Job No.21-22 Page 2 or 3 ACHD Maintenance Facility- 2021-0029 Page 246 Item#8. Thence N 36"49'52"W a distance of 255.94 feet to a point; Thence N 42°30'43"W a distance of 45.13 feet to a point; Thence a distance of 100.29 feet along the arc of a 190.92 foot radius curve left, said curve having a central angle of 30°05'55° and a long chord bearing N 57°33'40" W a distance of 99.14 feet to a paint; Thence N 72"36'38"W a distance of 105.95 feet to a point; Thence a distance of 72.79 feet along the arc of a 200.50 foot radius curve right, said curve having a central angle of 20°48'02" and a long chord bearing N 62°12'37" W a distance of 72.39 feet to a point; Thence S 0°48'30" W a distance of 760.49 feet to a point on the southerly boundary of said SE%; Thence leaving said boundary and along said southerly boundary N 89`07'11"W a distance of 825.29 feet to the POINT OF BEGINNING. This parcel contains 30.27 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS QrgP�--ANgs Land Solutions, PC �� 9T GAF April 14, 2021 0 a 111 1q 8 ;U f f9r' ItYI, '? F OF Af W ;L,i�dJ?a�utao ACHD Jslkck Properly Annexation Job No 21-22 Page 3 of 3 ACHD Maintenance Facility- 2021-0029 Page 247 ACHD USTICK PROPERTY - ANNEXATION LOCATED IN THE SE 114 OF SECTION 34, T4N, R1 W, SM, ADA COUNTY, IDAHO C 1/4 S89_17*01'E f�4 2647.77' - - - `-34 35 r CURVE TABLE LINE TABLE LINE TABLE 1 1 CURVE LENGTH RADIUS DELTA BEARING I CHORD LINE I LENGTH I BEARING IJNE LENGTH BEARING CI 98.65' 337.00' 16'46'20" 580'41'21"E 98.30' LI 102.16' S7218-11-E L8 105.95'I 57236'59"E - I C2 117.40' 4.58.00' 14'41'10- S79'3546"E if7.07' L2 145.45' N68"D9'49'E L9 45,13' S42'31'05"E 1 C3 99.31' 229.00' 24'50'50' N80'35'14'E '98.53' L3 20.3.43' S53'20'11'E L10 84.44' N89'07'11'W b w I ae C4 1 53.16' 143.00' 2118'00" N78'48'49"E 52.86' L4 43.02' SO'53'03"W L11 49.8f' S0'09'49'E �f I ON C5 42.20' 6500' 3Ti2'QO" 571'S6'1f'E 41.46' LS 295.14' N64-08'05"W L12 45.13' N42'30'43"W f a I C6 122.51' 100.50' 69'5W36" S37'41'41'E k 115.06' L6 277.37' S54'49'45'W L13 105,95' N7236'38'W C7 152.82' 290.92' 30'05'54" S57'34'02'E 151.07 U7 140.80' S2'46'23"E C8 100.29 190.92' 1 30'05'55" N57'33'40'W 99.14' m C9 72.79' 200.50 20'402" N62'12'37"W 72.39' -q FIVE MILE CREEK---- 362.98' N S89'04'31"E C1 t N8927'49'E C` � 434.23' �C2 --S86'59'21 E-940.67'--- C3' M 1` S81'07' N89'07'41"NI M 287.40 N86'15'46"W 701.30' `303.80' rB n ANNEXATION AREA 30.27 ACRES --- o N PARCEL SO43443WOO 3764 W. JSnCK RD. +,i3' v = C3 POINT OFF �tsf, BEGINNING . 34 N69'07'11"W 825.29' + 'I` L10 _ 795.86' + A. _ Y _ 935A1' -=�4 35 3 I/4 BASIS OF BEARING 2640,61' W, USiiCK R0. T _ 3 2 `a ,LLAAFAs S T�� G'pc _ L l l � an olutions Nh ! Z�o 0' 200' 400' 800' 1r7.rf or �� Land 3uTveying and consulting 231 E.5TH ST.STE A MERIDIAN 10 83W (206I 28B2040 {205I 2W2667W w.•w sarwsawass.w� dca"o.z�-zz Page 248 ACHD Maintenance Facility- 2021-0029 Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�fIEN DIb�N AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an ACHD maintenance facility on 23.7 acres, by Engineering Solutions,LLP. Case No(s). H-2021-0029 For the City Council Hearing Date of: March 8, 2022 (Findings on March 22, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 8,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 8,2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 8,2022, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 8,2022,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(ACHD Ustick Maintenance Facility—FILE#H-2021-0029) - I - Page 249 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 8,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 8,2022, 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- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ACHD Ustick Maintenance Facility—FILE#H-2021-0029) -2- Page 250 Item#8. 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. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 8, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ACHD Ustick Maintenance Facility—FILE#H-2021-0029) -3 Page 251 Item#8. By action of the City Council at its regular meeting held on the 22nd day of March 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simi n 22-0222 Attes .y w I S'll c � - ICRHO IAN SFAL r r `*1 �T Chris Johnson -22-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Uh��0-,qDated: 3-22-2022 City Clerk's Office rN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ACHD Ustick Maintenance Facility—FILE#H-2021-0029) -4- Page 252 item#8. EXH I BIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 74312021.March 8,2022 Legend DATE: �" 0 LaProject Location ,,, TO: Mayor&City Council �Cc� FROM: Joe Dodson,Associate Planner 208-884-5533 �� SUBJECT: H-2021-0029 { do i D ACHD Ustick Maintenance Facility - LOCATION: The site is located at 3764 W.Ustick Road, approximately'h mile west of Ten Mile Road on the north side of W.Ustick Road,in the SW 1/4 of the SE 1/4 of Section 34,Township 4N.,Range 1 W. OFF I. PROJECT DESCRIPTION Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an ACHD maintenance facility on 23.7 acres,by Engineering Solutions,LLP. Note: Sewer services are not currently available to the site. Therefore,the Applicant is also requesting a City Council Waiver to delay connection to City sewer; City water is readily available. Further discussion of this is located throughout the staff report below. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—30.27 acres;Project Site—23.7 acres Future Land Use Designation Mixed-Use Non-Residential MU-NR Existing Land Uses County Residential home is no longer occupied) Proposed Land Uses ACHD Maintenance Facility Lots #and type;bldg./common) One 1 building lot Phasing Plan #ofphases) Proposed as eight 8phases over eight 8 ears. Physical Features(waterways, Fivemile Creek abuts the north property boundary; hazards,flood plain,hillside) Ninemile Creek abuts the northeast property boundary.A large area of the site lies within the floodplain along the north third of the site,both Zone"AE"and Zone"X." See further analysis in Section V.N. Neighborhood meeting date;#of March 25,2021 —3 attendees attendees: History(previous approvals) N/A Page 1 Page 253 Item#8. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via construction of a new collector street along the west (Arterial/Collectors/State property boundary(N.Naomi Avenue)that accesses W.Ustick Road(arterial) Hwy/Local)(Existing and near the mid-mile mark. Proposed) Stub Applicant is proposing to terminate N.Naomi Avenue in a temporary Street/Interconnectivity/Cross hammerhead type turnaround approximately 625 feet into the property.Any future Access development west of the subject site would connect to this terminus and continue west for interconnectivity.No other stub streets are proposed or required due to the proposed and adjacent use. Existing Road Network Ustick Road is existing arterial street with 2 to 3 lanes of travel. Existing Arterial Sidewalks/ Ustick Road is existing but there are no sidewalks or landscape buffers along the Buffers north side of Ustick Road. Proposed Road No road improvements are required with this application due to this segment of Improvements Ustick being scheduled for widening in 2025,unless the proposed right-hand turn lane is proposed with future development(see ACHD staff report in Section VIII.D). CIP/Five Year Work Plan for Ustick and other nearby roads: • Ustick Road is scheduled in the IFYWP to be widened to 5-lanes from Linder Road to Ten Mile Road in 2025. • Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry Lane in with design in 2025. This project is listed as in preliminary development and is currently unfunded. • The intersection of Black Cat and Ustick Road is scheduled in the IFYWP to be improved with an interim signal in 2021. This intersection is also listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and reconstructedisignalized between 2026 and 2030. • Ustick Road is listed in the CIP to be widened to 5-lanes from Black Cat to Ten Mile Road between 2026 and 2030. Fire Service • Distance to Fire 1.1 miles from Fire Station#2 Station • Fire Response Time Project lies within 5-minute response time goal • Resource Reliability Fire Station#2 reliability is 85%(above the goal of 80%) • Risk Identification None to report at this time • Accessibility Proposed project meets all required road widths,and turnaround dimensions. Police Service • Concerns None/no comments Wastewater • Distance to Sewer 2,650 feet from current sewer services to the west(Black Cat Road) Services • Sewer Shed North Black Cat Trunkshed • Estimated Project See application Sewer ERU's Page 2 Page 254 Item#8. Description Details Page • WRRF Declining 14.15 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Sewer is a 2,650'from site and per the Master Plan needs to come from N. Black Cat Rd. • Provide to-and-through to parcel SO434438850 to the east. • If sewer is not available at the time of construction of the site,provide a utility easement to the northern end of the parcel SO434438850. • Flow is committed. Water • Distance to Services 0' • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • No utilities are shown with application.A utility plan will need to be reviewed by Public Works. C. Project Area Maps Future Land Use Map Aerial Map Legend — - 0 4 Legend Resider 0 Project Location MU-NR Project Location Office � I i ® TIT- OIL ✓ , fIT W L Ll 11J Medwm De Mnsity �; o Residential° - «, High De sity �� i Croic Rowll esidentia - bP`3 a Zoning Map Planned Development Map Page 3 Page 255 Item#8. Legend G R-8 R-2 r Legend L=t0 EProject Location G RUT L�U ] Project Location City Limits ® ® Planned Parcels J f , RUT %p - R-8 . RUT ---- ' R-8 1-LN 1-L " ''• ' RUT C-G �R1HIFM R;2 ° , a RUT� �- ® ® o i R-8 �$ �L - _. � R.-8 RUT III. APPLICANT INFORMATION A. Applicant: Becky McKay, Engineering Solutions, LLP— 1029 N.Rosario Street,Meridian, ID 83642 B. Owner: Ada County Highway District(ACHD)—3775 N.Adams Street, Garden City, ID 83714 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/28/2021 6/25/2021 Radius notification mailed to properties within 500 feet 5/26/2021 6/22/2021 Site Posting 6/6/2021 7/1/2021 Nextdoor posting 5/26/2021 6/22/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciU.or /�comQplan) Mixed Use Non-Residential(MU-NR)—The purpose of this designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted. Appropriate uses in MU-NR areas Page 4 Page 256 Item#8. would include: employment centers,professional offices, flex buildings,warehousing, industry, storage facilities and retail, and other appropriate non-residential uses The subject site is an approximate twenty-four(23.7) acre parcel that abuts Ustick to the south, two creeks along the north and a portion of the east boundary, and the City's wastewater treatment plant directly north of the abutting creek. South of Ustick Road are existing detached single-family residences that currently have generally vacant parcels between them and the treatment plant. The proposed use of a maintenance facility for ACHD falls under the Public Utility,Major use within development code and is subject to specific use standards (UDC 11-4-3- 31). The Mixed Use Non-Residential(MU-NR)future land use designation calls for industrial uses, such as a maintenance facility, to act as a buffer between the City's treatment plant and any existing and/or future residential development. The Applicant is proposing to install solid fencing and the required landscape buffers adjacent to Ustick and the existing county residence directly to the west(in addition to a new public collector street). If the property to the west develops in the future as a nonresidential use as called for on the future land use map, the buffer proposed with this application along the west boundary should act as an adequate transition between uses. Despite the probable noise associated with a maintenance facility such as this, adequate landscaping and separation from existing residences by Ustick Road offer appropriate separation and should mitigate the noise from trucks and machinery. In addition to the proposed use itself, the hours of operation for the facility are an important factor in determining if the proposed use fits in this location. The Applicant has stated the planned hours of operation are Monday thru Friday, lam to 5:30pm with occasional late-night hours during emergency situations. During the summer, the Applicant has also stated that chip- seal operations require some weekend hours but should be within the normal daytime operating hours. Staff nor the Applicant can foresee emergency situations so it is not feasible to mitigate every possibility associated with the proposed use. Due to the likely minimal late-night operations, Staff believes the proposed Development Agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use. Because of this, Stafffinds the proposed project and use of an ACHD Maintenance Facility 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 pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application and phasing plan, Staff recommends a DA as a provision of annexation 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 annexation for approval. B. Comprehensive Plan Policies (https://www.meridiancity.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Coordinate with utility providers on acceptable landscape materials, design and site locations for their future facilities to avoid negative impacts to the community."(3.08.03). The location of the proposed ACHD Maintenance Facility is located within a non-residential designated area adjacent to the City's wastewater treatment plant. This area is intended to be developed with non- residential uses to act as buffers between existing/planned residential and the treatment plant. ACHD is considered a utility provider and they have worked with Staff to find an appropriate location for their new maintenance facility to further increase road maintenance capabilities within the City of Meridian. Page 5 Page 257 Item#8. Furthermore, Staff is recommending denser landscaping along the property frontage on Ustick to further mitigate any negative impacts to the nearby single-family residences and meet this applicable and significant comprehensive plan policy. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G). City water services are readily available to the subject site but sewer services are nearly a half mile to the west. This site is in a different sewer trunkshed than the properties to the east. As previously noted, the Applicant is proposing to develop the site in multiple phases over the next 8-9 years with a potential for the first building to be constructed in 2024. It is not entirely clear at what point utilities will be available or needed for the site but due to the phasing and the lack of sewer availability currently, the Applicant has not submitted any utility plans at this time. With future development, the Applicant will be required to submit these plans and continue coordinating with the City to connect to public utilities, including water needed for irrigation. With this application, Staff finds it appropriate for the Applicant to provide a more detailed utility phasing plan than what has been presented in the application materials. Staff has discussed this with the Applicant and has received a general utility phasing plan as follows: FY22-Site Prep, cutting in access roads, landscaping and fence installation—no need for sewer, just water. FY23-Decant and washout area, with the possibility of the Admin Bldg. or may get pushed out to FY24. FY24-Drainage and Broom Sheds that would need to be connected to the sewer as well since this building will have restrooms. FY25—Fleet Buildings-Sewer hook-up as well for this building. FY26—Admin Building(originally, but possibly pushed up to FY23 or 24). If not built this year no need for sewer tie in. FY27— Truck Wash, and Truck Scales—Sewer to be hooked up FY28—Finishing of outlier projects Based upon the updated information, connection to City water and sewer is likely needed by 2023. Water is readily available but sewer is not, as noted previously. The Applicant is having ongoing discussions with the City Engineer on the best path forward for the sewer needs and timeline of this project. "Require industrial uses to conform to disposal, spill, and storage measures as outlined by the Environmental Protection Agency."(4.10.01B). Because of the nature of the proposed use and its different disposal, storage, and chemical requirements, they will be tasked with obtaining all necessary permits from the Environmental Protection Agency (EPA). Planning Staff does not perform environmental reviews as part of their analysis but due to the added layer of floodplain being located onsite, the City's floodplain coordinator will be a consistent part offuture development of the site as phasing progresses and structures are proposed within the floodplain that require environmental permits. