The URL can be used to link to this page

2022-04-26 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 26, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Treg Bernt Councilman Joe Borton ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 1. Approve Minutes of the April 6, 2022 City Council Joint Meeting with West Ada School District 2. Approve Minutes of the April 12, 2022 City Council Work Session 3. Approve Minutes of the April 12, 2022 City Council Regular Meeting 4. Artemisia Subdivision Pedestrian Pathway Easement 5. Central Valley Baptist Church Water Main Easement No.1 6. Hickory Warehouse Water Main Easement No. 1 7. I-84 + Meridian Commercial Development Emergency Access Easement Agreement No. 1 8. LDIR-2021-0001 Emergency Access Easement Agreement No. 1-2021 9. Quartet Northeast Subdivision No. 1 Sanitary Sewer & Water Main Easement No. 1 10. Final Order for Oakwind Estates No. 2 (FP-2022-0006) by Kimley Horn, Located at 6180 W. McMillan Rd. 11. Final Order for Woodcrest Townhomes (FP-2022-0010) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Dr. 12. Findings of Fact, Conclusions of Law for Copper Canary (H-2022-0009) by ALC Architecture, Located at 2590 N. Eagle Rd. 13. Findings of Fact, Conclusions of Law for Denial for Eagle Crossing (H-2021-0104) by Wadsworth Development Group, With the Project Location Encompassing the Five Existing Lots Located at the Southwest Corner of S. Eagle Rd. and E. Ustick Rd. 14. Development Agreement (Lennon Pointe H-2021-0071) Between the City of Meridian and Lane Development, LLC (Owner/Developer) for Property Located at 1515 W. Ustick Rd. 15. Memorandum of Agreement Between the City of Meridian and Republic Services for the Collection, Hauling, and Disposal of Grit Material from the Wastewater Resource Recovery Facility 16. Memorandum of Agreement between the Meridian Fire Department, Boise Fire Department and Ada County Emergency Medical Services for purchase of an Advanced Life Support Simulation (ALS) Mannequin 17. City of Meridian Financial Report - March 2022 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 18. Mayor's Youth Advisory Council Activities Update 19. Parks and Recreation Department: Cost Recovery Process Update EXECUTIVE SESSION 20. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun In to executive session: 5:01 pm Out of executive session: 5:56 pm ADJOURNMENT 5:57 pm Item#3. Meridian City Council Work Session April 26, 2022. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, April 26, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton and Treg Bernt. Also present: Chris Johnson, Bill Nary, Steve Siddoway, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will go ahead and call this meeting to order. For the record it is April 26, 2022, at 4:33 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 the adoption -- the adoption of the agenda as published. Cavener: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 6, 2022 City Council Joint Meeting with West Ada School District Page 57 Meridian City Council Work Session Item#3. April 26,2022 Page 2 of 13 2. Approve Minutes of the April 12, 2022 City Council Work Session 3. Approve Minutes of the April 12, 2022 City Council Regular Meeting 4. Artemisia Subdivision Pedestrian Pathway Easement 5. Central Valley Baptist Church Water Main Easement No.1 6. Hickory Warehouse Water Main Easement No. 1 7. 1-84 + Meridian Commercial Development Emergency Access Easement Agreement No. 1 8. LDIR-2021-0001 Emergency Access Easement Agreement No. 1-2021 9. Quartet Northeast Subdivision No. 1 Sanitary Sewer & Water Main q Easement No. 1 10. Final Order for Oakwind Estates No. 2 (FP-2022-0006) by Kimley Horn, Located at 6180 W. McMillan Rd. 11. Final Order for Woodcrest Townhomes (FP-2022-0010) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Dr. 12. Findings of Fact, Conclusions of Law for Copper Canary(H-2022-0009) by ALC Architecture, Located at 2590 N. Eagle Rd. 13. Findings of Fact, Conclusions of Law for Denial for Eagle Crossing (H- 2021-0104) by Wadsworth Development Group, With the Project Location Encompassing the Five Existing Lots Located at the Southwest Corner of S. Eagle Rd. and E. Ustick Rd. 14. Development Agreement (Lennon Pointe H-2021-0071) Between the City of Meridian and Lane Development, LLC (Owner/Developer) for Property Located at 1515 W. Ustick Rd. 15. Memorandum of Agreement Between the City of Meridian and Republic Services for the Collection, Hauling, and Disposal of Grit Material from the Wastewater Resource Recovery Facility 16. Memorandum of Agreement between the Meridian Fire Department, Boise Fire Department and Ada County Emergency Medical Services for purchase of an Advanced Life Support Simulation (ALS) Mannequin Page 58 Meridian City Council Work Session Item#3. April 26,2022 Page 3 of 13 17. City of Meridian Financial Report - March 2022 Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 18. Mayor's Youth Advisory Council Activities Update Simison: So, we will move right into Department/Commission Reports. First up is Item 18, which is the Mayor's Youth Advisory Council activities update. We will turn this over to Sahand for starters. Rahbar: Mr. Mayor, City Council Members, thank you once again for making the time to include us in your work session. It is my pleasure to introduce two of our amazing MYAC students today to tell you about the wealth of activities that have been going on in MYAC over the past couple of months and the amazing number of activities that are still ahead as we close out the school year over the month of May. So, without further ado I will introduce Audrey Thompson and Sophie Robbins. Robbins: Hello. So, I'm Sophie Robbins. I'm the chair of MYAC this year and I'm a junior at Renaissance High School. Thompson: Hi. My name is Audrey Thompson. I am a senior at Renaissance High School and graduating. Just five weeks left, guys. And we will be presenting to you and updating on the events that have occurred in MYAC in this past chapter. The first item on the agenda is to talk about government affairs. I am the government affairs chair of the Mayor's Youth Advisory Council and a big project of ours in this past has been the youth Page 59 Meridian City Council Work Session Item#3. April 26,2022 Page 4 of — lobby day. During youth lobby day we had all of our members come together and collaborate on a video montage where we talked about the effects of vaping and what we would like legislators to do about it. We did send these videos to the American Heart Association, to which they will be reproduced into advertisements to be put on popular social media platforms, such as Instagram. So, I would consider it a monumental task in the eyes of the Mayor's Youth -- Mayor's Youth Advisory Council in Meridian, Idaho, to be able to have that impact on a national standard on the effects of vaping. Additionally, a recap. Last time that I talked with you guys I was talking about my planning and zoning game and just a quick recap. In an effort to make government affairs more applicable and more realistic, I designed a game about planning and zoning and we introduced that just recently in February 28th to our general city council members and we spent the entire day playing it. It was very interactive and we had sections where people were -- essentially be able to step into the shoes of city council members, as citizens trying to pass bills and as the planning and zoning commission. During this event it was -- it was extremely fun. We -- it was competitive. We had a voting aspect and we even drafted our own city. We trademarked it as Meridianidian. It's like Meridian, but more idians is what they said it was, and we made our own districting map as well. It was a huge success in terms of people having fun, as well as being educated without not even knowing it. Next is community service. Robbins: All right. So, I will be talking about community service. We did a lot of stuff relating to Do The Right in the past couple of months. The first thing is we had a chalk art day in front of City Hall, which, hopefully, you saw before it got washed away. So, over spring break basically different MYAC members volunteered to write uplifting messages and nice drawings out front on the front steps of City Hall, obviously, to sort of spread the joy and cheer of Do The Right. Here is Do The Right in chalk. Our next Do The Right event is that MYAC members walk downtown Meridian to give businesses information and materials, so, specifically, stickers and information packets pertaining to Do The Right Day, just to sort of get the information out about what was going on. Yes. And, then, finally, we had Do The Right community outreach actually at The Village. So, MYAC members walked with the Mayor through The Village to give unsuspecting shoppers Village gift cards. Thompson: Perfect. Now we will continue with leadership development and so I will have Sophie do this one, because she attended the event. Robbins: Yes. The Mayor also attended this event. As you can see in that picture. He played, what, the fickle hand of fate I believe. Yes. MYAC -- or Mad City Money is basically a financial simulation event that allows students to -- it kind of makes financial responsibility more accessible to students by putting it into a game form, so that we can pretend like we are families and having to budget to prepare for the future. At the end of this awesome event some MYACs were also actually interviewed by Cap Ed about their experience, so that was super exciting for us. Next as you guys hopefully know, we have had some City Council and nonprofit panels since last time we spoke. So, one MYAC meeting was, obviously, dedicated to our City Council panel and another one was dedicated to a nonprofit panel. This was also to make these ventures seem more Page 60 Meridian City Council Work Session Item#3. April 26,2022 Page 5 , — accessible to students, so that they could get real information about what it's like to work with local government and also with nonprofits. Actually, this didn't make it onto the PowerPoint, but we just had in our executive council elections yesterday, which was super exciting and something that a lot of members mentioned being impactful were these two panels, because it sort of inspired them to get more involved. Thompson: And if I can add something, I will also add that as we grow as members and executive members of the Mayor's Youth Advisory Council, I would just like to give a shout out to Sophie, because we have had many speakers come two MYAC and endeavor to keep people, you know, entertained and interactive in MYAC. I thought that a really successful and ingenious thing was to have a panel of speakers, rather than just one speaker. From this we saw a lot more interactive activity and it was more like a discussion, rather than somebody just talking to the MYAC general members. So, that's something that we actually plan to grow from and incorporate into future events and even pass on to the people who are going to be replacing us. Perfect. And -- and, like I said, we are really trying to hit home on giving interactive lessons to the -- to our members, because -- and so we had an event planner, who is a specialist in event planning. Her name is Amanda Presnell. But she actually gave us a professional lesson on how to plan an event and the hypothetical -- hypothetical event was the Mayor's birthday and in the end of it we found out things like how to plan for financial cost, you know, how many people are going to be there, where is the food going to be, where are the -- the toilets going to be, you know, where the escape exits -- and, basically, all the technicalities and logistics behind that and just a fun thing. The theme of the birthday party was Candy Crush. We call it Caddy Crush and we would have it at a golfing course. Robbins: All right. So, now on to some other events. So, firstly, MYAC had a super awesome murder mystery party in that conference room right over there. I was there. This was just sort of an extra social event to sort of draw members in to learn more about what MYAC is and add kind of that social aspect to our club. This was super fun, ran by our amazing advisor Sahand and we did recruit two members from this event. And, then, finally some upcoming events that we have going on. So, on May 21 st we are organizing a senior prom with the Meridian Senior Center. It's going to be award show themed. We are super excited for this event and the people have been doing that is a board of one executive council member, but also general council members, so that they are getting that hands-on experience of event planning as well. We are going to have an end-of-year party in place of our final meeting, sort of wrap up the year, celebrate everybody who has volunteered so far. Also on that day we are going to have a mental health speaker event and we will be making more chalk art and, then, finally, on May 28th we are going to have our peer wellness 5K, which is an event being planned by our community service committee, which is a 5K aimed to bring awareness and raise funds for mental health. Thompson: Okay. Perfect. And before we end, just a quick reiteration. MYAC has really focused on improving from their past events, looking at how to have people not only come to MYAC, but to be more engaged and give them more real life skills. One thing that we are going to do in the future is be reflective on what we have learned as executive members and as we bring on this new council we are going to truly take the time to Page 61 Meridian City Council Work Session Item#3. April 26,2022 Page 6 , — integrate them and mentor them to try to get rid of that way -- leeway between the learning process and actually executing stuff next year as soon as possible. So, hopefully, this extra step into bringing on these new members to the executive board and teaching them about the things that we have learned will help next year's MYAC be even more successful than this one. But it's going to be pretty hard to beat. We have done some pretty awesome things. Simison: Thank you, Audrey. Thank you, Sophie. And we -- we -- based on the elections last night we -- we -- we will have a returning MYAC chair for next year, so, you know, they know -- they already know what the expectations were and set the bar high and -- and at least from the group last time we only had two seniors that were leaving the group from last night and I know there are a few others, but I think that that's just a really strong foundation for next year for people to learn from and the interest in serving in MYAC leadership was amazing from that standpoint. So, it's -- it's -- I have been super impressed. Robbins: Yeah. We had seven people run for one position, which I think was like a modern MYAC milestone. Simison: Council, any questions or comments? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe a comment and a question. First, Audrey, Sophie, Sahand, great. I look forward to your guys' updates every time you come, so thank you. There is some people talking behind your back though. I was at the Association of Idaho Cities spring workshop yesterday and one of the topics was youth councils and there was a lot of conversation about the Meridian Mayor's Youth Advisory Council and the great work the Mayor and the council are doing. So, know that you are making not just an impact here in Meridian, but across the state as well. A lot of people are talking about you and so keep up the great work. And, then, Audrey, I'm just -- I'm curious. You are a senior. You are graduating. What are your plans for the fall? Thompson: This upcoming fall I'm going to go straight to Boise State University. Stay in Idaho, because I love it here. I'm going to major in psychology, hopefully, get my master's in clinical psychology. Cavener: Awesome. Very very cool. Thank you. Great presentation. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 62 Meridian City Council Work Session Item#3. April 26,2022 Page , of — Perreault: Thank you. I can tell the difference. I remember the presentation last year and you have done so many more substantial events that really had meat to them and it seems like a lot more of them, but I just want to also say kudos to you two ladies, because your presentation was fantastic. I mean I was more nervous the first time I stood at that podium than you are today. So, I think you both have a very bright future. But I -- I just want to say I really can see the improvements that you made this year to your calendar and to the types of activities you were doing. So, keep it up. Simison: It's amazing what in person and not having COVID is the forefront for everything you can do from that standpoint. Councilman Hoaglun. Hoaglun: Mr. Mayor. To -- to follow up on that, you know, you have had a difficult past two years, everyone has, and do you think you have -- you have got the -- the MYAC in a place that you can really start moving forward? I mean you have had to rebuild, reengage and kind of start over. How do you feel about the future? Thompson: So, actually, you bring up a great point. I actually -- yes, it was hard rebuilding, but I would actually like to look at that positively, because being able to start from scratch and with a clean slate and being able to reevaluate our values as the Mayor's Youth Advisory Council has I think been one of our factors -- huge factors of success, because we really were able to reestablish and rebuild the foundation of like, okay, why are we here, why are we having people come here, what do we want to get from this and how are we going to make it better. Robbins: Yeah. I think the past couple of years were hard, not just because of COVID, but last year almost our entire executive council graduated, because they were seniors and we also had like a switch in advisor, so it was just kind of a crazy time in general and I think really what Audrey said is super true, which is just we had to go back to, okay, what are we doing and why are we doing it? It's to make government and service accessible to the youth of Meridian and I think we also just got a super awesome executive council, who really knew -- we were able to communicate super well -- Thompson: And advisor. Robbins: And -- and -- and a community service advisor Ashley Jackson. But people have been able to help us along the way, so I feel like right now we are in a really great place to just keep moving onwards and upwards. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: One last thing. So, are you going to go back to that annual tradition at the year end to do the pie in the face of the advisor? I was just -- Cavener: I think it's a good idea. Page 63 Meridian City Council Work Session Item#3. April 26,2022 Page 8 , — Hoaglun: And had heard rumors to that, but I -- I don't know. Robbins: We will have to consult with Sahand about that, but -- Thompson: No comment. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think everybody's done a good job complementing you. We are just so proud to have young leaders like you in Meridian. You are doing a great job. Thank you. Simison: Thank you very much. We look forward to seeing you at the next couple of events. And thanks for being here, Sahand. 19. Parks and Recreation Department: Cost Recovery Process Update Simison: So, next up will be Item 19, which is our Parks and Recreation Department's cost recovery process update. Siddoway: Mayor, Members of Council, it's going to be a tough act to follow, but I enjoyed it as well. I love hearing about all those activities the youth are involved in. This is a big week for us as far as the cost recovery process goes. You have been introduced to the cost recovery process previously through a virtual presentation by Teresa. She's in town this week for a number of sessions where we are sorting -- well, you will hear about it from her, but we are doing a lot of activities this week and she's here for that one to take advantage of her presence in person to be able to come in front of you today and give you an update on where we are at, a little bit more about the process, answer any questions that you have about where we are headed. I promised Todd Lavoie that I would be sure to mention that we are aligning our efforts with the --the city's cost recovery policy that is set for the -- the city through the -- the -- the Finance Department and we do have the Finance Department involved in our various sorting sessions and have been meeting with them today as well. So, without further ado I would like to invite Teresa Jackson up. She's with the company formerly known as GreenPlay, now known as BerryDunn and Teresa. Jackson: Mayor, Council, it's a pleasure to be with -- be here with you this afternoon. Okay. I will get a little closer. Is that better? Okay. And I do have a PowerPoint. Fantastic. Again, Mayor, Council, it's a pleasure to be here with you in person today. As Steve mentioned, I did provide a virtual presentation about 45 to 60 days ago and that -- that presentation was really focused on the steps involved at the cost recovery study and the methodology behind it. So, this afternoon I want to update you a bit as to where we are in the process. So, just as a brief recap for this study we are leaning on the pyramid methodology and you're existing policy actually fits hand in glove with the pyramid methodology. You have an excellent policy in place and what this allows the department Page 64 Meridian City Council Work Session Item#3. April 26,2022 Page 9 , — to do is really to weigh their programs and services against each other, so they can fit into that existing policy. So, as Steve mentioned we met with Finance Department -- with your Finance Department today and we are on track with doing that. So, as a reminder, the pyramid really serves as a framework for conversation. We are using a benefits continuum. So, we are weighing programs and services against each other and those programs and services that provide the largest benefit to your tax paying community will live at the bottom of the pyramid and that's typically your core program. So, things such as your parks and trail system and as you move up the pyramid that benefit to the tax paying community is reduced, so that by the time you are at the top of the pyramid those are the services that are very individualized. So, think concessions, think private lessons, things of that nature. So, an update as to where we are with the process. Over the last 30 days the department has been working to develop categories of service. So, instead of looking at individual programs and placing those on the pyramid, we are looking at categories and so the department has developed 21 categories to represent all the work that they do with the public and those programs and services live within each category. So, they have a clear title, description, and examples and that's ultimately what will be sorted on to the pyramid. Okay. So, today that sorting process did begin. So, we had two workshops with staff. We had about 21 , 1 believe, folks come in and sort those categories onto the pyramid and we put individuals into small groups of three or four, because, really, the value is in building consensus. We all come to the table with different experiences, different backgrounds, and somewhat there is some bias; right? We know that we might have a passion for pickleball or for youth programming, but when you put people into small groups and you ask them to have a conversation about these categories and to express their opinions about maybe why they think it's a significant benefit to the community versus a balanced benefit, you -- you -- those conversations turn into building consensus and so that's what we are looking for, is we are looking for a consensus and, ultimately, we will take the scoring of what we heard from staff and what we heard from the public and look at that data collectively. So, the staff went through that today and tomorrow will be with the public and the only difference with the public sorting process is they will be paired with a facilitator. So, a staff member will be there with them at the table just walking them through those categories, asking questions and also listening to the why behind the reason they selected a specific tier of the pyramid. So, ultimately, we are looking by the end of the week to have a finalized pyramid and so finalized pyramid is where all of those categories should live. Their home tier. So, we will take the data from the staff sorting, as well as the public sorting and the project team will get together on Thursday and a number of the categories both parties are going to think -- they are going to have -- are going to agree on their placement, but we will have a -- a handful of categories, maybe 25 percent, where there is some differences and so those are the ones we are going to focus on understanding why there is differences. Was it a lack of understanding or was it perhaps, you know, staff didn't understand that benefit that the community sees and so we will work through those difference -- differences based on what we learned through averages and scoring, but also through the feedback we get from facilitators as to what they heard at the table. So, again, we are doing those public sessions tomorrow. We have an in-person opportunity at 9.00 a.m. here at City Hall. Council Member Perreault, I believe you are attending that one. That will be a great experience as we continue through this process and, then, we have a virtual opportunity Page 65 Meridian City Council Work Session Item#3. April 26,2022 Page 10 of — at 6:00 p.m. tomorrow night and so we will be using Zoom breakout rooms to facilitate that, so that, again, we can put -- we can do these small groups of three or four, along with a facilitator. So, where we are at now in the month of April is the development of those categories, as well as the sorting of the services on to the pyramid and developing that final consensus pyramid, along with finalizing the approach for the cost of service work. So, what that means is -- what's really important in this process is to understand current cost recovery; right? Not just at the category level, but all the way down at the program level, because in order to set realistic goals for the future we have to understand current conditions and so that was our conversation with the Finance Department. They have done a lot of fantastic work related to this already and so looking at how we can integrate the work that they have already done into understanding of current cost recovery and our process. So, as we finalize that approach, then, we will move into the May time frame and at that point we should have a clear understanding of what current cost recovery is and that will allow us to set our goals for the future and to develop recommendations and action items around those goals, so that if we do have a category that maybe we want to get up to 30 percent cost recovery and it's only at ten, what's the strategy to get there, because it's not always increasing fees. We can also drill down into those expenses; right? What's driving those additional costs? And are there changes that can be made to increase that cost recovery without necessarily increasing a fee. So, that will be that May, June time frame. So, this was a brief presentation this afternoon, just kind of wanted to update you on where we are at and generally where we are headed. At this point I'm -- I'm here to take any questions you might have about the process. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. If you could -- if you don't mind go back to the pyramid. It sounds like you guys are going to sort through the priorities of the community and finalizing. One thing that stuck out to me was you have a whole -- in number three a whole series of youth programs, but, then, you have a preschool program that has perhaps a lower cost of recovery. So, I understand that is that -- is that just -- or is this an example? This is what's typical? Jackson: This is meant as an example. This is from another agency to kind of just -- so you can see what a finalized pyramid looks like. They had some layering here, but the categories from Meridian look much different, because the services are different. I think this one actually has beaches on it. Strader: Yeah. Okay. Thanks. Jackson: By Thursday we will have one of these. Not quite there. Page 66 Meridian City Council Work Session Item#3. April 26,2022 Page 11 of 13 Simison: Council, any additional questions? Steve, any last comments you would like to make? Siddoway: I think the final comment I want to make is that I'm just pleasantly surprised by the -- the response we have had from the community on this. Aweek, week and a half ago Luke and I were meeting as my liaison, we had pretty low numbers after our first press release and our posts and things like that. I think we had five in one and two in the other. We are up to 26 or so tomorrow morning and I think --was it 16, 17 -- 18? Eighteen for the virtual. So, great response. We are excited that we have got that many that want to come from the public and help participate and if any of them are watching thank you for participating in advance and we will see you tomorrow. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Question for Steve. Don't run away. Maybe I'm confused. So, the results of this, obviously, is to assess if we can recover any costs we are not currently recovering or if we are in -- on target with what we are currently recovering? Is that correct understanding of what this is intended for? Siddoway: Able to recover cost that we are not currently recovering -- that could be an outcome. That's not the focus. The focus is on what do we offer the community? What is the level of benefit to determine how much of the cost that it takes to put it on should be borne by the person participating versus subsidized to the general taxpaying public. In general, like was noted, things like playgrounds at the parks are generally subsidized by the taxpaying public and available to everyone. There are specific examples, like a private lesson maybe that should be borne by the individual incurring that service, but there are a lot of things that fall in between and so we are trying to see how our community feels the benefit is for them. Eventually, you know, it will be used when we are done with this a few months from now to be able to come and say, okay, I'm bringing Council a new fee to get approved. Where is that -- what category does that fall in? What was the consensus of the recovery for that and what fee would we need to charge in order to meet that recovery goal. Okay? All right. Thank you. EXECUTIVE SESSION 20. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated Simison: Thank you, Steve. And, Teresa, appreciate it. With that, Council, Item 20. Hoaglun: Mr. Mayor? Page 67 Meridian City Council Work Session Item#3. April 26,2022 Page 12 of — Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(1)(f). Perreault: Second. Simison: I have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and we are will go into Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (5:01 p.m. to 5:56 p.m.) Simison: Do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we come out of Executive Session. Strader: Second. Simison: I have a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn our work session. Simison: I have a motion to adjourn. All those in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5.57 P.M. Page 68 Meridian City Council Work Session Item#3. April 26,2022 Page 13 of 13 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 5-3-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 5-3-2022 Page 69 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 6, 2022 City Council Joint Meeting with West Ada School District Page 3 Meridian City Council-West Ada School Board Joint Meeting Item#1. April 6,2022 Page 20—20 Simison: Turkey -- was it Turkey Bowl -- Turkey Bowl Championship? Hoaglun: So, with that, Mr. Mayor, I move that we adjourn. Borton: Second. Simison: I have a motion and a second adjourn the meeting. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 7:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-26-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 4-26-2022 Page 23 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 12, 2022 City Council Work Session Page 24 Meridian City Council Work Session Item#2. April 12,2022 Page 24—24 EXECUTIVE SESSION: (5:30 p.m. to 6:00 p.m.) Simison: Council, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move that we come out of Executive Session. Borton: Second. Simison: Motion and a second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn. 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: ALLAYES. MEETING ADJOURNED AT 6:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-26-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 4-26-2022 Page 48 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 12, 2022 City Council Regular Meeting Page 49 Meridian City Council April 12,2022 Page 50 of 50 MEETING ADJOURNED AT 8:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-26-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 4-26-2022 Page 99 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Artemisia Subdivision Pedestrian Pathway Easement Page 100 ADA COUNTY RECORDER Phil McGrane 2022-041091 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/27/2022 09:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-01.57 Artemisia Subdivision PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 26th day of April , 2022, between Idaho Auto Mall LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement 03/24/2022 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR : IDAHO AUTO MALL LLC By: Kendall Development Group LLC Its: Manager J**� j David E. ewett, Mana er STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on -3�Z S� r Z-- (date)by David E. Blewett on behalf of Kendall Development Group LLC,Manager of Idaho Auto Mall LLC, in the following representative capacity: Manager r ,� ,.• p.�u/ �i (stamp) ptA y R ,• �—�� ? tarp Sig rem •;••c pUB�-�G�;: ,, R�esidin tc cc My Commission Expires: m•No PR SN OF Pedestrian Pathway Easement 03 24/2022 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-26-2022 Attest by Chris Johnson, City Clerk 4-26-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 4-26-2022 (date)by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature Residing at Meridian, Idaho My Commission Expires: 3-28-2028 Pedestrian Pathway Easement 03/24/202 page 103 EXHIBIT "A" Legal Description City of Meridian Pedestrian Pathway Easement Artemisia Subdivision An easement being located in the SE '/4 of the SE '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89'19'41" W a distance of 2661.68 feet; Thence along the southerly boundary of said SE '/4 of the SE IA N 89°19,41" W a distance of 76.61 feet to a point; Thence leaving said boundary N 0040'19" E a distance of 51.00 feet to a point on the northerly right-of-way of W. Overland Road; Thence along said right-of-way N 47°20'54" E a distance of 13.12 feet to the POINT OF BEGINNING; Thence leaving said right-of-way a distance of 103.51 feet along the arc of a 229.34 foot radius non-tangent curve right, said curve having a central angle of 25°51'33" and a long chord bearing N 3053'59" W a distance of 102.63 feet to a point of reverse curvature; Thence a distance of 72.20 feet along the arc of a 290.50 foot radius curve left, said curve having a central angle of 14°14'23" and a long chord bearing N 1010'20" E a distance of 72.01 feet to a point of reverse curvature; Thence a distance of 71.52 feet along the arc of a 309.50 foot radius curve right, said curve having a central angle of 13014'21" and a long chord bearing N 0040'19" E a distance of 71.36 feet to a point of reverse curvature; Thence a distance of 67.13 feet along the arc of a 290.50 foot radius curve left, said curve having a central angle of 13014'21" and a long chord bearing N 0040'19" E a distance of 66.98 feet to a point of reverse curvature; Thence a distance of 47.69 feet along the arc of a 309.50 foot radius curve right, said curve having a central angle of 8°49'41" and a long chord bearing N 1°32'01" W a distance of 47.64 feet to a point of reverse curvature; Thence a distance of 103.21 feet along the arc of a 554.99 foot radius curve left, said curve having a central angle of 10039'18" and a long chord bearing N 2026'49" W a distance of 103.06 feet to a point of reverse curvature; Thence a distance of 143.05 feet along the arc of a 942.11 foot radius curve right, said curve having a central angle of 8042'00" and a long chord bearing N 3025'28" W a distance of 142.92 feet to a point of reverse curvature; .c nb1tdorls Artemisia Subdivision /'iane Surveying and Conzultlng Meridian Pathway Easement Job No. 19-72 Page 1 of 2 Thence a distance of 160.09 feet along the arc of a 950.55 foot radius curve left, said curve having a central angle of 9°38'59" and a long chord bearing N 3053'58" W a distance of 159.90 feet to a point; Thence S 89057'34" E a distance of 23.26 feet to a point; Thence S 2°42'15" E a distance of 405.06 feet to a point; Thence S 0d32'59" W a distance of 351.65 feet to a point on the northerly right-of-way of W. Overland Road; Thence along said right-of-way S 47020'54" W a distance of 13.63 feet to the POINT OF BEGINNING. Said easement contains 13,945 square feet (0.320 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC o�PL �A No October 13, 2021 � \S T Fn, GpG 0 11118 X 1,�,9TF OF TON W NPR Lan—dSolutions Artemisia Subdivision k.—` Land Surveying and Consulting Meridian Pathway Easement Job No. 19-72 EXHIBIT "B" CITY OF MERIDIAN PATHWAY EASEMENT ARTEMISIA SUBDIVISION LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 14, T.3N., R.1W., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 1/4 14 13 CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD I C1 103,51' 229.34' 25'51'33" N3'53'59"W 102.63' C2 72.20' 290.50' 1414'23" N110'20"E 72.01' S89'57'34"E _ _ 23.26' C3 71.52' 309.50' 1314'21" NO'40'19"E 71.36' - r C4 67.13' 290.50' 1314'21" NO'40'19"E 66.98' C5 47.69' 309.50' 8'49'41" N1'32'01"W 47.64' u` I CIS103.21' 554.99' 1039'18" N2-26'49"W 103.06' U1I I C7 143.05' 942.11' 842'00" N3'25'28"W 142.92' I I o c C8 160.09' 950.55' 9'38'59" N3'53'58"W 159.90' I I o Ilan I I aN ul IN d � I I� [D N II ct: I II w W CD l a, MERIDIAN PEDESTRIAN PATHWAY EASEMEN I� Z T o 13,945 SF/0.320 ACRES J UI i I "I U I 1 3 I I� N� I M U IC, f/) POINT OF I I BEGINNING �I N47'20'54"E 13.12 S47'20'54"W 13.63' 14 Ar W. OVERLAND RD. N0'40'19"Er 14 13 1/4 - -- - _ _ _ __ _ _ _— _ _ _51.00 76.61' N89'19'41"W 2661.68' Im 23 BASIS OF BEARING 23 24 PL T� 0' 75' 150' 300' La Imm"I I u t I 4081�n S 4i ,i,� TF 0 F �O c�� Lan31 d E.Surveying and Consulting TOIy W,�P� 2MERIDIANSID 83642 (208)288-2040 (2 08)288-2557 fax www.landsolutions.biz 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Central Valley Baptist Church Water Main Easement No.1 Page 107 ADA COUNTY RECORDER Phil McGrane 2022-041092 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/27/2022 09:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0161 Central Valley Baptist Church Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 26th day of April _, 20 22 between Central Valley Baptist Church ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 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. 11 GRANTOR: c5 ter. try 7 v u5 e.r) -T f v S le,C- Vall I L f14 6X h STATE 0 F IDAHO ) ss County of Ada ) A� This record was acknowledged before me on q/10 (date) by (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 Central Valley Baptist Church (name of entity on behalf of whom record was executed), in the following representative capacity: Trustee (type of authority such as officer or trustee) AUSTIN MICHAEL BAKER Notary Signature COMMISSION#20212751 My Commission Expires:LL�`�` (7 NOTAF,,`PUBLIC STATE p%F IDAHO W COMMISSION EXPIRES O6109/2027 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-26-2022 Attest by Chris Johnson, City Clerk 4-26-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-26-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Page 110 Water Main Easement Version O1/01/2020 Item#5. Professional Engineers, Land Surveyors and Planners 924 3Id St. So. Nampa, ID 83651 Inc., Ph (208) 454-0256 Fax (208) 467-4130 e-mail:dholzhey chi masonandassociates.us FOR: CENTRAL VALLEY BAPIST CHURCH JOB NO.: DE0321 DATE: February 24,2022 "EXHIBIT A" WATER LINE EASEMENT 1 An easement being a portion of the NW1/4 SW1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County Idaho,more particularly described as follows: Commencing at the northwest corner of the SW1/4, (W1/4 Corner); Thence S 00' 51' 59" W., 588.49 feet along the west boundary of the SWIA; Thence S 89' 1 V 24"E., 591.99 feet; Thence S 00' 48' 36"W., 10.75 feet to the POINT OF BEGINNING of said easement; Thence S 88' 48' 55"E., 10.00 feet; Thence S 01° 1 P 05"W., 46.21 feet; Thence N 88' 48' 55" W., 10.00 feet; Thence N 01° 11' 05"E., 46.21 feet to the POINT OF BEGINNING of said easement. t 1S T o, 3 6 �+ Mason �, �q r� of /�ssOClc�]Fes�nc. RAN t'a�'` Professional Engineers, Land Surveyors and Planners Page 1 of 1 Page 111 Item#5. CENTRAL VALLEY BAPTIST CHURCH EASEMENT 1 LOCATED IN THE NW1/4 SW1/4 OF SECTION 11 TOWNSHIP 3 NORTH RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO W. PINE AVE W1/4 CORNER 2022 SEC 11 a, CP&F 114007427 co 00 Lo I I� 0) 0 cn S89'l 1'24"E 591.99' S88'48'55"E SO°48'36"W_— —/—A 10.00' 10.75' POINT OF--- I I BEGINNING 01 I I I J Iw Lo Flo Flo z N BICD Lu Z I I I I I I N88'48'55"W 10.00' YJ LEGEND CALCULATED POINT z FOUND BRASS CAP MONUMENT TIE LINE SECTION LINE — — — — — — EASEMENT LINE I I CENTRAL VALLEY BAPTIST CHURCH WATERLINE EASEMENT i W. FRANKLIN RD. SW CORNER ,roe No. DE0321 SEC 11 DWG No. DE0321 BDY CP&F 110073397 ProPesslonalEnglneers, a.5 f Land Surveyors &Planners SCALE.• NTS REV. Q a t�S�r 924USISWANzmpa,l0& ? FlELD BOOK NO. (M1 c,40a&v(9467-al39 DRAWN BY.• I DATE. Page 112 DH 1.2124122 TItem 55. YH ■ B ■ T B CENTRAL VALLEY BAPTIST CHURCH EASEMENT 1 LOCATED IN THE NW1/4 SW1/4 OF SECTION 11 TOWNSHIP 3 NORTH RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO W. PINE AVE W1/4 CORNER 2022 SEC 11 a, CP&F 114007427 00 00 I I� 0 cn S89°11'24"E n 591.99' S88°48'55"E SO°48'36"W �10.00' 10.75' POINT OF� BEGINNING O I W w J � - I;n r l 17 in W N �Iz �Icn I � � A� L1— N88°48'55"W 10.00' LEGEND LO 0 CALCULATED POINT z FOUND BRASS CAP MONUMENT TIE LINE SECTION LINE - — — — — - EASEMENT LINE I I CENTRAL VALLEY BAPTIST CHURCH WATERLINE EASEMENT 7 W. FRANKLIN RD. SW CORNER doe No. DE0321 SEC 11 DWG No. DE0321BDY CP&F 110073397 Professional Engineers, Land Surveyors c`3 5 o n &Planners SCALE. NTS ssociates 9243rd2SaA,,Na"IDW1 flELO BOOK NO. P8 a 113 (M)4540256 Fax(208)467-4130 g DRAWN BY.- I DATE: DH 12124122 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hickory Warehouse Water Main Easement No. 1 Page 114 ADA COUNTY RECORDER Phil McGrane 2022-041095 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/27/2022 09:18 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0159 Hickory Warehouse Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 26th day of April , 20 226etween --H.O.T.2, t_I.LP ("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 ) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 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: H.O.T. 2, LLLP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on _41$12.07.' (date) by So.m Johnson (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 H.O.T. 2, LLLP. (name of entity on behalf of whom record was executed), in the following representative capacity: In\,tbtr (type of authority such as officer or trustee) (stamp) otary Signature CHANTALRODRIGUEZ My Commission Expires:_2/10 /202-'d NOTARY PUBLIC•STATE OF IDAHO COMMISSION NUMBER 20=17 MY COMMISSION EXPIRES 2.10=8 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-26-2022 Attest by Chris Johnson, City Clerk 4-26-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 4-26-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: Water Main Easement Version 01/01/2020 Item#6. LEGAL DESCRIPTION THE Page 1 OF 2 LAND GROUP April 1, 2022 Project No.: 120085 EXHIBIT A WATERLINE EASEMENT HICKORY WAREHOUSE H O T 2, LLLP WATERLINE EASEMENT-1 An easement being a portion of Lots 1, 2,3 &4, Block 4 of Gemtone Center No.3,as recorded in Book 78 of Plats at Page 8310,Ada County records, shown as Parcel "A" on Record of Survey No.# 12616,Ada County records, being situate in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the southwesterly corner of said Gemtone Center No.3;thence on the south line of said Lot 4,South 89°54' 50" East, 133.00 feet, to the POINT OF BEGINNING: Thence leaving said south line, North 00' 29'44" East, 59.93 feet; Thence North 44°30' 16"West,36.76 feet; Thence North 00°29'44" East, 613.06 feet; Thence South 89°30' 16" East, 215.50 feet; Thence North 00°29'44" East, 29.00 feet; Thence South 89°30' 16" East, 20.00 feet; Thence South 00°29'44"West, 29.00 feet; Thence South 89°30' 16" East, 259.92 feet,to a point on the east line of said Lot 4; Thence on said east line,South 02°37'24" East, 16.20 feet; Thence South 00°00' 59"West,3.82 feet; Thence leaving said east line, North 89°30' 16"West,476.33 feet; Thence South 00'29'44"West,272.35 feet; Thence South 89°30' 16" East, 14.00 feet; Thence South 00°29'44"West,20.00 feet; Thence North 89°30' 16"West, 14.00 feet; Thence South 00°29'44"West, 292.42 feet; Thence South 44°30' 16" East, 36.76 feet; Thence South 00'29'44"West,68.07 feet,to a point on aforementioned south line; Thence on said south line, North 89°54' 50" West, 20.00 feet to the POINT OF BEGINNING. The above-described easement contains 0.564 acres (24,572 Ftz) more or less. TOGETHER WITH 462 East Shore Drive, Suite 100. Eagle, Idaho 83616 208.939 4041 thelandgroupinc.com Page 118 Item#6. April 1, 2022 Page 2 WATERLINE EASEMENT-2 An easement being a portion of Lot 4, Block 4 of Gemtone Center No.3,as recorded in Book 78 of Plats at Page 8310,Ada County records, shown as Parcel "A" on Record of Survey No.#12616,Ada County records, being situate in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the southwesterly corner of said Gemtone Center No.3;thence on the south line of said Lot 4,South 89° 54' 50" East,447.01 feet,to the POINT OF BEGINNING: Thence leaving said south line, North 00°05' 10" East, 24.03 feet; Thence South 89°30' 16" East,45.93 feet; Thence South 00°05' 10" West, 23.70 feet,to a point on said south line; Thence on said south line, North 89°54'50" West,45.93 feet to the POINT OF BEGINNING. The above-described easement contains 0.025 acres (1,096 Ft2) more or less. PREPARED BY: The Land Group, Inc. ��L Iu4N Michael Femenia, PLS w��0 N 9TEOF10 ZL S. Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com Page 119 rrem#s. Waterline Easement EXHIBIT B for City of Meridian Being a Portion of Lots 1,2,3&4, Block 4 of Gemtone Center No.3 a Subdivision Situate in the NE 1/4 of Section 8,Township 3 North,Range 1 East, Boise Meridian City of Meridian,Ada County,Idaho 2022 Line Table S89°3011611E 215.50' !" S891016"E. 259.92' L6 I � N89°30'16"W 476.33' — — LINE BEARING LENGTH L7 L1 N00°29'44"E 1 59.93' li I I L2 N44°30'16"W 36.76' L3 N00°2944"E 29.00' N — N L4 S89°30'16"E 20.00' _J LS S00°29'44"W 29.00' � O L6 S02°37'24"E 16.20' N �V�G��` I L7 S00°0015911W 3.82' LB S89101 6"E 14.00' CD I ri L8 I W L9 Soo°29'44"W 20.00' I co PARCEL"A" I Q+ L10 N89°30'16"W 14,00' 7 —y R0S#12616 v I _ _ � L11 S44°30'16"E 36.76' �' L10 II CDI WATERLINE EASEMENT-1 L12 soo°2s'aa"w sa.o7' 1 0.564 Acres± U L13 N89°54'50"W 20.00' i I (24,572 Ft2) ►~� L14 N00°05'10"E 24.03' cli I C\1 O L15 S89°30'16"E 45.93' I3 L16 S00°05'10"W 23.70' I I I N I L17 N89°54'50"W 45.93' I ° I O4 �p.L LA EN ISW COR, WATERLINE EASEMENT-2 1 IGEIVITDNE t,, 0.025 Acres-± o INo.3 (1,096 Ft2) w 5 aoi I N L15 7E 0r 133.00' _ _ S89°54150"E 3_14_.01' E� s 5 9°54'S0'E L13 E. STATE AVE. 1 L17 3 POB-1 POB-2 O�101/2b22 E Exhibit "B' 0 120` 240' 4 Horizontal Scale:1"=120, Project No.:120085 ¢ Date of Issuance:April 1,2022 � m z o =� =THE Waterline Easement BLAND Hickory Warehouse r �Y9 � GROUP H 0 T 2, LLLP a2m Page 120 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: 1-84+ Meridian Commercial Development Emergency Access Easement Agreement No. 1 Page 121 ADA COUNTY RECORDER Phil McGrane 2022-041096 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/27/2022 09:18 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0153 1-84 + Meridian Commercial Development Emergency Access Easement Agreement No. I EMERGENCY ACCESS EASEMENT AGREEMENT Corey Barton THIS AGREEMENT made this 26th day of_ April 202, between —,hereinafter referred to as "Grantor" and the City of Meridian, an Idaho municipal corporation,hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval; and WHEREAS, Grantor desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access; and WHEREAS, Grantor shall construct certain improvements upon the easement described herein;and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit"B"attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of-way on, over, across and through Grantor's property with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International Fire Code, this access road shall be constructed of an improved surface capable of supporting 75,000 GVW; TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever; THE GRANTOR, hereby covenants and agrees that no structures shall be constructed, erected,or placed upon the surface of the easement area that would materially impair the normal operation or use of the easement area for emergency vehicular purposes. No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the access roadway improvements. EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/2020 THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on OC+.lg U (date)by _44.n rye u 27&14avl , on behalf of ,% in the following represents ve capacity: (type of authority such as officer or trustee) O,\GYP&*. r�s M1'COMMIS ;, — Notary Signature EXPIRES 6-,Sp2Z = My Commission Expires: —(r •cP d - OF 1DP�`l^p�`�moo '% EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-26-2022 Attest by Chris Johnson, City Clerk 4-26-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 4-26-2022 (date)by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires:_ EMERGENCY ACCESS EASEMENT, PAGE 3 02/14/2020 Item#7. EXHIBIT DESCRIPTION FOR 1-84/MERIDIAN - HAWKINS COMMERCIAL EMERGENCY ACCESS EASEMENT A portion of the NW 1/4 of the SE 1/4 of Section 13, T.3N., RAW., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the C1/4 corner of said Section 13 from which the E1/4 corner of said Section 13 bears South 89°52'43" East, 2642.71 feet; thence along the East-West centerline of said Section 13 South 89052'43" East, 250.00 feet; thence leaving said East-West centerline South 00003'55" West, 25.00 feet to a point on the South right-of-way line of W. Waltman Ln., thence along said South right-of-way line South 89052'43" East, 50.10 feet to the REAL POINT OF BEGINNING of a 30.00-foot wide easement being 15.00 feet to the right and 15.00 feet to the left of the following described centerline; thence leaving said South right-of-way line South 00004'59" East, 529.54 feet; thence 157.34 feet along the arc of curve to the right, said curve having a radius of 100.00 feet, a central angle of 90008'54" and a long chord which bears South 44059'28" West, 141.60 feet; thence North 89°56'05" West, 201.48 feet to the centerline of W. Ruddy Dr. of The Landing Subdivision No. 9 as filed in Book 74 of Plats at Page 7658 through 7659, records of Ada County, Idaho, point also being the to the POINT OF TERMINUS. 7729 31 N121 o G.CP` Page 125 Item#7. BASIS OF BEARING CENTER -W. WALTMAN LANE S89'52'43"E 2642.71' _- - -�1/4 1/4 —250.00' 1071�47' RPOB S.13 S.18 SO'03'55"W In— - 25.00' � I S89'52'43"E I I 1 FV" V1 50.10' 15.0' � 15.0'� I I N�O/I 1r/- "o A � r i I I � 1 I I I C1 QI I I 1 I q > w � W. RUDDY DR. uj - - - I - J cR �7—7-7-7-77 T— — N89'56'05"W 201.48'EG _ Ec R E GR I O I L \ \ NSFO 7729 Curve Table N� Oulti '9 � \QP Curve Length Radius Delta Chord Bearing Chord Distance CG,r OF CRY G.C P C1 157.34' 100.00' 90'08'54" S44'59'28"W 141.60' N Scale: 1"=60' 0 10 30 60 120 Waltman 38 Acre too Tanner Creek Sub)17-133 dw Tanner Creek E—ra Access E—A 311IJ2022 10,11,38 AM IDAHO Exhibit —_— Drawing for 17b133 SURVEY 9966w.EMERALD ST. 1-84/MERIDIAN - HAWKINS COMMERCIAL BOISE 704 EMERGENCY ACCESS EASEMENT Sheet No. (208)846-8570-8670 GROUP, LLC LOCATED IN THE NW Y4 OF THE SE Y4 OF SECTION Dw . Date 13, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY ir Page 126 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: LDIR-2021-0001 Emergency Access Easement Agreement No. 1-2021 Page 127 ADA COUNTY RECORDER Phil McGrane 2022-041094 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/27/2022 09:18 AM CITY OF MERIDIAN, IDAHO NO FEE ES1V T-2022-0151 LDIR=2021-0151 Emergency Access Easement Agreement No. 1 EMERGENCY ACCESS EASEMENT AGREEMENT THIS AGREEMENT made this26th day of_April _,20"22, between Achieving Properties LLc , hereinafter referred to as"Grantor" and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval; and WHEREAS, Grantor desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access; and WHEREAS, Grantor shall construct certain improvements upon the easement described herein;and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property,described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein, THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of-way on, over, across and through Grantor's property with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International Fire Code, this access road shall be constructed of an improved surface capable of supporting 75,000 GVW; TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever; THE GRANTOR, hereby covenants and agrees that no structures shall be constructed,erected, or placed upon the surface of the easement area that would materially impair the normal operation or use of the easement area for emergency vehicular purposes. No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that it 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: IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the access roadway improvements. EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/2020 THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR axA rg-lrl� STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 3 2Z-22 (date) by Bi I I rOwh , on behalf of yj4 M1,"in the following representative capacity: yg6rg Rj kL (type of authority such as officer or trustee) Notary ' mature Z� My Commission Expires: - PWyP(J9i°T�•r'�rf MY COMMISSION . EMERGENCY ACCESS EASEMENT, PAGE 2 02/14/202 page 129 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-26-2022 Attest by Chris Johnson, City Clerk 4-26-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 4-26-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020 Item#8. PORTSIDE LAND SURVEYING , LLC LDI R-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 6, 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 88010'58" West a distance of 28.07 feet to the True Point of Beginning; Thence South 01'49'02"West 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 01°48'52" 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 line 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 01°48'52" 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 5988 Sq. Ft. \� LA STD 9p End Description cc Project No. 22-106 12 2-9 Prepared March 22, 2022 0 '3 --22 2ULZ 3626 TV Hill Rd. Boise, ID 83703 (208)484-6666 jim@portsidesurvey.coni Page 131 Item#8. 10 I 3 � N pO) N O n7 � M O � N C L O � � N N a� O N c co m p tl' co N V ti O C 36.99 n 8°1108"w He: t Page 132 m 3 PO I I II � � I � Z 11 rr-r �r I I Z O PO � Z I QI Ez I I O~ ~ k ova alto I n �C9z m I oo" oz f r = O n b ` NIA D D gm O C n ym I mo ID 6 try Tj M �v o mo o�-ni �-t > �_� I �� b I '°u ��] � Z � N N) f I kb Z � S � I I C) 0 :70 fI I _ 2 N 01'49'02'" F 136 39' I E � O CJl Z m N --8'52" E 117.77' —^--- ---------- _ -- — r t o I Co �r 0 0,'49'02" W 132.28' C (/� Z ��I Sogz--�- ------- --- I o -tor- ------- I IZ2 I v S 01'4$'S2" W t0i.89 3 `QgZ'�Z I p I O Z p ® 0 tip Con N N 0I'49'02" E 274.73' C0 � v Cn O z D O rTl C) o rn cs toy ,� N U) c I � rn m0 i C* p o o { m (,4 W w ti 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Quartet Northeast Subdivision No. 1 Sanitary Sewer & Water Main Easement No. 1 Page 134 ADA COUNTY RECORDER Phil McGrane 2022-041098 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 04/27/2022 09:19 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0160 Quartet Northeast Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AM} ATE MAIN EASEMENT ~ THIS Easement Agreement, made this26th day of April 2022 between Quenzer Farms LLLP who took title as Quenzer Farms L.P. ("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTORS: QUENZER FARMS LLLP, an Idaho limited liability limited partnership By: .�.. Dean Quenzer,General Partner By: Marvin Quenzer,General Partner STATE OF IDAHO i :ss. County of Ada y On this 0 day of April,2022, before me, a Notary Public in and for said State, personally appeared Dean Quenzer, known or identified to me to be a general partner of Quenzer Farms LLLP,an Idaho limited liability limited partnership, and acknowledged to me that he executed the within instrument of behalf of said limited liability partnership. 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 My Commission Expires:_ � SHARIVAUGHAN Notary Public-State of Idaho Commission Number 201 B1002 My Commission xpires Jun 1,2024 STATE OF IDAHO :ss. County of Ada y On this � h day of April, 2022, before me,a Notary Public in and for said State, personally appeared Marvin Quenzer, known or identified to me to be a general partner of Quenzer Farms LLLP, an Idaho limited liability limited partnership,and acknowledged to me that he executed the within instrument of behalf of said limited liability partnership. 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 Idah I My Commission Expires:_ — C2002 SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-26-2022 Attest by Chris Johnson, City Clerk 4-26-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 4-26-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires.: Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 139 Item#9. E N G I N E E R I N G March 30,2022 Project No.:20-088 Quartet Northeast Subdivision No.1 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian sewer and water easement situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 34,Township 4 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a brass cap marking the Northwest corner of said Section 34,which bears N00°27'24"E a distance of 2,631.60 feet from an aluminum cap marking the West 1/4 corner of said Section 34,thence following the westerly line of the Northwest 1/4 of said Section 34,S00°27'24"W a distance of 2,417.96 feet; Thence leaving said westerly line, S89032'36"E a distance of 1,585.10 feet to the POINT OF BEGINNING. Thence N47°27'23"E a distance of 38.00 feet; Thence S42°32'37"E a distance of 25.00 feet; Thence S47°27'23"W a distance of 38.00 feet; Thence N42°32'37"W a distance of 25.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 950 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a 12459 0 OF S •Scc) 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 140 Item#9. 0 a a K B POINT OF COMMENCEMENT " NORTHWEST CORNER SECTION 34 A BRASS CAP p0 �O 3 27 JFOUND 7 441 /�s0 s�°cy 33 34 O, S47'27'23"W 129.49' (TIE) g Proposed 0T p PROPOSED CITY OF MERIDIAN Quartet Northeast SEWER AND WATER EASEMENT • Subdivision No. 1 N47 2 ' 00 S42'32'37"E 00 1 N POINT OF �25.00' W � Z M BEGINNING / W U m`~ S89'32'36"E / b u �!+�• 158 15 0' (TIE) N4T27'23"E / 3 M N a 14.36' (TIE) • / ao m N N I °Z2 a �38 007 23 W 3 z m o z Z I e N42'32'37"W N �a� 25.00' Unplatted 9 Quenzer Farms LLLP SO434244225 WEST 1/4 CORNER > SECTION 34 did 5 FOUND ALUMINUM CAP a v 0 c /N r V C 0 Y C 0 3 W 1- 0 C Q C Z 0 50 100 150 Y Z Plan Scale: 1"=50' W Z U' W E N G I N E E R I N G Y 5725 NORTH DISCOVERY WAY z BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement xI kmengllp.com Quartet Northeast Subdivision No. 1 c d A DATE: March2022 c o PROJECT: 20-086 . A portion of the SE 1/4 of the NW 1/4 of Section 34, SHEET: 1 OF 1 T4N., R1W., B.M., City of Meridian, Ada County, Idaho ii Page 141 Item#9. 0 00 c c+ ,fig. ^tip 4., S Title: City of Meridian Sewer and Water Easement 20-088 Date:03-30-2022 Scale: 1 inch= 10 feet I File: Tract 1: 0.022 Acres: 950 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=126 Feet 001=n47.2723e 38.00 003=s47.2723w 38.00 002=s42.3237e 25.00 004=n42.3237w 25.00 Exhibit B Page 142 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Oakwind Estates No. 2 (FP-2022-0006) by Kimley Horn, Located at 6180 W. McMillan Rd. Page 143 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 4/12/2022 ORDER APPROVAL DATE: 4/26/2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 70 BUILDING ) CASE NO. FP-2022-0006 LOTS, 1 COMMON DRIVEWAY ) LOT,AND 9 COMMON LOTS ON ) ORDER OF CONDITIONAL 8.82 ACRES OF LAND IN THE R-15 ) APPROVAL OF FINAL PLAT ZONING DISTRICT FOR ) OAKWIND ESTATES NO. 2. ) BY: KIMLEY-HORN ) APPLICANT ) This matter coming before the City Council on April 12, 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 OAKWIND ESTATES SUBDIVISION NO. 2, A PARCEL OF LAND BEING A PORTION OF THE SW '/4 OF THE SW '/4 OF SECTION 28, TAN., R.1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 2/3/2022, by CLINTON W. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKWIND ESTATES NO. 2 FP-2022-0006 Page 1 of 3 HANSEN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated April 12, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKWIND ESTATES NO. 2 FP-2022-0006 Page 2 of 3 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 26th day of April , 2022. By: Robert E. Simison - - 2022 Mayor, City of Meridian Attest: Chris Johnson ' 26-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4-26-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKWIND ESTATES NO. 2 FP-2022-0006 Page 3 of 3 item#�o. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/12/2022 legend DATE: ------ it =-a i Laca-fion TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 J SUBJECT: FP-2022-0006 --� - Oakwind Estates No.2 LOCATION: The site is located at 6180 W. McMillan --- Rd, in the SW 1/4 of the SW 1/4 of Section 28, Township 4N. Range 1W. I - I. PROJECT DESCRIPTION Final plat consisting of 70 single family lots, 1 common driveway and 9 common lots on 8.82 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant/Representative: Nicolette Womack,Kimley-Horn-950 W Bannock Street, Ste 1100.,Boise, ID 83702 B. Owners: Oaks Build to Rent,LLC—4900 N. Scottsdale Rd, Ste 4900, Scottsdale,AZ 85251 III. STAFF ANALYSIS In 2020,the property received approval of a preliminary plat and development agreement modification to construct 94 single family lots and 92 townhouse lots(H-2020-0093,Instr. #2021- 046527). The first phase, consisting of 91 townhouse lots and 24 single family lots was approved by the City Council on February 22, 2022 (FP-2022-0001). This is the second and final phase for the remaining 70 single family lots. UDC 11-3B-12 requires all pathways to be landscaped with a strip a minimum of five (5) feet wide along each side of the pathway,with a mix of trees, shrubs, lawn,and/or other vegetative ground cover and a minimum of one(1)tree per one hundred(100)linear feet of pathway. There are pathway lots in which this requirement is not met. This includes Lot 8 Block 6,Lot 7 Block 7, and Lots 6 and Pagel Page 147 Item#10. 18 Block 8. The applicant will either need to revise the landscape plan to meet the regulations, or apply for alternative compliance prior to signature on the final plat. With Phase one,the Director approved alternative compliance from the standards of UDC 11-3H, which requires the required noise abatement wall along W. McDermott Road to vary in color or texture or stagger every three hundred(300) linear feet. The applicant noted the wall as proposed is a steel type of fencing that will be more aesthetically appealing as it is designed to look more like a fence than a traditional concrete or modular block wall,but is not engineered for staggering. The applicant added this same style of wall was utilized by the Oaks North and South Subdivisions. 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, except for what is 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 148 Item#10. V. EXHIBITS A. Preliminary Plat(date: 9/1/2020) '+ tt14 ' 11 1 I _ II 11 " II Ir _• J -- - ._. =9G VE II1 1 I le •.�, �-�-, ,y�v �.�,x-:_vn>... _,�xtr::rr.�y..".w.o.,,,�w,-.aM. �,.-} - v<� �,��s � +� M1rr$ �i j 'l k 51�0'�3Yf 24.3G' 1 1 x R-.I a7S ti t4 tt :� � .x.rv.c:.•.+,,.-t.v..ew.z�...s�r!.r,.:..,sti�..i-i.',-=:ti-w,ra..=F j1'� � '�. � k tk J k 51• t I � � •# } Fy — .� �wau.�mzaan=-�.•,:.efr r,.. �ww.o„.rx.s:<rk��_, 'l1 ay �' �f# .� 'f� �a �� 0•-�1,9�. ��-•n y�7,� 7N�Y '* �f I��Ci`AI �f,,$ r mil• ; �` °r �xk- �� .I m" �� + eA JJ4�-- E aDQ' 7-25`E 26 5rl ly,i 35! '''i •v III ' r fi I 3� i w-..t•�:.5�x/a. ipl:.i a _ - _r-.4,,, =uS`++ .,.'ot`+' .IwF IF ' F!@A'1E'Pd'l ✓l37,�p' x v v r.54.571s —er -_T�:•_...i, _ p�3�G@�1 --WOFA NWt��Y�� '- - ---------/ Page 3 Page 149 Item#10. B. Final Plat(date: 2/3/2022) THE OW NoRtN 6uBA NQ to T ra.oU POINT OF uNFurrEL BON— P�4CE9= 56#I4'S®'€ 9EdNNINC 589']9'59'E J9O.06' S9859'18"E 17654' m �R55' i 617 33171F. 5€E NOTE 14 422.0e =5 s. 3299SWO ' 4%9 - �620R. 959d v U-9B'-. .#240, 53Ap 42 46.0v LJ -�� —�5�� 5_ � P S3U4 420D i&46 53114 179 3696 ' � 1_ us_ 115_36 — Ld W. AVILLA SF. 1 1Y 1 1 >e Nee'S9'i 3'�1 - ---—--—-- --—-_ cs __ 59S OQ'Qd"w 34,93` N683918'd7.919' 4 + yo.19' 52 ID[I"E 47.00' 7278' , 46.M 44W yr.ap 6f.da' 51 I 141.96 C13 4296 p98�91�E f w y I 1{5� — CCK &f ='` eod 4f12]of o g a. n�04,. 4320 f 19�F s w }V ", "'SJ}i _ ..74.74'I z 4.� IIg i hP z OIUCK T _H93 47'' "E ffi -42W. 7 P.52W +2417 51WJ J +6a0D�I I14Z � W. SOPRANO ST. 9se 1a _ N6&'S9'18 7 4454----—--—- - 27-02' 1 -- s G2 _ 1 iS96 g E1 SY J7' #2.nU' #&00 �7, ftW 1 ]b4 1 42C0' 4G.M' 420o J � ', s l �:i # 1 n QJJ1Fs (320f ,. Ifti I I p I xI w5 q �yy r o 19' 42.170 $965921 a, 1J 3'd 7,1.515' m M1 c i" o32r sf `~ '4 ^' 6 J816# c '?r2 I —?J � —�� ma' s - ---1f_ ` 11 "a ? sf u7 72.0 Y I J $-1 aesJ se 5'�i a' 3 4ZOD' 6a0,' '+SAD' 1 4W 42.d' �5390 $9 11i"E W MILANO ST.zj s 31a.e1' ' 59 78 j = 'i �' r�l a.oq' 66 �i � '� � r se6'S9'19•E � ; .-L34 N8B'59'1$'W 217. 0' , ass' O 2as gas'- -m E E o 5EB 16Ea J1 sf`4 8 --LOCK a V t��a"y1 - �elpp€ I a7 s ��. ' - I Ll 5 I_ S96'591 I O 9'1 3fN s $' e 6hKWT1d ESTATES SUED.No.1 14 M24 ` I = Ij 8 E1 J T - BOOK PAGES= 2S 1! ll sfi n�? ?3 1:n 'Do I 339d sP ' v' L2 } __ L20 L19 ug2 s b N $$591 a-* : ; 5 7 36' 6'4Y 59977 O§ .w Q, &B.DO. _ 74.13' 71.41 67-94 '?ic N8959'1$'1f a OmvdNo UTATE3 9.190.NO I W. DJSPNNE 5T, " Q B" �• PAGES= ¢ R 4Q' m so Page 4 Page 150 ■ ��, 14 {} {s {h Q �4 iY {� {Y S r�� F —_ Item#10. -- -- `-----------------;-------s----------,,,, Lw------ siA gal I p �Ir� ,-acc i�ww II1f aa,.w. I I I I UlG]"JI"+FG IJ r6Yr Ci I I I � R� lo-sror�.,rx�m I I I „xa cac f I r «year {8Ji l i.JFi 9 R 6 I I - I I y 14.AVILLA&I. ■ I ' ■ y.RF OF dEEPA(z6E6B �.d, I i'+•+ 5 � ' LLI --- r I I I .�' � � � ;• I I 1 I 1 I � tr RTE. W.&DPRhHOST- 'I i ---- - Ir — ww r O - �• ' �� s�rc I II I TA , LM PLAI Page 6 Page 152 Item#10. • r H -----w� -------------- �. �ti ----- — —�—r_��, ----------- . . ---- ----_— ----- o-. ;.'•'4'�:'1�•.•;.�. ::::.r a:•::::a.•.r•.:::era.•.- '•�. e'.4 � — �1 •f' � ��• •`I`• I— •'.0 `! � as ue,llesvanr�ie I I I I I I I I I iL - , o � I 42� ! W.MPRAN68T. ! _ $^1 '• j I arREENuEem of ain un lin •• 5 a as � i ra Page 7 Page 153 Item#10. LIMIL{gL I yy p � � I W.MILANO:M TRMCLE [.OTLMii1L'f/�irn .'Q 4 �.k K1Q,G]YRi110NOF FIOLLC fdLMikGOF 71V I , t -- -- r - -- ! ' _ F= � 4 i4 Ip„L✓,WMI LQiRALLm°F _ —firrm ODFl.Lnm�w I ta��rLar j•R'� I . go I la i I I � I J � _ o- 1 IFS -- � �• ^ }{ -- -- !. 4+ 4 � LIM 1� 1 I � Page 8 Page 154 Item#10. = i unjuH L II I I i I i I � I uFeEercE FPfEEACEft Eae9 I _ a�ax ! I alao�o - f • r. 3 W.PAILAN O ST. F p 1 � r 1 I I 1 I � I I .a.�reLoraamkrm r I I i I I 00 I I — � I un use I Page 9 Page 155 Item#10. D. Amenity Details (date: 01/07/2022) �; •_ .ter -- 11 ,� � �1 1 I w.[`• Vi Lim- Q-Q-Q a .❑ 121 VV DAPHNE ST AMENTITY AREA ENLARGEMENT 1 scALE:r=m• 16•SQUARE SHAME SAIL- V \ I GDRA I GOFSHILL UBMI ATTACHMENTS C HEIGHTWOODTRELLIS- ORAWING OF SAIL ATTACHMENTS. CONTRACTOR SHPiL SUBMITSHOP DRAWING FOR APPROVAL BY OWNER. r } 10' EG—11—TR— CONTRACTORSHALLIOLDI SHOP DRAWING FOR APPROVAL BY OWNER_ O 16 TRIANGLE SHADE SAIL- CONTRACTOR SHALL SUBMIT SHOP 16 TRIANGLE SHADE SAIL- DRAWING OF SAIL ATTACHMENTS_ `CONTRACTOR SHALL SUBMIT SHOP DRAWING OF SAIL ATTACHMENTS. 1 G'SQUARE SHADE SAIL- CONTRACTOR SHALL SUBMIT SHOP DRAWING OF SAIL ATTACHMENTS. SHADE SAIL POSTS-CONTRACTOR TO — PROVIBE SHOP DRAWING OF SIZE AND FOOTING OF POST(TYP.) I II PUSHUP STATION BY(}FITNESS- HARPOBE SLAPS AND STEELP RM R STANDARD CONCRETE ( MODEL NUMBER:FS-0642,INSTALL PER GOILOR FRIWE ROTHE ELPROER FIATWIX3K PER CIVIL I MANUFACTURERS REGOMMQJDATIONS. COATED FRAME ORORiER APPROVID BY OWNER.SURFACEMCUNTPER SINGLESKYRUNNERBYSTFITNESS- MANUFACTURES RECOMMENDATIONS. STEPER P UP BY O FITNESS-JET MANUFAC EL NUMBER FS EGO MENDINSTA ONNUMB MANUFACTURERS RECOMMENDATIONS. MANUFACTURERS TURER RECOMMENDATIONS PER MANUFACTURERS RECOMMENDATIONS j- -g l TRIPLE HORI-AL BAR BY Q-FRNESS- MODELNUMBERFST1015,INSTALLPER MANUFAOTURER'S-OMMEB-IONS. HARROBENCHBY DSCAPEFORMS- I COLIX2:APE STATS AND STEEL POWDER SINGLE STUP BENCH BY O-FITNESS- COATED FRAME OR OTHER APPROVED MODD_NUMBER FS4043,INSTALL PER BYO-ER.SURFACEMOUNT PER Ir MANUFACTURERS REGOMMENDATIONS� MANUFACTURES RECOMMENDATIONS. DOUILEDIPSTABONIQF1"I 1 I IN PER STALL OUT DOOR FITNESS AREA scALE: Page 10 Page 156 Item#10. D. Common Drive Exhibit I I � I BLOCK8a 16 1 � I 20' WADE TO' L1w10 FRON-r DFaMC SURFACt I I 5' L.WUSCkP_= SJFrER 4Ys1VXLAST $HARED DRIVEWAY TR- FEPE AN) ?+ BLOCK � +I 1 - - - NOTE: LOTS 14 - 16 ARE RESIDENl1AL SINGLE-FAMILY LOTS Page 11 Page 157 Item#10. VI. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. # AZ 08-004,MDA#114030972) and preliminary plat(H-2020-0093) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on successive phases of the preliminary plat by January 5,2023, or within two years of the City Engineer's signature on the previous phase final plat as set forth in UDC 11-613-713; or 2)obtain approval of a time extension asset forth in UDC I I-6B-7. 3. Prior to City Engineer signature on the final plat,the final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 02/03/2022, included in Section V.B shall be revised as follows: a. Note 10,add Instrument Number. b. Note 12,add Instrument Number. 4. The landscape plan,prepared by Stack Rock Group on 02/04/2022 is approved with the following revisions: a. All pathway lots(Lot 8 Block 6,Lot 7 Block 7, Lot 6 and 18 Block 8) shall be planted in accordance with UDC 11-313-12 including a landscape strip a minimum of five(5) feet wide along each side of the pathway and one (1)tree per one hundred (100)linear feet of pathway, or the applicant shall apply for alternative compliance prior to signature of the City Engineer on the final plat. 5. The applicant shall preserve 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 I 1-3B-IOC. 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 development shall comply with standards and installation for landscaping as set forth in UDC I I-3B-5 and maintenance thereof as set forth in UDC I I-3B-13. 8. Developer shall comply with all ACHD conditions of approval. 9. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC I I-3A-6. 10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 11. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. SITE SPECIFIC CONDITIONS: 1. Streetlights must be installed and operational,with approved record drawings submitted,before any form of occupancy. Page 12 Page 158 Item#10. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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. Page 13 Page 159 Item#10. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the prof ect. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point Page 14 Page 160 Item#10. 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 161 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Woodcrest Townhomes (FP-2022-0010) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Dr. Page 162 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 12, 2022 ORDER APPROVAL DATE: APRIL 26, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 19 BUILDING ) CASE NO. FP-2022-0010 LOTS AND 5 COMMON LOTS ON ) 1.97 ACRES OF LAND IN THE R-15 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT WOODCREST TOWNHOMES ) SUBDIVISION. ) BY: BLAINE A. WOMER CIVIL ) ENGINEERING ) APPLICANT ) This matter coming before the City Council on April 12, 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 WOODCREST SUBDIVISION, A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODCREST TOWNHOMES SUBDIVISION FP-2022-0010 Page 1 of 3 SHEET 1 OF 4," 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 12, 2022, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODCREST TOWNHOMES SUBDIVISION FP-2022-0010 Page 2 of 3 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 26th day of April 2022 By: Robert E. Simison 4-26-2022 Mayor, City of Meridian Attest: Chris Johnson 4-26-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4-26-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODCREST TOWNHOMES SUBDIVISION FP-2022-0010 Page 3 of 3 Page 165 Item#11. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 4/12/2022 Legend EEE] - DATE: ff ® - ILIProject Lacfl-fiar - TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2022-0010 00 10 Woodcrest Townhomes—FP,ALT LOCATION: 1789 N. Hickory Way, in the SE '/4 of Section 5,Township 3N.,Range IE. I. PROJECT DESCRIPTION Final plat consisting of 19 building lots and 5 common lots on 1.97 acres of land in the R-15 zoning district for Woodcrest Townhome Subdivision. II. APPLICANT INFORMATION A. Applicant: Andrew Newell,Blaine A.Womer Civil Engineering—4355 W. Emerald St., Ste. 145,Boise, ID 83706 B. Owner: Landmark Pacific Development, Inc.—PO Box 1939,Eagle,ID 83616 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2021-0082) and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots and common open space depicted on the proposed final plat as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. The Applicant also requests alternative compliance to UDC 11-317-51),which requires the residential development to be a(mew or) gated development. As an alternative to a traditional functioning gate, Page 1 Page 166 Item#11. a faux gate is proposed at the entry of the subdivision to signify the street is for private rather than public use. In accord with the Findings in Section VII,the Director finds the proposed faux gate to be an acceptable and equal means of meeting the intent of the code requirement. The subject property is a lot(i.e. Lot 4, Block 1)in Mallane Subdivision.Note#10 on the subdivision plat states that all lots in the subdivision are subject to common/cross access/ingress-egress pursuant to the CC&R's recorded as Inst.No. 103165333. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. The Director approved the request for Alternative Compliance to UDC 11-3F- 5D per the Findings in Section VII. Page 2 Page 167 Item#11. V. EXHIBITS A. Preliminary Plat(date: 9/7/2021) PRELIMINARY PLAT OF WOODCREST TOWNHOMES SUBDIVISION „ A PI EL OF LAND LOUATED IN THE MUNI 1/+OF THE SOLITHE6T 1/4 OF MUCH 5 E 9 TOWNSHIP 3 NORTH,-GE 1 EAST,NOISE MERIDIAN COY OF NERIONN AOR COO NIY,IGPHO v"'" ••••� `"•"'n SEAT BER,2021 n' i } 1 ® VICINITY MAP No�N Homed i NTS n ensSUBDVISIONNO1 V u 4 e ! ' sort wvu PRELIMINARY PLAT LAND USE SUMMARY " \\V 9 x ate. DEVELOPMENT NOTES zoo �LWTABLE LT eNBBIYIBI� _ r LT �s N LEGEND 1 � r®cvnu as aR uxr m� COMACT INFORMATION m anP o � suxsrw ___.-____ -- ERAPPDGn I,wouecE naenlTECT xY ,x — — utteuu r.n.e.. `ws[m.s� MIlUNE §L v BOBDIV1910N vEEi SEaL-[NGmEER HENCHNAPN: E1+22�0004 NnowMmarsllelow °"P€f�.I o:_ $® ecl v of M Rlolarv.toamxs PmvT Pu eEsn 1;�T. ('�^ BLAINE A WOMER WOODCREST TOWNHOMES SUBDNISICN Callhetoreyau CMLENGNF£PoNG ®a COVER SHEEPp wG S TUS. i*�L WPRELIMINARY PLAT Page 3 Page 168 Item#11. B. Final Plat(date: 2/7/2022) PLAT OF WOODCREST SUBDIVISION A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5 TOWNSHIP 3 NORTH.RANGE 1 EAST.DOISE MERIDIAN CITY OF MERIDIAN.ADA COUNTY. IDAH0 2022 _ DOVE MEADOWS SMIVISION NO.1r / � 0 3 DOVE MEADOWS /x SUBDIVISION NO I �sL'� wq, ` SHEET INDEX ———— ———— �a��Ex uxE I w a xoMNo 20 I" • _,as xxa�.xu�r��I ns MALLANE • .ter Ils'Nca+n.Pusnc cw'nsl ns• SUBDIVISION ® o� cwwnE 22 /// 16�� ® SLR+EY WNIIYLr POlwf 14 xcm[plrux 24 / B➢1'x 1 II 4 I I b it 3 g Nea32'as,N CONTACT INFORMATION it ^+ I I I S ENGINEER/4'lAfrNE@ SURVEYOR I 1 � ■ I" ea9E�om�ox�es�r[u.P.c s ��iR wm�d N'B°'3335'N 119.25' — RFAL POINT v�ue 1>mliyy v��°Lre'1'°�,t3-0i'�" IR]939i ,� 6 AE[l NNING MALLANE SUBDIVISION — L&F Inrt,ft.9223994 N-213W 24474' 9 t/a Cor N9932'S9YI 29].2fi OW 119 Sec.S~99"49'44Y! ]614,1]' Sec,es. Sec.6 �aza3s sK-9 ®BLAINE A-WOMER �� e IFOF 4ry ' crva F�rvEUNw� ° N N1420004 Page 4 Page 169 Item#11. C. Landscape Plan(date: 11/4/2021) &Amenity Detail LANDSCAPE LEGEND PLANT SCHEDULE 1=2 OWa�y�� m W ::,, CALLOUT LEGEND o = F �R A U a � � s LANDSCAPE PLANKLW 0 LANDSCAPE SET SHEET INDEX 0 THIS SHEET 11.0 LANDSCAPE PLAN SEE SHEET L2 O FOR LANDSCAPE NOTES AND DETAILS. SEE SHEET L3.0 FOR IRRIGATION NOTES&DETAILS SEE SHEET L3.1 FOR IRRIGATION CONTROL DETAILS L1.0 SEE SHEET L3 2 FOR DRIP IRRIGATION DETAILS Page 5 Page 170 Item#11. Jul EEn CHyd3K: li F E'I I'. I m—.,haft below. o o r-I EI.EIW irE E E- pL rN�wEE BLAINE A.WOMER E T :;I:I I':- E CalibE01 you dig na Eir o c E ib• EB E IT E,HI ITE 0 HIE 1 C If- [I- CMLENGINEERING Page 6 Page 171 x i1N1111 - - Il �lllllll�r�� PON,II,T ljoi. loom e - - 'INS _a 11 R � Item#11. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development [H-2021-0015 (DA Inst. #2022-018604; H-2021-0081)]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of approval of the preliminary plat(by January 18,2024); or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Blaine A. Womer Civil Engineering, shall be revised as follows: a. Note #10: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." b. Note #14: Include the recorded instrument number of the ACHD landscape license agreement. c. Note#15: Include the recorded instrument number of the NMID license agreement. d. Remove the former 25' landscape easement along the project's northwest boundary as it's no longer required with residential development. e. Remove the building setback line from the face of the plat and the Legend. f. The final plat shall be stamped, signed and dated by the PLS. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan shown in Section V.C, dated 11/4/21, shall be revised as follows: a. Depict a pathway from the sidewalk along the private street on the west end of the site through the common area to the parking area at the southeast corner of the site as required by preliminary plat condition #3a. Also, depict landscaping along the pathway in accord with the standards listed in UDC 11-3B-12C. b. Depict the location of the faux gate at the entrance to the subdivision off the north/south shared drive aisle from N. Hickory Way. c. Remove the shrubs that are depicted along the northwest boundary of the site as a landscape buffer is not required with this development. d. The location of the pedestrian pathway on Lot 17,Block 1 shall be shifted away from Lots 18 and 19 as much as possible to comply with the standard in UDC 11-313-12C.1, which requires a minimum 5-foot wide landscape strip to be provided along each side of pathways,while not encroaching in the 2-foot wide vehicle overhang area adjacent to the row of parking along the east boundary of the site. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. Page 8 Page 173 Item#11. 6. All development shall comply with the dimensional standards for the R-15 zoning districts listed in UDC Table I1-2A-7.1n the case where a wider easement exists, a greater setback may be required. 7. Install "No Parking Fire Lane" signs along the private street per requirement of the Fire Department in accord with ACHD standards.The bottom of the sign(s)should be 7-feet above the road/sidewalk surface and shall not be in the travel way.The sign(s)shall be installed about 6-inches to 1-foot behind the curbing or edge of pavement on a Telspar post. No other signs shall be approved: 8. A private street application was tentatively approved by the Director on January 5,2022 for the proposed private street. Compliance with the standards for such listed in UDC 11-3F-4 is required. The Applicant has one(1)year to complete the tasks listed in UDC 11-317-313 in order to obtain final approval of the private street. Upon completion of these tasks,the Applicant shall submit documentation to the Planning Division verifying completion and the Director will issue a letter stating the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved per UDC 11-3F-3B.5. 9. The private street shall connect to the collector street(i.e.N. Hickory Way) for emergency wayfinding purposes;the connection requires approval from ACHD. If not possible to connect,the Applicant shall submit an application for alternative compliance to UDC 11-3F- 4A.2. 10. "No Parking Fire Lane"signs are required to be installed the entire length of the private street in accord with ACHD standards; if a curb exists next to the drive aisle, it shall be painted red per UDC 11-317-413.2d. 11. All ditches are required to be piped in accord with UDC 11-3A-6A unless waived by City Council or used as a water amenity or linear open space. 12. The Director approved alternative compliance to UDC 11-317-51) to allow faux gates to be constructed at each end of the private street as shown in Section V.D, rather than fully functioning gates that restrict access to the development. 13. 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. 14. A Design Review application shall be submitted for all of the structures in the development and approved prior to submittal of application(s)for building permits.The elevations submitted shall comply with the design standards in the Architectural Standards Manual and the provisions in the Development Agreement. 15. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. A streetlight plan has not been approved. Streetlights must be installed and operational,with approved record drawings submitted,prior to occupancy of any building within the development. Page 9 Page 174 Item#11. 2. Sewer services shall be installed perpendicularly to the water main, or discharge directly into a manhole. Block 1,Lot 2,Block 1, Lot 5,and Block 1, Lot 6 do not meet this requirement and need adjustment. 3. A geotechnical report was not provided with the Final Plat application. A geotechnical report must be provided and reviewed prior to signature of the Final Plat. General Conditions: 4. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 5. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 6. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 7. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 8. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 9. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 11. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Page 10 Page 175 Item#11. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 17. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 18. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 19. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 20. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 21. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 22. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. Any 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 11 Page 176 Item#11. 25. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 26. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 27. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VII. FINDINGS A. Alternative Compliance(UDC 11-5B-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the required finding for private streets listed in UDC 11-3F-5D which requires the residential development to be a (mew or)gated development is feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative compliance ofproviding a faux gate at the entry of the private street provides an equal means for meeting the requirement in that it signifies a private area that is not for public access. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means of compliance will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 12 Page 177 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Copper Canary (H-2022-0009) by ALC Architecture, Located at 2590 N. Eagle Rd. Page 178 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER A In the Matter of the Request for Modification to the Existing Development Agreement(Inst. #104129529)to Remove the Subject Property from the Agreement and Prepare a New Development Agreement with an Updated Conceptual Development Plan; and Removal of the Requirement for Conditional Use Approval of any Future Uses on the Site; Requirement for Access to be Taken from the North via the Future Backage Road with Emergency Only Access from the South,by ALC Architecture. Case No(s). H-2022-0009 For the City Council Hearing Dates of: March 22 and April 12,2022 (Findings on April 26,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 12,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 12,2022,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 12,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 12,2022,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 COPPER CANARY MDA H-2022-0009 - I - 7. That this approval is subject to the provisions in the attached Staff Report for the hearing date of April 12,2022, 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 a modification to the existing Development Agreement is hereby approved with changes made by the Commission as noted in the Staff Report for the hearing date of April 12, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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 12, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR COPPER CANARY MDA H-2022-0009 -2- By action of the City Council at its regular meeting held on the 26th 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 4-26-2022 Attest: Chris Johnson4-26-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-26-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR COPPER CANARY MDA H-2022-0009 -3- Item#12. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING April 12,2022 Legend DATE: Continued from:March 22, 2022 Project Location 0 TO: Mayor&City Council -R-BL E MODEL FROAM: Sonya Allen,Associate Planner ; -C'' LN RUT 208-884-5533 R-2 J SUBJECT: H-2022-0009 ?--_ LR1 —-E ILE EDR w Copper Canary 1 R1 LU -R-2 a LOCATION: 2590 N. Eagle Rd. in the NW 1/4 of -� Section 4,T.3N.,R.IE. R12 R-4 -� C-C R-40 a R-4 W -RUT RUT-I E RIVER VALLEY ST z N =R-4 C-G 0a w 3 z I. PROJECT DESCRIPTION Modification to the existing development agreement(Inst. #104129529)to remove the subject property from the agreement and prepare a new development agreement with an updated conceptual development plan;removal of the requirement for conditional use approval of any future uses on the site;requirement for access to be taken from the north via the future backage road with emergency only access from the south. II. SUMMARY OF REPORT A. Applicant: Jeff Likes,ALC Architecture- 1119 E. State St., Ste. 120,Eagle,ID 83616 B. Owner: East River Valley Street, LLC 2832 State St., Carlsbad, CA 92008 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Notification published in newspaper 3/6/2022 Page 1 Page 182 Item#12. EXHIBIT A Notification mailed to property owners within 300 feet 3/7/2022 Applicant posted public hearing notice on site 3/30/2022 Nextdoor posting 3/8/2022 IV. STAFF ANALYSIS The existing Development Agreement(DA))(Inst. #104129529—Red Feather AZ-03-021) originally encompassed a larger 114.52-acre area that includes Redfeather Estates,a residential development to the east and adjacent commercial properties. The DA requires any future uses of the property to only be approved through the Conditional Use Permit(CUP)process and requires either a public or private backage street generally parallel with Eagle Rd./SH-55 to be incorporated into the design of future site plans.A conceptual master plan demonstrating interconnectivity,transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted. See Section VIA for more information. A variance(VAR-08-004)was approved in 2008 for a temporary access via N. Eagle Rd./SH-55 until such time as access can be provided to the site from either the south via a frontage road from the extension of E. River Valley St. or from the north across the South Slough.At such time,the temporary access to Eagle Rd. is required to be removed and the street buffer landscaping adjacent to Eagle Road is required to be completed. Currently, there is no access to the site from either the north or the south. The Applicant requests a modification to the existing DA to remove the subject property from the agreement and prepare a new DA with an updated conceptual development plan; removal of the requirement for conditional use approval of any future uses on the site; and requirement for access to be taken from the north via the future backage road with emergency only access from the south. A conceptual development plan was submitted as shown in Section VI.0 that depicts a reconfigured parking area, extension of the street buffer and pedestrian pathway across the existing driveway from N. Eagle Rd./SH-55, a drive aisle along the east boundary of the site connecting to the north for future access via Eagle Rd./SH-55 and to the south for emergency access only.Note:A driveway from Eagle Rd.ISH--55 is depicted on the concept plan partially on this site and partially on the property to the north that has not been approved; an approved access via Eagle/SH-55 exists approximately 500'to the north of the subject property. The UDC(11-3H-4B.2)does not allow new approaches directly accessing a state highway. The City Council may consider and approve a modification to this standard upon specific recommendation of the Idaho Transportation Department per UDC 11-3H-3. Staff anticipates a request for this access will be part of a future development application on the adjacent property to the north. The Applicant proposes new DA provisions,which are included in Section VI.D below. Staff is amenable to the request to remove the requirement for a conceptual master plan to be submitted for the overall area as much of this area has already been developed and/or has entitlements. Staff is also supportive of the removal of the requirement for any future uses to be approved through the CUP process as the UDC (Table 11-2B-2)governs the allowed uses in the C-G zoning district and a CUP is not required for all uses. Staff is not in favor of removal of the requirement for a public or private backage street generally parallel with Eagle Rd./SH-55 to be provided as UDC 11-3H- 4B.3 requires such to provide future connectivity and access to all properties fronting the state highway that lie between the Applicant's property and the nearest section line road and/or half mile collector road.Although a drive aisle/backage road is depicted on the conceptual site plan, Page 2 Page 183 Item#12. EXHIBIT A it's proposed to dead-end at the southern boundary with an emergency only access to the south. Because access is limited in this area, Staff believes it's important for this backage road to provide through unrestricted public access to the north and the south. The Fire Dept. does not support the backage road being blocked for emergency access only and states the road needs to run through unobstructed for fast access to businesses in this area. Based on the aforementioned recommendation, Staff recommends the conceptual site plan is revised to depict a backage road along the east boundary of the site with unrestricted access to the south.DA provision#5.1d should be revised to include vehicular access to the south.DA provision#5.1e should be replaced with a requirement for cross-access easements to be granted to the properties to the south and to the north; a recorded copy of the easements should be submitted to the Planning Division with the Certificate of Zoning Compliance application. V. DECISION A. Staff: Staff recommends approval of the modification to the DA with the changes noted in Section V.D as discussed above in Section IV. B. The Meridian City Council heard this item on March 22 and April 12,2022.At the public hearing on April 12,2022,the Council moved to approve the subject MDA request. I. Summary of the City Council public hearing: a. In favor: JoAnn Butler,Butler Spink,LLP: Jeff Likes,ALC Architecture: Brian Carlisle, Bach Homes: and Jeff Bower, Givens Pursley,representing GFI-Meridian Investments. LLC. b. In opposition:None c. Commenting:None d. Written testimony: Jeff Bower, Givens Pursley,representing GFI-Meridian Investments LLC e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kris Blume.Fire Chief 2. Key issue(s)of public testimony: a. The property owner to the south,Bach Homes, supports the emergency only access to the south as they plan to develop the property with a multi-family residential use which will connect to the existing Regency at River Valleyapartment development to the east- b. The property owner to the north. GFI-Meridian Investments,LLC, is generally supportive of the proposed DA modifications requested by the Applicant and does not object to the proposed emergency only access to the south. C. In response to a question from the Council,the Fire Chief clarified that it may have been the Fire Marshall that had communicated with Staff and responded to the Council: "As long as an emergency access is preserved and not blocked,that's all we care about. Certainly,the applicant's concern about protecting the community as well as the people trafficking the area,we certainly agree with that,we just want to make sure the Fire Department has adequate access, and Code-compliant emergency access only would meet the needs of the Fire Department without any blockages." 