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2022-05-03 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 03, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the April 19, 2022 City Council Work Session 2. Approve Minutes of the April 19, 2022 City Council Regular Meeting 3. Approve Minutes of the April 26, 2022 City Council Work Session 4. Approve Minutes of the April 26, 2022 City Council Regular Meeting 5. Mile High Pines Pedestrian Pathway Easement No. 1 6. Final Plat for Pera Place Subdivision (FP-2021-0061) by Leavitt Engineers, Located at 4600 W. Daphne St. 7. Final Order for Graycliff Estates Subdivision No. 2 (FP-2022-0005) by KB Home, Located at 684 W. Harris St. 8. Final Order for Graycliff Estates No. 3 (FP-2022-0012) by KB Home, Generally Located South of W. Harris St. and West of S. Meridian Rd. 9. Final Order for for Pura Vida Ridge Ranch Subdivision No. 1 (MFP-2022-0001) by Centurion Engineers, Generally Located South of E. Lake Hazel Rd. and East of S. Eagle Rd. 10. Findings of Facts, Conclusions of Law for Vanguard Village (H-2021-0081) by Meridian 118, LLC, Generally Located 1/4 Mile South of W. Franklin Rd. and S. Ten Mile Rd. 11. Acceptance Agreement for College of Western Idaho Display of Faculty Artwork in Initial Point Gallery in September 2022 12. Fire Department: Subrecipient/ Beneficiary Grant Agreement from Homeland State Security Program for Incident Command Trailer Technology Upgrades 13. Acceptance of Bid and Approval of Contract for Chateau Park Playground Construction to Great Western Installations, Inc. for the not-to-exceed amount of $222,697.95. 14. Resolution No. 22-2323: A Resolution Amending the Information Technology Records Retention Schedule; Authorizing the IT Department Director and City Clerk to Implement the Schedule; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 15. Civic Block Presentation by River Caddis Development 16. Finance Department: Impact Fee Study Training 17. Fire Station No. 7 & No. 8 and North Police Precinct Bid & Guaranteed Maximum Price Presentation by Engineered Structures, Inc. ADJOURNMENT 5:53 pm Item#1. Meridian City Council Work Session May 3, 2022. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, May 3, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Keith Watts, Alex Freitag, Tracy Redman, Tracy Basterrechea, Scott Colaianni and Joe Bongiorno. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will go ahead and call this meeting to order. For the record it is May 3rd, 2022, at 4:30 p.m. We will begin this afternoon's City Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We have no changes for the agenda, so I move adoption of the agenda as published. Borton: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 19, 2022 City Council Work Session 2. Approve Minutes of the April 19, 2022 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. May 3,2022 Page 2 of 28 3. Approve Minutes of the April 26, 2022 City Council Work Session 4. Approve Minutes of the April 26, 2022 City Council Regular Meeting 5. Mile High Pines Pedestrian Pathway Easement No. 1 6. Final Plat for Pera Place Subdivision (FP-2021-0061) by Leavitt Engineers, Located at 4600 W. Daphne St. 7. Final Order for Graycliff Estates Subdivision No. 2 (FP-2022-0005) by KB Home, Located at 684 W. Harris St. 8. Final Order for Graycliff Estates No. 3 (FP-2022-0012) by KB Home, Generally Located South of W. Harris St. and West of S. Meridian Rd. 9. Final Order for Pura Vida Ridge Ranch Subdivision No. 1 (MFP- 2022-0001) by Centurion Engineers, Generally Located South of E. Lake Hazel Rd. and East of S. Eagle Rd. 10. Findings of Facts, Conclusions of Law for Vanguard Village (H-2021- 0081) by Meridian 118, LLC, Generally Located 114 Mile South of W. Franklin Rd. and S. Ten Mile Rd. 11. Acceptance Agreement for College of Western Idaho Display of Faculty Artwork in Initial Point Gallery in September 2022 12. Fire Department: Subrecipient/Beneficiary Grant Agreement from Homeland State Security Program for Incident Command Trailer Technology Upgrades 13. Acceptance of Bid and Approval of Contract for Chateau Park Playground Construction to Great Western Installations, Inc. for the not-to-exceed amount of $222,697.95. 14. Resolution No. 22-2323: A Resolution Amending the Information Technology Records Retention Schedule; Authorizing the IT Department Director and City Clerk to Implement the Schedule; and Providing an Effective Date Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 5 Meridian City Council Work Session Item#1. May 3,2022 Page 3- — Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is adopted. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 15. Civic Block Presentation by River Caddis Development Simison: So, we will go right into our Department/Commissioner Reports. First up is Item 15, which is Civic Block Presentation by River Caddis Development. It looks like we might have John, Gary, Mark here to come forward. I don't know who is going to come on forward. If you wouldn't mind, whoever is going to be leading this presentation. All right. If you can state your name and address for the record, please. McGraw: John McGraw. 1038 Woodbridge Road, East Lansing, Michigan. Sindell: Mark Sindell of GGLO. 1199 Shoreline Lane, Boise. Schuberth: Gary Schuberth. 4725 Park Street, Shawnee, Kansas. Simison: So, thank you. The time is yours, gentlemen. Sindell: So, Mr. City Clerk, do we have the presentation? McGraw: All right. Sorry about the wait. Thanks so much all of you for having us. It's been a while since we have been here. We are very excited to be here again. John McGraw, River Caddis Development. The last time that we spoke we presented on a preliminary or conceptual plan based off of ideas we had as a group of what we thought that --what we thought would be a good idea for Meridian with the limited knowledge that we have and over the past few months we have been able to engage with local stakeholders, with government, with people who live here and get a better understanding of a project that is not only feasible, but complementary to downtown Meridian and so today the goal of us is to explain to you what we have done, who we have talked to, the feedback that we have gotten and, then, how we have translated that into a site plan, into a conceptual drawing and, then, after that we would love to hear your feedback. Our goal Page 6 Meridian City Council Work Session Item#1. May 3,2022 Page 4- — as a group is to collaborate, is to take what we hear and translate that into a drawing and, then, get more feedback, refine again, and keep doing that until we have a plan that works for everyone. So, today we got John McGraw, we have Mark Sindell, our landscape and placemaking expert, and, then, we have Gary Schuberth from Opus Design Built and -- who is assisting in the design portion of our project. So, I'm going to actually let the experts talk now and I will wait until we have questions and all the hypotheticals, but Mark's going to take over. So, thank you. Sindell: Thanks, John. So, thank you. I think you know us, but, as John said, it's been a while, so just briefly well rounded design team. Opus has design and build, so that smooths things out given this market and Gary representing design today. GGLO -- hopefully you know us from working in the Treasure Valley for several years and we have done enough to be dangerous in -- in Meridian, including being involved in the project across the street from this one. Our -- our main approach is place making and making sure that as cities grow rapidly, as Meridian's downtown is, that identity and culture are perpetuated, not diminish through these projects. That's a really important thing and, hopefully, the process that we are going to talk about that we have gone through on this project demonstrates how we do that and, then, we also have The Land Group, important local civil engineer, on this project, given the Hunter Lateral and work with ACHD and others. So, the project -- we all know where it is and we always want to keep in mind the distillation of the goals of the project and as we get into the details we always want to pull up and make sure that we are accomplishing this in every way possible. I think this is really important for a catalytic project like this. Also want to remind ourselves where we left off. So, this is where we left off when we first came in front of you without the benefit of all the input that we have had over the last many weeks. Timeline is always a good thing to remember. So, we are now -- and hard to believe -- spring going into summer of '22. How did that happen? Focused on predevelopment public input, which we will talk about quite a bit. Programming. Infrastructure planning. Preliminary design. And, of course, ultimately approval from you all. And as we get into fall and winter of this year we are going to get into design, documentation, permitting, all the good preconstruction services that are so critical right now. The Hunter Lateral relocation during the window of season when we can do that and, then, of course, agency coordination with ACHD and others. And, then, hopefully, if all goes well, the idea is that in 2023 and 2024 we have got building construction underway, 2nd Street construction underway, and somewhere in 2024 in there is the grand opening. Okay. All right. Let's talk about public involvement, because back to what I said before, we really do want to make sure that an important project like this that's going to have a major influence on downtown, is responsive to the needs of the community and so we did engage a process. What we have completed so far since we saw you last is a public workshop in person, an online survey, which we have the results for. That was April 7th and really focused on identity programming and preliminary layout and, then, we met with the Chamber of Commerce, did another presentation and update, and, then, we have been holding stakeholder meetings with adjacent property owners and we will continue that into the month of May, where we have another public workshop, more stakeholder meetings, as I mentioned, and, ultimately, an open house, then, in June. I won't go too deeply into this, but as part of the public process and how we started off, we really want to focus on identity and understanding, the ethos Page 7 Meridian City Council Work Session Item#1. May 3,2022 Page 5- — of Meridian, what we are doing probably will look a little different than what's -- what's been done in the past, but we wanted to very intentionally represent the identity of Meridian as a city and so part of what we did is look at attributes and livability attributes and why folks continue to live here and continue to move here and try to distill those down and, then, translate those through design. Also we have been looking at the multi-block radius, a five, a ten minute walk downtown to understand how this knits into that fabric and, then, obviously, what some of these public amenities that we are excited to work on -- 2nd Street, public plazas, how all that works together with existing infrastructure of the city and with new projects coming online, like Union 93 across Broadway. So, these were born from the public process that we brought up to try to hone in on some priorities with that and get some visual preferences. Also in the -- in the public involvement process we were showing some initial programming and initial planning to help garner some input, including these plans and the motion