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Despite the project not being a residential development, a segment of multi-use pathway is shown on the master pathways plan along the north property boundary, adjacent to the Fivemile Creek. The Applicant is proposing to construct the required segment ofpathway and construct a pedestrian bridge over the creek to connect to an existing pathway segment further to the east. This connection and added pathway are also proposed to Page 6 Page 258 Item#8. connect to detached sidewalk along the property's west boundary that eventually connects to Ustick Road. Staff appreciates the added pedestrian connections proposed with this project and should further Meridian's multi-modal transportation goals. "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 proposing to construct a new industrial collector street along west property boundary despite it not being required on the Master Street Map (MSM). This new street is proposed to terminate in a temporary hammerhead type turnaround approximately 625 feet north of Ustick allowing for future connectivity to the west if future development occurs within other areas of the MU-NR designation to west and northwest. The existing county residence and agricultural use to the west will have an opportunity to access this new collector street directly and gives that property an option to utilize the collector street instead of accessing Ustick directly. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There is an existing county residence on the property that is no longer occupied. The Applicant has stated this home is to now be sold and removed from the site instead of being used as a temporary office, as originally proposed. Therefore,the existing driveway access to Ustick will be closed as well. Staff is recommending this access be closed with phase 1 of the development, consistent with standard conditions to construct required landscape buffers with the first phase of development.No other structures are known on-site. D. Proposed Use Analysis: The proposed use is an ACHD Maintenance Facility which falls under the Public Utility,Major use within development code. This use is a permitted use in the requested I-L zoning district per UDC Table 11-2C-2 and is also subject to Specific Use Standards(UDC 11-4-2-31). As previously discussed within the Comprehensive Plan section above, Staff supports the proposed use at this location—the relatively low vehicle trips,nonresidential use,and proposed pedestrian and landscaping improvements should make the proposed use ideal for this location next to the wastewater recovery facility. Staff analysis of the Specific Use Standards is in italics below: UDC 11-4-3-31 —Public Utility,Major; and public infrastructure: A. Accessory uses directly related to the maintenance and fueling of vehicles(including,but not limited to,truck and trailer washing, fuel pumps, garages for minor repair)may be allowed. Proposed development incorporates many of these accessory uses and the Applicant is required to obtain all necessary City, State, and Federal permits for them. Furthermore, the submitted concept plan shows a large maintenance building in the southern quarter of the site but sufficiently outside of the minimum 35 foot street setback from Ustick. This separation and landscaping should mitigate any noxious outcomes from these buildings. B. Installation of underground fuel tanks shall require written approval from the Idaho division of environmental quality, Idaho department of water resources, and the appropriate fire authority. Applicant is aware of this requirement and shall comply. C.No portion of the outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor,principal arterial, or minor arterial as herein defined. According to the submitted concept plan, none of the proposed outdoor storage areas appear to be visible from Ustick Road, a principal arterial street. The applicant is proposing landscaping and a solid fence as well as future building pad sites that will screen the outside activity areas from Ustick Road. To ensure this standard is adhered to, Staff is recommending the required Page 7 Page 259 Item#8. landscape buffer along Ustick is constructed with the first phase of development. More specific analysis of the landscaping and fencing material is in subsequent and relevant sections below. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including,but not limited to, asphalt,concrete,pavers or bricks. According to the submitted concept plan, no asphalt or driveways are proposed until phase 2. However, upon further discussions with ACHD and following the removal of the existing home, Staff is of the understanding that phase I will occur in 2022 and will include the new road, overall site prep, landscaping, and fencing installation. With the first phase, it appears that a gravel pit and paved open storage are proposed along the northern boundary. In addition, other areas of paved open storage are depicted on the concept plan. Per the submitted plans, it appears the Applicant is compliant with this standard. E. For any use requiring the storage of fuel or hazardous material,the use shall be located a minimum of one thousand(1,000)feet from a hospital.No portion of the site or any hazardous or potentially hazardous material is located within 1,000 feet of a hospital. The concept plan and phasing plan submitted with the application depict specific parts of the maintenance facility being constructed at different times. A revised concept plan has since been submitted. In general, the revised concept plan depicts the following: the required multi-use pathway segment north of the proposed fencing and along the north boundary; a gravel pit and paved open storage along the north and northwest boundary;fuel tanks, truck scale and a salt/sand shed within the central area of the site; central but along the east boundary more paved open storage and the decant and washout stations are proposed; employee and fleet parking as well as the drain truck shed are located in a majority of the center of the site; in the south and southeast area of the site the administration building,fleet maintenance building, broom truck shed, and covered storage is shown on the concept plan. Please see the phasing plan in the exhibit section below (Exhibit VILE)for when these areas are proposed to be constructed from approximately 2021-2028. Staff notes that the location of the decant and washout areas have been moved since the revised concept plan was submitted to a new location outside of the floodplain and is therefore not accurately shown on the phasing plan. E. Dimensional Standards(UDC 11-2): The Applicant is proposing to annex the subject property into the City with the I-L zoning district which does not have a minimum lot size.As noted above,the proposed use meets the requested zoning and the dimensional standards noted in the specific use standards. The project requires both landscape buffers and building setbacks,per the I-L dimensional standards. At a minimum, there is a 25-foot landscape buffer required adjacent to Ustick and a 20-foot landscape buffer required along the new collector street,Naomi Avenue. In addition,the I-L zoning district requires a street setback of 35 feet. The submitted site plan shows the required 35-foot building setback from Ustick but shows only a 25-foot setback from the future Administration Building to the new segment of Naomi Avenue. This should be corrected with future development applications. In addition,the I-L zoning district has a minimum landscape buffer of 25 feet to any residential use which is applicable along the west property boundary where Naomi Avenue is not proposed adjacent to the parcel to the west. The submitted concept plan shows this 25-foot landscape buffer compliant with the required dimensional standards. The proposed building height of any future buildings are not known at this time but Staff presumes none are proposed near the 50-foot height limit of the I-L zoning district. With future Page 8 Page 260 Item#8. CZC submittals, Staff will confirm conformance with the required dimensional standards of the I- L zone and the Public Utility,Major specific use standards(11-4-3-31). Therefore,the prosed project meets all required dimensional standards outlined in UDC 11-2C-3 except for the required street setback to Naomi Avenue. Staff has recommended this be corrected prior to future CZC submittal. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has not submitted any conceptual elevations of the future buildings.According to the submitted concept plan,there will be an Administration building,Maintenance building,and a long"L"shaped covered storage building that will require future Administrative Design Review (DES) approval as future development occurs that will also require Certificate of Zoning Compliance(CZC). Because future buildings are not proposed until later phases of the project and because they will require CZC and DES approval, Staff does not find it necessary to obtain conceptual elevations at this time.However, due to existing and established residential homes to the south and Ustick being a heavily trafficked arterial roadway, Staff is recommending a DA provision that any future building facade that is visible along Ustick Road is held to the Commercial design standards in lieu of the Industrial design standards. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via construction of a new collector street that aligns with Naomi Avenue to the south. The Applicant is proposing to construct the collector street as a 3-lane, 52-foot wide street section within 74 feet of right-of-way with 5-foot detached sidewalk on the east side of the street; when the property to the west redevelops they will be expected to complete the street with sidewalk on their side of Naomi. The submitted plans show this new road to terminate in a temporary hammerhead type turnaround approximately 625 feet into the site for future road connectivity to the west. ACHD has offered their approval of the proposed Naomi Avenue extension and termination on the north side of Ustick Road. There is an existing home on the property that is expected to be sold and moved to a new property which allows the existing access to Ustick to be closed sooner than originally proposed. Off of Naomi Avenue,the Applicant is proposing two driveway accesses for access into the maintenance facility located approximately 360 and 625 feet north of Ustick Avenue. The concept plan also shows each access to be gated approximately 150 feet from the edge of right-of- way of Naomi. ACHD has given their approval of the proposed driveway and gate locations for the maintenance facility because they meet district policies. Lastly,the concept plan also shows a westbound deceleration/right-hand turn lane from Ustick onto Naomi Avenue. The Applicant has stated a desire to include this right-hand turn lane for trucks and other vehicles to access Naomi without impeding traffic along Ustick. Staff is supportive of this. ACHD has noted within their staff report this dedicated right-hand turn lane is not required by ACHD because Ustick Road is programmed to be widened to 5 lanes of travel within 10 years. The Naomi Avenue extension would allow for future public road connectivity for the parcels to the west and allow for more efficient traffic management along the Ustick corridor than individual nonresidential access points to Ustick common within industrial areas. Staff appreciates the initial investment being placed on the road infrastructure and extension.All of the proposed access points (including the existing driveway closure)meet UDC requirements and ACHD has noted compliance with district policy. Therefore, Staff supports the proposed access and transportation element of the proposed project. Page 9 Page 261 Item#8. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table H- 3C-6B for nonresidential uses based on the ratio for industrial zoned properties of one (1) space for every 2,000 square feet of gross building floor area. Staff will confirm compliance with these standards at the time of CZC submittal for each building. The proposed use of a maintenance facility will rarely have any customers so the vast majority of parking needs would be for employees. Initial review of the concept plan does not give Staff any concern over the amount of parking due to the proposed use and ample area for additional paved parking. I. Sidewalks(UDC II-3A-17): 5-foot wide detached sidewalks are proposed within the required landscape buffers to Ustick Road and the new Naomi Avenue collector street(due to alignment, sidewalks are only proposed on the east side of Naomi).At the terminus of Naomi,the 5-foot sidewalk is proposed to continue north within the required 25-foot land-use buffer along the west property boundary and connect to the required multi-use pathway segment at the north property boundary. The proposed sidewalk meets UDC requirements. There is currently no sidewalk to either the east or west of the subject site because neither property is developed at this time. Further to the east, approximately '/mile, there is existing sidewalk on the north side of Ustick constructed as part of the McNelis Subdivision. This area of the City is rapidly developing so sidewalks should be constructed with the landscape buffers for overall connectivity. As properties further to the west and east develop in the future adequate pedestrian facilities will be required and will connect to the overall sidewalk network. In addition, the intersection of Naomi and Ustick is slated to be signalized in the future as more development occurs in this area. A signal in this location would allow for safe pedestrian crossing to the established sidewalk network on the south side of Ustick that offers connection to both Black Cat and Ten Mile Roads. Furthermore, the sidewalk connection to the multi-use pathway segment along the north boundary would allow pedestrian connection back to Ten Mile Road through the regional pathway network. Overall, Staff supports the proposed detached sidewalk layout and locations within the landscape buffers. J. Pathways (UDC 11-3A-8): Consistent with the sidewalk facilities,the proposed regional pathway extension is required of the Applicant. In addition,the Applicant is required to construct a pedestrian bridge over the Ninemile Creek to connect to the existing pathway segment at the west boundary of the McNelis Subdivision. The submitted concept plan shows compliance with all of the requirements surrounding the construction of the multi-use pathway except for the required landscaping along both sides of the pathway. The north side of the pathway is encumbered by the irrigation easement so the Applicant has proposed trees only along the south side of the pathway. Staff is not necessarily against this but the Applicant should be required to apply for Alternative Compliance with the first CZC to determine the adequate alternative to the landscaping requirement along the creek. To ensure these pedestrian facilities are constructed, especially the multi-use pathway segment, Staff is recommending the pathway and sidewalks are constructed with phase I when the landscaping and fencing are proposed. Page 10 Page 262 Item#8. K. Landscaping(UDC 11-3B): The Applicant is required to construct landscape buffers along Ustick Road,Naomi Avenue, and the remaining western boundary. In addition,the Applicant is required to install landscaping along the multi-use pathway along the north property. The buffers along Ustick and Naomi are governed by UDC 11-313-7; the land use buffer along the remaining west property boundary is governed by UDC 11-313-9; and the multi-use pathway landscaping is governed by UDC 11-313- 12. The Applicant did not submit specific landscape plans for the project but the revised color concept plan(Exhibit VII.C) does depict proposed landscaping in the required areas. The revised color concept plan shows lawn and trees within each required landscape area. As noted previously, Staff is recommending denser landscaping within the landscape buffer to Ustick Road to help mitigate any noise, light, or fumes from the maintenance facility. Furthermore, the landscape buffers should be constructed with phase I for this exact reason. The landscaping shown on the color concept plan appears to meet code requirements but further analysis will be done with the first CZC submittal and a specific landscape plan is submitted. L. Fencing(UDC 11-3A-6, II-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. The Applicant is proposing to construct 8-foot tall chain-link fencing with 2 feet of barbed wire above that along the north and east property lines—this fencing is also proposed to be coated in a colored and rubberized material.Along the west and south property boundaries, the Applicant is proposing 8-foot tall TREX fencing(see fencing rendering below,Exhibit VILD). The proposed TREX fencing is being strategically proposed to offer the most screening and buffering to the existing residences. 8-foot tall fencing is allowed within industrial zoning districts and per the height definition of fencing provided in UDC, barbed wire fencing is not included in the height measurement of fencing and is allowed in the I-L zone. M. Waterways(UDC 11-3A-6): The subject site abuts two waterways along the north and northeast property boundaries—the Fivemile Creek runs along the north boundary and the Ninemile Creek forks off of the Fivemile and runs along the north segment of the east boundary. The Master Pathways Plan depicts a segment of the regional pathway system adjacent to the Fivemile Creek but also requires a pedestrian bridge to the northeast of the site in order to connect to the existing multi-use pathway segment further to the east. The Applicant has proposed to build the required multi-use pathway as well as to construct the pedestrian bridge over the Ninemile Creek to the east. Staff appreciates the added cooperation with the Parks Department on extending pedestrian facilities. In addition to the pedestrian elements surrounding the adjacent waterways,there is floodplain located on the north quarter of the site. Staff has reviewed the site for compliance and notes that a floodplain permit(s)will be required and that future construction within the floodplain will be required to adhere to MCC 10-6 for structure elevations and waterproofing. Further and more specific analysis will be done by Staff with future development applications. In addition, additional environmental permits may be required with the federal government depending on where the final location of specific items are located onsite(i.e. fuel tanks,decant station, etc.). N. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15.No irrigation plans have been submitted for industrial use at this time. With future development applications,the Applicant will be required to provide a pressurized Page 11 Page 263 Item#8. irrigation system for the required landscaping around the site. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on June 17,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning request. 1. Summary of Commission public hearing_ a. In favor: Becky McKay,Applicant Representative b. In opposition:None c. Commenting Becky McKay; Lloyd Carnegie,ACHD Maintenance Manager. d. Written testimony: None e. Staff presentinggpplication: Joseph Dodson,Associate Planner. f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. None 3. key issue(s)of discussion by Commission: a. Timeline for the use of the site, construction of the westbound deceleration lane, and overall phasing; b. Potential issues associated with having large trucks utilizing Ustick Road and the site prior a deceleration lane being constructed by ACHD as part of the overall road widening project—Applicant stated that consistent truck traffic to the site should not occur until after the Ustick Road improvements due to overall timing and use of other maintenance facilities in the valley as well as the timing of developingthe site; C. Estimated timeline for Ustick Road wideningApplicant stated there is a desire to move up the construction of this road widening project to 2024 instead of between 2026-2030; d. How concrete the proposed concept plan is in terms of building placement and phasing; e. Capacity of the Commission/City to limit the use of heave truck traffic for the site via a condition of approval or DA provision. 4. Commission change(s)to Staff recommendation: a. Create a new DA provision to help limit heavy truck traffic until Ustick Road is widened and the deceleration lane is constructed. 5. Outstandingissue(s)ssue(s) for City Council: a. Connection to City Sewer services and what the alternatives may be—Planning Staff is still not aware of the final alternative decided by the Applicant and the City Engineer; if an answer is known prior to the meeting, Staff will alert City Council. C. The Meridian City Council heard these items on July 13,2021,July 27, 2021, September 7.2021. and March 8,2022.At the March 8"'public hearing,the Council moved to approve the suNect Annexation and Zoning request. L Summary of the City Council public hearing: a. In favor: Becky McKay,Applicant Representative: Steve Price,ACHD Legal Counsel; Jennifer Berenger.ACHD. b. In opposition: None Page 12 Page 264 Item#8. C. Commenting: Becky McKay: Steve Price: Jennifer Berenger: Lloyd Carnegie.ACHD: Heather Friddle,ACHD: Ryan Olsen,neighbor. d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. What kind of landscaping, fencing, and architecture will be utilized along the Ustick frontage. 3. Key issue(s)of discussion by City Council: a. Timeline of adjacent road improvements(Ustick Roadl in conjunction with timeline of proposed site development—specifically, should project be approved without Ustick widened and should the required deceleration lane be constructed first, at a minimum• b. Accuracy of the proposed phasin "law C. Has the Applicant worked with the City Engineer and Public Works to determine an appropriate alternative to connecting to City Sewer as it is not currently available—Yes; d. Clarification on Staff's proposed DA provisions: e. Clarification from ACHD on proposed uses, design, and timelines for specific sjte as well as Ustick widening project from Linder to Black Cat. 4. City Council change(s)to Commission recommendation. a. Additional provision per Staff s previous memos and presentations regarding the proposed decant station and water treatment: b. Strike condition VIII.AI.j and add provisions per Applicant's letter dated March 2 2022. Page 13 Page 265 Item#8. VIL EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps ACHD USTICK PROPERTY - ANNEXATION LOCATED IN THE SE 1/4 OF SECTION 34, T4N, R1W, BM, ADA COUNTY, IDAHO C 1/4 00 _ - - - - S89_17'01"E 1/4 2647.77' - - - - --34�35 CURVE TABLE LINE TABLE LINE TABLE CURVE LENGTH RADIUS DELTA BEARING CHORD LINE LENGTH BEARING RLENGTH BEARING C1 98.65' 337.00' 16'46'20° S80'41'21'E 98.30' Lt 182.16' S72'18'11'E105.95, S72'36'59"E C2 117.40' 458.00' 14'41'10" S7938'46"E 117.07' L2 145.45' N68'09'49'E45.13' S42'31'05"E C3 99.31' 229.00' 24'50'50" N80'35'14"E 98.53' L3 243.43' S53'20'11"E84.44' N89'07'11"W C4 53.16' 143.00' 2118'00" N78'48'49"E 52.86' L4 43.02' SO'53'03"W L11 49.81' SO'09149"E v I CS 42.20' 65.00' 3712'00" S71*56'11°E 41.46' L5 295.14' N64'08'05°W L12 45.13' N42'30'43"W �I C6 122.51' 100.50' 69'50'36" S37'41'41"E 115.06' L6 277.37' S64'49'45"W L13 105.95' N7236'38"W C7 152.82' 290.92' 30'05'54" S57'34'02'E 151.07' L7 140.80' S2'46'23"E C8 100.29' 190.92' 30'05'15° N57'33'40"W 99.14' C9 72.79' 200.50' 20'48'02" N62'12'37"W 72.39' cs 1 s _ FIVE MILE CREEK 362.98' IJ N 1, - - C4 N89"27'49"E-05� S89"04'31"E-Ct �L1 -S86*59'21"E-940.fiT-- C3�� !3_ 434.23' C2 IS81.0710T"N L6 N89'0 01'"W �S 287.40 N86'15'46"W 701.30' ANNEXATION AREA = J 30.27 ACRES ` 06 Lg J 19 CD CD N PARCEL S0434438600 �fi S�yF z 3764 W. USTICK RD. POINT OF �Sd,1O6, sue, l BEGINNING �10 34 N89'07'11"W 825.29' 795.86' ` _ _ 935.01' 34 35 3 1/4 I BASIS OF BEARING 264os1' A USTICK RD. 3 2 n \�Npt.LAAjD 4 �F, 5 rf 0 0.0,011 jj�,1 0 ; Lan olutions 1 9TF 0 F �qQ*�<v Land Surveying and Consulting O' 200' 400' $00' tiTO�, w NPR MERIDIAN,ID 83642 231 E 5TH ST.,STE.A (208)2 1 2040 (208)288-2557 W www.l-nd 60-biz JOB N0,21-22 Page 14 Page 266 Item#8. Legal Description ACHD Ustick Property -Annexation A parcel located in the SE '/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a point marking the southwest corner of said SE %4, from which a point marking the southeast corner of said SE'/4 bears S 89°07'11" E a distance of 2640.61 feet; Thence along the westerly boundary of said SE '/4 N 0°43'44" E a distance of 1290.37 feet to a point on the centerline of the Five Mile Creek; Thence along said centerline, also being the southerly boundary of that annexation parcel as described in Ordinance No. 784, Instrument No. 98003485, records of Ada County, Idaho, the following described courses and distances: Thence S 89°04'31" E a distance of 434.23 feet to a point; Thence a distance of 98.65 feet along the arc of a 337.00 foot radius curve right, said curve having a central angle of 16°46'20" and a long chord bearing S 80°41'21" E a distance of 98.30 feet to a point; Thence S 72'18'11" E a distance of 182.16 feet to a point; Thence a distance of 117.40 feet along the arc of a 458.00 foot radius curve left, said curve having a central angle of 14°41'10" and a long chord bearing S 79°38'46" E a distance of 117.07 feet to a point; Thence S 86°59'21" E a distance of 940.67 feet to a point; Thence a distance of 99.31 feet along the arc of a 229.00 foot radius curve left,said curve having a central angle of 24°50'50"and a long chord bearing N 80°35'14" E a distance of 98.53 feet to a point; Thence N 68°09'49" E a distance of 145.45 feet to a point; Thence a distance of 53.16 feet along the arc of a 143.00 foot radius curve right, said curve having a central angle of 21°18'00" and a long chord bearing N 78°48'49" E a distance of 52.86 feet to a point; Thence N 89°27'49" E a distance of 362.98 feet to a point; Thence a distance of 42.20 feet along the arc of a 65.00 foot radius curve right,said curve having a central angle of 37'12'00"and a long chord bearing S 71'56'11"E a distance of 41.46 feet to a point; Thence S 53'20'11"E a distance of 243.43 feet to a point on the easterly boundary of said SE'/4; � �� ACHD Ustick Property Annexation 22 —0S—ymg—dC-111ny Job No Page. f3 Page 1 of 3 Page 15 Page 267 Item#8. Thence leaving said Five Mile Creek centerline and along said easterly boundary of the SE S 0n53'03"W a distance of 43.02 feet to a point; Thence leaving said easterly boundary N 64n08'05"W a distance of 295.14 feet to a point marking the northeasterly corner of McNelis Subdivision as shown in Book 100 of Plats on Pages 13082 through 13084, records of Ada County, Idaho; Thence along the northerly and westerly boundary of said McNelis Subdivision the following described courses and distances: Thence N 89°07'41"W a distance of 303.80 feet to a point; Thence S 64n49'45"W a distance of 277.37 feet to a point; Thence N 86'1546"W a distance of 701.30 feet to a point; Thence S 81°07'09"W a distance of 287.40 feet to a point; Thence S 2°46'23"E a distance of 140.80 feet to a point; Thence a distance of 122.51 feet along the arc of a 100.50 foot radius curve left, said curve having a central angle of 69n50'36" and a long chord bearing S 3741'41" E a distance of 115.06 feet to a point; Thence S 72°36'59"E a distance of 105.95 feet to a point; Thence a distance of 152.82 feet along the arc of a 290.92 foot radius curve right, said curve having a central angle of 30°05'54" and a long chord bearing S 57°34'02" E a distance of 151.07 feet to a point; Thence S 42'31'05"E a distance of 45.13 feet to a point; Thence continuing along said boundary and the extension thereof S 36°50'13" E a distance of 861.51 feet to a point on the southerly boundary of said SE%; Thence along said southerly boundary N 89'07'11"W a distance of 84.44 feet to a point marking the southeasterly corner of"Parcel C"as shown on Record of Survey No. 6018, records of Ada County, Idaho; Thence leaving said southerly boundary and along the easterly boundary of said "Parcel U N 37°06'59"W a distance of 584.06 feet to a point marking the northerly corner of said "Parcel C", Thence along the westerly boundary of said"Parcel C"S 0°09'49"E a distance of 49.81 feet to a point marking the northeasterly corner of"Parcel B"as shown on said Record of Survey No.6018, also being the northeasterly corner of that annexation parcel as described in Ordinance No. 02- 992, Instrument No. 103012606, records of Ada County, Idaho Thence along the northerly and westerly boundary if said parcel the following described courses and distances: OIU.�lt9S ACHC Ustick Property Annexation Job No.21-22 unn sarveyiny and C-11119 Page 2 of 3 Page 16 Page 268 Item#8. Thence N 36d49'52"W a distance of 255.94 feet to a point; Thence N 42d30'43"W a distance of 45.13 feet to a point; Thence a distance of 100.29 feet along the arc of a 190.92 foot radius curve left, said curve having a central angle of 30d05'55" and a long chord bearing N 57d33'40" W a distance of 99.14 feet to a point; Thence N 72d36'38"W a distance of 105.95 feet to a point; Thence a distance of 72.79 feet along the arc of a 200.50 foot radius curve right, said curve having a central angle of 20d48'02" and a long chord bearing N 62d12'37" W a distance of 72.39 feet to a point; Thence S 0°48'30" W a distance of 760.49 feet to a point on the southerly boundary of said SE%; Thence leaving said boundary and along said southerly boundary N 89'07'11" W a distance of 825.29 feet to the POINT OF BEGINNING. This parcel contains 30.27 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS \OVAL LANo Land Solutions, PC 5 S T F G� April 14,2021 0 11118 X 01 jf y s a �iiL9TF OF �5� Tonr W, \AP 1.c" d S�C►11J d�fi15 ACHD Uslick Property Annexation tend ser Y119 and C11-119 Job No.21-22 Page 3 of 3 Page 17 Page 269 B. Revised Concept Plan(dated: 4/14/2021) Item#8. C. Color Concept Plan dated May 18.20211 E I S - E E.-E: JEM I j I Y..4�71G6 FMO __ Page 19 Page 271 Item#8. D. TREX Fence Example q 47 r 3 t y- ♦•— �i 1:, 4 ?''• ,r -- �, fir. y � �vs .'. ;�� +�t' ..�„;'��` .�� _ �.'4�� 5q+y "�^�•�•-yam Fw� k `�, � y� y., lf1' I- Page 20 Page 272 Item#8. E. Revised Phasing Plan_& 4/2021)-Not updated and NOT A nnRnv>Gr,a of undated to reflect 1- year shift: i.e. Phase 1 begins in 2022 instead of 20211: --- - -- -- CONSTRUCTION PHASE u TIMELINE KEY I/ PHASE 2 2022 Iine ° P114SE3 rnaw 2023 PHASE 2024 X i _ a Gr,wA \ P2ASE 5 2025 PHASES u.»u .anTa1 �� E�� -�� ♦ 2026 PHASE 7 2027 x � y PHASE 201 L71 r w__ CONSTRUCTION PHASE TIMELINE 021�� . g ACHD MAINTENANCE FACILITY — --------L W. USTICK ROAD 'd'. USTICK KW '" aiansowr W. USTICK ROA7 1'= 150, ———— E - LOCATED IN THE SE 1/4 OF SECTION 34, T.4N..RAW..B.M. I ! 1 ! ADA COUNTY, IDAHD O6 1�-21 Page 21 Page 273 Item#8. F. Site Phasing and Trip Generation(informational onlyl: Site Phasing & Trip Generation FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 Design Review, Broom Shed, Annsxation& Site Prep, Drainage Shed, )Re-Zoning, Fencing/ Covered Fleet Buildings, Outlier Projects, Ustick Site Walking Path, Lighting, Construct Sheds,Fuel Equipment& Administrative Truck Solar Covered Development Connect to Decant Station Islands,Salt/ Winter Ops Building Wash/Scoles p Architecture Parking Design City Services, Sand Shed, Parking Pads Access Road Mag Chloride (Naomi Ln) Tanks Ustick Rd Design ROW Construction Construction Widening Trip 20 Trips Per 103 Trips Per 59 Trips Per 22 Trips Per No Trip No Trip Day with 3 Trips Day with 13 Day with 8 Trips Day with 3 Trips No New Trips No New Trips Generation Generation Generation in the PM peak Trips in the PM in the PM peak in the PM peak -Ancillary Use -Ancillary Use (per day) hour peak hour hour hour Page 22 Page 274 Item#8. G. Integrated Five Year Work Plan diagram(informational only): ' �p'►►�. 2022-2026 ' — Integrated Five Year Work Plea Widen Ustick Rd to 5 lanes with curb, gutter, sidewalk and Level 3 bike facility PROJECT: PROJECT- PROJECT: Ustick Rd, Star/McDermott Ustick Rd, Black Cat / Ustick Rd, Ten Mile Rd I Rd/Black Cat Rd Ten Mile Rd Linder Rd Design Year: 2026 Design Year: 2022 Design Year: 2022 Right-of-Way Year: Future Right-of-Way Year: 2023 Right-of-Way Year: 2023 Construction Year: Future Construction Year: 2024 Construction Year: 2025 Owyhee Hkgh SchoolQ_... i 5 W.Ushok:Fd —._. - > ._ 4'i G.^.Itk RC Q 6 Z 7idly Para a LUDesign T: PROJECT: PROJECT: Rd/Black Cat Rd Signal Ustick Rd/Naomi Ave Signal Ustick Rd, Bridge #1444 Year: 2022 Design Year: 2022 Design Year: 2022 f-Way Year: 2023 Right-of-Way Year: 2023 Right-of-Way Year: 2023 ction Year: 2024 Construction Year: 2024 Construction Year: 2024 Page 23 Page 275 Item#8. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved concept plans included in Section VII and the provisions contained herein. b. With the first phase of development,the existing home shall be removed and the existing driveway access to Ustick Road shall be closed. c. Futures Administrative building and Covered Storage building proposed along the Ustick Road frontage shall adhere to the Commercial district design standards in lieu of the Industrial district design standards. d. The required multi-use pathway segment, detached sidewalks along Ustick and Naomi, 5- foot micro-path, and landscape buffers shall be constructed with the first phase of development. e. The Applicant shall construct all fencing as proposed on the approved concept plan to specifically include closed vision fencing along the south and west property boundaries. f. With the first phase of development,the Applicant shall connect to City water and sewer services, if available. Should sewer service not be available at the time of development, the Applicant shall connect to sewer services when available or the water service may be discontinued by the City. g. Provide a utility easement for the benefit of the City through the site to parcel SO434438850 to the east along the north half of the boundary for future sewer infrastructure. Coordinate the exact location with Public Works staff. h. With the first Certificate of Zoning Compliance application,the landscape buffer to Ustick Road shall be vegetated with additional landscaping to include: trees that touch at maturity, and; incorporate landscape beds along the entire fence line for added shrubs and vegetation to help mitigate any noxious uses within the site. i. The Applicant shall adhere to the specific use standards for the approved Public Utility, Major use, as outlined in UDC 11-4-3-31. j. 'crirri shall be surnir'rccccr=diicn phase-4-vrthe pivJcct-cvirsr3cciic=v`dicn cn(. !a-ne at Naomi Lane and Ustiek Read is eonstmeted-. k. Building permits will be issued for the on-site improvements based on the timeline and exhibits provided by ACHD (the submitted exhibits noted as"Site Phasing and Trip Generation"and"Integrated Five Year Work Plan diagram"are informational onlvl. Page 24 Page 276 Item#8. ACHD will construct the planned deceleration turnout lane prior to any building permit rem 1. ACHD is authorized to construct and obtain final inspection/occupancy-permit for the decant station so that it may be operated during development of the site. As outlined in the timeline and submitted phasing plan,the decant station will be constructed within calendar year 2024. The site may also be used for staging equipment and outdoor storage. m. Applicant shall obtain City Engineer approval for interim wastewater discharge proposal prior to construction of the Decant and Washout areas as noted on the concept and phasing plans.Additional pretreatment may be required per City Engineer review. 