3. Key issue(s)of discussion by City Council: a. The backage road along Eagle Rd. and whether or not access should be restricted to emery only at the southern boundary of the site. 4. City Council change(s)to Staff s recommendation: a. Council approved the Applicant's request for emergency only access to be provided at the southern boundary of the property provided the adjacent property to the south Page 3 Page 184 Item#12. EXHIBIT A develops with residential uses:however, if the adjacent property to the south develops with commercial uses, a through access shall be provided and shall not be limited to emergency access only(modify DA provision#5.1e accordingly). VI. EXHIBITS A. Existing Development Agreement Provisions(Inst. #104129529) 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under"City's"Zoning Ordinance codified at Meridian City Code Section 11-7-2(K)which are herein specified as follows: Any future uses of the property shall be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle RoadISH SS shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties for the C-G zone 4.2 No change in the uses specified in this Agreement"be elbwed witho ut me difiea6on o f thi s Agreem ent. Page 4 Page 185 Item#12. EXHIBIT A 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Owner"shall develop the"Property'in accordance with the following special conditions: 1. Removal of any existing domestic wells anWor septic systems within this project from their domestic service must be accomplished at such time as the"Owners"change the current use of"PropenY'or otherwise develop the"Property"in accordance with the terins hereof 2. Any future ruses of the property shall be approved only through the conditional use permit process_In addition,there is a requirement that either a public or private backage street generally parallel with Eagle RoadISH 55 shall be incorporated into the design or futtue site plans. A conceptual master plan derrronstrating interconnectivity,transitional uses.,access points and other key land planning issues is required prior to any detailed CUP applications being submittcd on either the Bryson or 5chrammeck properties. The following Comprehensive Plan policies (from C}taptcr VI and VE) shall be applicable to these properties: T. rsnsporWion Policies AF.2licable to the BrvsadSchram:ne�,k_Annexation: • "Large development proposals that are likely to generate significant traffic should be assessed for their impact on,the transportation system and surrounding land uses. Thcy should be examined for ways to encourage all forms of transportation such as transit,walking,and cycling. * New development should not rely on cul-de-sacs since they provide poor fire access,walkability,and neighborhood social life. New development and streets should be designed to encourage walking and bicycling- * In addition to providing for enhanced automobile traffic,Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies,congestion on roadways can be decreased. Page 5 Page 186 Item#12. EXHIBIT A * Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of fife_ The proposed off-street and multiple-use pathway systems arc depicted iin Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. * Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the mrnber and location of private driveway access connections to this important roadway. The City should recognize,adopt,and help implement the Eagle Road Acccss Control Study, Pmpared by ACHD in 1997." Mixed Vk c Development Policies Applicable to the B. hratrunpck Annexati2n * "Where feasible,multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to Static Highways 20-26,55 or 6% In developments where multiple commercial andlor office buildings are proposed (not residential),the buildings should be anranged to create some form of eornrnon,usable area, such as a plaza or green space; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3_ All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 124- 13.Plans will need to be approved by the appropriate irrigation/drainage district,or lateral users association,with written confirmation of said approval submitted to the Public Works Department. Page 6 Page 187 Item#12. EXHIBIT A B. Legal Description&Exhibit Map for Property Subject to New Development Agreement LXH1BUY -A" ca l j)v,ry rip iion or the Property A portion of the Southwest quatlef of the Non hwast quar#erof Sectbrl 4,Twmship3Wnh, Range 1 East, Boise Meridian.more partic.tl.arly described as tollows: Comma m*9 at the lbtth+lreat axner of the 54iAhmst quarter of the No-Mwesi quarter of Section 4, Township 3 Flog K Rouge 1 East,wise Meridiaun,Ada rountV.Idaho, thence South along the West litre of"d Secbon 4, a distance of 433.62 Peet W the Real Point of Beginning- thence South SY4(YEast 231M%dtoapoint, thence North 93050'Ea 1114,57feelto a point.Ownce South 213.051eel to poir4, thence Wev 300,OOfeet to a point on the(Ifni%st line of said Section 4.thence North 342,64 feet to the Paint cO Beginning- Exu:epling a 25 foal strip on the ((test side for highway right-at-my- Also Exceplmg a parcel at land being on tfre Easterly side of the centerfineof State Highway No. 55(Eagle Road, Project No. FH-F-3271(037)Highway Survey, as shown on the plans thefeof now an file in the oftim of the Idaho Transportation Qeparlment, and being a portion of the Southwest quarter of the "thwe$I quarter of Section 4.Township 3 North, Range 1 EasL Bore MerPthan. descried a6 Iol low s to-wit: CorrimenOr@ al the North voe&I cornet of the Southwest quarter of the Northwesl qualler of Sedhort 4. Township 3 North. Range 1 Eas1. Boise Merid-cart I bears North W23,4r Wes 0,34 fee#tram Station 155+31.73 of sad Slate Mighway No.55(Eagle Road), Project Nll-F-3271(071 Highway Suvey; thence South 0"36'13- West(shown of{ecard I be South)alorg the Wes](in eof said SWhwest gLodetr of the Northwest quarter a d+slame of 76S,43 feet is how n of record to be 776,26*eke b the Southwest Minor of the tract of land as described in IhaI certain Warranty peed daled January 24,1975,retarded JanUary 24, 1975.as Instrument No- 91295& remrdsof Ada County, Idaho, said corner being a poml in the~centerline«of said Stale Highway Flo, 55,that(is coincident with Station 147+66.31 of said Rig frway Survey and being the ReV pleceof Begir ruing; thence South 89-23'47' East(shown of record to be East)thong the South line of said tract cd la 70.0 feet to a paint in a lie pwalel with and 70.0 feet Easte0y frurn the cemerline and beams South 89-23'47- East tm m Station 147+6621 of said Righway Survey; thence North 0 3613' Fast along surd paralel line a distance of 29LOS leer id o pgint in the Ncwthorly lime of said tract of land and being flppcsite Station 1S4+5T.35 of said Highway S trwey; thence North W03'47' West (shown o4 mcordlo lee North 53`40'West�along sand Nod"1inc 8629 feel to the Northwest Corner orl said tract of land,said comer being a poira i n the West line of said SouthwesI quarter of the Fbrthw sl quarter,said West line berg coincWenl with the centesiine of said State Highwatr Flo- S5, and said pant hei g co inc i nt*1th Station 151+0&84 of s.atd HighwaySurvey. thence South 0 3613' West along said West line being cairMcidant with said cen terl n e 342-53 feet to the Beal Place of Ek�ginning- PArit IIX- Page 7 Page 188 Item#12. EXHIBIT A COPPER CANARY Y LEGAL DESCRIPTION EXHIBIT a1�r.m• PORTION OF THE SW 1A OF THE hW 14 OF SECn4N AV fir 4,T.W.R1 E„MiSE MERMAN.CRY OF MERC VA ADAGOLKrVJBNMO. BFiRMCS mO OISUhM war v ar FREw AREWDuE FLATS WE TO OFFENENr wETFW OF W-�SURE4ENM FEBRl,1,aRY= $GALE!i'■V SHEP7 1 OF i �v J u I.N.M-16 .3 ID rasa^23!$rw_230.M, LAI 4 CENS 18350 L AFCEF2APl ESTVOLD TMIWofft(IIYHrWfl WIN,Ste.102 OHrnenClq,1083714 208.W.CA'M- wwwaekermen-HHlvoldmm Mimi.Im I FWgD KE. VAlkun.40 1 Huse IE Page 8 Page 189 Item#12. EXHIBIT A C. Proposed Conceptual Development Plan 202 v E(M1 ZKB2. wa IN - �x .•r �� aa�ocnrso TRASH ciAERGENCY �1 ��' r Er+cLngu RE } -GREsg ONLY a CONCEPTUAL SITE PLAN COPPER CANARY SITE WORK L �.—.-:.:, SCAM: 1I3T=11P "J Page 9 Page 190 Item#12. EXHIBIT A D. Proposed Development Agreement Provisions Staffs recommended changes to the proposed provisions are shown in strike-out/underline format. 1. 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. 1.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 1.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 2. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the Property shall no longer be subject to the terms of the Development Agreement recorded as Instrument No. 104129529. b. Development of the Property shall be generally consistent with the conceptual development plan depicted on Exhibit"C",attached hereto, and the provisions contained herein. C. Owner/Developer shall make application for administrative Design Review. Future development shall comply with the structure and site design standards listed in the Architectural Standards Manual. Strict design review of all four sides of the remodeled existing building is required. d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall continue until vehicular access to the north across the South Slough and to N. Eagle Rd./SH-55 or to the south to E. River Valley St. is provided. At such time,the temporary access to Eagle Rd./SH-55 shall be removed and the street buffer landscaping adjacent to Eagle Road shall be completed consistent with the UDC standards.Note: The access via N. Eagle Rd./SH--55 depicted on the conceptual development plan along the northern boundary of this site is not approved with this application. e. The drive aisle on the east side of the Property shall terminate at the south boundary of the Property as an emergency vehicle access ifthe adjacent property to the south develops with a residential use. Access will be restricted by a gate that will allow for emergency vehicle. The Owner/Developer shall coordinate the design of the gate with the Meridian Fire Department. However, if the adjacent property to the south develops with a commercial use, access shall not terminate and a through access shall be provided. Cross-access easements shall be granted to the properties to the north and to the south and recorded copies of the easements shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. Page 10 Page 191 Item#12. EXHIBIT A f. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s). Page 11 Page 192 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Denial for Eagle Crossing (H-2021- 0104) by Wadsworth Development Group, With the Project Location Encompassing the Five Existing Lots Located at the Southwest Corner of S. Eagle Rd. and E. Ustick Rd. Page 193 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E AND DECISION DECISION & ORDER I D A H O Date of Order: April 26, 2022 Case No.: H-2021-0104 Applicant: Wadsworth Development Group In the Matter of. Request for modification to an existing Development Agreement(Instrument No. 2019-121599) for the purpose of updating the existing concept plan. Pursuant to testimony and evidence received regarding this matter at the public hearing before the City Council of the City of Meridian ("City Council") on March 22, 2022, and April 12, 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 Applicant's property("the Property"), the Applicant's request, and the process are set forth in the staff report for Case No. H-2021-0104, which is fully incorporated herein by reference. 2. The Property is encumbered by an existing Development Agreement (Instrument No. 2019- 121599), which includes a Conceptual Development Plan. 3. Pursuant to Section 5.1(c) of the Development Agreement, development of the Property shall substantially comply with the Conceptual Development Plan. Failure to substantially comply with the Conceptual Development Plan shall constitute a default under Section 7.1 of the Development Agreement. 4. The Applicant wishes to develop the Property in a manner that differs from the existing Conceptual Development Plan. Therefore, the Applicant has requested that the City modify the Development Agreement for the purpose of updating the existing Conceptual Development Plan. 5. The Applicant's request is described in the staff report for Case No. H-2021-0104, which is incorporated herein by reference. 6. The City Council held a public hearing on March 22, 2022, and April 12, 2022, to consider the Applicant's request to modify the existing Development Agreement. The City Council received testimony from the Applicant and the public concerning several issues, including ingress, egress, and internal traffic circulation. 7. Under the proposed Conceptual Development Plan, ingress, egress, and internal traffic circulation will be detrimental to the community. 8. After carefully considering all the testimony received and all the information in the record, the City Council finds that the Applicant has failed to demonstrate that the Applicant's FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Wadsworth Development Group—Case No.H-2021-0104 Page 1 proposed Conceptual Development Plan is superior to the existing Conceptual Development Plan in the Development Agreement. 9. Based on the foregoing, the City Council finds that it would not be in the City's best interest to modify the Development Agreement. B. Conclusions of law. The City Council concludes that: 1. The City Council takes judicial notice of the Unified Development Code of the City of Meridian("UDC"), codified at Title 11, Meridian City Code; all current zoning maps; and the City of Meridian Comprehensive Plan. 2. The City Council takes judicial notice of the Local Land Use Planning Act("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. 3. A development agreement is a binding contract. Wylie v. State, 151 Idaho 26, 32, 253 P.3d 700, 706 (2011). The legal effect of a development agreement is determined by the plain meaning of the agreement.Id. 4. A decision to modify a development agreement shall be made by the City Council. UDC § 11-513-3(F)(2). 5. The City Council may modify an existing development agreement, but it is not required to do so. UDC § 11-5B-3(F)(2). The City Council may deny a request to modify a development agreement if the proposed modification is not in the best interest of the City. See id. 6. Courts in the Fourth Judicial District of the State of Idaho have held that a City Council's decision to approve or deny a request to modify a development agreement is not subject to judicial review.Brown v. City of Meridian, CVO 1-19-06894, slip op. at 12 (District Court of the Fourth Judicial District of the State of Idaho, County of Ada, Nov. 11, 2021). C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby denies the Applicant's request to modify the Development Agreement because the proposed modification is not in the best interest of the City. 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 67-652 1(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, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Wadsworth Development Group—Case No.H-2021-0104 Page 2 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 26th day of April, 2022. Robert E. Simison 4-26-2022 Mayor Attest: Chris Johnson 4-26-2022 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Wadsworth Development Group—Case No.H-2021-0104 Page 3 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement (Lennon Pointe H-2021-0071) Between the City of Meridian and Lane Development, LLC (Owner/Developer) for Property Located at 1515 W. Ustick Rd. Page 197 ADA COUNTY RECORDER Phil McGrane 2022-041093 ' BOISE IDAHO Pgs=64 BONNIE OBERBILLIG 04/27/2022 09:17 AM CITY OF MERIDIAN, IDAHO NO FEE JWVELOPW�ff AGREEMENT P` S: 1. City of Merldian 24 Lane Development,-LLC, Owner/Developer S DEVELOPMENT AGREEMENT(this Agreenift0l,is made and entered into this 26th day of April � 2022,by and between City-of Meridian, a mumcipal corporation rf the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue,. Meridian, Idaho 83642 and Lane Development L C,-whose,address is PO Box 608,Eagle, Idaho 83616,her ° fler ed OWNERIDEVELOPM i» RECITALS- Ll WHEREAS,Owner is the sole o er,in lawand/or equity,of e of land in the County of A.da, State of Idaho,-described in Exhibit"A7,which.is attached hereto and by this reference incorporated herein:as if sett forth in full, herein after referred to as the Property;and 1-2 WHEREAS,Idaho Code 4 67-6 11A provides that cities may,by ordinance, require or permit as a condition ofzoning that the Owner and/or Developer male a written commitment. concerning the use or de elopment f the subject Property; and L3 WHEREAS, City has exercise its statutory authority by the enactment of Section 1 1-5B-3 of the Unified;Development Code C "),whichauthorizes development agreements on'he annexation 'car rebzoning of l d;and .4 WHEREAS,-Owner/Developer has submitted an application for annexation and rezone on 10.41 acres of land ftom the RUT zone to R4 (Medium Density Residential) and -C (Community Business) zoning districts on the prone as shown in wit"X' der the Unified Development Code,wbieh generally describes haw the Property will be developed and what improvements will be d 1 AS, Owner/Developei representations at the public hearings b Planning .., Zoning+C a 901*li UnA trio metidiaA City d"esUncil,as ta, hew the Property will be dmtopead and what improvements will be made;and L6 WHEREAS,the record cif the proceedings foxrequested rezoning held.before. Planning and Zoning Commission the City Counei4 includes ponse o govemment subdivisions providing services within the City of Meridian p "ng Junsdict 0rt,.arid ' lodes f r test' comment; d Eve O �REE. _ Qr POIN o (H 0 1-07t) PAGE t OF 8 1.7 WHEREAS, on the 8"' 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 OWNERIDEVELOPER: means and refers to Lane Development, LLC whose address is rO Dam 606, Easla, Idaho 9a616 la—lnafk av —11-a 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)ofProperty 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—LENNON POUTE COMMUN ry(H-2021-0071) PAGE 2 OF 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 plat,site plan,landscape plan,open space exhibit,and conceptual building elevations included in Section V11 and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". b. The 10-foot multi-use pathway along the Kellogg Drain and Creason.Lateral in the southwest quadrant of the site shall be constructed with Phase 1 of the development. c. The existing county residential access onto W. Ustick Road shall be closed upon development of the subject site;the only approved accesses to the adjacent arterials are those shown on the site plan. d. All pedestrian crossings within the private street and drive aisle portions of the site shall be constructed with brick,pavers,stamped concrete,or equal to clearly delineate pedestrian facilities. e. The required landscape street buffers shall be constructed and vegetated along the entire perimeter (along N. Linder Road and W. Ustick Road) with the first phase of development. £ No more than 18 multi-family units are approved with the Lennon Pointe Community development. g. If cross-access is proposed between the commercial lot and the 5-unit townhomes,the Applicant shall submit a recorded cross-access agreement to the Planning Division at the time of Final Plat Signature to ensure perpetual cross-access between the private street in the residential portion of the project and the commercial drive aisle. h. Applicant shall construct the following landscaped areas with trees that touch at maturity,trees at least 3"in caliper at the time of planting,and install enough plants to have at least 70% ground cover at plant maturity: landscape buffer between the proposed commercial building and the single-family residential to its south and; the landscape area at the northeast corner of the site between the multi-family building and the east property boundary(Lot 31,Block 1). DEVELopmE+IT AGREEMENT-LENNONI POD=CoWAUNrrY(H-2021-0071) PAGE 3 of 8 Item#14. i. With the first phase of development, the Applicant shall construct raised curbing or similar within the Linder Road access adjacent to ACHD right-of-way to discourage any left-in or left-out traffic patterns. Applicant shall depict this curbing on the civil drawings and landscape plans with the first final plat submittal;coordinate with ACHD as necessary. 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/Devcloper, 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 (190) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable 1?EvELoPmENT AGREEvENT—LENNON Pam commuNny(H-2021-0071) PAGE 4 OF 8 Page 201 Item#14. control of the parry 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,imamediatelyupon 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. 1 l. 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 SwLva Muil, rcgiotcrcd or ocrtifiod mail, pvotagc prepaid, rcium receipt requested, addressed ws follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 DHvELopmmfr Aox>E[Errr—LENNoN Mum m Comm NfrY(H-2021-0071) PAGE:5 OF s Page 202 Item#14. OWNER/DEVELOPER: Lane Development,LLC PO Box 608 Eagle,ID 83616 14.1 A parry 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. TEM 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 taldng 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) ❑ha.11onging the validity of'any prvviai.ozx in this Agroomcat,the parties wee to cooperate it%defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this DEvaDPMENT AGREEMENT-LENNON PODTM CO1vIMUNrrY(H-2021-0071) PAGE 6 OF B Page 203 Item#14. Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text;acknowledgements, signatures and Exhibits A and B follow] DEVEIAPMENT AGREEMENT—LENNON Poft47E CommurtrrY(H-2021-0071) PAGE 7 OF 8 Page 204 ACKNOWLEDGMENTS IN WTTNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Lane Developm By: T�erY13�g- Its: -,�t4qkn 1--Ayle-- CITY OF MERIDIAN ATTEST: By. 4-26-2022 Chris Johnson, City Clerk 4-26-2022 Mayor Robert E. Simison ty STATE OF IDAHO ) ss: County of Ada ) N On this '1�day of Y u 2022,before me,the undersigned,a Notary Public in and for said State, personally appeared (.0 known or identified to me to be the m9 V1�)W' ' of Lane Development,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal day and year in this certificate fast v JESS1CA LUPTON COMMISSION#20212435 NOTARY PUBLIC Notary Public for 1 D STATE OF IDAH Residing at. ( V10 W COMMISSION EXPIRES 061211ZC127 My Commission fires: l 1 LUZ- T STATE OF IDAHO ) ss County of Ada ) On this 26th 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,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian Idaho Commission expires: 3-28-2028 DFvaDPMENT AGREEMENT—LENNoN POINTE CommuNrry(H-2021-0071) PAGE 8 4F 8 Item#14. EXH I BIT A Fox H M H 1 LAND SURVEYS engineering Lennon Pointe Annexation Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3 North, Range 1 West,Boise Meridian, City of Meridian,Ada County,Idaho,and more particularly described as follows: BEGINNING at the northwest corner of Section 1,from which the west one-quarter corner bears,South 00`01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43'02" East,665.57 feet; Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of Plats at Pages 16486-16488,South 00°02'45"West,690.06 feet to the northerly boundary of the Creason Creek Subdivision No.2 recorded in Book 119 of Plats at Pages 18301-18303; Thence along said northerly boundary, North 88�'YOI�VVest,-6154.-76-feetto-westeI ly line of Government Lot 4,- Thence North 00'01'03"West,683.16 feet to the POINT OF BEGINNING, Containing 10.41 acres,more or less END OF DESCRIPTION Prepared by: Ronald M.Hodge, PLS Survey Department Manager RMHJk e`� TE Fad 8575 ^�65•zzL� IP44 D M p0 680 S. Progress Ave.,Suite#26• Meridian, Idaho 83642•Tel:208-342-7957•Web: hmh-Ilc.com Equal Opportunity Employer Lennon Pointe Community—H-2021-0071 Page 206 Item#14. EXHIBIT B' W. Ustick Rd. SURVEYMAP 35136 S88043'02"E 665.57' 2Al — — — — \1 Point of Beginning ANNEXATION C—C ry a� z f- o v N 00 00 c0 C0 O O of N w R-15 0 0 0 0 664,76' N88°59'01"W �r U STE $ 8575 7 r 0 100 200 pptF Of 2 1 M Scale in Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. DS.RMH SCALETLIW DATE:W28.2021 LENNON POINTE REZONE-ANNEXATION MTV ADA COUNTY,IDMO HMH sV.RMH sHT.111 GS02D-M 5EC.1,T.M.R.1W,B.M. enginee Lennon Pointe Community H-2021-0071 Page 207 EXHIBIT B Item#14. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E AND DECISION❑ECISION &ORDER In the Matter of the Request for Annexation of 10.41 acres of land with a request for C-C(2.01 acres) and R-15(8.3 acres)zoning districts; Preliminary Plat consisting of 43 residential building lots(42 single-family residential and 1 multi-family residential), I commercial building lot,and 2 common lots on 8.8 acres of land in the proposed C-C and R-15 zoning districts; Conditional Use Permit for a multi-family development consisting of a total of 18 units on 1.18 acres in the proposed R-15 zoning district, by ❑G Group Architecture, PLLC. (NOTE: The Applicant also received approval for private streets in a portion of the project. This application is reviewed and approved by the Director) Case No(s). H-2021-0071 For the City Council Hearing Date of: February 22,2022(Findings on March 8,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 22,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the [searing date of February 22,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 22, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 22, 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: I 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lennon Pointe Community-FILE#14-2021-0071) - Page 208 Item#14. 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 a]I in the attached Staff Report for the hearing date of February 22,2022, 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 requests for Annexation and Zoning,Preliminary Plat,and Conditional Use Permit are hereby approved per the conditions of approval in the Staff Report for the hearing date of February 22,2022, 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 TinaI plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, acid confonzts 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 11-613-7.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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lennon Pointe Community-FILE#14-2021-0071) Item#14. Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the rise not to exceed one(1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. 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 [lie 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 retuned to the city within six (6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code y 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 22,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lennon Pointe Community-FILE#14-202 I-0071) -3- Page 210 By action of the City Council at its regular meeting held on the 8th day of March 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 3-8-2022 Attest: Chris Johnson 3-8-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-8-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Lennon Pointe Community—FILE#H-2021-0071) -4- Page 160 ttem#t4. EXHIBIT A STAFF REPORTC�WE IDIAN:--- COMMiINITY DEVELOPMENT DEPARTMENT HEARING 2/22/2022 Legend DATE: Project Location TO: Mayor&City Counci l r FROM: Joe Dodson,Associate Planner >v 208-884-5: ; SUBJECT: H-2021-0071 - Lennon Pointe Community LOCATION: The site is located at 1515 W. Ustick Road, in the southeast comer ofN. Linder Road and W. Ustick Road, in the n NW s/4 of the NW 1/4 of Section 1, 1. _ Township 3N., Range I W. 1. PROJECT ❑ESCRIPTION ■ Annexation of 10.41 acres of land with a request for C-C(2.01 acres)and R-15 (8.3 acres)zoning districts; • Preliminary Plat consisting of 44 43 residential building lots (4�42 single-family residential and 1 multi-family residential), 1 commercial building lot,and 2 common lots on 8.8 acres of land in the proposed C-C and R-15 zoning districts; • Conditional Use Permit for a multi-family development consisting of a total of 18 units on 1.18 acres in the proposed R-15 zoning district,by DG Group Architecture,PLLC. Note: The Applicant is also applying for private streets in a portion of the project. This application is reviewed and approved by the Director; Commission action is not required. Analysis of the private street design is provided below in section V. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 10.41 (R-15-8.3 acres;C-C-2.01 acres) Future Land Use Designation Mixed Use Community Existing Land Use(s) County residential Proposed Land Use(s) Residential (townhomes,single-family attached,single-family detached, and multi-family)and Commercial Lots(#and type;bldg./common) 47 total lots -43 residential lots; i multi-family residential lot; 1 commercial;and 2 common lot. Phasing Plan(#of phases) No phasing plan was submitted Page I Page 212 Item#14. Description Details Number of Residential Units 61 residential units-4 detached single-family lots,30 single-family hype of units) attached lots,9 townhome lots,and 18 multi-Family units. Density Gross--7.35 dulac.;Net- 18.55 dulac. Open Space(acres,total 1.64 acres of qualified open space(18.7%)-large open space area in [%J/buffer/qualified] the southwest corner of the site,the large central mew,and half of the required arterial street butlers Amenities 2 qualifying amenities for UDC I 1-3G-3-segment of 10-foot multi-use pathway and tot-lot(non-qualifying dog-park area is also proposed). 2 qualifying amenities for the multi-family residential (UDC 1 1-4-3-27) -shared plaza and public art feature. Physical Features(waterways, Kellogg Drain and Creason Lateral traverse the southern portion of the hazards,flood plain,hillside) site.Floodplain exists over a majority of the site.See Public Works continents for further requirements.Section VIII.B. Neighborhood meeting date September 7.2021 History(previous approvals) NIA B. Community Metrics Description Details Ada Count Hi ] a ❑istrict __i ■ Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Access Access to the adjacent arterials(Ustick and Linder)is proposed via one driveway (Arteriat/Collectors/State connection to each. Hwy/Local)(Existing and Private Street access is proposed to the internal local street being extended through the Proposed) site. Traffic Level of Service Ten Mile Road-Better than"E"(1.47411,540 VPH) Pine Avenue(existing section only)-Better than"D"(182/425 VPH) Stub Two local stub streets exist to the east and south property boundaries-Applicant is Streetllnterconnectivity/Cross proposing to extend each street and intersect them within the site. Access Applicant is proposing a private street through the west half of the development that connects to the extended local street. Access to the commercial property at the northwest corner of the site is proposed via drive aisle connections to the proposed private street and the multi-family drive aisle. Access to the multi-family units is proposed via a typical drive aisle. Existing Road Network Internal road network is not existing. Existing Arterial Sidewalks 1 Existing arterial sidewalks;The required landscape buffers will be installed with this Buffers proj ect. Proposed Road Improvements None proposed or required with this application.Below are anticipated improvements to adjacent roadways: Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP): + Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry Lane in the future with the design year of 2025. ■ Ustick Road is scheduled in the If--YWP to be widened to 5-4anes from Linder Road to Ten Mite Road in 2025. ■ Linder Road is listed in the CIP to be widened to 3-lanes from Ustick Road to Cherry Lane between.2036 and 2040. • Ustick Road is listed in the CIP to be widened to 5-lanes from Linder Road to Ten Mile Road between 2021 and 2025. Page 2 Page 213 Item#14. Desrri tion Details Fire Service • Distance to Fire Station 1.5 miles from Fire Station#2 ■ Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes_ • Resource Reliability Fire Station#2 reliability is 85%. • Risk Identification Risk Factor 4-commercial with hazards(multi-family waterway) • Accessibility Proposed project meets all required access,road widths,and turnarounds;Fire has signed off on Private Street layout. Addressing ror project is very important for emergency responses; Applicant shall work with City Addressing Agent and the Fire Official to have lighted maps wherever necessar . Police Service • Distance to Station Approximately 4.2 miles from Meridian Police Department • Response Time Approximate 4-minute response time to an emergency_ • Call Data Between 101'l/2019-9/31/202 1,the Meridian Police Department responded to 4.584 calls for service within the reporting district(M731)of the proposed development, The crime count on the calls for service was 442. See attached documents for details. Between 1 Ol l/2019-9/31/202 1,the Meridian Police Department responded to 62 crashes within a mile of the proposed development. See attached documents for details. ■ Additional Concerns None West Ada School District Approved p_relim Approved MF plat parcesver units per Miles l=nrollmerrc Ca aci attendance area attendance area jO `°s hn River Va hey ElemeMary 453 700 433 560 4.8 Meridian Middle School 1097 1000 goo 1799 2.2 Meridian High Schaal 1769 2075 3728 2300 2.0 School of Choice Options Chief Joseph School-Arts 499 700 N/A N/A 3.7 Barbara Morgan-STEM 412 500 N/A N/A 1.0 Water • Project Consistent with No-See attached water markup in Exhibit VII.F and conditions in Section VI11.B for Master Plan required revisions. ■ Comments • A water main connection will be required to Ustick Road. • Current design does not follow the utility corridor,Water mains should be located north and east of roadway centerline. • A water main connection will be required to the existing,stuns in North Zion Park Avenue and.West Pebblestone Drive. • The proposed main west of Building B should be eliminated. • Complete the water loop by extending the water main in the private road between Building B and Building DI to the northeast. • Minimize water main length ricarthe commercial lot at the northwest corner of the development. Bring the water main only as far as needed to provide a hydrant for the buildings' fire protection.Extend service lines from the main to serve the two retails buildings. • Water mains should not cross through landscaping or sidewalks. Wastewater • Project Consistent with No -Development needs to fie into sewer at W. Pebblestone Dr. and not in W..Ustick. Master Plan Page 3 Page 214 Item#14. Deseri tion Details s Comments •Services should not cross other residential lots.The services in the southeast corner do this and need to be adjusted. •Sewer needs to tie into the cleanout in W.Pebblestone Dr.The cleanout is supposed to he temporary until this parcel developed.The City does not want the clean out there permanently. •There is a matiltole located in a landscaping area(located at the NE corner nearest Pebblestone Dr).Reconfigure so this manhole is in the ROW. 20'Utility easement for sewer and 30'utility easement for sewer and water needed. Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. Ensure no sewer services cross infiltration trenches. COMPASS—Communities in Motion 2040 2.0 Review Housing w/in 1 mile 5,240 Jobs w/in l mile 970 r Ratio 0.2—indicates an employment need(ratio between 1-1.5 is considered healthy ratio). Nearest Bus Stop 3.1 miles' Nearest Public School 0.5 miles Nearest Public Park 0.25 miles—Approximately '/k mile north of Tully Park(18.3 acres in size). Nearest Grocery Store 1.6 miles Recommendations See agency comment section for link to full file. Page 4 Page 215 I 1 1 � I • • • rt r[ nrml - ■ - . nn�' +yam i1 �_ � ,_. � � - �`.. . �� mac =t r.1• u. :5 _ = _ .. �• �iy I-• �—i=�� .cam_ _ -� - •Z ��i `, �i�p��■` ..�;; -J fie. '� i� ;� a � ' � it j—I .� - - •a'_� ,t. ��-. .. e� -- v — ----[Iflrl ■1 lj�i 11■11 - - - d11Ji, t � 1►11 rf� 1■ll!•_; 7� •I■ _�IIII�I[I ppp Aq nlRll:. � 11 11 �p..IIIIIIlIIlI[ 1ZX 11 � I:IIIIII;11�Ir= T-T►^�1�I ^ �; vi: iq ■ rrM J Rp�■ll[r[■■ / �.'� ifs RIIIIIIp IIIIIIIIIII� - LU WON NOR a fa ■■ - ■r■ �j■■■4p ��w•-IIII I I II :Illlllllll.. - +ram ii �,■ • w' w r r y _ �y r� � 0�:ar ■ M=Olin r ■ r ■ f ell ji■rfi r rr■far moo ii 11��imoo r rrrr' • • f■ 1 Item#14. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification t 1/2/2021 2/6/2022 Radius notification mailed to properties within 500 feet 10/27/2021 2/3/2022 Site Posting 11/2/2021 2/7/2022 Nextdoor posting 10/28/2021 2Y3/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation{Blips:liwirxy.nieridiancih}.ur-9ko► clan) Mixed Use Community—The purpose of this designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood (MU-N)areas,but not as large as in Mixed Use Regional(MU`- R) areas. Goods and services in these areas tend to he of the variety that people will mainly travel by car to,but also walk or bike to(tip to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The subject site has existing Citv of Meridian zoning in all directions, including across the adjacent arterials to the north and west. The site is directly bordered to its north and west by arterial streets, Ustick and Linder Roads, respectivehv.Development of these areas are ongoing with detreclled single-fa►tzili,to the east and south in Creason Creek Subdivision and multiple office buildings being cottstructed to the north across Ustick Road. An ambulance service and C- CZoning exist to the west across Linder Road. In addition to the existing land uses around the property, the subject site contains two major waterivaw;and a large area oj:/loodplain that traverse a large.segment of the.southern half of the.site, the Creason Lateral and the Kellogg Drain. The Applicant is proposing to pipe the Kellogg Drain and reroute it to make more area of the site u.sahle as well as provide open.space andpathiva),s in the.southwest corner of the site and along the west boundaty. The proposed land uses are attached stngleJbmily, townhomes, 1721111i-family residential, and commercial. These laird uses are consistent with those outlined in the MU-Cfiaure laird use designation definitions andpreferred uses when properli,integrated with both internal and external uses, Overall. Staff finds the proposed site design does integrate the project and proposed uses in appropriate manners. Specifically.,, the Applicant has proposes[their multi- f ntily residential product along Ustick and the commercial buildings at the hard corner of•the Ustick and Linder intersection which places the most intense uses closest to the arterials. Therefor e, 111e single-jitnzily uses are proposed on the ren7rrittitzg area of the site that makes tip approximately 70%of the site area. The Applicant is proposing the single-Jamili,portion o.f the site as all two-story except far the 6-unit townhomes along Linder which are proposed 3-stories. Because of the proposed transitional densiV and placement c�fthe proposed uses,this project is generally consistent with the concept diagrams in the City's Comprehensive Plan for mixed- use designations. However,the one area of the site that Staff ffinds could provide more transition is the 4-store multi fancily building along Ustick that is also adjacent to singlefatnily to the east. The existing detached single far►rile home in Creason Creek directly°adjacent to the site is a,single-ston,home Page 6 Page 217 Item#14. with an upstairs bonus room. Despite the separation ol'the side yard ol'the single-) roily horde and a proposed micro path area of 0 feet wide between the two uses, Staf f finds the height disparity of'the existing hotne and the proposed 4-slor),inulli-Tcmil} building is an adegttrrte transition.According to the Applicant, the mztlli Amily units are each two stories and are being proposed as being stacked, which is how the 4-slory concept is proposed Therefore, Staf f'is recommending the top two (2) units directly adjacent to Creason Creek are removed so there is approximately 65 feet(includes landscaping and unit width) ofseparation betiveen the existing home and the 4-simy portion ol'the With this revision, the freight of the two story multi;funail} units would be approximately?I feet depending on how the Applicant proposes to rooj'the units (flat roof'or pitched roof). In addition to site design, certain densities are required to be met for residential projects within the MU-C.future land rese designation. The proposed project as shown isappravinrately 7.35 dulac. meeting the 6-15 dul'ac requirement (see communiq,inetrics above). Therefore, Stctjf finds the density proposed with the annexation and plat is consistent with the Future Lund Use Map designation oj'Mv(ert Use Community(MU-Q. NOTE: The gross density tivill elect-ease slightly titiritlr staff s recommendation to lose two of the multi- units. Mixed-use designations also require at least three (3) apes o,f land rises. When anal)zingprojects within the MU-C future land use designation, the approved andlor developed land rises nearby must be considered. Therefore, Staf'has taken into account adjacent land uses that can he traveled between with relative ease. The closest development to this property is an office deMapment that is under construction to the north. Specific uses of this project are not known at this time but the property is zoned C-C and does not have limitations on the allowed uses outside gfzoning. Furthermore, this project is proposed with different residential land uses as well as two commercial building footprints. Staff finds the apprapriale number c f useas for•a mixed-use area is met. Therefore,as noted previously and with Staffs recommended revision,Staff finds the proposed project to be generally consistent rvith the Mixed-Use Community putnose statement and concept diag►•arn. Further and specific policy anal f sis is belong, The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Cade section 67-6511 A.In order to ensure the.site develops as proposed with this application, Stafjrecommends a DA its a provision of annexation with the provisions included in Section HILA1. The DA is required to be signed by the property owner(.$)/developer and returned to the Citv within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. A fi►al plal will not be accepted until the DA is executed and the AZ ordinance is approved by On,Council. B. Comprehensive Plan Policies (hops:r`Irvtiina.rrtcrirlia►acil�.orglcam lutr]: The applicable Comprehensive flan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01 G).Lennon Pointe Comtnunih is proposing a project xfith a combination of bind uses in the.form af'single jami4v attached, townhomes, multi- ,fa►rrily, and commercial within one development. A mast majority gl'the housing that exists around this developrscrrt are traditional detached single-!easily horses. The Applicant hopes to add additional housing t pes in this geographic area and within this MU-C area that rill delineate a unique living opportunity in the City,and acid to the housing diversitY available while being within sale walking distance to.iaure commercial uses. "Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices"(3.07.01 A). The Page 7 Page 218 Item#14. proposed site design incorporates mews,private streets, an extension ofpublic streets, common open.space, and duff Brent land ernes within the.same project area. As discussed above, Staff finds the proposed site design is compatible vvith adjucent uses through transitional densi1_t,, htrffering, and overall design. "Establish and maintain levels of service for public facilities and services, including water, sewer, police,tra»sportation, schools, fire, and parks"(3.02.01G).A11 public utilities are available,for this project site due to existingfacililies abutting the.site. This project also lies within the Fire Department response time goal if S minutes, Linder and Uslick Roads are c1117-ent/v built tit their ullimate anticipated widths directly abutting the.site. Wrest Ada School District offered comments on this project and estimates 31 additional school aged children would be housed in this development. According to the letter received, the allocated elemenlaq and high school,far this site have capacity,but the middle school is alreadv over capacity:. Stcgf'understands that school enrollment is a major issue to be dealt with an a cit17 vt+ide scale. Dire to the incorporation if'different housing tvpes and a unit count on the low end slf' the allowed density, the Applicant has minimized the pr•gject impact on area.schools. Stuff;finds that the existing and planned development if the immediale area create condiliors for adequate levels of•service to and far this proposed project. "Preserve,protect,and provide open space for recreation,conservation,and aesthetics" (4_05.01 F), The proposed project offers open space that exceeds the mininrurn requirenrents in the unified development code (UDC). The Applicant has placed a large area of'open space ill tine southKYest corner of the development where the irrigation facilities and their-easements exist. In addition, there is a mew running north-south through the center of the development.for•the attached single,fatnily units to,front on green space rather than the road network. This adds to the green space and adds a Pore livable component to the project. Other areas of'open space are also proposed along the west boundwy that would act as a buffer,from Linder as well as a proposed dog park area in the southeast corner of the site_In addition, all of the open space areas are accessible through pedestrian facilities that connect throughout the entire site. Slgll' supports the proposed open space areas and anticipates they will provide recreation, conservation, and add to the aesthetic of'the project. See.fiir•ther analysis in Section V F and V.L. "Establish distinct,engaging identities within commercial and mixed-use centers through design standards."(2.09.03A).As discussed above, the proposed project offers a distinct set oj'uses and design that are cur•rentl)?not available nearhtr the.site. Included in this is the incorporation of two commercial buildings at the northwest corner of the site with a shard plaza fir use by the residents and f fare business patrons. This is a desired aspect of mired-use areas That helps engage the commercial buildings with the residential component of a project. In addition, according the submitted elevations and site renderings, the Applicant is proposing distinct architecture for the project that creates a specific identitv_for this development and corner property, In addition to general Comprehensive Plan policies,projects in mixed-use areas should also aim to meet the mixed-use policies. Rather than list them all in this report,Staff has analyzed the project against them and finds the project to be consistent with a majority of those polities outlined in the mixed-use area of the Comprehensive Plan here. Therefore,Staff finds this development to be generally consistent with the Comprehensive Plait and a majority of the mired use policies. Page 8 Page 219 Item#14. C. Existing Structures/Site Improvements: The site currently houses a single-family home and other accessory buildings.All existing structures will be removed upon development of this site, The Applicant will be responsible for maintaining the existing arterial sidewalks along Ustick and Linder Roads during construction. D. Proposed Use Analysis: The Lennon Pointe Community proposes multiple residential uses and a commercial component within the same project. The commercial area is proposed at the very northwest corner of the site and shows two building pads totaling 12,000 square feet on 1.47 acres of requested C-C zoning. No tenants are currently known at this time but the submitted site plan shows the larger building closest to the hard coiner with a drive-through and the smaller building along the south boundary of the C-C area adjacent to a shared plaza. Should a drive-through be proposed on this commercial lot, it will require a future Conditional Use Permit(CUP)because it is within 300 feet of residential use and district. Commercial buildings require Certificate of Zoning Compliance(CZC)and Design Review so Staff will evaluate uses for compliance with code with future application submittals. The remaining area of the site(7.28 acres) is proposed with the R-15 zoning district and residential uses. The residential areas of the site are proposed with three(3)detached single- farnily homes(located at the very southeast corner of the site), attached single-family(2 attached units with each on their own lot),townhomes (3 or more attached units an individual lots),and multi-family residential, All of the proposed single-family uses are permitted uses within the requested R-15 zoning district. The multi-family residential use is a conditional use in R-15 zoning district per UDC Table 1 I-2A-2. No phasing plan was submitted so it can be assumed development is proposed to be constructed in one phase. Administrative Design Review is required for all of the proposed residential uses except for the three (3) detached homes proposed in the southeast corner of the site. This application was not submitted concurrently with the other applications so the Applicant will be required to submit this prior to obtaining building permits for any of the attached product and the multi-family, The Applicant has provided conceptual elevations and renderings of all residential uses and Staffs initial analysis is that the buildings comply with the Architectural Standards Manual (ASM). E. Dimensional Standards(UDC 11-2): The commercial and multi-family residential lots appear to meet all UDC dimensional standards per the submitted plat.All of the single family lots also meet the UDC minilnzan lot size standard except for the central lot in the 3-unit townhome rat the.south end of'Ihe.site—this lot is shown as less than the minimum required 2,000 square feet and should be corrected with the final plat submittal to Meet UDC standards. The 3-unit townhome building contains s the three smallest building lots in the development and includes the non-conforming lot. Other than these three lots, the smallest building lot is approximately 2,800 square feet. Furthermore, it appears the site plan shows building fnotpf ints too large,fbr the proposed building lots--the building footprints do not meet the minimum building setback to the entrance .sideitwlks of IO feet. When future building permits are submitted, the Applicant will be required to shots°compliance with all R-15 dimensional standards as outlined in UDC Table 11-2A-7. According to the submitted conceptual elevations,the proposes!4-story multi-family buildings are 46 feet in height which is above the 40 foot height limit for the requested R-15 zoning district.Prior to submitting fan-CZC and Design Review, the Applicant is required to correct this to oomph,with the R-15 dimensional standards. Page 9 Page 220 Item#14. In addition to the building lots,the Applicant is proposing a private street through a portion of the residential area. According to the submitted plans,the Applicant is proposing this private street to be at least 26 feet wide and be within a 30-foot easement on the plat. Sidewalks are not required along private streets but the Applicant has proposed a 5-foot wide sidewalk along the proposed building rather than adjacent to the private street. Overall,the minimum UDC standards outlined in UDC 1 I-3F for the proposed private street are met per the submitted plans. The inclusion afside►valks adjacent to the townhorne units on the west end of the development adds to the pedestrian circulation of the.site despite not being required for primate streets. The same can be said for all of the pedestr•ia►t facilities shown on the.submitted site plan that provide the entrances to each tin it and creates ally-loaded hotnes far a mgjority of the site. However. the "detached"sidewalk on the east side oj'the 6-unit townhome building should he moved to be located adjacent to the private street.so the sidewalk is less likely to he blocked by cars parked on the parking pad between the street and the garage rlaor. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC l 1-6C-3). The proposed prelintina►3,plat and submitted plans appear to meet the UDC requirements of this section. F. Specific Use Standards (UDC 11-4-3): The proposed multi-family development use is subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 1 I-4-3- 27 and below: 11-4-3-2 7—M ulti-Fami lyDevelopment: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. 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. S. Site Design. 1. Buildings shall provide a minimum setback of ten feet (lit')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. Proposed project complies with this requirement according to the submitted plaits. 2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures that are only visible front internal to the site; all proposed t►ct►lsfo►'r►lerlutilit� vutdts shrill also comply with this requirement. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit.This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not cowit toward this Page 10 Page 221 Item#14. 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. Each multi-fanaih unit is proposed as a two-stop unit with the units on levels l &2 dijjeringfront those on levels 3 &4. According to a document submitted by the Applicant, the lower units provide at least 132 square feet g1private open space in the_1brm of private patios. This document also states the units on the upper levels provide at least 251 square.feet of private open space per unit in the.1brm o1' private patios. Thesubmilted conceptual elevations short the'fourthffoorpatio is essentially a roof-top deck-above the third floor. Eased on the submitted elevations and data provided by the Applicant,Staff supports the proposed private common open space and finds it exceeds the required area. 4. For the purposes of this section, vehicular circulation areas,parking areas,and private usable open space shall not he considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title.See anakysis in staff'report below. 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. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) Applicant is proposing 111 units so this requirement is not applicable to this development. The site plan submitted with the Certificate of'Zoning Compliance application shall depict these items. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of 1 iving 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. 2. Common open space shall be not less than four hundred(400)square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). Each wulti fi7mily unit is proposed as greater than 1.200 square feet so 350 square,feet af'conlmon open space per unit is needed to meet the specific use standards. The maximum common open apace Page I 1 Page 222 Item#14. required for the overall project is 44,415 square feet with 6.300 square f eet of that heeded to satisfiJ the multi-farnil)�standards. Because the project is relatively small, all open space is proposed to he shared between the single and multi family residential unils. Tire open space shown on the sribmitted open space exhibit.shows 48,824.square feet of total qualijied open space but does not include all areas that are gttaldh.!ing per UDC standards. However, based on the number of units, the inaccurate amount of open space shown still meets all required open space area. With the pedestrian facilities proposed in this project StafJjinds it applicable,for all of'the residential units to share the common open space proposed. 3. to phased developments,common open space shall he provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to be developed in one(1)phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4')in height,with breaks in the berm or barrier to allow for pedestrian access.(Ord. 09-1394,3-3-2009,eff. retroactive to 2-4- 2009). The bifftrs along Linder and Ustick Roads are not included in the open space exhibit calculations at all.so this area taus not part gf'the area shown to satisfi,the common open spare requiretnentfor the multi ffindIv units. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (l)Open grassy area of at least fifty by one hundred feet(50 x 100) in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3)Children's play structures. (4)Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi family developments with less than twenty(20) units,two (2)amenities shall he provided from two(2)separate categories. Page 12 Page 223 Item#14. b. For multi-family development between twenty(20)and seventy-five(75)units,three (3)amenities shall be provided, with one from each category. c. For multi-family development with seventy-five (75) units or more, four(4)amenities shall be provided,with at least one from each category-. d. For multi-family developments with more than one hundred(100)units.the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection ❑, provided that these improvements provide a similar level of amenity. (Ord.05-1 170, 8-30-2005,eff.9-15-2005) Based on 18 proposed units, a mixinium of No(2)amenities are required The Applicant is proposing a shared plaza and public art from two categories to satisfy this requirement. F. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All District,,;", of this title. 2.All street facing elevations shall have landscaping along their foundation.The foundation landscaping shall meet the following minimum standards: a.The landscaped area shall be at least three feet(T)wide. b. For every three(3) linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches (24")shall be planted. c.Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plans provided appear to show compliance with these landscape requirements and will also be verified at the time of CZCsub►nittal(see Exhibit V11.D). G. Access(UDC 11-3A-3, 11-3H--4.)