of 2nd Street as a festival street that could go one, two, or four blocks and, then, we also looked at visual preference for programming an urban oak space northwest corner of the site that would work as a network with 2nd Street and with the public plaza across Broadway with Union 93 and, then, of course, 2nd Street itself. So, here is the online survey and some of the things we asked and I have got a summary of this in the end that we can come back to any of this that you want to dive into. So, we asked a couple of questions to understand who is responding. So, we had about 40 respondents, roughly-- 39 technically. Most either work or live in Meridian. Less are just visitors. Most have been here for a while. Eight plus years. And, then, we asked what are -- what makes Meridian a great place to live? What words represent the identify of your town. No surprises here. Family friendly. Safe and healthy. Local business. Historic. All those things that we typically hear about Meridian. We asked what program items would you like to see as part of the public open space and -- and as far as the festival street, urban plaza, flexibility, shaded seating, festivals and events, street trees, site furnishings, all those good things and, then, we asked how far those improvements should extend. Eventually we assume this is phased. We will start with the block adjacent to us and could move forward and there is a lot of interest and support of this festival street, found that from the Chamber, found that from the public survey, so at least two blocks and in some instances four blocks was of interest. So, if we were to distill that down, what we heard through the survey from an urban plaza program is flexible urban plaza, place to grab -- if you are grabbing a sandwich or coffee, a place to sit. Speaking about seating -- shaded seating. Festival lighting. Some sort of interactive seating and, then, interactive player art element potentially. Qualities. Family friendly. Local business support. Walkable connected. Historic. Community centric. All those things that we are used to hearing. And, then, we talked about the festival street. So, this all plays into what you are going to see translated into your design and that's just one area of input. So, that was the survey for public -- the public workshop in person. There was a lot of support for the festival street and for ground floor activation. We were asked to consider height, bulk and scale, particularly in the east side of the project facing the single family homes and desire for mitigating that through open space, somehow integrating the building and the trees and landscape to soften. We have been working with a working group and -- which includes folks from a bunch of agencies and from you all and the input that we got -- especially from the working group and from the city was in front of you previously. Expand retail commercial on the ground floor, make sure that we are activating our downtown. Page 8 Meridian City Council Work Session Item#1. May 3,2022 Page 6- — Add public urban open space. It could be small, but quality is important. Provide public parking. Shift vehicle access and loading from 3rd to Broadway. And this is all based on that original plan and find ways to mitigate height, bulk, and scale again on that east side. So, these are things we really keyed on to. So, when we get to the preliminary plans, the first thing we did was a shadow study to understand how to limit any impact on the -- those homes to the east side and what we quickly learned by studying this is if we flipped the building from what you said before basically merited and had the courtyard facing east, we could step the building down by pretty much 50 percent facing those homes, which brings it to scale and really limits shadow impacts. So, from this shadow study what you can see here is that, really, the only shadow impacts are in winter when it's least important and we are in really good shape in spring, summer, and fall. So, we are pretty happy with the impactful results of that. Second thing was looking at open space. We are losing open space. How do we make sure we gain something that's better and this is an evolution. The existing open space of Centennial Park is about 20,000 square feet. Lawn. Trees. Restrooms. Other amenities. A little more urban, enter suburban. So, we thought, okay, how do we increase that and have it more representative of a downtown and more active and so we are actually getting over 72,000 square feet in total when you look at conversion of the festival street, addition of this urban open space in the northwest corner and Union 90 --the Union 93 Plaza and we think this is going to be a pretty dynamic network of open space that as folks see and get to experience it is more than just an in kind replacement, but quite an upgrade. So, this is the plan. So, you can start to see the building with the courtyard facing 3rd -- or facing east and, then, you see reimagined 2nd Street as a festival street, but there is open spaces, Compass and Unbound there, and, then, there is a pass through that goes from Broadway to Idaho for getting all that garage access and trash room access really internally hidden within the project and, then, it's diminish any disruptions and, then, you see there is no access off of 3rd per what we heard and what the -- what ACHD was asking for. A blow up of those plans. We can come back to these in more detail. And, then, this is a section of the festival street, which is intended to function as a street flush, kind of like the back blocks. Curbless, but, then, can be shut down quite easily for festival -- festivals and events. The things that we are interested in testing is cells with larger trees, given some of the feedback we heard, and seeing what other cities are doing, so we would be curious to hear some input on that. We think this could be a demonstration project. And, then, here are the renderings. Let me just show you this one on that open space or that public plaza tucked under the building for shade, with special seating and planters and trees and, then, I'm going to turn it over to Gary to walk through the building. Schuberth: So, what -- what follows here is, you know, kind of a three dimensional form of the building based on the principles and the feedback that Mark was just describing from all the workshops. We have really organized the building, both horizontally and vertical -- vertically in -- in a specific way. We have got a strong base to the building, then, a type of middle portion and, then, we have capped it off with -- crown of cap type elements at the corners of the building and we have modulated the colors and materials, both vertically, so we will see some subtle striations of materials, subtle changes in brick color, panel colors as the building goes vertically. We have also created strong corners on the building. A lot of masonry at the -- at the main intersections on those hard corners. Page 9 Meridian City Council Work Session Item#1. May 3,2022 Page , - — Here you see at Broadway and 3rd. We have a -- a white element that frames the retail store fronts at the base of the building and wraps the corner at Broadway and 3rd. Follow that around. The entrance to the apartments would be at the far left at the bottom of the page. Entrance to the apartments. Also to the right you can see the -- where we step the building back and flip that courtyard that Mark was talking about. So, to reduce the impact, you know, 50, 55 percent in the length of that building has been pushed back about 90 feet off the street. That is landscaping along the street there, both at the street level and at the -- at the deck level -- pool deck to help screen views down to the neighbors. And, again, strong masonry corner on the building. This is the entry to the apartments near 2nd and Broadway. Kind of shows the north-south access, kind of a service drive to the parking and deliveries. You can see that on the left. The apartment entry. And, again, the parking garage, we are looking at some screening elements to screen those garage openings with some decorative shin type elements. Here is the view on Broadway, kind of a head-on elevation view. This -- this really shows kind of the way we are organizing the elements around the building. Again, strong vertical corners, strong horizontal bands, and, then, paying a lot of attention to the -- to the streetscape and the scale of the building as it hits the street and the sidewalk. Walking through the floor plans. Again, kind of the -- the lower -- starting, again, at the lower right, we have got the retail building, got the entrance to the apartments at Broadway, that north-south service spine, going up to the upper left and we have got the retail plaza -- or the recessed plaza off of a retail space. Again connecting to that festival street, trying to bring that -- that activity and activation from our building to the festival street and back. Parking garage is wrapped up to the northwest -- northeast. Second level of parking -- and, again, a two story retail space. Third level of parking. The fourth level of parking we have got it wrapped at the east and the south, with the apartment units. And, then, once we get up to the fifth floor that's the pool deck and, again, that courtyard that faces to the east and kind of roughly a T-shaped floor plan. And typical floor plan. And that's the overview of the building. Sindell: And one thing to point out that is important, the hundred public parking stalls are at the ground level. There is also an expanded trash room off of that alley for COMPASS and VRT and we met with them, they were really gracious and collaborative and we think that we are addressing any of the logistical stuff that would be disrupted otherwise. So, we are feeling pretty good about that coordination. So, a hundred public parking stalls accessed. It's in a garage, it's not the same as the street, but it's pretty easy as far as garages go. So, summary, we expanded the retail commercial on the ground floor. We added the urban public open space at the northwest corner. Provided those hundred public parking stalls. Shifted the vehicle access and the loading from 3rd to Broadway. Got that loading internal to the project. And reduced the height on the east side, with the courtyard buildings stepped down, planting and landscape in additional. All right. Next steps and, then, we want to hear your feedback. So, we have another public workshop coming up. More stakeholder meetings. Chamber of Commerce. We are going to touch base with them again and, then, we will be back in front of you all in a week. So, a lot going on. And, then, we will be in front -- in front of the MDC board the next day and, then, hopefully, we have a public open house to share out and talk about timing in June and, then, of course, the all important hearing for land disposition approval for you all sometime in maybe June, probably July of '22. So, back to you. Page 10 Meridian City Council Work Session Item#1. May 3,2022 Page 8 of 28 Simison: Thank you. Council, questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. There is a couple of items from the last presentation that I have questions about, but, first, I wanted to say been really looking forward to seeing this on paper and I'm excited for this to be added to our downtown. So, we had discussed in the last hearing about making some of the units affordable and -- and whether you would be keeping everything at