2. Prior to commencing any site development,the Applicant shall obtain Certificate of Zoning Compliance(CZC) approval for the first phase of site development.Any future buildings and site development will also require CZC approval. 3. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district and in UDC I 1-4-3-31 for the Public Utility, Major specific use standards. 4. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6B for nonresidential uses within the I-L zoning district. 5. The Applicant shall comply with all ACHD conditions of approval. 6. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-313-6 and MCC 9-1-28. 7. 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). 8. 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. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 With the first phase of development,the Applicant shall connect to City water and sewer services, if available. Should sewer service not be available at the time of development,the Applicant shall connect to sewer services when available or the water service may be discontinued by the City. 1.2 Provide a utility easement for the benefit of the City through the site to parcel S0434438850 to the east along the north half of the boundary for future sewer infrastructure. Coordinate the exact location with Public Works staff. Page 25 Page 277 Item#8. 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 be dedicated via the City of Meridian's standard forms. The easement shall be graphically depicted on the construction 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. 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 irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed 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. 2.6 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. 2.7 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. 2.8 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.9 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. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 26 Page 278 Item#8. 2.11 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.12 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.13 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. 2.14 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. 2.15 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.meridianciU.oMIgublic_works.aspx?id=272. 2.16 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. PARKS DEPARTMENT—PATHWAYS https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=230782&dbid=0&r0o=MeridianC iv D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancitE.org/WebLink/Doc View.aspx?id=230783&dbid=0&repo=MeridianC hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the I-L zoning district with the proposed Public Utility, Major use and site design is consistent with the Comprehensive Plan, if all conditions of approval are met to help mitigate any noxious uses nearby the existing residences to the south. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and the requested development complies with the regulations outlined in the requested I-L zoning district and is consistent with the purpose statement of the requested zone. Page 27 Page 279 Item#8. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare, especially if all conditions of approval are met. 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 City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. City Council finds the annexation is in the best interest of the City per the discussions held at the Council hearings. Page 28 Page 280 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Lease Agreement Between City of Meridian and Daisy's Italian Ice & Gelati, LLC for Concessions Operations at Discovery Park for the Sum of 20% of Gross Sales Page 281 Item#9. C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 4/19/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of Discovery Park Concession Lease Agreement to Daisy's Italian Ice & Gelati, LLC for the sum of 20% of gross sales. Recommended Council Action: Award of RFP #PKS-2212-11314 and Concession Lease Agreement to Daisy's Italian Ice & Gelati LLC for the sum of 20% of Gross Sales. Background: This award is the result of a formal RFP. We received 5 proposals. Page 282 LEASE AGREEMENT for CONCESSIONS OPERATIONS AT DISCOVERY PARK This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT DISCOVERY PARK ("Lease") is entered into by and between the City of Meridian,a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Landlord"), and Daisy's Italian Ice&Gelati LLC, a limited liability company organized under the laws of the state of Idaho, whose address is 2401 N. Heath Avenue, Boise, Idaho("Tenant"), effective the ��.7 ( day of M i r,-I1, 2022 In this Lease, Landlord and Tenant may be referred to individually as a"Party' or collectively as"Parties." WHEREAS, Landlord owns Discovery Park, located at 2121 E. Lake Hazel Road, in Meridian, Idaho, which park includes a concession building adjacent to the splash pad (hereinafter "Lease Premises'); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1409, the mayor and council hereby authorize the lease of Lease Premises to Tenant; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,and in consideration of the recitals above,which are incorporated herein,Landlord and Tenant agree as follows: I. Lease granted. In consideration of the payment of rent,and other sums to be paid by Tenant to Landlord pursuant to this Lease(collectively referred to hereinafter as"Rent")and the performance of the other covenants,conditions and agreements in this Lease to be kept and performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant. H. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the preparation of food consistent with the requirements and standards established by applicable federal,state,city, and health department laws,ordinances,regulations and resolutions; and the sale of food, beverages and novelty items as set forth in Request for Proposals and Tenant's response thereto, which are attached hereto as Exhibit A. Tenant shall also sell swim diapers. Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that,based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises,Tenant shall provide the services enumerated in the Request for Proposals and in Tenant's response thereto,attached hereto as Exhibit A. Further, Tenant shall insure that the area within and DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 1 Page 283 Item#9. immediately adjacent to concession area of the Lease Premises is kept clean and free of all debris, litter,or other unclean or unsightly condition caused or created by the operation. IV. Term of lease. The term of this lease shall begin upon execution by both parties("Effective Date"), and expire t 1:59 p.m. on September 30,2024,unless earlier terminated by either Party by the method established herein. The lease term shall automatically be renewed from year to year thereafter, until September 30,2025, unless written notice of termination is given by either party to the other in the manner set forth herein. Tenant shall be deemed to have occupied the Lease Premises for purposes of commencing the Term as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease, Tenant shall be responsible for each and all of the following. A. Rent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and expenses for all utilities in connection with the Premises, including the cost of electricity or other fuels or power sources, water and sewer services,and waste disposal services. Land line telephone service is not available at the premises. B. Season close-out. Within seven (7)days of the last day of operation each year, Tenant shall complete each and all of the following: 1. Deep clean the Lease Premises, to include: descaling sink, faucets, and knobs; wash walls, doors, cabinets,and vents; remove all debris from and scrub floors; disinfect all surfaces; wipe out and sanitize garbage cans and recycling bins; empty and disinfect all cabinets; defrost freezer; and disinfect microwave,refrigerator, freezer, and other food storage or preparation areas. 2. Remove all perishable items from the Lease Premises; 3. Unplug all equipment; 4. Upon request of Landlord, remove some or all of Tenant's equipment and personal property from the Lease Premises so Landlord can perform routine maintenance and repair; and 5. Obtain written approval from City that the tasks set forth in this section have been completed satisfactorily, and that the Lease Premises can be closed for the season in a clean and sanitized condition. C. Criminal background check. Tenant,and each and all of Tenant's employees working at the Lease Premises or any person present within the Lease Premises pursuant to Tenant's invitation or consent, shall first undergo a criminal background check. Tenant will be responsible for the cost of background checks for all employees. Tenant shall not allow any employee or person to be present within the Lease Premises whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. D. Personal property taxes. If applicable,Tenant shall pay, prior to delinquency, all personal property taxes payable with respect to all personal property of Tenant, including any and all inventory, equipment, floor, ceiling and wall coverings, furniture and/or trade fixtures kept or used in or on the Lease Premises, and any improvements to the Lease Premises that are owned by and separately assessed to Tenant("Property of Tenant"). DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 2 Page 284 Item#9. E. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein regarding early termination, upon expiration of the Lease term or earlier termination of the Lease, whether by lapse of time or otherwise, Tenant,at Tenant's sole expense, shall: 1. Remove the Property of Tenant; 2. Repair and restore the Lease Premises to a condition as good as received by Tenant from Landlord, reasonable wear and tear excepted; and 3. Promptly and peacefully surrender the Lease Premises and yield up possession to Landlord. Any Property of Tenant left on the Premises after the expiration or termination of the Lease shall be deemed to have been abandoned and shall become the property of Landlord. Tenant shall be liable for all costs associated with the removal and/or disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Lease Premises or removing and storing the Property of Tenant and/or other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in surrendering the Lease Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. F. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Tenant accept the Lease Premises"as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises, physically and legally, for its intended use. G. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Premises or to any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Premises. H. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant,at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. 1. No assignment or subletting. Tenant shall not, without first obtaining Landlord's consent: (1) sell, assign, mortgage, or transfer this Lease or any interest therein; (2)sublease all or any portion of the Lease Premises; or(3) allow the use or occupancy of the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. J. Compliance with ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans with Disabilities Act of 1990,Public Law No. 101-336, 42 US 12101 et. seq. as it may be amended from time to time("ADA"). DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 3 Page 285 Item#9. K. No Hazardous Substances. Tenant specifically agrees not to use, store or deposit any substance that is hazardous or dangerous to person,property or the environment(or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in,on, or about the Premises. L. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss, damage,costs, attorneys' fees,and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the claim, plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered,Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above,then, in order to protect the Lease Premises and Landlord against such claim of lien, Landlord may,but shall not be required to,pay the claim and any costs,and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. M. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from any loss, liability,claim,judgment, or action for damages or injury to Tenant, to Tenant's personal property or equipment, and to Tenant's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Landlord or its employees. Tenant further agrees to indemnify and hold Landlord harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Tenant or by Tenant's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Landlord or its employees. If any claim, suit or action is filed against Landlord for any loss or claim described in this paragraph,Tenant, at Landlord's option, shall defend Landlord and assume all costs, including attorney's fees, associated with the defense or resolution thereof,or indemnify Landlord for all such costs and fees incurred by Landlord in the defense or resolution thereof. N. Insurance. 1. Comprehensive Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Lease Premises,having a combined single limit of not less than one million dollars ($1,000,000)per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars($1,000,000)per accident or DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 4 Page 286 Item#9. occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Lease Premises and any other property used or useable by Tenant. 2. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease insurance covering all of Tenant's and Landlord's furniture and fixtures, machinery, equipment, inventory, and other personal property owned or used by Tenant in, on,or about the Lease Premises. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed regardless of the cause of such damage; however, if this Lease ceases due to early termination due to damage or destruction as described herein, Tenant shall be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property. 3. Worker's Compensation Insurance.Tenant shall purchase and maintain in force throughout the term of this Lease workers' compensation insurance on any and all persons in Tenant's employ, in the minimum amount(s)as required by Idaho law. 4. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty(30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s)of insurance carried and maintained by Tenant. 5. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant, Landlord has the right to terminate the Lease. Landlord may,but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. G. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which would(a)jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b)increase the rate of any insurance applicable to the Building to an amount higher than it otherwise would be for the general use of the Building; or(c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Lease Premises. VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for each and all of the following. A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the structural portions of the Lease Premises, including, but not limited to,the electrical systems, roof, and structural integrity of the premises,unless such maintenance or repairs are required as DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 5 Page 287 Item#9. a result, in whole or in part,of the act of, or neglect of any duty by,Tenant, its agents, servants, employees,or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten (10)days of Tenant's receipt of Landlord's itemized invoice therefor. B. Fixtures and applicances. The parties acknowledge that fixtures and appliances owned by Landlord, as described in Exhibit C hereto,are present on the Lease Premises. All such fixtures and appliances shall be placed in good working order by the Effective Date at Landlord's sole expense. During the Term, Landlord shall repair and maintain equipment owned by Landlord. C. Entry and inspection. Landlord, at all reasonable times, and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Lease Premises, subject to Tenant's reasonable security requirements. D. Property insurance. Landlord shall maintain insurance on the Lease Premises. The insurance required in this Section may be provided within the coverage of a blanket policy(s)of insurance carried and maintained by Landlord. VII. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed Tenant shall not be considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this Lease, Tenant shall be acting as an independent contractor, and neither Tenant nor any officer, employee or agent of Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or responsibility to exercise any rights or power vested in Landlord. B. Notices.All notices to be provided under this Agreement shall be in writing and addressed as follows: If to Tenant: If to Landlord: Daisy's Italian Ice &Gelati LLC City Clerk, City of Meridian Attn: Julie Scarborough 33 East Broadway Avenue 2401 N. Heath Avenue Meridian, Idaho 83642 Boise, Idaho 83713 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. C. Early termination due to damage or destruction. In the case of damage to the Lease Premises or decreased park use due to Force Majeure, Tenant shall immediately notify Landlord. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, pandemic, fire, flood, vandalism, accident, governmental acts, threats to human health or safety, and other like events that are beyond the reasonable anticipation or control of Party affected thereby. If the Premises or Building are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use, Landlord may immediately terminate this Lease. D. Default or breach; cure; termination. If Tenant is in breach or default of any of the terms, DISCOVERY PARK.CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 6 Page 288 Item#9. covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or default within ten(10)days of written notice thereof,this Agreement,and all rights of Tenant in and to Premises, at Landlord's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Tenant's failure or refusal to cure as hereinbefore provided, Landlord may,upon three(3)days' notice,enter into and upon the premises, take possession thereof and expel Tenant therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies Landlord may have. Tenant shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by Landlord in recovering the Premises hereunder. The rights, privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative, and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. E. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Lease shall not be construed as a waiver of any subsequent breach or default of the same or a different term,covenant or condition,nor shall such waiver operate to prejudice, waive, or affect any right or remedy Landlord may have under this Agreement with respect to such subsequent default or breach by Tenant. The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. F. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including,but not limited to,annexation,rezone, variance, permitting, environmental clearance,or any other action allowed or required by law or conveyed by City Council. G. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required precursor to litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. H. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed,religion, sex, marital status, national origin or ancestry, in the leasing, subleasing,transferring, use, occupancy, tenure, or enjoyment of the Premises. I. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. J. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. DISCOVERY PARK CONCESSION BUILD{NG LEASE AGREEMENT 2022-2024 Rku 7 Page 289 K. Entire agreement. This Agreement and the Exhibits hereto contain the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No oral or written inducements to execute this Lease have been made to Tenant. In entering into this Lease, Tenant relies upon no statement, fact,promise or representation,whether express or implied, written or oral, not specifically set forth herein in writing. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TENANT: STATE OF IDAHO ) DAISY'S ITALIAN ICE &GELATI LLC ) ss: County of I HEREBY CERTIFY that on this 'Zz' 4kday of AAA v'(-y%- , 2022, before the undersigned, a Julie carborough, an er Notary Public in the State of Idaho, personally appeared Julie Scarborough, proven to me to 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 DIANA MONTGOMERY affixed my official seal, the day and year in this certificate Notary Public first above written. State of Idaho Commission-No. 20211604 Notary Public for Idaho Residing at �,�,[),t�, ? ,Idaho My Commission Expires: I o LANDLORD: Attest: CITY OF MERIDIAN Robert E. Simison, Mayor 4-19-2022 Chris Johnson, City Clerk - - 022 STATE OF IDAHO ) ):ss County of Ada On this 19tWay of ApAi ,2022,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian _ ,Idaho My Commission Expires:_ 3-28-2028 DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 8 Page 290 Item#9. EXHIBIT A REQUEST FOR PROPOSALS DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PACE 9 Page 291 Item#9. FORMAL REQUEST FOR PROPOSALS PROJECT SPECIFICS & SCOPE OF WORK CITY OF MERIDIAN Meridian, Idaho 83642 BACKGROUND / PURPOSE The City of Meridian is soliciting proposals from respondents to provide Concession Services at the Discovery Park Concessions Building. Discovery Park includes 27 acres, but when the park is fully built out over the next several years, it will be a total of 77 acres. The park is located on the south side of Lake Hazel Road between Locust Grove and Eagle. Amenities in phase 1 include two softball fields, 3 reservable picnic shelters, playground, splash pad, climbing wall, sand/water play area, event stage and lawn, off- leash dog area, and walking paths. Phase 2 of Discovery Park will begin construction in the Spring of 2022. Amenities to be developed in Phase 2 are still to be determined. Although a second smaller concessions building is proposed in Phase 2 construction. The awarded proposer may be responsible to operate this concessions building as well if constructed. The concessions building is located in the active play area in close proximity to the playground, splash pad, sand/water play area, climbing wall, and picnic shelters. The interior of the concessions building is 28' x 19'. Equipment included in the concessions building that will be available for use by the successful proposer include a three-compartment sink, hand washing sink, mop sink, and some built-in counter space. All other food preparation and storage equipment will need to be provided by the successful proposer. Finally, because the effluent volume is being actively managed at this site, only an air-cooled ice machine may be used. Between April and mid-September, the park hosts evening adult softball games on both softball fields Monday through Thursdays with some Fridays. The park shelters often hold birthday parties and other smaller events organized by the general public. Event organizers are permitted to bring their own food vendors as part of their events. The selected concessionaire may not set up booths or an area outside the concession's buildings without permission from the City of Meridian and or the event organizer in which fees may occur. SCOPE OF SERVICES 1 SPECIFICATIONS Dates/Times of Service. The successful proposer will be required to be open daily, Monday- Sunday, while traditional calendar schools are out for summer (TBA). In addition, the successful proposer must be open weekends from Memorial Day weekend through Labor Day weekend. Times of operation 12:00pm-7:00pm (at a minimum) on all open days. Additional dates and/or times of operation may be requested by Meridian Parks and Recreation based on activities scheduled at the park. The successful proposer may choose to be open during dates and times that exceed these minimums. However, hours must stay consistent through the summer. By City Code, the park closes daily at one-half hour after sunset unless otherwise ordered or allowed by DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 10 Page 292 Item#9. the Department Director in writing. Exceptions to the minimum dates and hours of operation may be allowed in the event of adverse weather or other prohibitive conditions. Additional Requirements. Upon selection, the successful proposer must: • Have or obtain all necessary Central District Health Department permits. • Provide a copy of their current liability insurance policy with the City of Meridian named as additionally insured. • Negotiate and enter into a separate, detailed lease agreement with the City of Meridian establishing terms and conditions of operation in Discovery Park. This lease agreement will be for a term of 3 years with two additional one-year options unless otherwise negotiated between the successful proposer and the City of Meridian. • Undergo and pass a criminal background check. The cost of the successful proposer's background check will be paid for by the City of Meridian (no more than one individual). • If employing one or more persons to work in the concession building, provide worker's compensation insurance and require all employees to undergo a criminal background check through the City of Meridian. The successful proposer shall not employ any person to work in the concession building whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. The cost of all employees' background checks each year will be paid for by the successful proposer. The current cost of a background check is $18.50. Provide complete sales totals to Meridian Parks and Recreation at the conclusion of the season. GUIDELINES 1 CONTENT To be considered responsive, proposals should address all items identified in this section. Please note: Some items require that the Proposer provide a detailed response and/or attachment. Failure to provide a complete response may be grounds for rejection of proposal. Furthermore, proposals should be prepared in such a way as to provide a straightforward and concise discussion of the Proposer's ability to provide the services that can best satisfy the requirements herein and the needs of CITY. Elaborate or unnecessarily lengthy documents are discouraged. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements and on completeness and clarity of content. In order to facilitate evaluation and comparison, proposals should be submitted in the format described in this section. Format instructions must be adhered to. All requirements and requests for information in the proposal must be responded to. All requested data must be supplied. Failure to comply with this requirement may be cause for rejection. Criteria necessary to evaluate the proposals in relation to the service being sought are included in the RFP documents and will be established and weighted. At a minimum, criteria will include, experience, references, compliance to the specifications and requirements for the service provided that the City may use to award contracts to the Proposer it determines appropriate. 2 of 3 DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page I 1 Page 293 Item#9. SUBMITTAL REQUIREMENTS Letter of Introduction: Generally, describe your business experience. Prior Concession Experience: Summary of Experience. Provide a summary of Proposer's direct experience, which should be a minimum of three (3) years in the past five (5) years, and qualifications managing similar operations in the Concessions field. Operating Plan: Proposer shall submit an Operating Plan. All aspects of the Operating Plan, including menu, proposed fees & schedule. Proposed Concession Employees: Summary of Employees' Qualifications. Each of the Proposer(s) must provide information regarding the personnel who will participate in carrying out the terms and conditions of the Agreement. In the event an individual has not been selected for a particular position at the time the proposal is submitted, a listing of the experience and qualifications that will be utilized in the selection process must be provided. Proposed Lease Payment Provide proposed lease payment to operate the concession stand at Tully Park as described in this Request for Proposals. List as a percentage of gross sales. Proposed Menu Provide proposed product menu and proposed prices. BASIS FOR SELECTION This Request for Proposals will be evaluated utilizing the criteria listed below. History from the current and previous projects and customers of the respondent may be used to evaluate some of the criteria. a. Prior Concession Experience (40 Points) b. Operating Plan (25 Points) C. The ability of respondent to independently perform the scope of work (15 Points) d. Proposed lease payment (percentage) (10 Points) e. Proposed menu and prices (10 Points) BONFIRE SUPPORT The City uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at httpsa/bonfirehub.zendesk.com/hc 3 of 3 DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 12 Page 294 Item#9. Letter of Introduction Daisy's Italian Ice&Gelati is a family run business in operation since 2013,being the first to bring East coast style Italian Ice and Gelati to the Treasure Valley. We have served the local community through the Settlers Park concession stand and fairs and festivals across the valley.We are community minded, providing annual donations of our much-loved frozen dessert to several organizations including Meridian Public Library, Big Brothers and Sisters of Southwest Idaho,The Dae Lou foundation and local schools. Our unique frozen Italian Ice is homemade on site using fresh ingredients obtained locally when available. Our product is made from fresh fruit blended in an ice cream batch freezer that creates a frozen treat with smooth,ice cream like consistency without the added dairy and is created in a variety of flavors similar to snow cone flavors without the hard crunchy ice and watered-down flavor. Gelati is the modern Italian Gelato, created for ice cream lovers by layering frozen vanilla custard with any of the Italian Ice flavors. In addition to our specialty,we have been able to provide hot foods and other concession items as needed to support the park. DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 13 Page 295 Item#9. Prior Concession Experience Daisy's Italian Ice&Gelati has managed the Settlers Park Concessions for the past 6 years, providing frozen treats to the community as well as hot foods and various concession items as demanded by park goers.We have shown adaptability and flexibility in our service by providing treats for movie nights over the past 6 years as well as working with individual vendors holding events at the park to provide needed concessions. In addition to managing the concession stand,we have been participating in local events for the past 8 years, including the Western Idaho Fair,Canyon County Fair, Meridian Dairy Days, Kuna flays, Eagle Fun Days, Boise Music Festival,Spirit of Boise Nite Glow, Parktacular,City of Meridian 41h of July, Nampa Festival of the Arts, and Art in the Park.We have been invited back to these events year after year,even being moved to a spot on the coveted "food row" at the Western Idaho Fair after our first year,a testament to our superior, unique product and professional management.These experiences have prepared us to manage food service in a fast-paced environment with an emphasis on quality and consistency in our product.in addition,our ability to reach multiple people at events has helped bring new visitors to Settlers Park who come to enjoy our Italian Ice that cannot be found elsewhere in the area. References: • Bill Rapp—President Pacific Northwest National Pickleball Association;408-505-6914; bill@sportsrappmarketing.com • Rance Pugmire—Sr. Marketing Consultant Townsquare Media Boise; 208-794-3832,- Rance.Pugmire@townsquaremedia.com • Rebecca Simonis—Event Coordinator Western Idaho Fair; 208-866-3679; rsimonis@expoidaho.com • Renee White—Meridian Parks&Recreation; rwhite@meridiancity.org DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 14 Page 296 Item#9. Operating Plan Customer engagement:Over the years we have heard from customers that they were not aware of the concession stand being open in the park.Our solution to this has been to add signage,enlarged poster photographs of our product and Air.Our customer base is generated from park goers and as we reach new customers at events has expanded to those who live in different areas of the valley.The uniqueness and quality of our product has Idahoans outside of Meridian visiting Settlers Park for their favorite summer treat.Customers receive friendly, efficient service from our employees who serve fresh, homemade product and process the entire sales transaction at once using our Square Point of Sale system. Labor requirements:Over the past 6 years at Settlers,we have had a range of 5-7 employees.We can run the concession stand with 1-2 employees on the weekdays, 2 to 3 employees on the weekends and 4 to 5 employees on Friday movie nights or during park events and sports tournaments. Facilities requirements:The park concession stand currently contains all requirements needed to make our Italian Ice and custard as well as hot foods that are available on weekends, movie nights, and during events.We can store concession food items as well as utilize the dishwashing, hand washing and mop sinks to effectively make our product and manage the concession stand. Equipment requirements:The park contains a refrigerator that is utilized for cold storage items and one freezer. We provide additional freezers,grill, popcorn machine, nacho heating station,and the batch freezer needed to store and create all products sold in the park. Schedule:We will be open weekends from Memorial Day until Labor Day and include additional weekends before and after these dates as weather permits.We will be open daily(Sunday through Monday) beginning in early June when local schools get out through the end of August when school resumes. Our hours of operation will be 12pm-7pm at a minimum but will generally extend until 8pm or 9pm during summer as daylight hours increase. Movie nights we will remain open until the end of the movie. Proposed fees include Central District Health Food Establishment License which we have already obtained as well as business liability insurance and Workman's compensation insurance which we also already pay on a monthly basis.All the equipment used to make and store our products has already been obtained and paid for. Menu:We will always fully stock regular concession items such as soda,candy,chips,sports drinks and water.We will also stock needed items to prepare frozen and hot foods fresh, based on demand.We offer samples of Italian Ice to customers throughout the park and often encourage parents to purchase Italian Ice for themselves, rather than just their kids,once they realize we are not selling the standard snow cone.See below for our full menu. DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 15 Page 297 Item#9. Italian Ice and Gelati menu `■ Italian foe smart$3.50 4 Regular$s . +, Lame s6.58 Gelati Regular$S barge$7 Frozen hlrtard Saran$s Regufar".so Spectaft GtLwu Regular" Large>Y8 Product details: ••Note that all items are hands abed using trewh local fruit when arallable. Italianlee•Irr4h lntil hlrndrd"rill%kkgAr4 In Ilya-%.emir pros%% it ri,r LrrJits[I.4rr.t[r A I rssl t)Iroyrn dr4serI 4nnihr it)4orhri,li.nr,I irrr,ititl glim-it Irrr.t Lsr nrs nit hide It A Iig",4i ra44 hrrrV..hcrry.hII14,rltphrrr),ur.in l;r And i,ilsve- lAily tutors. Gelati•our Irnmrinidr it.ilian Ici.I-s)ereil%%stli v.sitmA ice kirk and Frozentlutard•Ilnoiter Ihdn ice creAnl but -IF I.III sA nit dr It I nits T AS[r.Rs IIIA111 iint irrih ItAlh with ItAc0r4 SISMg WvAl belie secluding Frrrrnrt[chrrrirs,lirc.dtl Grown ��,�y,�,yt+rrrir+.:uiel 4rrAwhrrrrr4. 