&Private Streets (UDC 11-3F-4): Access from the adjacent arterials(N. Linder Road and W. Ustick Road) is proposed via one 25- foot wide driveway connection to each arterial street. The driveway to Ustick Road shall be restricted to right-in/right-out,per ACHD, and passes through the multi-family portion of the project where it connects to the parking drive aisle for the multi-family units and then connects to the proposed private street. The driveway access to Linder Road is a temporary full access and is located approximately 360 feet south of the Linder/Ustick intersection.ACHD has approved both of these arterial access points through analysis of driveway analyses made by the Applicant's traffic engineer. No Traffic Impact Study(TIS)was required because less than 100 residential units are proposed. The other public access points to the site are proposed via extending a public local street through the site, N. Zion Park Avenue is being extended front the south property boundary and W. Pebblestone Drive is being extended from the east property boundary in the northeast corner of the site. The proposed local street is shown as 32 feet wide with 5.5-foot wide attached sidewalk within 47 feet of right-of-way. This does not meet ACHD.standards.so the Applicant ivill he required to revise the plot to show the public road as 33 feet wide with 5-foot ride attached sidewalk. This revision can be easi1v made as the Applicant is providing the correct amount of right-of-way; no revisions to the plat are needed to make this correction. A private street is proposed through the west portion of the site for vehicular access to same of the residential units. The proposed private street and local street are functioning as alleys for a Page 13 Page 224 Item#14. majority of the proposed residential units as the main entrance to each home is located opposite of the garage access. As discussed in section V.E above,the private street meets UDC 1 1-3F-4 standards by being proposed as at least 26 feet wide. As noted,the Applicant is proposing three(3)detached homes in the southeast corner of the site. These three lots take access from a common drive off of the local street extension, N.Zion Park Avenue. The proposal for the number of units and access complies with code requirements. In general, and consistent with ACHD analysis and approvals,Staff supports the proposed road layout and arterial access points because the proposal offers appropriate site circulation while also providing avenues to minitni a cut-through traffic to the east and south through driveway connections to Linder and Ustick Roads. H. Parking(UDC 11-3Q: Off-street parking is required to be provided in accord with the standards listed in. UDC Table I I- 3C-6 for multi-family and single-family dwellings based on the number of bedrooms per unit, Based on the proposal of 18 3-bedroom apartment units, 36 parking spaces total are required to be provided—one space per unit must be covered,per UDC standards. The submitted site plan shows 44 total parking spaces for the multi-family portion of the site. Each 2-simy omit that enters on the first level is proposed with a two-car garage. The 2-sior t,units that enter on the third level appear utilize the surface spaces but crone of these spaces are shown to he covered. Therefore, the submitted.site plan does not show compliance with code requirements. The Applicant should remise the site plan to show at least nine(9) covered spaces,for-the upper level units to satigb,,this requirement. If'this is not desired, the Applicant can provide a single-cat- garage space an the first level for each proposed unit. NOTE: Staff'i.s recommending a loss of two units along the eust.side of the building. This recommended change would reduce the parking requirement by 4 total.spaces, two covered and two uncovered. However, due to the overall issues with insufficient parkingfor multi-family protects, Staff'doev not recommend a reduction in parking. The single-family portion of the site consists of 43 homes but the bedroom count of each is not known at this time. However,each home is shown with a two-car garage and a 20' x 22' parking pad that allows for a 4-bedroom home,per UDC standards.In addition, the subinilted site plan shows 35 additional of f=street pricking spaces around the private.street portion of the.site trteant far guest parkingfar the single family homes. The proposed 33 foot wide local street also allows on-street parking where no driveways exist. Staff supports the proposed amount of parking for the single-family portion o f the project because it e-rceeds UDC inininarttrr requirements. The commercial area proposed in the northwest corner of the site is shown with two buildings totaling approximately 12,000 square feet requiring at least 24 parking spaces based on the nonresidential parking ratio of 1 space for every 500 square feet of commercial gross floor area. According to the submitted site plan, 25 parking spaces are being proposed. Each space appears to tneet the mininnarn dimensional,standards of'9'x 19'as well. Complete analysis of the proposed cornrraercial area will take place with the first CZC application for the conarnercial site. Initial analysis shows compliance with all UDC dimensional standards except for how the drive aisle along the north and east of the commercial site functions. The drive aisle along the north boundary al-the site is shown as 12feet wide which implies a one-way drive aisle and it leads to the drive aisle along the east hotinda)y of the site that is shown as approximately 26 feet wide which implies two-wav lraffrc. There does not appear-to be a need for the eastern drive aisle to allow ttvo-war trrrfc if'the north drive aisle is a one-way exit in this area. Page I4 Page 225 Item#14. The commercial area depicted on the site plait is conceptual in nature so f uture submittals and proposed uses will dictate more detail in the suhinitted plans.At this point, Staff i.s not recommending any specific revisions to the commercial area ofthe site jar the reasons noted. I. Pathways (UDC 11-3A-8): A IQ-foot wide multi-use pathway is required along the Creason Lateral in the southwest corner of the property. This pathway is slated to connect to the existing arterial sidewalk along Linder Road and to future improvements to the south for a more complete regional pathway network. The Applicani is proposing the multi-arse pathwa-v in air appropriate location but its connection to the southern boundwy�does not appear to match with location of'the regional pathway segment approved with Creason Creek No. 2 directly to the south. Upon review of the rnodi�jied landscape plans.1br that plat, it appears the Applicant should shiji the regional pathway stub to the west to be closer 10 the Creason Lateral. Final approval gfthe pathway connections will be verified I,t, the Park-'s Department and our pathways coordinator.In the interim, Staf]"is recommending the Applicant show this shiji of the regional pathivgv prior to the Council hearing to better match adjacent approvals to the south. In addition to the proposed regional pathway°segment, the proposed sidewalks in this project are essentially►nicropathways that connect throughout the entire development and traverse through every open space area as well. They offer•increased pedestrian connection and provide far the inclusion of a majority alleys loaded residential aunts. The proposed pedestrian facilities offer connectivity to and from nearby subdivisions as well as safe access to all amenities and the commercial area in the northwest corner of the project. J. Sidewalks(UDC 11-3A-17): Attached sidewalks at least 5 feet wide are proposed along the proposed local street extension,in accord with the standards listed in UDC 1 1-3A-17, Other sidewalks are proposed throughout the rest of the site for added pedestrian connectivity,as discussed throughout this report. The sidewalks in this development create connections throughout the entire project including to and f onn the commercial portion of the site. The proposed large open space area and regional Pathway in the southwest corner of the development are also easily accessible because of'these sidewalks. The sidewalks along N. Linder Road and W, Ustick Road are existing; the Applicant is required to maintain andlor repair any af'this sidewalk that is disturbed during construction. As stated above,Staff supports the sidewalk and pedestrian circulation element of this project. In consideration ofpedestrian safetp as well as tra�jrc calming.for the site, 5trxfj is recommending that all pedestrian crossings that cross the private street and an v drive aisle be constr ueled with brick pavers, stamped concrete, or equal, as outlined in UDC 11-3A-19B.4.b. K. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N. Linder Road and W. Ustick Road,arterial streets,and to be landscaped per the standards listed in UDC 1I-3B-7C. A 25-foot wide easement is depicted on the plat adjacent to both arterials starting at the back of the existing attached sidewalk along each arterial,meeting the UDC requirements for the minimum width. UDC I1-3B-7C.2 dictates that required lrtirdreape brrfJLrs for residential subdivisions shall be located an common lots and owned and maintained ky a homeowner's association. The Applicant's proposal to include this required bat/ter in an easement does not eoirrply with this code section. Therefore, the Applicant should revise the plat to show the required arterial landscape buffers adjacent to the residential portions of the project within a common lot at least 25 feet in width. The required landscape buffer adjacent to the commercial site can remain in an easement per this code section. Page 15 Page 226 Item#14. In addition, an area of the Creason Lateral and Kellogg Drain irrigation easements underlay a large portion❑f the landscape be fer along Linder Road that is currently shown with trees. Staff anticipates the applicable irrigation district will not allow trees ivithirr their easements so the landscape plans should be revised to show the removal qf trees fr-oni the easement area. Furthermore, code requires that if'a required landscape buffer is encumbered by easements, at least 5 feet of landscaping be proposed outside of'the easement area to include the required number of trees. Because of the extensive impediment there two irrigation facilities create its this area of the site,Staff does not find it feasible to comply with this code requirement in its fullest extent as it would require half of the site to shr ft to the east reducing the ividth o f the mew in the center of'the development. Stafffinds the trees that are allowed outside of fire easement area, the placement of the access point to Litrder,and the separation of the townhome units front Linder offer appropriate and adequate landscaping and buffering. However,to fornmlke this finding and comply with code, the Applicant should apply for Alternative Compliance with the first final plat application. Landscaping is required along all pathways(including micro-pathways) in accord with the standards listed in UDC 11-36-12C. The total lineal feet of all pathways with the required and proposed number of trees is included on the first sheet of the submitted landscape plans. According to the submitted landscape plans, the proposed regional pathway in the southwest corner of the.site iv also within the Kellogg Drain irrigation easement which generally does not allow trees and minimal landscaping. The submitted landscape plans show no trees proposed within this easement. Common open space is required to be landscaped in accord with the standards listed in UDC H- 3G-3E.The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table and shows compliance with code requirements. The proposed C-C zoning district requires a 25-foot landscape buffer to any residential district. According to the submitted plans, a 20-foot bu fer is proposed to be shared over the corninercial property boundary— 10 ftet on the eontniercial proper• v and Ill feet on the residential side. It appears the additional required 5 feet of area can be easily accommodated and will not require any revision to the placement of buildings. In addition, in order to allow the c:ominercial site it)be ►nore viable and the fact the proposed development is planned together, Staff approves of'the proposal to share the width of-the 25-faot landscape buffer across the shared properh?line. L. Waterways(UDC 11-3A-0; As noted throughout the report,the subject site has two waterways subject to review-the Kellogg Drain and the Creason Lateral. UDC 11-3A-6 dictates these waterways be piped. So, the Applicant is proposing to pipe both ivaterwgys to help with the usable area of the site. The Applicant is also proposing to reroute the Kellogg Drain because ids easement would greatIv encumber the site if left in its current position. The Applicant is proposing to move it closer to the .southern property boundary and underneath a segment of'the public road and private street; it is then proposed to move north and connect to the existing section of the drain that is piped and currently passes wider Linder Road. Staff suppon•ts the proposal to pipe and vegetate these waterways. In addition, a majority of the site contains floodplain which will require specific permits and building requirements. Public Works and Land Development will be the departments to handle these reviews as final platting and building permits are submitted, Page 16 Page 227 Item#14. A portion of one of the building lots(Lot 2, Black 1) is shown on the prelindnary plat and site playa within the,lloodplain area. The huilding footprint is not so this technically complies with Ch),and floodplain standards, However, to ensure the future homeowner has the easiest access to use their property, Staff reconnnsends this 6-unit lownhome building be shifted to the north to get as much of the building lot out of the floodphtin as possible. There is adequate room on the north side of'this Building for this to occur without anY other changes to the development. M. Qualified Open Space (UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the single-family portion of the site. Analysis on the:open space area required and proposed for the multi-family portion of the site is above in Section V.F. Based on the proposed plat of 8,75 acres, a minimum of 0.88 acres of qualified common open space should be provided to satisfy this requirement. The Applicant has revised Ilse open space exhibit per Staffs request to depict the qualified areas and accurately note the amount of qualified open spare for the project According to the revised exhibit, the Applicant is proposing 1.64 acres of qualified open space,approximately 18.7%. The majorhy of the qualified open space casuists of the large open space area in the southwest corner of'the site,the large central spew,and half'of the required arterial street buffers. This area exceeds the minimum UDC requirements. Stuff finds the proposed open space is adequate in amount and placement to Satisfy all code requirements. N. Qualified Site Amenities(UDC 11-3G): Based on the area of the proposed plat(8.75 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant proposes two(2)qualified amenities to satisfy the requirements in this section of the UDC, a 10-foot multi-use pathway segment and a children's play structure.The proposed amenities meet the minimum UDC standards. Q. Fencing(UDC 11-3A-6, I1-3.4-7): All fencing is required to comply with the standards listed in UDC l 1-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards. P. Building Elevations (UDC 11-3;1-19 1.4rchitecturul Standards Mariam_}: As discussed in the comprehensive plan policies analysis, Staff believes the submitted elevations meet the required Architectural Standards.The applicant has not submitted a concurrent design review application for the attached residential buildings. With the final plat application,the Applicant should also submit an Administrative Design Review(DES)application for these units. The Applicant also submitted conceptual elevations for the commercial buildings, These elevations show multiple field materials of brick, concrete wainscot, and lap siding with roof parapet variations and wall modulation—in all, the conceptual elevations appear to also meet the ASM. A separate DES will be required for the Commercial portion of the development with future CZC submittals to verify ASM compliance. V1. DECISION A. Staff': Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested conditional use permit and preliminary Page 17 Page 228 Item#14. plat applications per the Findings in Section IX of this staff report. The Director approved the private street application. B. The Meridian Planning&Zoning Commission heard these items on December 2. 2021 and January 20,2022._At_the January 20th public bearing,the Commission moved to recommend approval of the subject Annexation and Zoning,Prelitnina!yPlat.and Conditional Use Permit requests. 1. Summary of Commission public hearing` a. In favor: Andrew Wheeler,Applicant Representative: Patrick Reams, Owner Representative, Carissa Sindon,descendant of the Owners. b. In opposition: Caryn Bitler,neighbor; Pamela Stinette,neighbor; Olena Santana, neighbor; Shelby Shanaber .er.neighbor;John Biller,neighbor-, Pamela Stinnett nei Jig bor; C. Commenting: Andrew Wheeler; Caryn Bitter; Pamela Stinette;Olena Santana; Shelby Shanaberger: John Bitler; Patrick Reams; Carissa Sindon_ Pamela Stinnett. d. Written_testimony: Caryn and Jahn Bitler(13_pieces of testimony); Helen and Eder Santana; --L. Staff presenting application: Joseph Dodson,Associate Planner f Other Staff commenting on application: Kurt Starman,Deputy City Attorney 2. Key issue(s)of public testimony a. Concern over proposal to include multi-fatuity dwellings, b. Concern with height disparity across property to existing homes in Creason Creek and a loss of lriyacy: a. General desire to construct the property with detached single-family homes one; d. Concerns with general increase of traffic in the vicinity with additional homes/units; e. Desire to relay how difficult the site is to develop with two major irrigation facilities bisecting the property and has floodzone throughout the entire property: f. Appreciation of proposed design considering history of property and difticul.ty of developing this. I Ivey issue(j)-of discussion by Commission: a. Location of proposed multi-family in relation to existing single-family to the east and the proposed commercial—could the commercial and multi-family be switched; b. Height of the multi-family being 4-story and at the maximum 40' mark;general desire for this to be reduced as it does not match anything along the Ustick corridor, c, How will the garages for the multi-family be utilized for parking instead of storage; d. Location of the Dog Park in relation to the other open space and existing homes to the cast—could it be moved; e. What kind of commercial is the target for the proposed pad sites; f. Staffs recommended{and agreed to by Applicant)changes for the homes along the east boundary to be front-loaded to have abutting backyards along the east boundary; g. Concern with viability of Commercial with no direct access due to prnxirnity to the hard comer of Linder and Ustick; h. General agreement that the proposed changes to the site plan and multi-family are a benefit to the project: i. Still concern with proposed attached units along east boundary instead of detached single-family; 4. Commission changes)to Staff recommendation: a. Commission recommended changes to the staff report consistent with Staff s memo prior to the January 20"'meeting_ 5. Outstanding issue(s) for City Council: a. None Page 18 Page 229 Item#14. C The Meridian Citv Council heard thes�e_m_s_o_n_Fgbr ary 22,2022, At the public hearin t_ CQuncilmond >-and Conditional Use Permit requests. 1_, �utmrrtarxti>`tlieCit�C4aincil.t�ublic.lte�rin�: P. Inlay_or-,Audrcw_dNe*r,Applicant 9mmem e: Carissa_5indon.dcsrcr g previous owners. !v- C_c�7 mcntizm Carissa Sindon: C�Bitler;.Matt be. d_ Written testimony: -.ee public record fQ_r_m�P-le entries frQw s. Caren gitler Stafl�axenting a �li�t�9nultDsaort.AeiatePlaner — f. [other Sta f c am etating_Qn_qp RlicatiQn -At� xney 2. key issue(sl of public to doily_ a. A"tismalAmf fw_p_=rAted_by.Uroiect but sn_ _ecific"y and raaL=-thm- .Ab traffic for existing residential to E�east: b= Support for the project asalogicai redevelonmcnt of former agricultural land_d-m-ke tlig QveralLchanging characte-af Meridian to_amore urbancommnity: e Reciting of previous concerns stated at the Commission hearing-see above for - -C minission recap_and�se-comment �- -- -- �A- I ��nu cnuion 1a City_COuncil: O, Project being more closelyalianed-with Mixed-Use Nei gl borhood than Mixed-Use Community-and-whether-site should.bz reined-use stall; - - — - � I�the bu�'e>'4�tweentlae prrc�pQs�d xnult�f�ulx and�c e.�,�tin�esi nc�t e e sufficient $ �culint�l�hiAd ] er access b�isiign_ated asasn�Qrary full access by ACHD h�ul�a�re fr4*mLtQ L er}�furffi_u_restri_qtqdd_tthm what ACHD is allowing at this timc.becaun oaf f4rescmbW Iraf k esutflicta_inthe f=rc; tL Anticipated timing of the commercial component-aft e pro.e��ct�specifically in relation to thr,r identiaLgamno i n l yiab>Sir�fmmer�iaL►xi �r� �acs and what are thxectex�ntslaa because of this; & is wicaL arlidga�r-to- e deyeIoned�b i rJ ans�own r s mla _y gr in oncems reZardingperpetuaLmaintm"ce_QfA=d eQmmQn- as-i-f ownership varies across the site: L Williris_Qf Applicant to do den �scani�eetn�tl i�rs�lr�buildin end emmr-Op rty home—dw 4. City Council change(s)to Commission recommendation: a Asld-proyisiQn-tQronstru=utbing on.the subigQt-site,,adjaceillAZACHD=iigh-tof-way, within the pwPosed Linder access curb cut to discourage any]eft-in or le$-out traffic movement Air.Q�i ion-ihat�he nd in >ae eenthe-m�al�ti-farmly�ndthemist resdential and the landscaping between the C--C_and R-I5 zoning district behind the proposed sommercia]-bOdi_ngue_comtructed with-denser lapdscapiniihatAQuch-es-atmaliLriV white matureJ=Qs-at-the-ti=-of inMIWim. Page 19 Page 230 Item#14. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps FOX Vw LAND SURVEYS engineering Lennon Pointe Annexation Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1,township 3 North,Range I West Boise Meridian,City of Meridian,Ada County,Idaho,and more particularly described os follows: BEGINNING at the northwest corner of Section 1,from which the west one-quarter corner hears,South 00°01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43'02" East,665.57 feet; Thence along the westerly boundary of the Creason Creek Subdivision No.I recorded in Book 112 of Plats at Pages 16486-16488,South 00°02'45"West,680.06 feet to the northerly boundary of the Creason Creek Subdivision No.2 recorded in Book 119 of Plats at Pages 19301-18303; Thence along said northerly boundary,North 88°59'01"West,664.76 feet to westerly fine of Government Lot 4; Thence North 00°01'03"West,683.16 feet to the POINT OF BEGINNING. Containing 10.41 acres,more or less END OF DESCRIPTION Prepared by: Ronald M.Hodge,PLS Survey Department Manager s RMH:tk % 8575 �O �Tf Of pop Vi" .41 0 µ, �z 680 S.Progress Ave.,Suite 92B•Meridian,Idaho 83642•Tel:208-342-7957•Web:hmh-Ilc.com Equal Opportunity Employer Page 20 Page 231 Item#14. EXHIBIT F W. Ustick Rd, SUIR*YMAP 35 36 S88043'02"E 665.571 2 — ` -- - — Pont of Beginning ANNEXATION �—C '0 Z [Q hD in 17 o co C14 o 00 0 of to [V i� 0 a a v 664,76' NW59'01"W �6 r� lr ,�, n 8575 0 100 200 BCD M. Ha Scale in Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. O`N4 SCAI.E'I--IW DATE:Oa SMI LENNON POINTE REZONE-ANNE%A'IMN HMH DR.TLK ADA COUNTY,IDAHO SV.RMH cif•111 G$024008 SECT,T.3N,R.1W,B.M. eng Page 21 Page 232 Item#14. SOX HMH WO LAND SURVEYS engineering Lennon Pointe Rezone (C-C) Community Commercial Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3 North, Range 1 West,Boise Meridian,City of Meridian,Ado County,Idaho,and more particularly described as follows: BEGINNING at the northwest corner of 5ection 1,from which the west one-quarter corner bears,South 00°01'03" East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88"43'02" East,356.54 feet; Thence South 01°16'58"West,255.14 feet; Thence South 89°58'57"West,350.66 feet to westerly line of Government Lot 4; Thence North 00"01'03"West,263.17 feet to the POINT OF BEGINNING. Containing 2.10 acres,more or less END OF DESCRIPTION Prepared by: Ronald M. Hodge,PL5 Survey Department Manager ST[ � s 8575 r oY z7..2�a OF RMH:[K 680 S.Progress Ave.,Suite#213• Meridian,Idaho 83642•Tel:208-342-7957•web:hmh-Ilc.cam Equal Opportunity Employer Page 22 Page 233 Item#14. FOX LAND SURVEYS engineering Lennon Pointe R-15 Rezone Legal Description A parcel of land situate in the North 112 of the West I12 of Government tot 4 in Section 1,Township 3 North,Range I West,Boise Meridian,City of Meridian,Ada County,Idaho,and more particularly described as follows: COMMENCING at the northwest corner of Section 1,from which the west one-quarter corner bears, South 00"01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43'02"East,356.54 feet to the POINT OF BEGINNING; Thence continuing along the northerly line of Government Lot 4,South 8S"43'02"East,309.03 feet; Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of Plats at Pages 16486-16489,South 00°02'45"West,680.06 feet to the northerly boundary of the Creason Creek Subdivision No.2 recorded in Back 119 of Plats at Pages 18301-18303; Thence along said northerly heundary,North 88°59'01"West,664.76feet to westerly line of Government Lot 4; Thence along said westerly Iine,North 00'01'03"West,420.00 feet; Thence North 89°58'57"East,350.66 feet; Thence North 01°16'58"East,25S.14 feet to the POINT DF BEGINNING. Containing 8.30 acres,more or less END OF DESCRIPTION P L Prepared by: �sr Ronald M.Hodge,PLS 4 % Survey Department Manager a 85] 'P 09 ZZ-7 �o t d r RMti tk 'rA D M. 680 S.Progress Ave.,Suite 928■ Meridian,Idaho 83542■Tel:208-342-7957■Web:hrnh-llc.com Equal Opportunity Employer Page 23 Page 234 Item#14. B. Preliminary Plat (dated: 'n'Tom^ 2021 January 18,2022) _YTJ OmYr Y+'3L� V0IS A1IC,1y;f�M 1r N` 1 � a 79'Id 3ynJ.�3Lr+�`JY d�Ok6J 00 } F I I a I � �� I reilAwmw Ind"� �fi� �i •I. -1_ Ie I �} � I �� .,,� �,I)l l�)i — ,� —� 1 �•� ..gyms ::,. I Iri J a -i •��': i7 3A l+Nvl+d '- !� � 1 fri � �! -• - ..i I 1 -40 P+b�� I ��^• i 1 IIi i III ! !�S' 1I3'°;l;c�€IIS�' I�`=I -I Ill l0 Ii �a l------------------ — y0 .ilw Kawa �a Page 24 Page 235 C. C)oeu Space Exhibit ( Vn I k5 F. IM LLI OL ------ Page 25 Item#14. D. Landscape Plans (date! 911 12 NOT APPROVED(requires revision prior to Final Plat) Nr LLVr]1�ddy iN3pV3�1LLH3 ' "war 31NIOd NONN31 - �-�' �97d�tiM1k�,UH�11V dnad994 it .1 ;!- l. 4 � �g'•s:�%-d�)f9F Oi :31 Il i , t z;= ; F � =I � 3 � `�'� -� f�-fir. � I � •`5� `i { 4 1 ,i_ it - _��..�.,,� u��Y{•,•�.'—� :� - . --------- — — - C3VOH11RONIl N o - Page 26 Page 237 Item#14. N.LINUEIi HOAD 0 L �.. E; .v. I- h m J r, -� 79= .. v p b 1— a� = sI IP ON Ilk pg ...... .. ....... E s rnaC.l IXiR�OUP AR0141TECTUF E PLLC >c}^1 3 l ENNON POINTS _ °�a fef •� {'; I ENTTTLEWWT FPPLICAT'OR Page 27 Page 238 Item#14. wlr- ems+i•T - 1 Q r• - i n -4 f b 4 9 • r ,.I• G.• II � I I I 0; tg F� iF _1 1 CC i 4 4' l�, kjs c �• DQ(M.WP AF{CI+rCTuArf PL LC I, + M1 LENNON POINTS B4rTRLXW-NT APPLICATION Page 28 Page 239 Item#14. _--4'..:_ W-,d, a t $ 01 kk - - m -x - -- r ALL + OG GROUP ARGHi TEG URE PLLG LENNCN PflINTE tW-rnVMr?JV APPLI ATION - Page 29 Page 240 Item#14. v •— _�a` N.L{NDER ROAD le s ; Nei- Wild'Q l'Ilk�91 isF}y3� � 11rseili 1. { 1�i SI ][ 'F�b J7 iiifFFFjiii;1111{4 � I ....w� r*pRouR McHrrEz TUFtr PI i.c Sf �iiili �� '•,r , LENNON POINTE -- eV=fNEWAPPLrcAT1DN Page 30 Page 241 Item#14. E. Site Plan(Revised January 2022) LOT tnr+aan mr.LW tmca�r 1 .uwlr M��Wlll _ ''s � N �L4gpMR �q U`[f � �. � 1F1!l uNl - � I -1 !,1!�i!�4 71!1 d l i 7t!�1 •4 !� m SITE _ i'1 51,619SF 1.1B 0 1 I fa - __ o iow�lmuW Ow ,Vwp m1frFOA Fj to --- v o �.� _ s .r v�rr.mic 'iw�cr�e•rrao� -- _ cr+iwmr•urre�ti "`�' wnrinw �wa�x Enncr� W x-rW!{M�7ntrW � a�fxvlAy uPN6+�oM�p � 7 (�N E PLAN LL I i Page 31 Page 242 Item#14. LOTCOVEMOU �kf roo...sn W VI�1'IaLN rucguu�a[.rw *rn..vn w.iarin.orw*c� MUV W�M Lbriti SITE B -mwsc.wr SITE A 51.619 5F 1.118 AC 679 SF 1.4 •��_ r� J .d7 ACIf 41 SITE I l rernw .� v isrwrt + 0 3 .crvn rt.Kan I .I - .i!i•� - -t Ll` i.= Yr ___ PRO 'I +"5'" fir• - 1= E '°r -= J LOG Y. i. rwc" I �• r raw•.r.. c� !F ¢ 9m 1 � rwwuan� i w L v.�ew.r naa ��kn�nv I 1 w ~•y� n.,r.rmw.,norw w I inrcvrr.om�wn[wynsr a LL my r I SIT PLAN Page 32 Page 243 Item#14. F. Public Works—Water Markup ssM+l W ::ST C:;PG Nv IN +ai'•. .--1 -. .— — _ _ - 'T INV.OUT ;I it ~BBMH C SSMH MH 4SS.%'&m.az RIM:2770.6Y I••� INV N'• ",''�INV.IN. INV.IN em . I INV OUT - !••� INV IN INV OUT'— — 4 T i �~ LGC-1•.. — m 1 --• RI M:,2 7.9t' q RIML 2677 L7'INV IN- NV- . INS!O1fT �.tl V r W.V.OUT: k - .� - ;�., nie r-•...pia ,'�.- -- S I- .f/!Sr d£SMI+. '.••. .�,k I s. M�-._...�—,� I Is r wfgpE6HF.Ar'_ aSLIH INV. } :� Vx =•._�__—_.... � IHV O.OUT l ,\, F I I fCIM2NB 5Tk I �'�'`+ Jr �2589es 1I INV.M l �� INV 1H ISV�A . ' 4 1' jy .w„ M.c{ I7' I i INV.INN IN • ', ` INV.OUT RIM:2d6B.6QNV.OUT! ` ..... 4. r � ' unLITY PLAN scue r•av Page 33 Page 244 G. Conceptual Building Elevations and Site Renderings(Revised JanuaU 2022) ----- _ _ J,flit ji lid It PP _.. ., � | . ' �Map INN Iry Page 34 Item#14. • '+ li S•"i f i1 i; 1 I i' 1 il'n I r IT 1'• 04 LLI �k's54i ] f A5.2 I LJ�7 _•_I' W W—I_,r _ — — ` rfr —-ter.w •—. x'�e n ? 3Y, fl- L tv -A&M. Page 35 Page 246 Item#14. q�iE it 11 N — im kilyll , uj —lid Q a w x A6.2B -k y Y Y cm' 19 c83 ii — — w r -H O Z 2 _ W rl7.2 Page 35 Page 247 Item#14. I �M9YLT f � 4 HI -1w bird I• I l 1 1.1 S w } a w � AM t r► V { + Fri, �?�r= I „ ! r►r IL C r 1 . V Page 37 Page 248 .�.. • pr AMW z _,ram i. s „ � —v''��. }� �.-'� • - � �^� 'ram ■ � �s. terr" .. L -� _ - ��r - a� r� a �d Item#14. ry _ u■a 'k,�F. yi":i t .f"+r� ee rr �iP� ■ f■ re � tit ru ru� rrr.� Mow. IMMININIMNIM Page 40 Page 251 Item#14. Vill. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat,site plan, landscape plan, open space exhibit, and conceptual building elevations included in Section V1I and the provisions contained herein. b. The 10-foot multi-use pathway along the Kellogg Drain and Creason Lateral in the southwest quadrant of the site shall be constructed with Phase I of the development. c. The existing county residential access onto W. []stick Road shall be closed upon development of the subject site, the only approved accesses to the adjacent arterials are those shown on the site plan. d. All pedestrian crossings within the private street and drive aisle portions of the site shall be constructed with brick.pavers, stamped concrete, or equal to clearly delineate pedestrian facilities. e. The required landscape street buffers shall be constructed and vegetated along the entire perimeter(along N. Linder Road and W. Llstick Road)with the: first phase of development. f. No more than 44 18 multi-family units are approved with the Lennon Pointe Community development the r,,,n4 t., Un itr 00584 to the o St pf ef4 j l,.