market rate, specifically in regard to micro units and the studios. understand that some of the downtown Boise new construction has had some challenges in leasing their micro units, so I'm wondering if you are anticipating that and what your pricing will be. When you had presented originally I think you had said you were going to start at 1,200, but hadn't identified what units that would apply to and, then, we had talked about the number of parking stalls per unit and I think you had had presented that it would be at one per unit. So, could you go over those two items for us? McGraw: Just to clarify. First question was based off our presentation there was discussion on a -- on the potential for workforce housing or-- or an affordable component. Perreault: Mr. Mayor? Simison: Council Woman Perreault. McGraw: Just clarify the question. Sorry. Perreault: I didn't get the impression that -- that that's what you were presenting. I got the impression that you were presenting there would be some affordability, not so much workforce housing. I didn't know that that -- that there was an intent to specifically make it workforce, but we did have a conversation about the affordability of the units in relation to -- in relationship to not only the Treasure Valley area, but similar projects around the country. McGraw: Understood. I guess that's why I -- clarify. So, what we are presenting on today is -- while we don't and haven't fully vetted out the unit sizes, we are -- we have a range; right? Between studios, juniors -- and that studio could be a potential micro. But we will just say studios, juniors, which is kind of an in between between the studios and micros. A one and two. That's -- that's where -- two bedroom. And so that's what we have been assuming today. Now, you mentioned a couple of things in there about pricing and I would love to give you an answer on that. We are all kind of sitting back here wondering what's going on. We are running into -- you know, I -- I get into the same thing that you are -- you can hear from everybody. But there is challenges, just widespread challenges between interest rates, the access to materials just in and of itself. Timing. All of that. So, it's hard to say are we going to run into issues. The answer is definitely. I just don't know what. I wish I did. So, our goal is to put together a really strong team and, then, Page 11 Meridian City Council Work Session Item#1. May 3,2022 Page 9- — we do the best research that we can. We have a very large team, which allows us to have more historical data from across the nation from past projects. Also gives us access to other relationships that we can access more materials and everything. So, that helps us out. This is a market rate project, mainly because of our economy. We are trying to make the project work and we believe just as strongly as we presented last time that we can make this project work. So, the second question -- what's the second question? Parking. Oh. One per unit. Yes, it is fully -- I mean not -- how we have designed this project from a philosophical standpoint, but also from metric standpoint, conforms with the CZC ordinance, which is I believe today one per -- one stall per unit. Is that -- am I saying that correctly? Sindell: We meet -- we meet code and we will be at one to one or better. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I appreciate that. I -- I wasn't sure if the design for the -- for each floor for the residential was set or if that was -- there is still a possibility that that might move around or the number of units might move around, that's why I asked about the micro and the studio. Is there any anticipation that the residents will utilize the public parking and that public park -- parking option might not be as robust with a hundred spaces? McGraw: Parking -- parking management is an issue and -- if it's surface parked or if it's a structure. The structure especially. If there is a parking -- a public parking component, yes, there is a management challenge. So, all of our projects we have to manage that and part of that will be making sure that residents don't have additional cars that they are just storing or they are not being parked overnight. We haven't fully set the rules, but we will have someone on staff on site to cover that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Just wanted to give some feedback. I'm very encouraged by the new design. I think it's going to be a great fit for Meridian. I understand there are some twists and turns and there will no doubt be more along the way, but I -- I do really like the design and I guess I like how thoughtful you were about flipping where the courtyard faces, the shadow study. I can tell you are putting a lot of thought as you are getting the community feedback and I just wanted to say I so appreciate that. I think that's really important to help this fit and -- and so I just wanted to give that feedback so far. I think this is tracking well from my perspective. Thanks. McGraw: Thank you. Page 12 Meridian City Council Work Session Item#1. May 3,2022 Page ——— Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: John, Mark and Gary -- right? Appreciate the presentation and I also wanted to -- maybe on the -- the public engagement side I think -- hearing from our citizens, working with the Chamber, helps me get a good sense as kind of what's on our community's hearts and minds. A couple things I just -- I want to touch on that I really appreciated your focus on the -- on the public parking side. The building orientation and something, Mark, I think you talked about, which is about helping to create some good identity for downtown Meridian and I appreciate that. A couple of questions, though, for you and -- and if-- maybe it's easier if you want to pull up Slide 33, because this is where I did have a little bit of a -- of a head scratcher. I think -- you are right there. Yep. Right there. So, John -- or, Mark, I think in your presentation you talked a little bit about -- we have got 19,638 square feet of open space right now currently in Centennial Park and I don't want to put words in your mouth. You made it sound like that with this proposed concept that we are gaining 72,400 square feet and I notice you are -- you are taking 26,600 square feet of the --the festival street -- not quite sure I wrap my head around that that's necessarily open space, but, then, I also looked and I see this, you know, Union 93 project with 44,000 square feet and that's -- that's separate from -- from this project and, really, then, we -- what we are left with is -- is 1,800 square feet and I guess I just want to give you a chance -- I know you are certainly not saying that we really are gaining 72,000 square feet from this project, we are -- we are really losing a lot, but I guess I wanted to give you a chance to maybe clarify on that before I had a couple other questions for you. Sindell: Yeah. It's -- it's certainly not an apples to apples; right? So, we are trying to activate downtown. We are building out the block. We have this strong presence and all those things. And so certainly we are not replacing 20,000 square feet of lawn and trees -- open space 20,000 square feet of lawn and trees and open space. This is a conversion to a nuanced, more urban situation. So, you know, right or wrong, we are thinking that when you look at that, if we can look at how we work with all these pieces together and we think -- and, of course, we are bias. I got to design it, but the -- the urban open space for Union 93 has not been significant and we tried really hard to think about both of these blocks and how we conceded that. If you combine that with the festival street and what we are doing with that urban plaza in that linear piece that comes through, collectively we think that that's a pretty strong, active urban programmed open space that will be high quality. So, it's very different than what's there now. Of course, this -- development of this site and what's across the street downtown is very different. It's been -- what's there now. So, by no means are we saying that it's apples and apples. It's a very different thing and -- and, obviously, the street, when it's shut down for events on weekends and for seasonal events, it's going to feel like a big plaza, but, of course, during the day, 9:00 to 5.00, if it remains open for business hours, it's a street. So, yeah, your--your observation is absolutely correct. So, we think it's a really nice evolution of a nuanced and integrated multi-block approach to creating a vibrant downtown. But it's -- it's -- it's a jump mentally, right, from what you have there now. Page 13 Meridian City Council Work Session Item#1. May 3,2022 Page 11 of— Cavener: Mr. Mayor, a couple follow up if I may. Simison: Councilman Cavener. Cavener: Mark or whoever, can you pull up maybe -- I think it's Slide No. 18 that kind of shows our vicinity and the kind of services that are in or around I think within a quarter mile. Sindell: Bear with me, I think -- Cavener: I'm having -- moving you all over the presentation. I -- Sindell: That's great. That's the intent. Cavener: Right there. Sindell: I'm sorry. Cavener: That's okay. Sindell: So, this one or this one? Cavener: That one right there. Sindell: Okay. Cavener: Because when -- when I saw this slide I was a little concerned, because what I noticed there is number four you have identified as public space and unless I'm incorrect, which is often the case, I think that is, you know, gym space or outdoor field space that's owned by a private school, it's not available to the public. Our citizens can't choose to recreate on that and so I don't know if that was just a -- a typo or if maybe you know something more that we don't about that being public space available to the public. Sindell: I certainly don't know more than you do, so we will go with what you are saying. Cavener: So, I guess that kind of brings me back to what my concern is and I guess I would be curious, because you did such a good job of engaging the public, the way that I look at this right now is that our -- our downtown residents currently have 20,000 square feet of -- of outdoor usable recreation space that allows for volleyball, there is an interactive play structure, we have restrooms there, community theater performs there. It's used. And what I'm seeing now is really 1,800 square feet and I understand that for your intent you are classifying the -- the festival street as part of that. We may have to agree to disagree on that. I struggle, though, also, then, with grouping in the -- the Union 93 as part of the open space and I guess the crux of all of this -- and this is where I'm -- I'm a little challenged on this project -- is I'm going to have a really hard time looking at our downtown residents who enjoy that park space and tell them that they are getting a Page 14 Meridian City Council Work Session Item#1. May 3,2022 Page 12 of— win out of this. So, as one who has engaged the public, help me understand how our downtown residents are going to win by this project. Sindell: Yeah. Well, there is no doubt that if you are putting an activating building on most of the site with housing and retail, that you are -- you are replacing at an open space in your downtown; right? I mean there is no way around it. That's exactly what's happening. So, it's a trade off. And so I wouldn't want to go to someone and say if you like a more pastoral park like open space that this is