1SPffQialt7 t➢elatis•coal aim our Ila It An Ice Jmd Irol rli custard alone:with uus Inc Iu 4t CAI Irort'n tI/'vlrri4[till tit iss lip tit1.a"hfrI F 441111f t 4.l it r.S Mork I.and Kra I time pie. Other concession items: Hot food items Beverages Snack items Fresh popped popcorn$2.75 Soda(cans)$1.50 Candy(large) $1.50 Charbroiled Cheeseburger$3.25 Water Bottles$2.00 Candy(small) 3 for$1.00 Nachos with Cheese Sauce$3.00 Italian Soda$3.00 Chips$1.00 Soft Pretzel with Cheese$2.50 Flavored Lemonade-$2.50 Energy bars$2 Hebrew National "All Beef'Hot Fresh Squeezed Lemonade$2.00 Cotton Candy$2.50 Dog$2.75 DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 16 Page 298 Item#9. Proposed Concession Employees Our primary employee is owner Julie Scarborough.Julie has been managing Daisy's Italian Ice&Gelati for over 8 years, including the day-to-day operations,coordinating events, managing employees, maintaining business plans and bookkeeping.Julie has a master's degree in Business Administration along with over 25 years of experience as a project manager and people manager at Citibank.She is also involved in community service activities including facilitating groups at her church and running a Girl Scout troop.Julie also runs neighborhood events in her role as Social Committee President.All these experiences enable Julie to effectively run an efficient company while managing employees to provide excellent levels of service. Todd Scarborough is Julie's husband and handles creating the products,stocking supplies and building relationships with vendors and customers.Todd is the idea guy who embraced the opportunity to introduce his favorite childhood treat to residents across the Treasure Valley. He has a bachelor's degree in Health Sciences along with 20 years in the food industry. In addition to Todd and Julie,over the years we have employed teens from our church,our teenage daughter and her friends and other teens from the local community around the park.We have several employees that return year after year when they are home from college for the summer.All our employees have passed background checks and have extensive one on one training to be able to work in a fast-paced environment while providing friendly,efficient service and a high-quality product.Our selection process includes references, prior experience in customer service, particularly food service, and experience working or volunteering with individuals of all ages. DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page I Page 299 Item#9. Proposed Lease Payment We are proposing a lease payment equal to 20%of our monthly net sales to be paid on the first business day of the following month. DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 18 Page 300 Item#9. EXHIBIT B PAY SCHEDULE A. Amount. Tenant pay Rent to the Landlord in the amount of twenty percent (20%) of gross sales taking place in the previous month. B. When due. Tenant shall pay Rent to the Landlord no later than the tenth(i Oth) calendar day of each month. Along with the monthly payment, Tenant shall submit a breakdown of monthly sales totals. C. Accounting required. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall, with reasonable notice,allow Landlord to inspect said books and receipt records. DISCOVERY PARK CONCESSION 131JILDING LEASE AGREEMENT 2022-2024 PAGE 19 Page 301 Item#9. EXHIBIT C LANDLORD'S FIXTURES AND APPLIANCES 1. Three compartment sink 2. Handwashing sink 3. Mop sink 4. Water heater 5. Microwave 6. Refrigerator 7. Freezer DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 20 Page 302 Item#10. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Lease Agreement Between City of Meridian and Daisy's Italian Ice & Gelati, LLC for Concessions Operations at Meridian Settler's Park for the Sum of 20% of Gross Sales Page 303 Item#10. C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 4/12/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of Settler's Park Concession Lease Agreement to Daisy's Italian Ice &Gelati LLC for the sum of 20% of gross sales. Recommended Council Action: Award of RFP #PKS-2212-11315 and Concession Lease Agreement to Daisy's Italian Ice & Gelati LLC for the sum of 20% of Gross Sales. Background: This award is the result of a formal RFP. We received 5 proposals. Page 304 LEASE AGREEMENT for CONCESSIONS OPERATIONS AT MERIDIAN SETTLERS PARK This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT MERIDIAN SETTLERS PARK("Lease") is entered into by and between the City of Meridian,a municipal corporation organized under the laws of the state of Idaho,whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Landlord"), and Daisy's Italian Ice&Gelati LLC, a limited liability company organized under the laws of the state of Idaho, whose address is 2401 N. Heath Avenue, Boise, Idaho ("Tenant"), effective the day of l Ul , 2022 In this Lease, Landlord and Tenant may be referred to individually as a"Party"or collectively as"Parties." WHEREAS, Landlord owns Meridian Settlers Park, located at 3245 N. Meridian Road, in Meridian, Idaho, which park includes a concession building adjacent to the splash pad (hereinafter "Lease Premises"); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1409, the mayor and council hereby authorize the lease of Lease Premises to Tenant; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,and in consideration of the recitals above,which are incorporated herein,Landlord and Tenant agree as follows: 1. Lease granted. In consideration of the payment of rent,and other sums to be paid by Tenant to Landlord pursuant to this Lease(collectively referred to hereinafter as"Rent")and the performance of the other covenants, conditions and agreements in this Lease to be kept and performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant. IL Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the preparation of food consistent with the requirements and standards established by applicable federal, state, city, and health department laws, ordinances, regulations and resolutions; and the sale of food,beverages and novelty items as set forth in Request for Proposals and Tenant's response thereto, which are attached hereto as Exhibit A. Tenant shall also sell swim diapers. Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises,Tenant shall provide the services enumerated in the Request for Proposals and in Tenant's response thereto, attached hereto as Exhibit A. Further, Tenant shall insure that the area within and SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 1 Page 305 Item#10. immediately adjacent to concession area of the Lease Premises is kept clean and free of all debris, litter,or other unclean or unsightly condition caused or created by the operation. IV. Term of lease. The term of this lease shall begin upon execution by both parties("Effective Date"), and expire 11:59 p.m. on September 30,2024, unless earlier terminated by either Party by the method established herein. The lease term shall automatically be renewed from year to year thereafter, until September 30, 2026, unless written notice of termination is given by either party to the other in the manner set forth herein. Tenant shall be deemed to have occupied the Lease Premises for purposes of commencing the Term as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease, Tenant shall be responsible for each and all of the following. A. Rent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and expenses for all utilities in connection with the Premises, including the cost of electricity or other fuels or power sources, water and sewer services, and waste disposal services. Land line telephone service is not available at the premises. B. Season close-out. Within seven(7)days of the last day of operation each year,Tenant shall complete each and all of the following: 1. Deep clean the Lease Premises, to include: descaling sink, faucets, and knobs; wash walls, doors, cabinets,and vents; remove all debris from and scrub floors; disinfect all surfaces; wipe out and sanitize garbage cans and recycling bins; empty and disinfect all cabinets; defrost freezer; and disinfect microwave,refrigerator, freezer, and other food storage or preparation areas. 2. Remove all perishable items from the Lease Premises; 3. Unplug all equipment; 4. Upon request of Landlord, remove some or all of Tenant's equipment and personal property from the Lease Premises so Landlord can perform routine maintenance and repair; and 5. Obtain written approval from City that the tasks set forth in this section have been completed satisfactorily, and that the Lease Premises can be closed for the season in a clean and sanitized condition. C. CriminaI background check. Tenant, and each and all of Tenant's employees working at the Lease Premises or any person present within the Lease Premises pursuant to Tenant's invitation or consent, shall first undergo a criminal background check. Tenant will be responsible for the cost of background checks for all employees. Tenant shall not allow any employee or person to be present within the Lease Premises whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. D. Personal property taxes. If applicable,Tenant shall pay, prior to delinquency, all personal property taxes payable with respect to all personal property of Tenant, including any and all inventory, equipment, floor, ceiling and wall coverings, furniture and/or trade fixtures kept or used in or on the Lease Premises, and any improvements to the Lease Premises that are owned by and separately assessed to Tenant("Property of Tenant"). SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 2 Page 306 Item#10. E. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein regarding early termination, upon expiration of the Lease term or earlier termination of the Lease, whether by lapse of time or otherwise, Tenant, at Tenant's sole expense, shall: 1. Remove the Property of Tenant; 2. Repair and restore the Lease Premises to a condition as good as received by Tenant from Landlord, reasonable wear and tear excepted; and 3. Promptly and peacefully surrender the Lease Premises and yield up possession to Landlord_ Any Property of Tenant left on the Premises after the expiration or termination of the Lease shall be deemed to have been abandoned and shall become the property of Landlord. Tenant shall be Gable for all costs associated with the removal and/or disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Lease Premises or removing and storing the Property of Tenant and/or other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in surrendering the Lease Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. F. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Tenant accept the Lease Premises"as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises, physically and legally, for its intended use. G. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Premises or to any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions,changes, alterations or improvements to the Premises. H. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. I. No assignment or subletting. Tenant shall not,without first obtaining Landlord's consent: (1) sell, assign, mortgage, or transfer this Lease or any interest therein; (2)sublease all or any portion of the Lease Premises; or(3) allow the use or occupancy of the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. J. Compliance with ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans with Disabilities Act of 1990, Public Law No. 101-336,42 USC 12101 et. seq. as it may be amended from time to time("ADA"). SETTLERS PARK CONCESSION BUILDING LEASH AGREEMENT 2022-2024 PAGE 3 Page 307 Item#10. K. No Hazardous Substances. Tenant specifically agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment(or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in, on, or about the Premises. L. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss,damage, costs, attorneys' fees,and all other expenses on account of claims of lien of laborers or materiahnen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the claim, plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then, in order to protect the Lease Premises and Landlord against such claim of lien, Landlord may, but shall not be required to, pay the claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord,and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. M. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from any loss, liability, claim,judgment, or action for damages or injury to Tenant,to Tenant's personal property or equipment, and to Tenant's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Landlord or its employees. Tenant further agrees to indemnify and hold Landlord harmless from any loss, liability,claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Tenant or by Tenant's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Landlord or its employees. If any claim, suit or action is filed against Landlord for any loss or claim described in this paragraph, Tenant, at Landlord's option, shall defend Landlord and assume all costs, including attorney's fees,associated with the defense or resolution thereof,or indemnify Landlord for all such costs and fees incurred by Landlord in the defense or resolution thereof. N. Insurance. 1. Comprehensive Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Lease Premises,having a combined single limit of not less than one million dollars($1,000,000)per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000)per accident or SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 4 Page 308 Item#10. occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Lease Premises and any other property used or useable by Tenant. 2. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the term of this Lease insurance covering all of Tenant's and Landlord's furniture and fixtures, machinery, equipment, inventory, and other personal property owned or used by Tenant in, on,or about the Lease Premises. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed regardless of the cause of such damage; however, if this Lease ceases due to early termination due to damage or destruction as described herein,Tenant shall be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal Property. 3. Worker's Compensation Insurance.Tenant shall purchase and maintain in force throughout the term of this Lease workers' compensation insurance on any and all persons in Tenant's employ, in the minimum amount(s)as required by Idaho law. 4. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty(30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s)of insurance carried and maintained by Tenant. 5. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant, Landlord has the right to terminate the Lease. Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 6. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which would(a)jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of any insurance applicable to the Building to an amount higher than it otherwise would be for the general use of the Building; or(c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Lease Premises. VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for each and all of the following. A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the structural portions of the Lease Premises, including,but not limited to, the electrical systems, roof, and structural integrity of the premises, unless such maintenance or repairs are required as SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 5 Page 309 Item#10. a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten (10)days of Tenant's receipt of Landlord's itemized invoice therefor. B. Fixtures and applicances. The parties acknowledge that fixtures and appliances owned by Landlord, as described in Exhibit C hereto, are present on the Lease Premises. All such fixtures and appliances shall be placed in good working order by the Effective Date at Landlord's sole expense. During the Term, Landlord shall repair and maintain equipment owned by Landlord. C. Entry and inspection. Landlord, at all reasonable times, and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection, cleaning, repairing,altering, maintaining or improving the Lease Premises, subject to Tenant's reasonable security requirements. D. Property insurance. Landlord shall maintain insurance on the Lease Premises. The insurance required in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. VII. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed Tenant shall not be considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this Lease, Tenant shall be acting as an independent contractor, and neither Tenant nor any officer, employee or agent of Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or responsibility to exercise any rights or power vested in Landlord. B. Notices.All notices to be provided under this Agreement shall be in writing and addressed as follows: If to Tenant: If to Landlord: Daisy's Italian Ice &Gelati LLC City Clerk,City of Meridian Attn: Julie Scarborough 33 East Broadway Avenue 2401 N. Heath Avenue Meridian, Idaho 83642 Boise, Idaho 83713 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. C. Early termination due to damage or destruction. In the case of damage to the Lease Premises or decreased park use due to Force Majeure, Tenant shall immediately notify Landlord. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, pandemic, fire, flood, vandalism, accident, governmental acts, threats to human health or safety, and other like events that are beyond the reasonable anticipation or control of Party affected thereby. If the Premises or Building are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use, Landlord may immediately terminate this Lease. D. Default or breach; cure; termination. If Tenant is in breach or default of any of the terms, SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 6 Page 310 Item#10. covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or default within ten(10)days of written notice thereof, this Agreement, and all rights of Tenant in and to Premises, at Landlord's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Tenant's failure or refusal to cure as hereinbefore provided,Landlord may,upon three(3)days' notice,enter into and upon the premises, take possession thereof and expel Tenant therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies Landlord may have. Tenant shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by Landlord in recovering the Premises hereunder. The rights, privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative, and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. E. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Lease shall not be construed as a waiver of any subsequent breach or default of the same or a different term,covenant or condition,nor shall such waiver operate to prejudice, waive, or affect any right or remedy Landlord may have under this Agreement with respect to such subsequent default or breach by Tenant.The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. F. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including,but not limited to,annexation, rezone, variance, permitting, environmental clearance,or any other action allowed or required by law or conveyed by City Council. G. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease,shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required precursor to litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. H. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed,religion, sex, marital status,national origin or ancestry, in the leasing, subleasing,transferring, use, occupancy, tenure, or enjoyment of the Premises. 1. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. J. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 T'.-%t F 7 Page 311 Item#10. K. Entire agreement. This Agreement and the Exhibits hereto contain the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No oral or written inducements to execute this Lease have been made to Tenant. In entering into this Lease, Tenant relies upon no statement, fact,promise or representation,whether express or implied, written or oral, not specifically set forth herein in writing. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TENANT: STATE OF IDAHO } DAISY'S ITALIAN ICE & GELATI LLC ) ss: County of -0Qf ) , nn I HEREBY CERTIFY that on this SV k day of rV�t^ ML�,,,f L , 2022, beforc the undersigned, a Julie Scarb rou anager Notary Public in the State of Idaho, personally appeared Julie Scarborough, proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. DIANA MONTGOMERY IN WITNESS WHEREOF,I have hereunto set my hand and Notary Public affixed my official seal,the day and year in this certificate State of Idaho first above written. Commission No. 20211604 r o ary Public for Idaho Residing at3�3� EL&Icc R JW-6c14 n, ,Idaho My Commission Expires: Cam+1 OS 1 ZU Z:3— LANDLORD: Attest: CITY OF MERIDIAN Robert E. Simison, Mayor 4-19-2022 Chris Johnson, City Clerk - - 022 STATE OF IDAHO } ):ss County of Ada } On this 19tWay of April ,2022,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at_ Meridian ,Idaho My Commission Expires: 3-28-2022 SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT2022-2024 PAGE 8 Page 312 Item#10. EXHIBIT A REQUEST FOR PROPOSALS SETTLFRS PARK CONCESSION BUILDING LF.ASF AGRFFMFNT 2022-2024 PAGE 9 Page 313 Item#10. FORMAL REQUEST FOR PROPOSALS PROJECT SPECIFICS & SCOPE OF WORK CITY OF MERIDIAN Meridian, Idaho 83642 BACKGROUND / PURPOSE The City of Meridian is soliciting proposals from respondents to provide Concession Services at the Settler's Park Concessions Building. Settlers Park is a 57.7 acre park located at 3245 N. Meridian Road on the NW corner of Meridian Road and Ustick Road. Amenities at the park include several grass sports fields, a fishing pond, 8 baseball/softball fields (baseball/softball fields contain their own concessions buildings), 7 full-size tennis courts with 6 of those 7 courts dual striped for pickleball, 3 pickleball courts, 16 horseshoe courts, 3 reservable picnic shelters, walking paths, and the Adventure Island Playground which includes a large universally accessible playground, swings, climbing boulders, and splash pad. The concessions building is located in the middle of the park within close proximity to the Adventure Island Playground, sports fields, picnic shelters, and horseshoe courts. The interior of the concessions building is 22' x 15 1/2'. Equipment included in the concessions building that will be available for use by the successful proposer include a three-compartment sink, hand washing sink, mop sink, refrigerator, chest freezer, and microwave. All other food preparation and storage equipment will need to be provided by the successful proposer. SCOPE OF SERVICES / SPECIFICATIONS Dates/Times of Service. The successful proposer will be required to be open daily, Monday- Sunday, while traditional calendar schools are out for summer (TBA). In addition, the successful proposer must be open weekends from Memorial Day weekend through Labor Day weekend. Minimum times of operation are 12:00am7:00pm on all open days with the exception of dates when outdoor movies are shown at Settlers Park. On such dates, (11-12 dates in June, July and August) the concessions stand must stay open until the movie is over which varies from 10:45pm- 11 :45pm depending on the date of the show and the length of the movie or close at a time requested by the City Parks and Recreation Events Coordinator. Additional dates and/or times of operation may be requested by Meridian Parks and Recreation based on activities scheduled at the park. The successful proposer may choose to be open during dates and times that exceed these minimums. However, hours must stay consistent through the summer. By City Code, the park closes daily at one-half hour after sunset unless otherwise ordered or allowed by the Department Director in writing. Exceptions to the minimum dates and hours of operation may be allowed in the event of adverse weather or other prohibitive conditions. Additional Requirements. Upon selection, the successful proposer must: • Have or obtain all necessary Central District Health Department permits. SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 10 Page 314 Item#10. • Provide a copy of their current liability insurance policy with the City of Meridian named as additionally insured. • Negotiate and enter into a separate, detailed lease agreement with the City of Meridian establishing terms and conditions of operation in Discovery Park. This lease agreement will be for a term of 3 years with two additional one-year options unless otherwise negotiated between the successful proposer and the City of Meridian. • Undergo and pass a criminal background check. The cost of the successful proposer's background check will be paid for by the City of Meridian (no more than one individual). • If employing one or more persons to work in the concession building, provide worker's compensation insurance and require all employees to undergo a criminal background check through the City of Meridian. The successful proposer shall not employ any person to work in the concession building whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. The cost of all employees' background checks each year will be paid for by the successful proposer. The current cost of a background check is $1 8.50. • Provide complete sales totals to Meridian Parks and Recreation at the conclusion of the season. GUIDELINES / CONTENT To be considered responsive, proposals should address all items identified in this section. Please note: Some items require that the Proposer provide a detailed response and/or attachment. Failure to provide a complete response may be grounds for rejection of proposal. Furthermore, proposals should be prepared in such a way as to provide a straightforward and concise discussion of the Proposer's ability to provide the services that can best satisfy the requirements herein and the needs of CITY. Elaborate or unnecessarily lengthy documents are discouraged. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements and on completeness and clarity of content. In order to facilitate evaluation and comparison, proposals should be submitted in the format described in this section. Format instructions must be adhered to. All requirements and requests for information in the proposal must be responded to. All requested data must be supplied. Failure to comply with this requirement may be cause for rejection. Criteria necessary to evaluate the proposals in relation to the service being sought are included in the RFP documents and will be established and weighted. At a minimum, criteria will include, experience, references, compliance to the specifications and requirements for the service provided that the City may use to award contracts to the Proposer it determines appropriate. 2of3 SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 11 Page 315 Item#10. SUBMITTAL REQUIREMENTS Letter of Introduction: Generally, describe your business experience. Prior Concession Experience: Summary of Experience. Provide a summary of Proposer's direct experience, which should be a minimum of three (3) years in the past five (5) years, and qualifications managing similar operations in the Concessions field. Operating Plan: Proposer shall submit an Operating Plan. All aspects of the Operating Plan, including menu, proposed fees & schedule. Proposed Concession Employees: Summary of Employees' Qualifications. Each of the Proposer(s) must provide information regarding the personnel who will participate in carrying out the terms and conditions of the Agreement. In the event an individual has not been selected for a particular position at the time the proposal is submitted, a listing of the experience and qualifications that will be utilized in the selection process must be provided. Proposed Lease Payment Provide proposed lease payment to operate the concession stand at Tully Park as described in this Request for Proposals. List as a percentage of gross sales. Proposed Menu Provide proposed product menu and proposed prices. BASIS FOR SELECTION This Request for Proposals will be evaluated utilizing the criteria listed below. History from the current and previous projects and customers of the respondent may be used to evaluate some of the criteria. a. Prior Concession Experience (40 Points) b. Operating Plan (25 Points) C. The ability of respondent to independently perform the scope of work (15 Points) d. Proposed lease payment (percentage) (10 Points) e. Proposed menu and prices (10 Points) BONFIRE SUPPORT The City uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. You can also visit their help forum at hffps:Hbonfirehub.zendesk.com/hc 3of3 SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 12 Page 316 Item#10. Letter of Introduction Daisy's Italian Ice&Gelati is a family run business in operation since 2013, being the first to bring East coast style Italian Ice and Gelati to the Treasure Valley.We have served the local community through the Settlers Park concession stand and fairs and festivals across the valley.We are community minded, providing annual donations of our much-loved frozen dessert to several organizations including Meridian Public Library, Big Brothers and Sisters of Southwest Idaho,The Dae Lou foundation and local schools. Our unique frozen Italian Ice is homemade on site using fresh ingredients obtained locally when available. Our product is made from fresh fruit blended in an ice cream batch freezer that creates a frozen treat with smooth, ice cream like consistency without the added dairy and is created in a variety of flavors similar to snow cone flavors without the hard crunchy ice and watered-down flavor.Gelati is the modern Italian Gelato, created for ice cream lovers by layering frozen vanilla custard with any of the Italian Ice flavors. In addition to our specialty,we have been able to provide hot foods and other concession items as needed to support the park. SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 13 Page 317 Item#10. Prior Concession Experience Daisy's Italian Ice&Gelati has managed the Settlers Park Concessions for the past 6 years, providing frozen treats to the community as well as hot foods and various concession items as demanded by park goers.We have shown adaptability and flexibility in our service by providing treats for movie nights over the past 6 years as well as working with individual vendors holding events at the park to provide needed concessions. In addition to managing the concession stand,we have been participating in local events for the past 8 years, including the Western Idaho Fair,Canyon County Fair, Meridian Dairy Days,Kuna Days, Eagle Fun Days,Boise Music Festival,Spirit of Boise Nite Glow, Parktacular,City of Meridian 4"of July, Nampa Festival of the Arts, and Art in the Park.We have been invited back to these events year after year, even being moved to a spot on the coveted "food row" at the Western Idaho Fair after our first year,a testament to our superior, unique product and professional management.These experiences have prepared us to manage food service in a fast-paced environment with an emphasis on quality and consistency in our product.In addition,our ability to reach multiple people at events has helped bring new visitors to Settlers Park who come to enjoy our Italian Ice that cannot be found elsewhere in the area. References: • Bill Rapp—President Pacific Northwest National Pickleball Association;408-505-6914; bill@sportsrappmarketing.com • Rance Pugmire--Sr. Marketing Consultant Townsquare Media Boise; 208-794-3832; Rance.Pugmire@townsquaremedia.com • Rebecca Simonis—Event Coordinator Western Idaho Fair; 208-866-3679; rsimonis@expoidaho.com • Renee White—Meridian Parks& Recreation; rwhite@meridiancity.org SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 14 Page 318 Item#10. Operating Plan Customer engagement:Over the years we have heard from customers that they were not aware of the concession stand being open in the park. Our solution to this has been to add signage, enlarged poster photographs of our product and Air.Our customer base is generated from park goers and as we reach new customers at events has expanded to those who live in different areas of the valley.The uniqueness and quality of our product has Idahoans outside of Meridian visiting Settlers Park for their favorite summer treat.Customers receive friendly,efficient service from our employees who serve fresh, homemade product and process the entire sales transaction at once using our Square Point of Sale system. Labor requirements:Over the past 6 years at Settlers,we have had a range of 5-7 employees.We can run the concession stand with 1-2 employees on the weekdays,2 to 3 employees on the weekends and 4 to 5 employees on Friday movie nights or during park events and sports tournaments. Facilities requirements:The park concession stand currently contains all requirements needed to make our Italian Ice and custard as well as hot foods that are available on weekends,movie nights,and during events.We can store concession food items as well as utilize the dishwashing, hand washing and mop sinks to effectively make our product and manage the concession stand. Equipment requirements:The park contains a refrigerator that is utilized for cold storage items and one freezer. We provide additional freezers,grill, popcorn machine, nacho heating station, and the batch freezer needed to store and create all products sold in the park. Schedule:We will be open weekends from Memorial Day until Labor Day and include additional weekends before and after these dates as weather permits.We will be open daily(Sunday through Monday) beginning in early June when local schools get out through the end of August when school resumes. Our hours of operation will be 12pm-7pm at a minimum but will generally extend until 8pm or 9pm during summer as daylight hours increase. Movie nights we will remain open until the end of the movie. Proposed fees include Central District Health Food Establishment License which we have already obtained as well as business liability insurance and Workman's compensation insurance which we also already pay on a monthly basis.All the equipment used to make and store our products has already been obtained and paid for. Menu:We will always fully stock regular concession items such as soda,candy,chips, sports drinks and water.We will also stock needed items to prepare frozen and hot foods fresh,based on demand.We offer samples of Italian Ice to customers throughout the park and often encourage parents to purchase Italian Ice for themselves, rather than just their kids,once they realize we are not selling the standard snow cone.See below for our full menu. SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page IS Page 319 Item#10. Italian ice and Gelati mend ++ ItAILEA let Small$3•5o Regular$S _ Large$6.So celad Regular$S w , Large$7 11, S992M Custard dlman K RecaUr ls.so speeta"Oelatl Regular" lAwge>fe rtodwt details: •*Note tWt an item are Laneeraned using grab pleat fruit w ben avaiJable. Italian toe•Iresil Irttet Mended w[th sugar%m thr sAner procrti..1s Ice cream to creAlr Irtit) Iroien drssert sem1lAr to sorbet.IIitr)free and ritllt-et Irve.I-Lavvr%Iltcludr tnAry;n,ltrawlterry,therr),blur rasphrre-,orange WOM"Arill other daily ftA%or%. Gelad.our homenur4r It AIIa[l ice IA)ernl Wttlt VAtillA We Creaul 11r0ZM Custard•hick rr teun Ice cream hitI .vnh Ihr same tie]ICI nut taste.We nlakr I it P}ire sit dal l) wtlh Ilavors utt l it:I twA3 I rIN 1/ttCl tell IsIg fInnee II Cleerr lr%.IVC.1IIy'grt.