-.undaty and Gr-easo Creel'Subdivision are limited to two ate„-.,units in g. If cross-access is proposed_between the commercial lot and the 5-unit townhomes,the Applicant shall submit_a recorded cross-access agreement to the Planning Division at the time of Final Plat Signature to ensure perpetual cross-access between the private street in the residential portion of the project and the commercial drive aisle. h. A_ alira> thall onstruct t e fQllowin land reap&d areas with trees that touch aLlnaturii�r,[zees at.le �t 3"in_saliper_ttt tUe tim�.�f�al�ntin au-dinSWILMom pants to have at least 70%ground cover at plant m t ri n c hu >� �� lte_propos�d�Qmrtaer�ial. uildintti_and the single famziy_ i ial.to a"muthm d_tbe landwape areaa rtheast w=r Qfthe th_Q multi-family building and the east property boundary(Lot 31 Block 1). i. With-the fnt-phan Qf dey_elgp-!ne�t`tLbe_ lic-ant-sbal-l-co-n-stnEt raised curbing or similar within the Linder Road access adjacent to ACH_D right-oF WaY_W_di5eoura a an _kft-Jnm1&-_o af&r�s. Appl icant Shall d i t Page 41 Page 252 Item#14. thiscurbing on the civil drawings and landscape plans with the first final plat mittal: coordinate with ACHD as ne_cessarv� 2. The preliminary plat included in Section V11.B, _with recision date of law au 2027. shall be revised as follows prircx-ta Final.elm_su-bMiltal at learn`en""' dajj s „t of the R 1 czoning disc,-iet b. Add additional common lots for the required landscape street buffers to N. Linder Road and W. Ustick road adjacent to residential uses,per UDC 11-3B-7C.2. c, Stamped and signed by the licensed land surveyor, d. Add a note stating direct lot access to N. Linder Road and W. Ustick Road is prohibited except for those access points approved by ACHD and as shown on the approved site plan. e. Add a common lot for the proposed common drive currently shown on Lot 13, Block 2 and add a plat note stating the purpose of the common drive and which building lots it serves. 3. The landscape plan included in Section VII.D, dated September 1.5, 2021, shall be revised as follows prior to submittal of the Final Plat application: a. Revise the location of the trees for the Linder Road street buffer to be outside of any waterway easement. b. Shift the proposed regional pathway on Lot 1, Block l to the west to better align with the approved segment to the south in Creason Creek No.2. c, Show the required 25-foot landscape buffer between the C-C zoning district and the R-I5 zoning district as required by UDC 11-3B-9C. d. Revise the landscapcplan to match the revised preliminary_plat and site plan dated iftnua y-2022. 4. The site plan, as shown in Exhibit V1I1,shall be revised as follows prior to Final Plat submittal: out of the floodway zone. b. Move the detaehed sidewalk aE�aeefi4 4e the east side of the 6 ufiit town] c. Show the required number of covered spaces for the proposed multi-family residential development, per UDC Table 11-3C-6. d. Shift the proposed regional pathway on Lot 1, Block 1 to the west to better align with the approved segment to the south in Creason Creek No. 2. limit of forty (4 0) fLeet for-the R 15 zoning di striet. Page 42 Page 253 Item#14. b. Show the loss of the iwo tm4s an flie thiFd and fourth levels of!he eastem MHI!i 6. With Final Plat application,the Applicant shall submit for Alternative Compliance to the landscape street buffer tree requirements along N. Linder Road for that area encumbered by the Kellogg Drain and Creason Lateral easements. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 1 1-2A-7, UDC Table 11-213-3,and those listed in the specific use standards for multi-family development, UDC 1]-4-3-27. S. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for multi-family and single-family dwellings based on the number of bedrooms per unit. 9.. The Applicant shall comply with all.ACHD conditions of approval. 10. The Applicant shall obtain Administrative Design Review(DES) for the attached single- family and townhome units prior to building permit submittal. One DES may be utilized for the entire single-family portion of the site. 11. The Applicant sliall obtain Certificate of Zoning Compliance(CZC)and Administrative Design Review(DES)approval for the future commercial buildings and multi-family structures prior to building pen-nit submittal. 12. Comply with the outdoor service and equipment area standards as set Forth in UDC 11-3A- 1?. 13, Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-I5, UDC 11-3B-6 and MCC 9-1-28. 14. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC l 1-313-14. 15. The applicant and/or assigns shall comply with the private street standards as set forth in UDC 11-3F-3 and l 1-3F-4. 16. 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 11-513-6F.1; or 2) obtain approval of a time extension as set forth in UDC 11-513-6F.4. 17. 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 fotlh in UDC I.1-6B-7. 18. Prior to City Engineer signature on the plat,the applicant shall submit a public access easement for the multi-use pathway along the southern boundary of the site to the Planning Division for approval by City Council and subsequent recordation. 19. Prior to issuance of Certificate of Occupancy on any building, the Applicant shall provide proof of the required maintenance agreement to the Planning Division in accord with UDC 11-4-3-27—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. Page 43 Page 254 Item#14. 20. Business hours of operation within the C-C zoning district shall be limited from b am to 11 pm as set forth in UDC l 1-2B-3A.4. 21. Any drive-thru establishment use shall require Conditional Use Permit approval in accord with UDC U 4-3-11. B. Public Works Site Specific Conditions of Approval 1. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations due to shallow ground water on site. The applicant shall be responsible for the adherence of these recommendations. 2.. A portion of this project lies within the.Meridian.Floodplain and Floodway Overlay District. Prior to any development occurring in the Overlay District a Floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 1 0-S—All structures in the overlay district must be elevated to flood protection elevations. 3, A water main connection will be required to Ustick Road. 4. Current design does not follow the utility corridor. Water mains should be located north and east of roadway center]ine. 5. A water main connection will be required to the existing stubs in North Zion Park Avenue and West Pebblestone Drive. b, The proposed main west of Building B should be eliminated. Townhomes can be served by the water main east of Building B. 7. Complete the water loop by extending the proposed water main in the private road between Building B and Building D 1 northeast to connect into the water main located south of Building Al. 8. Minimize water main length near the commercial lot at the northwest corner of the development. Bring the water main only as far as needed to provide a hydrant for the buildings' fire protection. Extend service lines from the main to serve the two retails buildings. 9. Water mains should not cross through landscaping or sidewalks. 10. Sewer service lines should not cross lots other than the lot they serve. Services in the southeast corner do not meet this requirement and must be adjusted. 11. Sewer needs to connect to West Pebblestone Drive by removing the temporary cleanout and connecting to the existing main. 12. The manhole located at the northeast corner of the development near Pebblestone Drive must be moved so it is located out of the landscaped area and instead located in Right-of-Way. 13. Sewer services should not cross infiltration trenches. 14. Utility easements are required for all mains outside of Right-of-Way. 15. No permanent structures can be built within a City of Meridian utility easement including but not limited to buildings, car ports, trash enclosures, fences,trees,bushes, infiltration trenches, light poles,etc. General Conditions of Approval Page.44 Page 255 Item#14. 16. 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. 17. 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. 18. 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 farms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the Form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2" x 1 I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor, DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 19. 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. 20. 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. 21_ 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 1 I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 22. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 23. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-52I 1. 24. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. Page 45 Page 256 Item#14. 25. 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. 26. 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 i 1-5C-3B. 27. Applicant shall be required to pay Public Works development plan review, and construction inspection tees. as determined during the plan review process,prior to the issuance of a plan approval letter. 28. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Pair Housing Act, 29. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 30. Developer shall coordinate mailbox locations with the Meridian Post Office. 31. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfil1,where footing would sit atop till material. 32. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 33. 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. 34. 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. 35. 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 littp://www.iiieridiaiicity.org/public_works.aspx'?id=272. 36. The City of Meridian requires that the owner post to the City a performance surety in the amount of l 25%,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. 37. 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 Page 46 Page 257 Item#14. Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT hq,Rs::11weblink_meridiancity.of g1WebLink1DocView.aspr?id--240228&dhid=0&rWo=MeridianC ity D. POLICE DEPARTMENT https:1A4,eblink.meridiancity.aMlWebLinklDoc View.aVx?id 240012&dbid-=0&?-epo=MeridianC Uy E. PARK Is DEPARTMENT—PATHWAY COMMENTS https:llweblink.meridiancity.orglWebLinklDocView.a.5px?id=242744&dbid=0&repo=MeridianC itv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) lrttps:Ilivehlirzk.meridiaticit} omr WehLitiklDvcView.aspx?id=243241&dhid=0&repo=MeridianC i &c'r=1 G. WEST ADA SCHOOL DISTRICT(WASD) https:llwebliiik.nieridiancity.oMlWebLinklDoc View.aspr?id 242517&dbid=0&r0o=MeridianC i tv H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llx,eblir2k,meridiancity.orglWebLiraklDoel'iew,aspx?id 240139&dhid=0&repo=MeridianC I. ADA COUNTY HIGHWAY DISTRICT(ACHD) Izttps:Il�tfeblir�k.ryzeridirrrrcity.or IWebLirrklDocYietit.astir?id 244361&dbid=0&rWo=MeridianC J. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.otglWebLinklDoc View.asp_r?id=240461&dbid=0&1.epo=MeridianC itv Ix. FINDINGS A. Annexation and/or Rezone(UDC I 1-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with R-15 and C-Czoning districts and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. Page 47 Page 258 Item#14. 2. The map amendment complies with the regulations outlined for the proposed districts. specifically the purpose statement; Council f nds the proposed zoning map amendment and request for the development of multiple housing types will contribute to the range of'housing opportunities available within the City}and within this area. Council finds the proposed addition oj'eommerrial within the development is generally consistent with the purpose statement of the commercial district and consistent with theffiaure land arse designation ofMrred-Use CommunilY. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Councilf finds the purposed zoning reap amendment should not he detrimental 10 the public health, .safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to,school districts; and Council_finds the proposed zoning map amendment will not result in an adverse impact on the delivery oj'services by auiv political.subdivision providing public services within the City% 5. The annexation (as applicable)is in the best interest of city. Because af'the unique and distinct project proposed, the proposed addition of more commercial zoning, and the varving tvpes o,f•housing options proposed. Council f finds the annexation is in the hest interest of'the City,. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: L The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staff"s recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of'this report for more fir,formation.) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds Mat public services will be provided to the subject properly with development. (See Section 1/111 of the Stu,ff Report,for more details,front 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 he 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 c•ormments fi-onz the public ser vice providers(i.e..Police,Fire,ACHD• etc.)• (See Section V11 for more information,) Page 48 Page 259 Item#14. 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safet}•, or envirotmrental problems associated with the planting oj'tltis property. ACHD considers road safety issues in their analysis and has approved the proposed road layout and connections to adjacent arterials. 6. The development preserves significant natural,scenic or historic features. Council is unaware of at2v significanl natural,scenic, or historic features that exist on this site that require preserving. C. 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 subinitted site plan straws compliance with all dimensional and development regulations in the R-15 coning 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 Opes proposed, is in accord with the comprehensive plan designation qf' Alixed-Use Community 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. Despite the proposed use being different than the residential uses closest to the subject site, Council finds the design, construction, and proposed operation and maintenance will he compatible ivilh other uses in the general neighborhood and should not adversely change the essential character oflhe sane area. tf all conditions of approval fire►net. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Counciljinds the proposed use, ifit complies with all conditions of'approval imposed, will not adversely affect other proper t)-in the vicinin,. 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. Page 49 Page 260 Item#14. Council_finds the proposed use will he served adequately by essential public.facilities and senlices as all services are readily availahle, the nearlry arterial street is widened to its f dl width, and the Applicant is required to construct a new public,road crtension to accornnrodateadditional trgffieflow. 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 puhlic facilities and services are readilt?available for the subject site so Council finds that the proposed use will not be detrimental to the economic welfare of the cominunih,or create excessive additional costs for puhlicfacilities 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. AIthough traffr`c will likely increase in the vicinity with the proposed use, all major roadways adjacent to the site are alreadv at their f ill width and the proposed layout offers the hest opportunity for.suf e circulation. Therefore. Council finds the proposed use will not he detrimental to a►zv persons,property, or the general ive fare. t cdl cottd_i.t1Cr-1r� 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 i.s not aware of a►tv,such features; the proposed use.should not result in damage of any such_features. D. Private Street Findings: In order to approve the application,the director shall .find the following: I. The design of the private street meets the requirements of this article; The Directorfinds that the proposed private street design meets the requirements. 2. Granting approval of the private street would not cause damage,hazard,or nuisance,or other detriment to persons,property,or uses in the vicinity; and The Director_finds that the proposed private streets would not cause damage, hazard. or nuisance, or other detriment to persons,properti; or uses in the vicinity if all conditions oj' approval are rrtet. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan.(Ord.05-1170,8-30-2005,eff.9-15-2005) The Director finds the use and location of'the private streets do not conflict with the comprehensive plan or the regional transportation plan because the proposed design meets all requirements and the project is also extending the required public road through the site. 4. The proposed residential development(if applicable) is a mere or gated development. (Ord. I0-1463, 11-3-2010,eff. 11-8-2010) The Director,finds the proposed residential development is a tnew development by having a majority of the units facing green,space instead of the private street. Page 50 Page 261 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Memorandum of Agreement Between the City of Meridian and Republic Services for the Collection, Hauling, and Disposal of Grit Material from the Wastewater Resource Recovery Facility Page 262 Item#15. Mayor Robert Simison I tNkw�N City Council Members Joe BortonEn Treg Bernt Public Works Brad Hoaglun Luke Cavener Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Joanna Hopson Business Programs Manager DATE: 04/14/2022 SUBJECT: MOA for hauling and disposal of WWRF Grit REQUESTED COUNCIL DATE: 04/26/22 I. RECOMMENDED ACTION A. Move to: 1. Approve MOA and allow all Recitals to be acted upon 2. Authorize the Mayor to sign the amendment II. DEPARTMENT CONTACT PERSONS Sayard Schultz, Solid Waste Coordinator 208-985-1255 Joanna Hopson, Business Programs Manager 208-489-0383 Alexander Freitag, Business Division Manager 208-489-0376 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background The terms between the City and Republic Services for disposal of Grit from the WWRF were not previously documented. B. Reason for Amendment Page 263 Page I of'2 Item#15. Republic Services has agreed to donate the hauling&disposal of the Grit from the WWRF when hauls are kept to three or less hauls per week. IV. IMPACT Without an agreement there is an undue risk of costs being incurred by the City for the service. V. TIME CONSTRAINTS This service is currently being provided. VI. ATTACHMENTS GRIT MATERIAL COLLECTION,HAULING,AND DISPOSAL MEMORANDUM OF AGREEMENT Approved for Council Agenda: Date Page 264 Page 2 of'2 GRIT MATERIAL COLLECTION,HAULING,AND DISPOSAL MEMORANDUM OF AGREEMENT THIS Memorandum of Agreement for Grit Material Collection, Hauling;, and Disposal from the City of Meridian Wastewater Resource Recovery Facility (AGREEMENT), is made and entered into this 26th day of April , 2422, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and Allied Waste Services of North America, LLC dba Republic Services of Boise("Republic Services"), an Idaho Corporation, hereinafter called "REPUBLIC SERVICES", whose current address is: 11101 W. Executive Dr- Boise. ID 83713. 1. RECITALS: 1.1 WHEREAS, REPUBLIC SERVICES perfornis all services pertaining to solid waste collection and disposal of the CITY'S solid waste pursuant to the Franchise Agreement; and 1.2 WHEREAS, THE City of Meridian operates a Wastewater Resource Recovery Facility (WRRF) in the City of Meridian at 34Q1 N. Ten Mile Road, Meridian, ID 83646; and 1.3 WHEREAS,the Franchise Agreement does not contain language related to the Collection, Hauling,and Disposal of Grit Material from the City's Wastewater Resource Recovery Facility; and 1.4 WHEREAS,the parties desire to enter into this Agreement for those services to define the material, cost, and frequency of this service. NOW THEREFORE, in consideration of the covenants and conditions set fffl-th herein, the parties agree as follows: ?. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: a. Grit Material - WRRF I-leadworks screenings material (municipal solid waste and debris). b. Cost for Collection and Hauling—Three scheduled collection days per week shall be a donated service to the City at no charge. Any additional collection, hauling, and disposal of Grit Material shall be done at the current rate for Ten (1 Q) yard industrial container contractual rate without the Franchise Fee attached. c. Cost for Disposal—The Disposal cost for the three scheduled collection days per week shall be a donated service to the City at no charge. The disposal rate for GRIT MATI:REAL COLLECTION,HAULING,AN DISPOSAL MEMORANDUM Or AGREEMENT 1 any additional hauls above the three, will be a direct pass thru rate based on the current landfill disposal fee. 4. TERMINATION: This Agreement shall run concurrently with the current City Franchise Agreement. 5. EFFECTIVE DATE: The effective date for this Agreement upon approval by the Mayor and City Council. IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as herein above provided. Dated this 26th day of April , 2022. Mayor Robert E. Simison ATTEST: Chris Johnson, City Clerk Dated this 26th day of April 2022. Robert Bennett REPUBLIC SERVICES, GENERAL MANAGER GRIT MA'rERIAL COLLECTION,HAULING,AND DISPOSAL MEMORANDUM OF AGREEMENT 2 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Memorandum of Agreement between the Meridian Fire Department, Boise Fire Department and Ada County Emergency Medical Services for purchase of an Advanced Life Support Simulation (ALS) Mannequin Page 267 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Division Chief of EMS JD Hendrick Meeting Date: April 26, 2022 Presenter: Division Chief JD Hendrick Estimated Time: 5 minutes Topic: Memorandum of Agreement with Boise Fire Department and Ada County Emergency Medical Services for an ALS Mannequin Recommended Council Action: Requesting Mayor's signature on the Memorandum of Agreement between Meridian Fire Department, Boise Fire Department, and Ada County Emergency Services. Background: We had budgeted approximately$35,000 in FY22 for an ALS Mannequin. Due to supply and demand we were no longer able to purchase this mannequin at the cost budgeted for. Boise Fire and Ada County Emergency Services were also seeking to purchase a mannequin in the same time period. Discussions among the three agencies were had, and the agencies legal departments reviewed this MCA. By making a joint purchase we will not only save money,but will have access to a higher quality mannequin than originally budgeted for. Page 268 MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT,BOISE FIRE DEPARTMENT,AND ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT FOR JOINT PURCHASE AND USE OF ADVANCED LIFE SUPPORT SIMULATION MANNEQUIN This MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT, BOISE FIRE DEPARTMENT, AND ADA COUNTY PARAMEDICS FOR JOINT PURCHASE AND USE OF ADVANCED LIFE SUPPORT SIMULATION MANNEQUIN ("Agreement"), is made and entered into this 26th day of April , 2022,by and between the City of Meridian on behalf of the Meridian Fire Department,a municipal corporation organized pursuant to Idaho Code §§ 50-101 et seq. ("MFD"), the City of Boise on behalf of the Boise Fire Department, a municipal corporation organized pursuant to Idaho Code §§ 50-101 et seq. ("BFD"), and the Ada County Emergency Medical Services District, organized pursuant to Chapter 39, Title 31, Idaho Code ("District") (collectively, "Parties"). WHEREAS, Idaho Code section 67-2332 authorizes public agencies to contract with one another to jointly undertake a function which each public agency entering into the contract is authorized by law to perform, including purchases and shared use of training equipment; WHEREAS, pursuant to Idaho Code section 67-2332, this Agreement sets forth fully the purposes, powers, rights, objectives and responsibilities of the Parties; WHEREAS, the Parties have determined that it is in the best interest of their respective jurisdictions to enter into this Agreement for the purchase and shared use of the SimMan 3G Plus advanced life support simulation training mannequin, as specifically described in Exhibit hereto ("Equipment"); WHEREAS, it is the Parties' desire to provide to each other mutual access to the Equipment purchased under this Agreement, in order to achieve economy of public resources, better coordinate public safety and emergency responses, and work cooperatively to fulfill the Parties' respective public service and governmental functions; NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions hereinafter set forth, the Parties mutually agree as follows: I.DISTRICT'S RESPONSIBILITIES. A. Invoice MFD and BFD. Within thirty(30)days of execution of this Agreement,District shall deliver invoices to MFD and BFD, in the respective amounts set forth in this Agreement. B. Purchase of Equipment. Following receipt of the monetary contributions of MFD and BFD, in the respective amounts set forth in this Agreement, but no later than September 30, 2022, District shall purchase the Equipment from Laerdal Medical (167 Myers Corners Road, Wappingers Falls, New York 12590), at a cost of seventy-nine thousand, one hundred and twenty-six dollars and sixty-six cents ($79,126.66). MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT,BOISE FIRE DEPARTMENT,AND ADA COUNTY EMS DISTRICT FOR PURCHASE OF TRAINING EQUIPMENT PAGE I C. Ownership. Subject to the provisions of this Agreement regarding shared use, District shall own the Equipment as its asset, and shall: 1. Retain the Equipment in good working condition throughout the term of this Agreement. 2. Conduct or obtain any and all necessary cleaning, maintenance, and repair of the Equipment, unless such required maintenance or repair of the Equipment is solely attributable to another Party. 3. Properly store and secure the Equipment in order to prevent theft, damage, or loss. 4. Insure the Equipment against theft, damage, or loss. 5. Replace the Equipment if necessary due to theft, damage, or loss, unless such theft, damage, or loss is solely attributable to another Party. 6. In consultation with MFD and BFD Contacts, establish rules for the proper use of the Equipment. 7. In consultation with MFD and BFD Contacts, determine whether and under what terms other agencies may use the Equipment. District's obligations under this provision shall endure through December 31, 2027. If District ceases to possess the Equipment before this date, District shall reimburse MFD and BFD, in prorated amounts. This reimbursement shall be twenty-five percent (25%) of each Party's contribution the first year after District ceases possession of the Equipment, and ten percent (10%) each subsequent year until the respective amounts are paid in full. D. Maintenance and repair. Upon prior written agreement between the District Contact, the MFD Contact, and the BFD Contact, the Parties shall contribute equally to the costs of maintenance and repair of the Equipment. Prior to incurring maintenance and repair costs, District shall notify the MFD and BFD Contacts of such necessity, and shall allocate the costs between the Parties. District shall pay all such maintenance and repair costs and deliver invoices to MFD and BFD in the respective amounts as agreed by the party Contacts. If such maintenance or repair is solely attributable to either MFD or BFD,that Party shall bear the cost of maintenance and/or repair. E. Shared use.In consideration of the contributions set forth in this Agreement,by arrangements to be made between the designated party Contacts, District shall work with MFD and BFD to schedule use of the Equipment. In the event two or more entities want to use the equipment on the same day, use of the Equipment will be on a first-come-first served basis. District Contact shall ensure that each Party has generally comparable time for training with the Equipment. F. District Contact. District shall designate an individual to serve as District Contact, which individual shall serve as the liaison between District and City for all matters regarding day-to- day scheduling, use, and maintenance of the Equipment. MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT,BOISE FIRE DEPARTMENT,AND ADA COUNTY EMS DISTRICT FOR PURCHASE OF TRAINING EQUIPMENT PAGE 2 u.MFD's RESPONSIBILITIES. A. Contribution to purchase. Within thirty (30) days of District's invoice, MFD shall remit to District nineteen thousand, seven hundred and eighty-one dollars and sixty-six cents ($19,781.66) as MFD's contribution to the purchase of the Equipment. B. MFD Contact. MFD shall designate an individual to serve as MFD Contact,which individual shall serve as the liaison between MFD and District for all matters regarding day-to-day scheduling, use, and maintenance and repair needs of the Equipment. III.BFD's RESPONSIBILITIES. A. Contribution to purchase. Within thirty (30) days of District's invoice, BFD shall remit to District nineteen thousand, seven hundred and eighty-one dollars and sixty-six cents ($19,781.66) as BFD's contribution to the purchase of the Equipment. B. BFD Contact. BFD shall designate an individual to serve as BFD Contact, which individual shall serve as the liaison between BFD and District for all matters regarding day-to-day scheduling, use, and maintenance and repair of the Equipment. IV.GENERAL PROVISIONS. A. Party Contacts. Communication between City Contact and District Contact may occur via e- mail or telephone. The Parties hereby designate the following individuals to serve as the respective Parties' contacts: District Contact: MFD Contact: BFD Contact: Jeremy Schabot JD Hendrick Kurt Freeman Deputy Chief Division Chief of EMS Training Captain—EMS jschabot@adacounty.id.gov gendrick@meridiancity.org kfreeman@cityofboise.org 208-287-2962 208-888-1234 208-869-0911 B. Notice. All other notices required to be given by either of the Parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to District: If to MFD: If to BFD: Chief Shawn Rayne City Clerk Deputy City Clerk Ada County Paramedics City of Meridian City of Boise 370 N. Benjamin Lane 33 E. Broadway Avenue 150 N Capitol Blvd. Boise, Idaho 83704 Meridian, Idaho 83642 Boise, Idaho 83702 C. Term. This Agreement begins immediately upon execution and shall expire and automatically terminate on December 31, 2027 unless earlier terminated or extended. D. Non-appropriation. Notwithstanding any other provision of this Agreement, no Party shall be obligated by any provision of this Agreement unless and until the Parties' respective MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT,BOISE FIRE DEPARTMENT,AND ADA COUNTY EMS DISTRICT FOR PURCHASE OF TRAINING EQUIPMENT PAGE 3 governing boards appropriates adequate funds for this Agreement in the Parties' budgets for the applicable fiscal year. In the event that funds are not appropriated necessary to meet obligations contemplated by this Agreement, then this Agreement shall terminate. Any Party failing to appropriate such funds shall notify the others at the earliest practicable date. E. Assignment. Neither Party shall assign or sublet all or any portion of its respective interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the Parties. F. No agency. For purposes of or in furtherance of this Agreement,neither party nor its respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. G. Compliance with laws. In performing the scope of services required hereunder, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Each Party shall comply with its own policies in the use of the Equipment. H. Termination. Grounds for termination of this Agreement shall include an act or omission by any party which materially breaches any term of this Agreement; an act of nature or other unforeseeable event that precludes or makes impossible the performance of the terms of this Agreement; or a change in or occurrence of circumstances that renders the performance by any party a detriment to the public health, safety, or welfare. Any party may terminate this Agreement by providing thirty (30) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A fourteen (14) day cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of notice of termination. If District terminates this Agreement before December 31, 2027, District shall reimburse MFD and BID, in prorated amounts, for their respective contributions made under this Agreement. I. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. J. Non-waiver. Failure of any party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. K. Approval required. This Agreement shall not become effective or binding until approved by the Parties' respective governing bodies. The Parties signatory hereto represent and warrant MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT,BOISE FIRE DEPARTMENT,AND ADA COUNTY EMS DISTRICT FOR PURCHASE OF TRAINING EQUIPMENT PAGE 4 that each is duly authorized to bind, respectively, District, MFD, and BFD to this Agreement in all respects. L. Execution of Agreement.This Agreement may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. M. Amendment. This Agreement may only be amended in writing signed by all Parties. N. Actions of Others. Each Party to this Agreement will be responsible for its own actions and shall not be liable for any claim or cause of action that may arise from actions or the furnishing of services by the other Party or any third party. O. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, will excuse the performance by the Party for a period equal to any prevention, delay or stoppage P. Idaho Tort Claims Act. Notwithstanding anything contained herein to the contrary, any potential liability of any party is at all times herein strictly limited and controlled by the provisions of the Idaho Tort Claims Act, as now or hereafter amended. Nothing herein shall be deemed a waiver of any privilege, immunity, protection or defense afforded to the City of Boise as a political subdivision of the State of Idaho, under the Idaho Constitution, the Idaho Tort Claims Act, or any other applicable law. Q. Governing Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Idaho. R. Alternative Dispute Resolution.Prior to the commencement of a judicial suit,demand,claim, or controversy, the disputing Parties shall meet in good faith and attempt to mediate the disputed issue. The mediator will be a mutually agreed upon third party. This mediation will be non-binding. The disputing Parties may file a suit, demand, claim, or controversy after mediation is attempted. S. Jurisdiction.The state courts of the State of Idaho will have exclusive jurisdiction of any suit, dispute, claim, demand, controversy, or cause of action that the Parties may now have or at any time in the future claim to have based in whole or in part or arising from the negotiations, execution, interpretation, or enforcement of this Agreement. The Parties submit to the in personam jurisdiction of the state of Idaho,to venue in the state courts within the state of Idaho in Ada County, and consent to service of process being affected upon them by certified mail sent to the addresses set forth in this Agreement. T. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT,BOISE FIRE DEPARTMENT,AND ADA COUNTY EMS DISTRICT FOR PURCHASE OF TRAINING EQUIPMENT PAGE 5 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. BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: Rod Beck, Commissioner Ryan Davidson, Commissioner ATTEST: Kendra Kenyon, Commissioner Phil McGrane, Ada County Clerk CITY OF MERIDIAN: ATTEST: Robert E. Simison, Mayor 4-26-2022 Chris Johnson, City Clerk 4-26-2022 CITY OF BOISE: ATTEST: Lauren McLean, Mayor Linda Lowry, City Clerk MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT,BOISE FIRE DEPARTMENT,AND ADA COUNTY EMS DISTRICT FOR PURCHASE OF TRAINING EQUIPMENT PAGE 6 page 274 Item#16. EXHIBIT A EQUIPMENT: ALS SIMULATION MANNEQUIN MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN FIRE DEPARTMENT,BOISE FIRE DEPARTMENT,AND ADA COUNTY EMS DISTRICT FOR PURCHASE OF TRAINING EQUIPMENT PAGE 7 page 275 Item#16. Laerdal° helping save lives r.. Alla i :ii A Immersive training for emergency care procedures SimMan° 3G PLUS realistic,full body adult patient sim lator,SimMan 3G PLUS is easy to opera e and designed for a fully immersive simulation experience.SimMan 3G PLUS features interchangeable face skins,articulating arms,and the ability to train with real clinical devices. Learners can perform individual or interdisciplinary team training,practicing critical skills such as decision-making,team communication,and patient care,all in a risk-free environment. Practice equitable care,integrating advanced clinical features to help prepare learners for i real-world situations that improve patient outcomes. SELLSHEET www.laer page276 Item#16. Man® 3G PLUS MULTIPLE AIRWAY SKILLS/FEATURES BREATHING COMPLICATIONS EYES FEATURES •Controllable open/closed airway; •Cyanosis •Blinking-slow,normal,fast and winks •Wireless instructor computer with LLEAP automatically or manually controlled •Needle thoracentesis—bilateral •Open,closed and partially open software •Head tilt/Chin lift •Unilateral&Bilateral chest movement •Pupillary accommodation: •Control multiple manikins from I interface •jaw thrust w/articulated jaw •Unilateral,Bilateral&lobar breath sounds synchrony/asynchrony •Control simulation from anywhere on your •Suctioning(Oral&Nasopharyngeal) •Chest tube insertion-bilateral normal and sluggish speed of response network •Bag-mask ventilation •Use Manual Mode to run"on-the-fly"for •Nasal cannulation OTHER FEATURES total control over all parameters CARDIAC FEATURES •Interchangeable head skins •Orotracheal/Nasotracheal intubation Extensive ECG library •Utilize Automatic Mode with Pre- - Sp02 measurement with pulse oximeter programmed scenario for a simple and •Combitube,LIMA,and other airway placement •Heart sounds—four anterior locations •Seizure/Fasciculation standardized way to run a simulation •Endotracheal tube intubation •ECG rhythm monitoring(4 wire) •Bleeding -Patient cases utilizing physiological and •Retrograde intubation 12 lead ECG display -Simulation of bleeding at multiple sites pharmacological models •Fiberoptic intubation •Defibrillation and cardioversion using live -Arterial and venous -Pre-programmed scenarios •Transtracheal jet ventilation defibrillation pads or paddles -Vital signs automatically respond to blood -Self-authored content •Needle/Surgical cricothyrotomy •Pacing loss&therapy •Simulation controls;fast forward,pause, •Variable lung compliance—4 settings -Works with various wound modules& rewind,save/restore •Variable airway resistance—4 settings CIRCULATION FEATURES moulage kits •Profile editor •Right main stem intubation •Oscillometric BP measurement •Urine output(variable) g •Future prediction and patient outcome display •Stomach distention •Carotid,femoral,brachial,radial,dorsalis •Foley catheterization pedis,popliteal and posterior tibialis pulses •Secretions Integrated video debriefing synchronized with ECG Eyes and Ears •Time stamped activities,vital signs,and AIRWAY COMPLICATIONS y instructor comments are captured in the •Detection of proper head position •Pulse strength variable with BP Blood,Mucous,CSF,etc. event log •Pulse palpation is detected&logged •Diaphoresis •Can't intubate/Can ventilate p p •Bowel Sounds—four quadrants •Can't intubate/Can't ventilate PATIENT MONITOR VASCULARACCESS •Patient Voice •Tongue edema • •Bilateral orted IV access -Pre-recorded and custom sounds Touch-screen simulated patient monitor •Pharyngeal swelling pre ported p Instructor can simulate patient's voice- provides concise clinical feedback for •Laryngospasm •Bilateral humeral 10 wirelessly physiological parameters •Decreased cervical range of motion •Tibial 10 •Instructor Communication •The monitors color screen is configurable •Bilateral deltoid IM and provides multiple simulated param- •Trismus Multiple instructors communicate using eters,each presenting multi-level alarms integrated voice over IF BREATHING FEATURES CPR •Fully articulating pelvis •Simulated parameters include ECG(2 •Compliant with current Guidelines traces),Sp02,CO2,ABP,CVP,PAP PCWP •Simulated spontaneous breathing P •Leg rotation in all natural directions NIBPTOF,Cardiac output,Temperature •Bilateral and unilateral chest rise and fall •CPR compressions generate palpable •Articulating arms (core and peripheral),additional and •CO2 exhalation pulses,blood pressure waveform,and ECG programmable parameters e.g.ICP •Normal and abnormal breath sounds artifacts PHARMACOLOGY X-Ray Display •Realistic compression depth and resistance •Extensive drug formulary -5 anterior auscultation sites 12 Lead ECG •Detection of depth,release and frequency •Automatic or programmable physiological -6 posterior auscultation sites • Custom Image Display of compressions responses •Oxygen saturation and waveform •Real time feedback on quality of CPR Custom Video Display CERTIFICATIONS Oxygen saturation and waveform •UL,CE,FCC,CSA ORDERING INFORMATION COMPUTER OPTIONS OPTIONAL ACCESSORIES 212-03350 SimMan 3G PLUS Light 400-10201 Laptop Instructor/Patient Monitor 212-07150 Rugged Carry Case 212-03150 SimMan 3G PLUS Medium 400-09201 Tablet-PC Instructor/Patient Monitor 212-03250 SimMan 3G PLUS Dark 400-09501 Rugged Tablet Instrucotr/Patient Includes:Sini 3G PLUS Manikin,LLEAP Software and Monitor License,USB Headset/Microphone,Wounds Kit,Specially 400-29301 All In One Panel PC Instructor/Patient Designed Clothing(Trousers,Shirt,Gown,Wig),Simulated Monitor Patient Cables,Soft-sided Carry Cases Operation Supporting Products Services Customize your Sini 3G PLUS Pairing SimMan 3G PLUS with complementary partner accessory solutions Laerdal offers comprehensive operation with 4 LLEAP instructor computer helps deliver a more complete and realistic simulation training experience. Educational Services to support and simulated patient monitor options. •VitalsBridge-Use your own clinical patient monitor during your faculty competency simulation training development needs to optimize •Laerdal-SonoSim Ultrasound Solution-Include diagnostic ultrasound learning potential in your featuring real cases with pathological findings into full-scale simulations students,and Technical Services v-s •ASL 5000 Lung Solution-Conduct high-fidelity ventilation to help ensure your equipment - = management training with a spontaneously breathing patient is operational for maximum Sin-Capture allows you to effectively manage,record,and assess simulation performance. training,both on-site and in-situ. Visit Laerdal.com for a complete listing of parts, accessories, and consumables La Page 277 he ping save ryes Item#16. From: ID Hendrick III To: Christie Boucher Subject: FW: [External]Simulation Mannequin MOA Date: Tuesday,April 19,2022 9:27:43 AM Attachments: 4-5-22 MOA between MFD. BFD.ACP-CPR Mannequin with Exhibit.Ddf imaae003.pnno image01N)nna image011.pnna imaae004.ina image007.pnna image008.i)ng Here is the confirmation from Emily Kane. Thanks, JD Hendrick Division Chief EMS Meridian Fire 33 E. Broadway Ave.,Ste. 210, Meridian, ID 83642 (0)208-888-1234(C)208-407-8234 Dedication-Loyalty-Tradition 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. From: Emily Kane Sent: Wednesday, April 6, 2022 1:21 PM To:JD Hendrick III <ghendrick@meridiancity.org> Subject: RE: [External] Simulation Mannequin MOA Hi,JD! Success! The agencies all agree on this version, so it is time to move this forward. I will leave it to you to add this to the next available Council agenda. When all three agencies have signed, I will compile them and then we will be ready for Ada County to invoice us and then purchase the mannequin. Let me know if you have any other questions or would like to discuss. Thank you! Emily Emily Kane I Deputy City Attorney City of Meridian I City Attorney's Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 Page 278 Item#16. Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention,and may be released upon request, unless exempt from disclosure by law From:JD Hendrick III Sent: Monday, April 4, 2022 4:21 PM To: Emily Kane <ekanePmeridiancity.org> Subject: RE: [External] Simulation Mannequin MOA Emily, I am good with these. We won't need to get a budget amendment, this is money we have for a replacement mannequin currently. I guess once it is all signed off, I can ask for it to be added to the consent agenda. And I will leave the ball in his court. It sounds like you are moving forward with the attorney team, hopefully with not much resistance JD Hendrick Division Chief EMS Meridian Fire 33 E. Broadway Ave.,Ste. 210, Meridian, ID 83642 (0)208-888-1234(C)208-407-8234 Dedication-Loyalty-Tradition 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. From: Emily Kane Sent: Monday, April 4, 2022 4:00 PM To:JD Hendrick III <ghendrickl@meridian city.org> Subject: RE: [External] Simulation Mannequin MOA Hi,JD. Yes, if you are good with these changes, I will let the other agencies' attorneys know that we are ready to move forward. Then we will finalize the document and I will send the final on to you to bring to City Council for approval and the mayor's signature. You should just be able to add it to the consent agenda, unless you are going to need a budget amendment or something like that. Once all Page 279 Item#16. three agencies have signed,the agreement will be effective, and ACP will be authorized to make the purchase. As far as getting Purchasing's buy-in, if MFD has money already budgeted for this, you should be able to just get Keith's check-off when the contract is added to the Council agenda—both Legal and Purchasing review all of those. So you can probably leave the ball in his court at this point. Sound good? If so I will keep moving forward with the attorney team. Thank you! Emily Emily Kane I Deputy City Attorney City of Meridian I City Attorney's Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 11_II311U i u,trco Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention,and may be released upon request unless exempt from disclosure by law From:JD Hendrick III Sent: Monday, April 4, 2022 3:34 PM To: Emily Kane<ekane(@rneridiancity.org> Subject: RE: [External] Simulation Mannequin MOA Emily, It looks good to me. I don't see any need for further changes. I have a phone call out to Keith Watts to see where we are at. Hopefully I can get an answer soon. Based on how I understand the conversation here. We are good to go? Just finalizing the document? Thanks so much for all of your help with this Emily. JID Hendrick Division Chief EMS Meridian Fire 33 E. Broadway Ave.,Ste. 210, Meridian, ID 83642 (0)208-888-1234(C)208-407-8234 Dedication-Loyalty-Tradition Page 280 Item#16. 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. From: Emily Kane Sent: Monday, April 4, 2022 12:45 PM To:JD Hendrick III <ghendrick(@meridiancity.org> Subject: FW: [External] Simulation Mannequin MOA Hi,JD. Here are the requested edits—they look OK to me. Do they work for you? If so, are you ready for me to finalize and have all jurisdictions move this forward? Thanks! Emily Emily Kane I Deputy City Attorney City of Meridian I City Attorney's Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 C�WE ID� } Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention,and may be released upon request, unless exempt from disclosure by law From: Andrew Jenkins<aienkinsC@adacounty.id.gov> Sent: Monday, April 4, 2022 11:51 AM To: Emily Kane <ekanePmeridiancity.org>;Jon Roundy<jroundyt(@cityofboise.org> Cc:Thomas Larsen <tlarsenC@adacounty.id.gov> Subject: RE: [External] Simulation Mannequin MOA External Sender-Please use caution with links or attachments. Emily and Jon, Here are a few comments from the County's perspective. Let me know if you have any thoughts regarding these. Best, Andrew Jenkins Deputy Prosecutor, Civil Division Ada County Prosecutor's Office CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information Page 281 Item#16. intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient,you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone at (208) 287-7700, of any unintended recipients and delete the original message without making any copies. From:Andrew Jenkins Sent: Wednesday, March 30, 2022 9:19 AM To: Emily Kane<ekane(@meridiancit)1.org>;Jon Roundly<iroundy( cityofboise.org> Cc:Thomas Larsen <tlarsen(@adacounty.id.gov> Subject: RE: [External] Simulation Mannequin MOA Thank you for the Exhibit, Emily. Thomas is going to be assisting me with this agreement, so I am just looping him in. Hopefully we will be able to discuss this soon and provide feedback if we have any. Best, Andrew Jenkins Deputy Prosecutor, Civil Division Ada County Prosecutor's Office CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient,you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone at (208) 287-7700, of any unintended recipients and delete the original message without making any copies. From: Emily Kane<ekane(@meridiancity.org> Sent:Tuesday, March 29, 2022 2:21 PM To:Jon Roundy<jroundy(a cit)lofboise.org> Cc:Andrew Jenkins<ajenkins(@adacounty.id.gov> Subject: RE: [External] Simulation Mannequin MOA Good thinking,Jon; thanks for convening us. I created the original document; Bill typically does all of the union negotiating but I typically work with MFD on contracts. I am good with your suggested edits. I'm attaching the information I thought we could use for Exhibit A. When you're ready to move this forward to our respective agencies, I can finalize the document and resend it to you two. Thanks! Emily Emily Kane I Deputy City Attorney City of Meridian I City Attorney's Office Page 282 Item#16. 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 C4fE I D , fineridiancity.orgl Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention,and may be released upon request,unless exempt from disclosure by law From:Jon Roundy<iroundy(@cit)1ofboise.org> Sent:Tuesday, March 29, 2022 1:44 PM To: Emily Kane <ekane(@meridiancity.org> Cc: Andrew Jenkins<aienkins(cDadacounty.id.g_ov> Subject: RE: [External] Simulation Mannequin MOA External Sender-Please use caution with links or attachments. Hi Emily- Andrew (cc'd attorney for Ada Co. Paramedics) and I were discussing the attached agreement between our organizations for the joint purchase of a simulation mannequin to be used in EMS training. I added some suggestions to the draft I received and suggested that this agreement might process more efficiently if we looped in the attorneys for the three agencies who are parties to this agreement. I have attached the agreement with this email. Emily-would love to hear your thoughts about process and the agreement. Also happy to discuss this with Bill if this originated with him... Andrew, did I miss anything? Thanks. Jonathan E. Roundy Deputy City Attorney Boise City Attorney's Office Office: (208)608-7950 B O 1 S E iroundy@cityofboise.org C I T Y a r T R[r 5 Creating o city for everyone. CITYOFBOISE_OR [cityofboise.orgl CONFIDENTIALITY NOTICE:This email is intended only for the personal and confidential use of the individual(s)named as recipients and is covered by the Electronic Communications Privacy Act,18 U.S.C.§§2510-2521. It may contain information that is privileged,confidential and/or protected from disclosure under applicable law. If you are not the intended recipient of this transmission,please notify the sender at(208)608-7950. Do not deliver,distribute or copy this transmission,disclose its contents or take any action in reliance of the information it contains. From: Andrew Jenkins<aienkins(@adacounty.id.gov> Sent: Wednesday, March 23, 2022 9:15 AM Page 283 Item#16. To:Jon Roundly<jroundyC@cityofboise.org> Subject: RE: [External] Simulation Mannequin MOA Hi Jon, That is the agreement I am talking about. I'm honestly not sure who created the document, but I was just wanting to know if all three of us could get together to discuss any potential issues. If you wouldn't mind including the Meridian attorney on this that would be great. I'm not exactly sure who that is. Best, Andrew Jenkins Deputy Prosecutor, Civil Division Ada County Prosecutor's Office CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient,you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone at (208) 287-7700, of any unintended recipients and delete the original message without making any copies. From:Jon Roundy<jroundy(@cityofboise.org> Sent:Tuesday, March 22, 2022 3:54 PM To: Andrew Jenkins<aienkins(@adacounty.id.gov> Subject: RE: [External] Simulation Mannequin MOA CAUTION:This email originated from outside Ada County email servers. Do not click on links or open attachments unless you recognize the sender and know the content is safe.Verify the sender by mouse- hovering over their display name in order to see the sender's full email address and confirm it is not suspicious. If you are unsure an email is safe, please report the email by using the Thish Alert' button in Outlook. Hi Andrew- Are we discussing the group purchase for the ADVANCED LIFE SUPPORT SIMULATION MANNEQUIN? If we are, what I know is that one of the Division Chief at BFD gave me a proposed agreement and wanted my input which I gave by adding comments. I assumed that the document had originated with Ada Co. as it looks like Ada Co. Paramedics are supplying more than half of the funds. If it isn't you or Nancy who originated this document, then it must be Meridian. If you like I can include the Meridian City Attorney on this discussion that we can Page 284 Item#16. move things forward. What are your thoughts about this approach? Jonathan E. Roundy JL Deputy City Attorney Boise City Attorney's Office Office: (208)608-7950 B O 1F E jroundy@cityofboise.ora ciTr ar Tr.eez Creating a city for everyone. CITYOFBOISE_ORC f cityofboise.orgl [gcc02.safelinks.protection.outlook.coml CONFIDENTIALITY NOTICE:This email is intended only for the personal and confidential use of the individual(s)named as recipients and is covered by the Electronic Communications Privacy Act,18 U.S.C.§§2510-2521. It may contain information that is privileged,confidential and/or protected from disclosure under applicable law. If you are not the intended recipient of this transmission,please notify the sender at(208)608-7950. Do not deliver,distribute or copy this transmission,disclose its contents or take any action in reliance of the information it contains. From: Andrew Jenkins<aienkins(@adacounty.id.gov> Sent:Tuesday, March 22, 2022 3:16 PM To:Jon Roundy<jround)1(@cit)1ofboise.org> Subject: [External] Simulation Mannequin MOA Hi Jon, I was just put on this project and was hoping I could get up to speed. Where exactly are we on this? I see there are some edits, but I'm not exactly sure who has seen what. Could you fill me in a bit? Best, Andrew Jenkins Deputy Prosecutor, Civil Division Ada County Prosecutor's Office CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient,you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone at (208) 287-7700, of any unintended recipients and delete the original message without making any copies. 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 285 Item#16. Page 286 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - March 2022 Page 287 Item#17. CITY of MERIDIAN FINANCE REPORT March 2022 - FY22 Report PAGE # Investment Graphs 2 Fund Balance 3 �I;ISIf it rII � � � IT 14 $ ® __ _ ____ im�nmm�nnmw �nTnTniuin�n�� nnnnr Page 288 F:\Reporting\Monthly Reports\FY2022\FY22-6 Mar Council Report 1 of 3 Item#17. FINANCE REPORT C%�E ITAN= March 2022 - FY22 AHO 1 City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE POOL IDAHO BOND FUND 1.32% CASH 0.00% FIB 0.22% ■FIB MoneyMarket$1,649,087 -Cash $9,240,345 MONEYMARKET ■Idaho Bond Fund$71,850,721 ■Idaho State Pool$141,330,269 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $900,000 $140,000,000 $800,000 $700,000 $120,000,000 $600,000 $100,000,000 $500,000 $80,000,000 $400,000 $300,000 $60,000,000 $200,000 $40,000,000 — $100,000 $20,000,000 — $0 General Enterprise General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY22 ■FY21 Page 289 F:\Reporting\Monthly Reports\FY2022\FY22-6 Mar Council Report 2 of 3 is Item#17. Ci�E IDI� IAN--- FINANCE REPORT t oa H o March 2022- FY22 J GENERAL FUND BALANCE ALLOCATIONS M0,000,000 $100,000,000 $80,000,000 360,000,000 $M,000,000 $20.000.000 $ 9/30/2015 9/30/2016 9/30/2017 9/30/2013 9f39/2019 9130f2020 9/30/2021 Nonspendable ■Restlicted ■Consmitted ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $90A0%000 $W.00a000 $70,000,000 $60,000,000 $50,000,000 $-00,00aoo0 $30,00a000 $an,aoa000 $10,00a000 ... ............ $ 9/30/2015 9/30f2016 9f30f2017 9/30/2018 9f30f2019 9f30f2020 9/30/2021 ■Assigned ■Unassigned ■Assinged Reserves Page 290 rP F:\Reporting\Monthly Reports\FY2022\FY22-6 Mar Council Report 3 of 3 E IDIAN;--- AGENDA ITEM ITEM TOPIC: DEPARTMENT/COMMISSION REPORTS (Action Item) Page 4 E IDIAN;--- AGENDA ITEM ITEM TOPIC: MYAC Page 4 Mayor’s Youth 2022April -February Council Advisory Government Affairs Youth Lobby Day among young people.talk about the prevalence of vaping MYAC members recorded videos to Planning and Zoning planning and zoning process.for students to learn about the chair created an interactive way Government Affairs chair and vice 2/28–Game Community Service Chalk Art for Do The steps of Meridian city hall.uplifting messages on the front over spring break to write MYAC members volunteered 3/21–Right Do The Right Do The Right Day.and materials pertaining to businesses information Meridian to give through downtown MYAC members walked 3/5–Outreach Community Do The Right Community shoppers Village gift cards.Village to give unsuspecting through the SimisonMayor MYAC members walked with Outreach 3/7 Leadership Development Mad City Money experience!interviewed by CapEd about their Some MYACers were even interactive simulation.financial responsibility through an MYAC members learned about 2/28 – City Council & government is like.working with nonprofits or local understand what MYACershelp community members who can dedicated to panels with 2 MYAC meetings were Nonprofit Panels Event Planning-Candy Crush–Simison’s next birthday party MYAC members planned Mayor about event planning.Meridian Chamber came and spoke event, Amana Presnell from the In preparation for our Senior Prom Other Events Murder Mystery Party recruited 2 new members.our amazing advisor which by executive council and ran by An extra social event planned Upcoming Events Fundraiser 5K PEER Wellness Center 28 May Mental Health Speaker Event 23 May End of Year Party 23 May Senior Prom 21 May Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Cost Recovery Process Update Page 291 �A�RIpIAN PARS€$ AND RE��EATLQN A i' f Developinga Cost RecoveryModel IDI *, - IDAHO • • • • • • • • • • • • • • • • • • • • Item#19. Introduction to the Pyramid 5 - Mostly Individual Benefit Method olo 4 --Considerable Individual Benefit � - IndividualiCommunity Benefit (Balanced Beneficiaries) • Based on who benefits 2 w Considerable Community Benefit 1 - Mostly Community Benefit • Basic level of service is free w (supported by tax revenues) • Fees are a responsible and necessary supplement • The greater the individual benefit the higher cost recovery rate Page 293 Item#19. Adaptive Recreation Aquatics/Community Center Drop-in Out of School Time Programs Vending/Concession Facility Rentals (Private) ti Fitness General Classes Step 3 : Developing �Cate ories of Service 1 1 Page 294 0 Item#19. oil Ste p 4 : Sorting Services onto the Pyramid The benefit is in the discussion, "ownership," and "buy-in" from staff, decision makers and the public. Page 295 Item#19. Private Lessors Private Leagues Merchandise andConcessions Programs for Youth (5-14 years Mostly Programs for Teens (13-19 years) Adult Fitness Individuaf Benefit Programs for Infant to Pre-1 . Rentals Programs for Seniors 4 Summer Day Camps Adult Leagues Considerable youth Athletics Kids Preschool Individual: Benefit Adult Programs Youth Leagues Adaptive Recreation Balanced Drop-in Programs/One-time use Individual/Community Benefit Out of School Time Programs Public Safety Education I Considerable Internal Services Community Benefit Partnered Social Services 1 lvlastly Events - Organized by the City Community Benefit Events - Permitted by the City Neighborhood Programs Beaches . Page 296 Exampl • • • • • • • • • • • • • • • • • • • • Item#19. Join In-Person Meeting: g Wednesday, April 27, 2022 the 9:00 — 10:30 am Meridian City Hall Discussion Pre-register at: https://www.eventbrite.com/e/297318235847 Virtual Meeting: Meridian residents are Wednesday, April 27, 2022 invited to help us 6:00 — 7:30 pm evaluate the benefits of Pre-register at: https://www.eventbrite.com/e/297328095337 the departments (A Zoom link will be provided to those who pre-register) programs and services Page 297 Item#19. Next Steps Workshop Two — April • Category Review and Sorting with Staff • Category Sorting with the Public • Pyramid Development • Finalize approach to Cost-of-Service work Workshop Series Workshop Three — May/June • Review and discuss current Cost of Service • Set Tier Targets (cost recovery goals) • Develop recommendations Page 298 • • • • • • • • • • • • • • • • • • • • Item#19. Thank Page 299