going to make you happy, no, it's an active urban building unit downtown. So, yeah, it's -- it's an evolution into something different for sure. You can't -- the city is big enough to have both I guess, but-- yeah. So, that's where I -- I think if I was in your shoes I would feel confident saying that when you look at the site now and you look at that open space and what you have and when you look at the -- what the sites offer you and the streets and, then, you fast forward to what you are getting, that as far as vibrant urban downtown that has walkability, livability, access to a mix of urban open spaces, this is --this is pretty darn good when you compare it to some similar examples that are pretty successful. But it's certainly a densification overall, no doubt about it. Cavener: Mr. Mayor, if I may. Simison: Councilman Cavener. Cavener: I don't disagree with you on -- on the density piece and I think that, if anything, creates more opportunity. I recognize that I kind of asked a hard question and I didn't quite expect you to give me an answer, but I -- I have talked to some residents in downtown and -- and I will just -- I will share with you a comment that I heard over the weekend that has really resonated with me, which is that Meridian downtown residents are losing their park, so that apartments with a pool and the hot tub can be built and I think our downtown residents deserve better than that. I know that you want to do better than that and so, please, don't have this be a shooting the messenger, it's just that it puts me in a hard spot when I talk to our downtown residents about what they want and they feel like that maybe they are not getting what they have had, that they are losing in this and I don't want our downtown residents to lose from this project, I want our downtown residents to win. So, just food for thought when you come back to us that's the mindset I'm going to be doing is looking at it from our downtown residents and trying to understand how they are going to win from this project. Sindell: Appreciate that. Simison: Council, any additional questions? Councilman Hoaglun. Hoaglun: Mr. Mayor. And it's -- it's not a question, it's just -- just appreciate the effort that's gone forth by -- by this team. I have been privileged to be part of the meetings that we have every other week early morning and discussing the project, discussing the challenges and how they are going about things here and --and they are --they are doing an excellent job, they have -- they have listened to a lot of people. They have made Page 15 Meridian City Council Work Session Item#1. May 3,2022 Page ——— design changes. More details will come and I asked them -- I said, you know, keep it high level, because there is -- you can't have the whole project here. We don't know all the details yet and that's still moving forward, but the changes for the entrance and exit for Idaho and Broadway I think takes pressure off 3rd Street, listening to the --to the residents there. Councilman Cavener, he is our Council consciousness on that part and I think that's incumbent upon the city that -- to be looking for open space downtown and how we find that and how our Parks Department can help mitigate that to some degree, because we are doing something different. It is going to an urban setting and we are losing open space. So, what do we do and how do we do that and what does that look like, because I think that is something that is our responsibility. So, I appreciate the effort that the River Caddis and their team has put forth and I think I -- I know I'm excited about it and there is going to be more challenges ahead. There is always things -- there are issues that come up and we will -- we will just keep plowing ahead and we will get them resolved, so -- and will just keep moving forward. Thank you, guys. Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: Just one more question. I'm curious about the response from the last workshop and there was about 40 you said. What's been your efforts to bring folks in and -- and do you anticipate about the same amount of people in the next workshop? Would like to see more if possible, given the importance of the project. Sindell: Yeah. I think we had this survey, which was 40 respondents. I think the workshop we probably had probably 20 or so. So, we are with you. It's always -- you know, we were -- we got a fair amount of this over the last couple years. We are pretty satisfied that there was enough of a sampling, but we always want more, as I said. So, what we did this time is we really noticed it in advance. The first one we were just starting everything and so we gave the notice and met all the requirements, but this one we actually sent out a couple of weeks in advance to try to get a bigger testing area and, then, we also think that by meeting with the stakeholders, having the first one, meeting with the Chamber, that we got the word out a lot more. So, hopefully, to your point to get a bigger response and get to build on what we have so far. That will be important on this one, because we showed a lot of the diagram stuff and, then, incorporated the feedback into what we did, but now we have got real stuff to show for folks to understand, so we think it will -- it will speed up ability to digest and put input -- give input. So, if you have any other ideas for getting the word out let us know, but we think between the Chamber, noticing it a little bit more and being a little bit more mystery in the process, you know, if you get a bigger turnout. The weather is getting nicer I think. I can't judge by the last couple days, but that should help, too. Simison: All right. Well, thank you very much. Appreciate your presentation and update and look forward to working with you on this project. Sindell: Thank you. Page 16 Meridian City Council Work Session Item#1. May 3,2022 Page —of— 16. Finance Department: Impact Fee Study Training Simison: So, with that we will move on to Item 16, our Finance Department impact fee study training. Turn this over to Mr. Lavoie. Lavoie: Thank you, Mayor, Members of the Council. Again we appreciate the opportunity to present to you the Impact Fee 101 presentation. We have our consultant, who we engaged with to assist the City of Meridian to facilitate our impact fee study, which we do about every four to five years. The last time we presented to you and the citizens an impact fee study was in 2018. So, this is a timely report for us to begin the impact fee study. We are going to have Dwayne Guthrie, our consultant, jump online here and lead the presentation. The goal of this presentation is to give you a general understanding of what the impact fees -- I guess the state statutes represent and what Dwayne will be conducting with the City of Meridian over the next four months. Again, Dwayne will be working with the impact fee advisory committee. I will be administering the meetings between our consultant Dwayne and the Impact Fee Advisory Committee individuals and through the next three to four months we will be working together to develop an impact fee study to present to you and the Council -- I mean to you and the citizens for acceptance. So, at this time I would like to introduce you to Dwayne Guthrie. He is our consultant. He actually put together our last study in 2018. Some of you might remember him. But with that I will hand it over to Dwayne. Again, I will be here for any questions. Dwayne, it's all yours. Guthrie: Good afternoon, Council. Just want to check. Are you hearing me okay? Simison: Yes, sir. Guthrie: Okay. And are you seeing my screen that says City of Meridian slides? Simison: Yes, we are. Guthrie: Perfect. Okay. Well, this is what we are going to go over. We are going to go through a quick presentation. I don't want to just talk the whole time, I would like it to be more of a dialogue, so I'm going to go through some -- kind of up slides right up front and talk about the revenue, strategies, financial monetary aspects of what we will be doing and kind of get your attention that way, because most everybody's always interested in those kind of tough decisions. Then we will go into more of the Impact Fee 101 background information on the impact fee just to make sure everybody is kind of on the same page, because some of you might be new to the process and it's also -- we have new staff and new committee members and things like that. So, we will go over those and touch on legal requirements, but, hopefully, we can get through this in about 30 minutes, but we want to have plenty of dialogue. So, talk -- ask questions as we go. So, what we are kind of wrestling with is just like we all acknowledge that we have on-site cost for building materials, labor, and things like that. We also have off-site costs to -- to provide infrastructure necessary to accommodate new development. So, that's a real cost and we have to figure out how we are going to pay for it. So, basically, we can kind Page 17 Meridian City Council Work Session Item#1. May 3,2022 Page —of 28 of walk through this decision tree to kind of give you an idea of how we are going to fund growth or pay for the cost of growth. So, now I'm going down the -- this action towards the left side of my diagram. Impact fees are a common solution. You already have them. This is just an update. So, you are already -- the builders and the developers and staff are already familiar with the process, but it is basically something that you can say we are just going to, you know, basically try to adopt the maximum support and if you go down that path it's more of the kind of philosophical kind of label that gets put on that and saying growth pays it's way. That's not necessarily the best tested track or the -- the appropriate track for the time and that's what we got, why you guys are faced with the decisions on this process. So, we can also, you know, think about, well, what are our other options. So, you can adopt impact fees that are less than the maximum amount and if you do that, basically, you know, two options, you can somehow say our levels of service are fine now, we are going to accept the way they are and we are going to use our delay on the use project or perhaps we are going to go with lower cost factors to kind of reduce our costs and cut -- make our fees a little less. So, there are some options down that path. Or you could say let's maintain our current level of service and basically pay for that growth from some other way. So, that would be -- Strader: Mr. Mayor? Guthrie: -- basically saying you are going to subsidize. It's kind of a valuating term, but that's basically saying you are going to accommodate growth by either finding some other revenues for us. So, we are not doing impact fees for water and sewer. So, utilities rates aren't really an option. So, in your case we are doing public safety, police, and fire and parks, so, basically, looking at general fund types of options if we don't want to adopt the maximum fees and we want to maintain our existing levels of service. So, that would mean you have to find, you know, bonds or -- Simison: Mr. Guthrie? Guthrie: -- pay for those out of sales tax or property tax or those kind of things. So, that's kind of the basic decisions. Any questions on those before I move on? Simison: Yeah. Mr. Guthrie. Council Woman Strader. Strader: Thank you, Mr. Mayor. I apologize, Mr. Guthrie, I didn't want to get you off track. I was hoping maybe Todd could just -- or -- or you, Mr. Mayor, or whoever -- whoever put this item on the agenda, could just level set us as to the purpose of this on the agenda. Is it to educate Council about impact fees? Is it because we feel there is a specific issue coming that we need to be aware of? Help me understand where this is coming from, the purpose of it. Simison: Mr. Lavoie. Lavoie: Mr. Mayor, Council Woman Strader, to answer -- great question. This is Impact Fee 101, opportunity to inform you, Council, and anybody watching, part of our impact Page 18 Meridian City Council Work Session Item#1. May 3,2022 Page 16 of— fees study on --when we do this every four years is to, phase one, educate our individuals who are going to be presenting this impact study to. So, this is our very first step in the process is, hey, this is impact fees, this is what it is, this is 101, please let us know. You will be hearing more and more and more about impact fees over the next four months from myself or the impact fee committee, but this is high level. This is what impact fees are. This is what we do every four years. So, informational purposes only. No decision at this time. Just trying to educate and inform anybody who wishes to learn more about impact fees. Thank you. Simison: There will be a decision at some point in time. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Totally. Just for some feedback. I mean I -- I love the information and having the educational sessions. I also want our time to be as effective as possible and I think if we feel that the Council has been on Council long enough and we get grounded in the background, perhaps these types of things could become an appendix. Just some feedback, you know, going forward. You know, just because we have so little time and I would just like to be level set personally in the purpose of each of the agenda items. So, that helps me as I'm listening to keep in mind are we making a decision at the end of this? Is this really because we are doing an impact fee study and this is a heads up, get your mind in impact fee mode or kind of what the purpose is. Thanks. Guthrie: So, one big picture to clarify. It's about a three month process. So, over the course of the summer we will be doing our work and coming back to you. So, you will be hearing from us soon. But it -- that's, basically, just the start of the process and it is required by state law that you do periodic updates. You can't just adopt the fees and, then, you know, sit down on them for 20 years. You have to keep them up to date. So, there are, you know, different funding options that we talked about and there is, unfortunately, some conflicting or competing interests that we would like it -- there to be a nice strong connection -- rational nexus or connection between the people creating the demand for service and those paying the fees. So, you know, think of special assessments, you could get -- do a special assessment just to improve -- pave the dirt road to give paved access to property owners along that-- that area. So, you know, that's a direct connection. Obviously, those benefiting or are paying the amount. Unfortunately, as we think about what happens with our different funding options, is that -- if you look at it from this perspective on the right side of the diagram, that means that you have a very small revenue base trying to pay those costs. So, politically, what happens we tend to kind of push things through a broader revenue base to make it easier and spread the pain out over more folks. So, that's, you know, kind of like trying to find the right balance here between impact fees, which are, you know, nice tight connection between new development and the amount that they are asked to pay versus realization that, basically, you have already got 80 or 90 percent of the folks that are in Meridian are the same people that are going to be here, you know, five or ten years out. So, what we add every Page 19 Meridian City Council Work Session Item#1. May 3,2022 Page ,, —— year to that base is relatively small and those are folks paying the impact fees. So, I'm -- I appreciate what you were saying about wanting to maximize your time. So, I think will speed it up a little bit. So, here is the kind of like boilerplate answers for why communities do impact fees. Since you already have them you have wrestled with this already. But it -- you know, basically, it's a way to maintain your level of service for residents and businesses. It helps to minimize the need for broad based revenues, which are hard to come up with. Current residents don't want to subsidize growth and it provides a predictable funding system shared by all new development. So, every -- all developers get to kind of put the mouse in their performance, figure out and make sure the numbers work and they are, you know, not being caught by surprise as to what the expected cost is going to be. So, here on the bottom right are the way the fees are set up today. So, some of the input we will be asking for. For example, we do fees now by size of the unit. So, we will be asking, you know, do we need to fine tune some of these size thresholds or consolidate them or expand the range. Those are the kind of things that we will be looking at this time around and we are always, you know, realizing that impact fees do add to the cost of housing. In your case it's probably relatively minor, probably more like one to two percent of the cost of the unit. But in a healthy market just wanted to kind of remind everybody it's not usually or normally the developers that are paying the impact fees, those are passed on to the end users, the people that either buy the units or rent or the businesses that move into those properties. So, in a healthy market it's usually not the developers, it's passed through the --to the end users. Any questions on those before we go on? Simison: No questions yet. Guthrie: Okay. So, here is kind of the fundamentals. I'm going to go through these fast. So, impact fees fund the growth share of public facilities needed to serve the development. It is a one time fee, it's not an ongoing -- like a utility user charge would be. It's just one time right up front connected to the building permit activity and it can't be used for any operations, maintenance, or replacement costs. So, like when it comes to police, you know, 90 something percent of their budget is operating costs and very small part is actual growth related capital and you will see that as we go through the fee update that the police impact fee are the relatively -- the smallest of the three that you are currently adopt -- imposing. Here is the basic method and what we have to always consider when we do impact fees is also the idea of credits or avoiding any kind of potential double payment. So, we can -- when we actually do the cost side we can consider what you have already done in the community that might be oversized or you are paying off debt on those kind of things. We call that a cost recovery component. Most of the fees will document our current level of service. More of a snapshot kind of approach and that's what we call the incremental expansion method. We are saying here is the increment that, you know, so many acres of park land or so many square feet of building. Those are standards and want to maintain those standards over time. And, then, we could have a plan based method where we just identify projects and, then, we allocate the cost to existing and new development and -- and do the fees that way and we can mix and match the methods for these particular type of impact fee. It doesn't have to be all the same methods for every type of infrastructure or even within a type of infrastructure Page 20 Meridian City Council Work Session Item#1. May 3,2022 Page ——— you could have a cost recovery component and a plan based component. Those are all possibilities. So, the math is real simple. It's just basic algebra and what we -- our charge is kind of document all the numbers, so people can actually take out their calculator and multiply the numbers and -- and see exactly how the fees come up with. That's a requirement. State law. You have to basically show your work and so -- but the three general steps are figuring out the number of the man units, the service units per unit. So, in the case of a park fee that would be persons per house and, then, we have level of service standards, things like acres per thousand people. Square feet of recreation building per person, that type of thing. And, then, we have a cost factor. So, those are the things we are going to be asking staff to help us update and especially the cost factors are a big deal now because of inflation. Your -- your costs have risen dramatically over the last few years. So, here are some of the legal requirements. People will say the impact fees are a tax, but legally they are not. It's a fee for service, almost like a contractual kind of a concept where the city is taking the money and basically promising to provide the -- the capital improvements that are identified in the capital facilities plan. So, it is a fee. It's based on your police power and there are three key legal requirements. You have to be able to show that there is a need for the infrastructure, that new development is going to benefit from the fees that they are paying, and we have to make sure that the fees are proportionate. So, that's one of the reasons, for instance, we are doing the residential fees by house size, because you have fewer people per unit and they are really small units, like a studio or a one bedroom unit and, then, the larger units, you know, on average have more people. So, I will talk a little bit about the specifics of the Idaho Development Impact Act in just a few minutes. Here is the -- the possible types of infrastructure that you can include. The ones that we are doing are parks, police, and fire. People have asked about schools. They are really not authorized in Idaho at the moment and one of the other important distinctions in Idaho is you have to have a useful life of ten years or more. So, that's really important for police, because their patrol cars turn over or get worn out very quickly. They usually don't meet that useful life requirement of ten years and so for police it's really doing just impact fees for building. Here is the -- kind of the process that we are going to be going through. We are going to establish an advisory committee. That's a requirement in Idaho. We have to look at our -- our -- actually document our land use assumptions, what we are expecting to happen over the next five to ten years. It has to be adopted by ordinance and we have to set up implement -- and we have implementation requirements, like in the report and, then, expenditure of time frame limits. Again, you can't just collect the money and sit on it, you have to spend the dollar -- the dollars within a certain amount of time and make sure new development benefits. Here is a couple more requirements in Idaho. You have to have actual costs or reasonable estimates, which is a little hard to do these days with the cost changing so quickly. But we will definitely look at those. We have to have the same standards for existing and new development. That's a requirement in Idaho. Not every state requires that. We have to consider service areas. I think there is a relatively small geographic area, compact, so we will probably just continue to have citywide impact fees and, then, we have to have a reasonable fair formula to show what -- how