%[I W469W bwrrles,aid►tr.[wberrtrs, OSpeeialty Gelatis•contain our Italian Ic<•Alld Ifo/rut cull Ar.1 Alfin("$Ih Fill%Mt to cffeAie frasxn ties*errs my bluer,Strawhrrrr 'Marl CAkr,S'[Iln rr s,and 1Sr1, I I[ar per, other concession items: Hot food items Beverages Snack items Fresh popped popcorn$2.75 Soda (cans) $1.50 Candy(large)$1.50 Charbroiled Cheeseburger$3.25 Water Bottles$2.00 Candy(small) 3 for$1.00 Nachos with Cheese Sauce$3.00 Italian Soda$3.00 Chips$1.00 Soft Pretzel with Cheese$2.50 Flavored Lemonade-$2.50 Energy bars$2 Hebrew National"Ali Beef' Hot Fresh Squeezed Lemonade$2.00 Cotton Candy$2.50 Dog$2.75 SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 16 Page 320 Item#10. Proposed Concession Employees Our primary employee is owner Julie Scarborough.Julie has been managing Daisy's Italian Ice&Gelati for over 8 years, including the day-to-day operations,coordinating events,managing employees, maintaining business plans and bookkeeping.Julie has a master's degree in Business Administration along with over 25 years of experience as a project manager and people manager at Citibank.She is also involved in community service activities including facilitating groups at her church and running a Girl Scout troop.Julie also runs neighborhood events in her role as Social Committee President.All these experiences enable Julie to effectively run an efficient company while managing employees to provide excellent levels of service. Todd Scarborough is Julie's husband and handles creating the products,stocking supplies and building relationships with vendors and customers_Todd is the idea guy who embraced the opportunity to introduce his favorite childhood treat to residents across the Treasure Valley. He has a bachelor's degree in Health Sciences along with 20 years in the food industry. in addition to Todd and Julie,over the years we have employed teens from our church,our teenage daughter and her friends and other teens from the local community around the park.We have several employees that return year after year when they are home from college for the summer.All our employees have passed background checks and have extensive one on one training to be able to work in a fast-paced environment while providing friendly,efficient service and a high-quality product.Our selection process includes references, prior experience in customer service, particularly food service, and experience working or volunteering with individuals of all ages. SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 17 Page 321 Item#10. Proposed Lease Payment We are proposing a lease payment equal to 20%of our monthly net sales to be paid on the first business day of the following month. SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 Page 18 Page 322 Item#10. EXHIBIT B PAY SCHEDULE A. Amount. Tenant pay Rent to the Landlord in the amount of twenty percent(20%)of gross sales taking place in the previous month. B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (loth)calendar day of each month. Along with the monthly payment, Tenant shall submit a breakdown of monthly sales totals. C. Accounting required. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall,with reasonable notice, allow Landlord to inspect said books and receipt records. SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGE 19 Page 323 Item#10. EXHIBIT C LANDLORD'S FIXTURES AND APPLIANCES 1. Three compartment sink 2. Handwashing sink 3. Mop sink 4. Water heater 5. Microwave 6. Refrigerator 7. Freezer SETTLERS PARK CONCESSION BUILDING LEASE AGREEMENT 2022-2024 PAGF 20 Page 324 E IDIAN�--- JAMu AGENDA ITEM ITEM TOPIC: Resolution No. 22-2321: A Resolution Approving a Lease Agreement Between the City of Meridian and Daisy's Italian Ice & Gelati LLC for Lease of City's Concession Building at Discovery Park, Located at 2121 E. Lake Hazel Road, in Meridian; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date Page 325 CITY OF MERIDIAN RESOLUTION NO. 22-2321 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERRAULT, STRADER A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND DAISY'S ITALIAN ICE & GELATI LLC FOR LEASE OF CITY'S CONCESSION BUILDING AT DISCOVERY PARK, LOCATED AT 2121 E. LAKE HAZEL ROAD, IN MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian owns Discovery Park, located at 2121 E. Lake Hazel Road, in Meridian, Idaho,which park includes a concession building adjacent to the splash pad ("Lease Premises"); WHEREAS,the City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which, in the judgment of City Council, the City deems to be in the public interest; WHEREAS,the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Daisy's Italian Ice & Gelati LLC ("Tenant") serves the public interest, and further finds that the Lease Premises are not otherwise needed for City purposes; WHEREAS,pursuant to Idaho Code section 50-1407, the mayor and council hereby authorize the lease of Lease Premises to Tenant, pursuant to the terms and conditions of the Lease Agreement for Concessions Operations at Discovery Park between the City of Meridian and Tenant, entered into contemporaneously herewith; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the Lease Agreement for Concessions Operations at Discovery Park between the City of Meridian and Tenant, entered into contemporaneously herewith, are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of , 2022. RESOLUTION FOR APPROVAL OF LEASE AGREEMENT Page 326 FOR CONCESSIONS OPERATIONS AT DISCOVERY PARK PAGE 1 APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of April , 2022. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk 4-19-2022 RESOLUTION FOR APPROVAL OF LEASE AGREEMENT Page 327 FOR CONCESSIONS OPERATIONS AT DISCOVERY PARK PAGE 2 Item#12. E IDIAN�--- JAMu AGENDA ITEM ITEM TOPIC: Resolution No. 22-2322: A Resolution Approving a Lease Agreement Between the City of Meridian and Daisy's Italian Ice & Gelati LLC for Lease of City's Concession Building at Meridian Settlers Park, Located at 3245 N. Meridian Road, in Meridian; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date Page 328 APPROVED by the Mayor of the City of Meridian, Idaho, this 19th day of April , 2022. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk 4-19-2022 RESOLUTION FOR APPROVAL OF LEASE AGREEMENT Page 330 FOR CONCESSIONS OPERATIONS AT SETTLERS PARK PAGE 2 CITY OF MERIDIAN RESOLUTION NO. 22-2322 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERRAULT, STRADER A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND DAISY'S ITALIAN ICE & GELATI LLC FOR LEASE OF CITY'S CONCESSION BUILDING AT MERIDIAN SETTLERS PARK, LOCATED AT 3245 N. MERIDIAN ROAD,IN MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian owns Meridian Settlers Park, located at 3245 N. Meridian Road, in Meridian, Idaho, which park includes a concession building adjacent to the splash pad("Lease Premises"); WHEREAS,the City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which, in the judgment of City Council, the City deems to be in the public interest; WHEREAS,the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Daisy's Italian Ice & Gelati LLC ("Tenant") serves the public interest, and further finds that the Lease Premises are not otherwise needed for City purposes; WHEREAS,pursuant to Idaho Code section 50-1407, the mayor and council hereby authorize the lease of Lease Premises to Tenant, pursuant to the terms and conditions of the Lease Agreement for Concessions Operations at Discovery Park between the City of Meridian and Tenant, entered into contemporaneously herewith; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the Lease Agreement for Concessions Operations at Meridian Settlers Park between the City of Meridian and Tenant, entered into contemporaneously herewith, are just and equitable, and the same is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 52022. RESOLUTION FOR APPROVAL OF LEASE AGREEMENT Page 329 FOR CONCESSIONS OPERATIONS AT SETTLERS PARK PAGE 1 Item 13 E IDIAN;--- AGENDA ITEM ITEM TOPIC: Ada County Sheriff Updates Page 4 Sheriff Matt Clifford The Ada County Sheriff’s Office is the largest Ada County waterways.and the cities of Eagle, Kuna and Star as well as Deputies patrol unincorporated Ada County local law enforcement agency in Idaho. Over 800 employees that work across five bureaus:Communications•Administrative•Court•Jail•Police• Police Services School Resource OfficersCrime LabDetectivesACTIONNarcoticsSWAT9-KPatrol Jail Services to 108 participants.The Community Transition Center houses up inmates.The Ada County Jail can house up to 1,116 Warehouse ServicesJail EducationHealth ServicesClassificationsProcessingH ousing Court Services Court SecurityTransportsCivil DivisionMisdemeanor ProbationPretrialAlternative Sentencing Administrative Human ResourcesFinanceFleet ServicesData Analytics & IntelligenceVictim ServicesConcealed WeaponsDriver’s License Property & EvidenceRecords Services Communications 400–Texts to 911 •235,493–emergency calls -Non•154,406–911 calls •Total calls in 2021: 389,899movement within the County.Emergency Medical Service (EMS) Center coordinates all police, fire, and The Ada County Emergency Dispatch We make safer places for you to Item#14. E IDIAN:--- IDAHO AGENDA ITEM ITEM TOPIC: Ada County Impact Fee Discussion L33l V J � O +� N � o O 4� 0 � 4� � 4-j 4� v Q lu LaLUl O N 0 � " Q) Ln Q � Q � a- U E ° ° -j O Ln >, X +-+ •— E v un E O `n X _ N O •� U u U > Q � O � '— � Ln U — V � � u te � � E � Q V E a -+ •� O ca U � cn •�, � � Ou U � N � V " •" LL — Q }' O (1) � O O >, _O Q Q — � }, Q c Ln E 0 � � N can N >1 ca cn U E }, a--j O N � �. U L O V U N J c_n U > 0- C 'Oo co '> _ LE v) E w E U 0) E'+_+ c LL D a=' ate N i ckn E U U N � V O cn � � Q �_ N 0 ' •cn _ N V L7 N c6 O O O _ O v N 0 O Q NO OU O O cn N � 'L Q E — O N J m CL (!1 -0 V1 N (a lD N r-1 en00 O 00 O Ln 00 0 0 m m t.0 O O O O H H N Q) Q1 LL C +�+ Q �..r O O Q) O O O O V LA O O O CL E Z3 =3 =3 :3 O a s a- a- O Z >. Ln V) V) Ln z �u .0 IA E E a a 7 tY Z Z d off V I Z H H H H fA Ln LL 4- j V Cu 0 Q n Ln LL � V Q Q (6 >_ E V O 4-j > V vi Q O � x '- O Ln V ,0Ln .� Q O v + cn N c�6 '+J to V 0) _N 4-j O a� O � � 0 N :� +-j X � N Ln I V O a--a i 4-1 cn .E cn N V i N tA cn a--' N N � LL F- _O Q � N N > O 4-� Q cn _O 4-1 +- _0 O O U Sri U ca � Q � 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Community Development: Attainable Housing Discussion Page 337 Item#15. C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Caleb Hood, Community Development Meeting Date: April 19, 2022 Presenter: Caleb Hood Estimated Time: 30 Minutes Topic: Attainable Housing Recommended Council Action: Discussion and direction for next steps to further housing attainability. Background: Housing costs in the Treasure Valley are at historic highs and supply is struggling to keep up with demand. The City has some existing tools that address housing choice and encourage housing options for all,but those tools do not necessarily or directly address the cost of providing housing. Staff would like to review some of the current policies and programs (tools) the City has regarding housing attainability and share some ideas to see if there is any interest in pursuing additional or enhance existing policies and/or programs related to housing in Meridian. This is a very complex topic with many variables, data sets, studies and opinions. For the purposes of this memo, Staff is using the term "attainable housing" to express that the implied goal is for housing to be available to meet the need in the community. Generally, the lending industry standard is that no more than 30-35% of a household's income should be spent on housing. With the rising housing costs, and a competitive market, it is becoming more and more difficult to acquire housing in our area. Therefore, Staff believes that some effort should be put forth to try and positively impact the current housing situation. The City plays a role in the housing equation,but this problem is bigger than the City, the region or even the State.Any substantial, positive impact the City is to have on the housing attainability problem must include partnerships and collaboration. There are many variables that tend to drive prices higher- supply, demand, cost of land, availability and cost of building materials and labor to build-which the City has little to no influence over. Further, cities in Idaho are fairly limited in what programs may be implemented; the State has preempted cities from enacting many local ordinances allowed in other States. For example, in Idaho a City cannot require affordable housing units of a developer,where many other States do allow or even require inclusionary zoning practices. This memo and the discussion next week, does not dwell on potential changes to State Code but instead puts forth some viable options currently allowed by law that could have a positive impact on housing acquisition. The City of Meridian is a HUD designated entitlement community with a Community Development Block Grant (CDBG) program which addresses fair housing and analyzes affordability and any impediments to housing choice. Late last year,the City initiated the development of the 2022- 2026 Consolidated (Con) Plan - a 5-year workplan that lays out potential projects using CDBG Page 338 Item#15. funds. The City's consultant will be completing a housing market analysis that will look at the number of housing units, cost of housing, condition of housing, needs in our community, etc. as part of the Con Plan development, which should be adopted this summer. There will likely be some overlap, and more detailed information and data presented as part of the City's Con Plan discussion and adoption. Request: In advance of the presentation of the City's consultant's housing analysis and recommendation to the Council of the Con Plan, Staff has created a list of tools (below). This list is in table format and includes information on each identified tool that is either: 1) currently being used by the City, 2) not being currently used,but shows some potential for further investigation, or 3) might be used in the future but not immediately. In each of these three levels, Staff includes recommendations that are primarily based on how successful the tool may be. This is expressed in a cost-benefit column with the cost largely representing staff time to research and implement and the benefit side being loosely defined as how popular the tool may become. This list of existing and potential tools that may positively affect housing attainability is not exhaustive,but hopefully gives Council a good idea of what Meridian is currently doing and a sense of what additional steps may be warranted. Potential funding sources, grants and partnerships have not been comprehensively identified in the table below.At this point, Staff has identified some of what we do to positively impact housing choice and cost and included some additional options and recommendations. Staff is asking Council what, if any, policies and/or programs should be explored further.After this initial discussion, Staff envisions following-up with Council to present additional information and more detailed research so Council can better understand the level of effort and cost-benefit of the options. 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