the fee is proportionate and we also have to have some variation in not only residential and nonresidential within a breakdown on the nonresidential that says, you know, we have commercial fees and, then, in your case it's everything else. So, agricultural, industrial, office, all those other Page 21 Meridian City Council Work Session Item#1. May 3,2022 Page 19 of— categories that are types of different types of land use, excuse me, are lumped together. As far as the process, we will have several work sessions, and meetings with the advisory committee to gain their input along the way. You have to actually adopt the capital improvements plan and in your case you call it a capital facilities plan and, then, your code and your state law requires an update at least every five years. We are actually a little ahead of schedule here, but I think part of the reason is that your development has been -- or happening quickly -- more quickly than we expected and also costs have been going up. So, last couple slides. Idaho Capital Improvements Plan, like I said, we are documenting our land use assumptions, updating the demographics as -- like service units, people per housing unit, that type of thing. We will have to, you know, basically go through all these other requirements that are in the state law and talk about -- basically come up with a financially feasible funding plan. So, we will identify what impact fees are going to pay for and if we have to have all the revenues we will also be able to make sure we can come up with those things. Strader: Mr. Mayor? Guthrie: And, then, what do we expect from -- Simison: Mr. Guthrie, one second -- Guthrie: -- public -- Simison: Mr. Guthrie, one second. Guthrie: Sure. Simison: Council Woman Strader. Strader: Thank you. I think you wanted to be interactive. Guthrie: Sure. Strader: So, I just have a quick question. If this would include the possible -- the possibility of future impact fees for Public Works and studying those. I think that might be a question for Director McVey. Simison: Mr. Lavoie, I will let you take that one. Lavoie: Mayor, Council Woman Strader, this particular study will only be focusing on parks, fire, and police. If there is any future discussions on expanding impact fees in the City of Meridian to other utilities, your example for Public Works, I think that's a different discussion we are happy to have with you at a different time, but this particular study for this one is parks, fire, and police only. Page 22 Meridian City Council Work Session Item#1. May 3,2022 Page 20—— Strader: Yeah. I was just asking the question -- economies of scale; right? So, if we are studying all these other impact fees, if we want to fold those into -- it's only because I had a recent conversation about that, but thank you. Guthrie: Well, back on this slide, the -- the bullet points over here on -- show the possibilities. So, water, wastewater, roads and stormwater, those might fall under that Public Works umbrella. We are doing the ones at the bottom. Just so you will know. So, basically, this is a collaborative process. Where we are trying to get everyone to agree that we have these costs. We are trying to figure out how to pay for those costs. So, it's a process of identifying and prioritizing improvements. We will try to, you know, basically give you a heads up on planned improvements over the next five years. We want to be realistic about our costs and -- and allocating that cost and between new -- existing development and new development and, then, making sure that the fees are tailored to, you know, things that are specific and important to Meridian. So, that's -- all that is where you guys become involved and the advisory committee and general public will be given the opportunities for everyone to participate along the way. So, it's a matter of building consensus, trying to engage everyone, having additional work sessions with you guys, making sure the management team and department heads and the staff are all working together, because there is -- you know, it is a part -- a process where we don't want it to come across like a zero sum -- sum game where one department is winning, another is losing, that type of thing. We also want to monitor the cumulative fees and make sure that -- because when it comes time to approve them, usually the elected officials are very concerned about how Meridian compares to your neighbors or other communities that you might want to, you know, compare yourselves to. So, we will be asking you guys to identify specific communities that you would like to know the fees on and we will do some comparison tables, so you will have those. So, here is the supporting documentation. This is, you know, my job to basically make sure that everything is legally defensible and we go through all the steps that is required by the state law and, then, basically, for the departments we are asking everybody to -- basically to provide this type of information about infrastructure they currently have. We have to measure things, make it quantitative, and, then, big fact -- big process of trying to figure out the current cost for service unit or for infrastructure unit and, then, identifying the planned improvements over the next five to ten years. So, that's the main focus from the department. So, that's, basically, the overview. Be glad to go back to any slide that you want and answer any additional questions. Simison: Thank you, Mr. Guthrie. Council, any questions for Mr. Guthrie, for Todd? Or anybody else at this time? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for either Todd or Mr. Guthrie. Since we have last completed a -- an impact fee study, the city has added a couple of assets in the golf course and -- or a park. We are managing the pool. How does the addition of those that weren't -- we didn't pay Page 23 Meridian City Council Work Session Item#1. May 3,2022 Page 21 —— for impact fees to, obviously, develop them, we absorbed them. How does that impact -- impact our impact fees moving forward for parks? Guthrie: Yeah. We will -- we will evaluate that this time around, look at the possibility of adding other cost components, making sure that, you know, that -- figure out the bigger cost picture of those kind of things and whether they are enterprise operations or not, like on a golf course a lot of times all of those are paid for by fees and that type of thing. So, that's all part of the update process. So, we will be going through that and talking to staff and trying to give you guys a -- a good recommendation on those new facilities. Simison: Council, anything else? All right. Thank you, Mr. Guthrie. Thank you, Todd. Appreciate the update. We look forward to much more conversation in the coming months. Guthrie: Thank you. Simison: Okay. Then we will go ahead and try to move on to Item 17, which was -- Borton: Mr. Mayor? I apologize. Simison: Councilman Borton. Borton: A question came up that I forgot. And if you said it I forgot that, too. What's the -- what's the ballpark timeline, like working backwards, everything goes smooth before the Council. Is the new impact fees based on the new study in the month of blank. Lavoie: Mr. Mayor, Mr. Borton, we are shooting for three to four months, so that would put -- we are in May now, so that puts us in September. Borton: Perfect. All right. Thank you. 17. Fire Station No. 7 & No. 8 and North Police Precinct Bid & Guaranteed Maximum Price Presentation by Engineered Structures, Inc. Simison: So, Item 17, Fire Station No. 7 and 8 and North Precinct bid and guaranteed maximum price presentation by ESI and it looks like the chief is the one who is going to join us. Which is different than was on paper, but -- Basterrechea: I will start. Simison: Quite all right. Basterrechea: Hopefully you have the numbers there before you, but after going through the bid packages and doing -- you don't have the numbers? No. That's okay. So, after going through our bid packages and, then, doing the value engineering, we have -- we have come back with pretty high overages, obviously outside of what we had initially Page 24 Meridian City Council Work Session Item#1. May 3,2022 Page 22 of— looked at for the facilities that were approved in FY-2022. So, basically, at the end of tonight's discussion we are looking -- looking for some direction on -- on where you would like us to go from here. It's important that we have a direction, because these bids expire on May 19th. We are on a very short timeline. There is some discussion -- one thing I will point out as far as the north precinct, you will notice that our numbers are slightly higher than Fire's original budget number. That's because our design fees were actually in this budget and Fire's were separated out of this at that time. So, with that I will stand for any questions or I can turn it over to ESI. Simison: Council, would you like to hear from ESI with more details? Basterrechea: I probably don't have the answers you want, so -- Bernt: I don't think your boss likes you very much. Martz: Comes with the job. Mr. Mayor, Council Members, thank you for having us again. Here to field any questions you may have on the bid results. Perreault: Mr. Mayor? Simison: Council Woman Strader. Strader: I have a few, if I can ask them. Thank you. So, let's assume -- let's just assume that we did move forward if we were to do that. How is the GMP structured? What's your contingency that's built into that? Is there any chance of a cost overrun. In this inflationary environment have you built that into your own bid? I just want to make sure, because it feels like, understandably in this environment, it's been kind of a moving target. Martz: Yeah. Excellent question. So, obviously, we are in an unprecedented time of inflation. Working with the city throughout the last couple weeks, you know, we typically carry a construction contingency in these projects. Typically ownership carries an owner contingency as well. We have adjusted those contingencies to help protect this project against any possible future escalation impacts that occur. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, to get more specific, so I would like to know what the owner's contingency -- contingency are and I also would like to understand what percentage of the costs you expect to buy out at different times. Like what percentage of hard costs you expect to have bought out within six months, for example. I just want to understand if you are trying to lock those costs in and how you -- where you are at with those discussions. Martz: So, I can speak to the construction contingency side. We are just over three percent of the construction costs for contingency. As far as procurement of Page 25 Meridian City Council Work Session Item#1. May 3,2022 Page 23 of— subcontractors and materials, the beauty of the bid packet process is that we have already written their scope exhibits. So, as soon as we are provided a notice to proceed we can, then, go forward in getting our subcontractors -- subcontractors a notice to proceed as well to start getting them signed up, as well as releasing them to procure materials early and, then, working with them on storage of said materials, getting the project going to avoid any future escalation impacts to them. Strader: Just to understand, is that three percent of total cost or three percent of hard cost or -- Martz: So, of the -- of the GMP value -- and -- and we can follow up with a more exact number. It's just over three percent. Strader: Of the total cost? Martz: Of the ESI GMP line item, the 20,622,000. Strader: Got it. Okay. I'm just reflecting, because it -- that does feel like a very small number to me than I would expect. What time frame do you expect to happen from the time that this contract is executed and you are -- let's say 75 percent of your costs are bought out with your subs, how long will that be? Martz: I will ask Ben to come up. Belt: Yeah. Good afternoon. I'm Ben Belt, ESI. To answer your question, payment terms are in the contract that we have executed. The process is generally as work gets completed we submit a bill on about the end of the month and, then, the -- the city pays 30 days later, in which case we pay our subs. Strader: Sorry. And it's just been a while since we have talked about that contract, so help me just understand -- so was that contract not fully executed or are you within a time frame within that contract for the cost to be adjusted? Help me understand how contractually we are having this conversation. Belt: Yeah. So, the general terms of the contract are already executed and now this would be an amendment to the contract that brings in the construction cost and the GMP. Strader: So, we didn't have those specified previously, it was a general contract with -- you were going through the bidding process with your subs, now you're locking in the cost exactly. Martz: That's right. Strader: Okay. That's helpful. Simison: Council, additional questions for ESI? Councilman Borton. Page 26 Meridian City Council Work Session Item#1. May 3,2022 Page—of— Borton: So, describe the delta between Station 7 and 8, 700,000 dollar difference. Martz: So, Station 7 is located on the south site, due to the fact that we proceeded with just a fire station standalone on that site. They are incurring additional costs of having to work on and develop that site. Really, the big difference is the shared costs that you're seeing distributed between eight and north precinct. So, that's all the utility costs, the development costs, so we are having to landscape the other half of the site on the south site and, then, a few other shared costs, like trash enclosure, generators, generator enclosure. Borton: I don't get it necessarily. I apologize. Martz: So -- so, the site development -- Borton: I get it, but -- but that's 700,000 dollars? Martz: Yeah. That's the way it's shaking out is -- there is a large portion of that site that has to be developed and when I say developed I mean not left as a dirt lot for weeds to grow on and so we are having to landscape that out, put in irrigation and develop that as well. Belt: So, paving, utilities, everything that goes along with building in a green field. Right. Borton: So, the north precinct cost would have been 700,000 dollars higher, but it's -- than it otherwise would be? Belt: Yeah. So, it's sharing those costs with the Fire Station 8. The site development portion. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, none of that -- none of the difference is the buildings itself. Martz: The buildings themselves are designed the exact same. Borton: Another question from your comment about value engineering. Martz: Uh-huh. Borton: Can you share with us what the figures were most recently -- the dollar figure that was reduced by value engineering and, then, specifically what was changed in each building to create that savings? Page 27 Meridian City Council Work Session Item#1. May 3,2022 Page——28 Martz: Yep. So, for the recent effort and working through post-bid efforts we were able to bring out about 209,000 dollars worth of VIE opportunity and when I say VIE I don't mean scope of production. It's purely analyzing what can we do to change alternative products, you know, looking at building systems, what's there, is it needed, what's an alternative system to that. Specifically metal panel systems, roofing systems, you know, alternative manufacturers for different specialties, wall coverings, painting, manufacturers, really trying to keep the quality of the facility the same, but identify other opportunities to save cost by simply opening the spec up. Borton: So, would you -- you would be able to produce -- I mean this is a summary spreadsheet, but last time if you were here we saw the full bid package. It had four or five blanks. You were waiting for -- or missing bids. Martz: Correct. Borton: You would be able to show that with the full complete bids with everybody -- Martz: Uh-huh. Borton: -- and, then, show the updated one that's 209,000 dollars less? Is that 209 spread amongst all three -- Martz: That is correct. Yeah. Between Fire Station 7, 8 and the police precinct and with that we are still, obviously, working through that process with the trade partners, trying to identify areas that we can incur cost savings without reducing quality or scope. Borton: How much -- how much per each of the three? How was that 209 allocated? Martz: I don't know that off the top of my head. I apologize. But we can certainly follow up with that information. Borton: Part of the concern amongst cost is trying to avoid value engineering if it degrades the quality of what ultimately we want. We don't want to cut anything short that's necessary for these projects to be successful and -- Martz: Agree. Yeah. That's -- that was our intent going into it and just being open and honest with the project team as we were trying to share the information of those options and we are going to continue, like I said, moving forward. We are trying to find additional areas of opportunities. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: What -- how long ago did you guys find out about these cost overages? Within a couple of days. A couple weeks? When did you know? Page 28 Meridian City Council Work Session Item#1. May 3,2022 Page——— Martz: So, day of bid for each -- we split the project into two different bids. First half of the bid was on May 19th -- or sorry. Not May 19th. March 21 st. And second bid was April 19th. Or sorry. Yeah. April 19th. Cavener: March 21 st and April 19th? Martz: Right. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Not a question for you, but for somebody. I just -- I'm curious as to why we are just now learning about this now. And that's not necessarily a question that you will be able to answer, but it's one that I -- I would like to know if-- I have been hearing for a while rumors about things being -- costing more than what we thought and I got to admit I'm a little frustrated that we are now being presented this with a very short timeline to make a decision. Again, not anything you guys caused, but I'm hoping someone will be able to give me an answer as to why it took so long for us to be informed of this. Simison: Part of it was presented -- that March information was presented to Council. So, it's really the stuff that came in on April 19th for the police station and the ones that were not -- that we did not receive bids for. Freitag: So, Mr. Mayor, Members of Council, the information regarding the cost overages were presented at the very next available opportunity after the bids were opened. So, there wasn't a lot of time that really transpired between those two events, to answer that question. Maybe just to clarify one other point, too. On your question, Councilman Borton, there are some additional costs with Station 7. We have a development agreement with Brighton for a collector road, which was 135,000 dollars. There is some fiber and foam fees associated with that structure as well, which add to that 700,000 dollar difference there, just to kind of clarify that. So, it adds to that delta between what Station 7 and Station 8 are costing. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: All right. I never -- I don't think I recall hearing that, collector road contribution of 135,000. Freitag: We have a development agreement with Brighton Corporation. There is a road -- maybe I will let Stacy clarify. She's -- Redman: Those -- those are just estimates at this time, because we do not have the numbers from Brighton CDA. That was building and some costs for that, because we do Page 29 Meridian City Council Work Session Item#1. May 3,2022 Page— —— have three percent of their CM fee that we are responsible for as a city and we are also responsible for some sidewalk work that will be to the recreation avenue that goes right in front of the -- Fire Station 7. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to comment. Disappointed, but not surprised in the sense that, you know, we are in a really inflationary environment and I think part of the rationale, at least in my mind is, I think there -- there is some merit to moving forward to get ahead of continued inflation in this environment. I think what would make decision making easier, though, would be to be really grounded in the numbers and have a little bit more detail on, you know, a more detailed budget, a breakdown of the contingency of the different cost components, understanding the piece that I think Joe Borton was asking about. I have questions about that, too. So, I think just like a lot more granular detail, at least from my perspective, would be really helpful. I think it's hard for a presentation like this when we go into it without background materials, certainly we have a short time frame to make a decision, but I would think that -- that a more detailed breakdown would be very helpful. Simison: Council, any additional questions for the team at this point in time? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: That detailed sheet that updates what we saw last time, to these numbers is that something that we absolutely have concerns -- Freitag: Absolutely. We have that available and we can -- we can provide you with that. That's not a problem at all. Borton: Okay. Simison: Mr. Watts, do we need any action tonight -- or if-- if Alex or anybody else knows. I just know that we were trying to keep things as an option for next week and didn't want to go somewhere if we had to go someplace tonight. Watts: And I think just -- they stressed before that we will need to bring it back next week for discussion possibly, but, essentially, a budget amendment, followed by that GMP in order to hit the deadline to keep our bids from expiring or ESI's bid from expiring. Once that happens, numbers are off the table, basically. Simison: What we can do -- we can bring back more details next week, have another conversation, feedback, prior to any budget amendment, but the budget amendment will be prepared -- I think this is viewed as a maximum price. You may or may not recall, last Page 30 Meridian City Council Work Session Item#1. May 3,2022 Page 28 of 28 -- two or three weeks ago when we heard from the county and in there you may have seen Station 7, proposed impact fees to help with Station 7 as part of this process. I know that we are continuing to have conversations with the EMS folks over at Ada county and there could still -- while these are the high numbers, my hope is that we will see some contributions towards the construction costs, but those are ongoing conversations with them at this point in time, but we will also need to involve the commissioners at the appropriate time and that is they are looking to deliver services and utilize facilities that they are hopeful that we will build. So, I would like to think that that will bring down some of those costs, but these are what we considered the maximum numbers for the purposes of next week, regardless of any future value engineering, regardless of any future contributions, that's where we are looking at this point in time, just so we can move forward the project or not. So, we will bring this back again next week with greater detail. We will share the detail in advance and have the team back for more of a conversation. Thank you. Simison: Councilman -- Hoaglun: Mr. Mayor? Simison: Yes. Hoaglun: I move that we adjourn our work session. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON DATE APPROVED: ATTEST: 5-18-2022 CHRIS JOHNSON - CITY CLERK Page 31 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 19, 2022 City Council Work Session Page 3 Meridian City Council Work Session Item#1. April 19,2022 Page 23 of— Simison: Thank you, Councilman. Okay. Caleb, the thing that I would add -- and this is the struggle, because I -- I have heard this from friends out in the community, said, well, if we just increase supply we are just going to be great, but we know the impact that that has on our partner agencies, our roads and I think that's something that I think is really tricky balance to walk about our growth rate and, you know, is increasing supply beyond what we are currently doing -- it has an impact on our staff of trying to do the work and so their cumulative impacts for some of these directions, if supply was our go to, we are going to drive down cost, make it more affordable, because we are going to push up supply. So, there is some balancing and things here that impact a lot more as we look at the cost of housing in our-- in our city and bringing on more housing and what that means or does. So, just food for thought that that's where -- one area where I'm concerned is about growing faster than our current growth rate by increasing supply in the market. I think we are doing a fine job on our side of supplying the market, but if the market is over -- asking for more, I don't know that we are the -- that's the silver bullet to our solution. Again, many things. So, just food for thought as -- as we look at this going forward, because more housing has more impacts on every service provider in the city and our partners, including the jails as we heard, so -- all right. Council, unless there is anything else -- if there is anything different or more, just get it to Caleb and he will bring back some of this for a refined conversation. I'm sure we will hear from Council Woman Perreault, maybe have a one off with her, so you can bring her thoughts into this before the next conversation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn our work session. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 5-3-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 5-3-2022 Page 26 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 19, 2022 City Council Regular Meeting Page 27 Meridian City Council Item#2. April 19,2022 Page——— Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 5-3-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 5-3-2022 Page 55 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 26, 2022 City Council Work Session Page 56 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 26, 2022 City Council Regular Meeting Page 70 Meridian City Council Item#4. April 26,2022 Page 19 of 19 Hoaglun: Move we adjourn. Simison: I have a motion to adjourn. All in favor of signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 6:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON - - 022 ATTEST: CHRIS JOHNSON - CITY CLERK 5-3-2022 Page 89 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Mile High Pines Pedestrian Pathway Easement No. 1 Page 90 ADA COUNTY RECORDER Phil McGrane 2022-043384 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/04/2022 08:02 AM CITY OF MERIDIAN, IDAHO NO FEE MILE HIGH PINES PEDESTRIANT NT#1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 3rd day of May 2022 , between PR III BARON BFR Ten Mile Owner, LLC hereinafter referred to as "Grantor`, and the City of' Meridian, an Idaho municipal corporation. hereinafter referred to as"Grantee' W ITNESSETH; 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 A D 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 Pathwa Easement REV:01/01/2020 Page 91 y Item#5. 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: C�6 STATE OF COLORADO) ) ss COUNTY OF DENVER ) This record was acknowledged before me on14-13 (date) by'--�.'7p • . ��•- (name of individual), [complete the following if signing in u representutive cupuci. , or. Yike the following if signing in un individuul capucit l on behalf of k it l aa-� 'F-e Tz-"A.le.-twi�L (na►ne of entity on behalf of whom record was executed), in the following representative capacity: IiZt tltN-;.r SI4Y10*j1 (type of authority such as officer or trustee) (stamp) Notary Signatu e MELISSA JOY My Corn ss' n x Tres: l5 3 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194031189 MY COMMISSION EXPIRES AUQU$T IS.202 Pedestrian Pathway Easement REV. 01/01/2020 Page 92 GRANTEE: CITY OF MERIDIAN Robert E. Simison.. Mayor 5-3-2022 Attest by Chris Johnson, City Clerk 5-3-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-3-2022 (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 Pedestrian Pathway Easement REV. 01/01/2020 EXHIBIT B CITY OF MERIDIAN PATHWAY EASEMENT MILE HIGH PINES SUBDIVISION LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 10, T.3N., R.1 W., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO c '/µ N89.11'05'W 2655.63' W. PINE AVE. 1i4 - - - - - - 10 11 N d Z 3 00(a0w U.)m s o V)L Ln N88'29'39"W 48.00' y — _ _ __ _ __S88'29 39"E _497.5T _ _ _ 18.00 J ��>. 8,802 SF / 0.202 ACRES N88'29'39"W 480.42' POINT OF BEGINNING 00 OREGON SHORT LINE RR � Z W. FRANKLIN RD. 10 11 15 14 1 \D PI.LAIVD� 0 - -� a. 11118 M U" ��7i1 rF 0 F 01 100- zoo' 400' ON W. NP Land olutions Land Surveying and Consulting 231 E 5TH ST,STE A MERIDIAN.ID 83642 (208)288 2040 (208)288-2557fax w.vw landsolutIons b¢ d08 H0. 19-1- EXHIBIT A Legal Description Mile High Pines Subdivision City of Meridian Pathway Easement An easement being located in the NE '/4 of the SE '/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of said NE '/4 of the SE '/<, from which a Brass Cap monument marking the southeast corner of the SE '/4 of said Section 10 bears S 0051'58" W a distance of 2646.23 feet; Thence S 0°51'58" W along the easterly boundary of said NE '/4 of the SE '/4 a distance of 899.42 feet to a point; Thence leaving said boundary N 88°29'39" W a distance of 48.00 feet to a point on the westerly right-of-way of N. Ten Mile Road, the POINT OF BEGINNING; Thence leaving said right-of-way and continuing N 88029'39" W a distance of 480.42 feet to a point; Thence N 42°27'06" W a distance of 25.01 feet to a point; Thence S 88°29'39" E a distance of 497.57 feet to a point on the westerly right-of-way of N. Ten Mile Road, Thence along said right-of-way S 0°51'58" W a distance of 18.00 feet to the POINT OF BEGINNING. This parcel contains 8,802 square feet (0.202 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS oak` LANos Land Solutions, PC CO C, sS T April 4, 2022 s 11118 0 F \OQ 5D O N W N P� Mile High Pines Subdivision L - And S.—y1m9-d consulting Meridian Pathway Easement Job No. 19-19 Page 1 of 1 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Pera Place Subdivision (FP-2021-0061) by Leavitt Engineers, Located at 4600 W. Daphne St. Page 96 Item#6. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Joseph Dodson Meeting Date: May 3, 2022 Topic: Final Plat for Pera Place Subdivision (FP-2021-0061) by Leavitt Engineers, Located at 4600 W. Daphne St. Request: Final Plat consisting of 64 residential building lots, 7 common lots, and 1 other lot on approximately 16.63 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 97 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/3/2022 Legend DATE: - F Project Location I R 8 TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner V iEEpEH ® 208-884-5533 fJ, ® R C`I SUBJECT: FP-2021-0061 Pera Place Subdivision 5M ®IR�5 LOCATION: The site is located at 4600 W. Daphne ��® RUT Street,4546 W. Daphne Street,and R 8, Parcel SO427325702,near the northeast corner of N. Black Cat Road and W. Ill McMillan Road,in the NW'/4&the SW '/4 of the SW '/4 of Section 27, Township 4N.,Range 1W. I. PROJECT DESCRIPTION Final Plat consisting of 64 residential building lots, 7 common lots,and 1 other lot on approximately 16.63 acres of land in the R-8 zoning district,by Leavitt Engineers. II. APPLICANT INFORMATION A. Applicant/Owner: Tony Tseng,Applied Media, Inc. —6518 N. Fairborn Avenue,Meridian,ID 83646 B. Representative: Dan Lardie,Leavitt&Associates Engineers,Inc.— 1324 1 st St. South,Nampa, ID 83651 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-613-3C.2. The submitted plat includes the same number of buildable lots and open space as approved with the preliminary plat. Furthermore,the submitted final plat application contains the necessary documents to satisfy preliminary plat conditions of approval. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat(date: 11/13/2020) 7 It,e —RMA 7—di -4 PI tz It P; 0- H iL I � h I I I I I I 2 N o PERA PLACE LEAVI�&ASSOCIATES !SE SIJ ENUINEERS,INC. PERA PLACE SUBDIVISION PRELIMINARY PLAT ueRioiaNM.M. R=92 Page 3 B. Final Plat(date: 3/24/2022) S Basis of B 2637 s B-1 Cat Rood o 4 v a m � 2 9^N v LS � n O <v \ �F ❑ nlm _ z N NOa'31'OS"E 634.35 m i9e w - — _- ❑ so N.Cal ssau Ave (Puhlle) 0 C o 000000000 f� n V S O ern ° C 0 0 0 0 0 0 0 0 0 � Qo.❑ ti O N.Lichfield Ave. (Public) . O d � ❑ O 0 e e 0 � o M032.0 W 634.55 L tl5 o N vecv uzn Cvinnvnis \ �bdtn�+siovv 3 Q O O s ' _ co — u °�o a • � I em Page 4 o3 _ - - _ �a�o 30- W m' in i'�U ow Black Cat Rd, N00'31'09"h 255.13 all u � THE E 3; - - —lit z,9 n31'as w zsfi� is iN - - tin _ 3 - - - - zaioe Idfi.6O0' � � to - m o BI,Si' T p92'2J 'i N00'sY -215'i 23.5' �J I U uaDC sfi�- I 'az'zY[ e IE f: I Sgi O oaC oF•c�um ea.9a '� w^E — PRO\i � o935e W O <xC-w — �w °a��-P �m� u 109,95' �11 psd6•�2 O �o s o� O m O a - coa5's•E I � wl e✓no 0430e - -_ °� � --- �^___ No0'a3'36"E 23H.48' 9041'z0'[fi L]u of Sheet 2 11 � N.$epino Rve,(Public) --�w103.10'--25.00'0 -- --- o�o �^A f. Sheaf 3 uco'as - 84.99' ]0•E 8J.fi5 Page 5 S n o 5 70'w oa5'0¢6 _ I e 85]0' T N "E 63M.35 "I^' � G 'aY2TF a im w o - .. _____5].QB___ 24fi- _54 _.._1]4•➢96 s___ I 100' ® O _ 5 2 O O O $; OAvO � O 0 = ' O O 42rEpo os s,o.a zsos' C54r2TW aA9a - < m — w —� o N E _ _ —up N,Coloe m Av (Public) O m�ti a . _—_ - ro� N m Tl- � ne,.)6 -2'1TEB2xag `�s1040 ,g a'J O01,5' ti /N 0A - 4n, - Lo 00936'E Is,Sa' a x Sa•oy fi OC'U_J6"[va.4a' r L28 Sheet 2 —`-- oo], R _ - n o N00'cY=e"[19�99' 41'20'E a�05'�Eg Sheet 3 c e it m m s> r � I ^I Bfi 98 00 OC a°E 6]).41' G aM O g m O s3.O6'U 53.96' v.gs 53.98 C205' 5e.ce -� 590'as'3e"w I C.0 Nao'¢.i'36"E N004336"f o� u x Bs,]9�iOgC� gpO O oO O $; OgOguC� �23.51x3.fi' ; 3a9 N_Lich Fleld Ave.(Publk) NWaJ'M2 4J G52 O t�Ll 43'36"w 100 ].4l u sa'E am of "'o I1 E m 0 ci 550 u 00'U'3A°E 3].aS v I m o a`]ye9'_ i2a6'___ss Q4'____SJ.IIa�___-�3.04.___3,1,➢5:.._5].P&_- 52.95-- 34.4Ei J•�- o_I $ s 509­'>s"W G� m a .--6SC6-__•. S00'32'04W 634.55 u .31 _ _ _ _ _ _ _ N $ S `0 8 8 S �) n a 6e P6pfFs�y C C - - g ox am I s� Page 6 C. Landscape Plans(date: 1/5/2022) N BLACK CAT Rom_a D m D d Z IM I p IM X. J" \ t 11 i IIJ 1-HIM -- — MATCIi �- EI L1.1_ MATCi I1JE-8 L1.2 II€ ° o0000 oon Apo" r I D �4�Ij* a c r $ids g Jz 0 ly,� *_ a g z E g3 8 r _E€ #sa y U) m �- G) s S a a - m ens O O 035 O OZ -� - w am ke Z sse a a c em rfl tl 4 i 4 d4 4 d e LEAV ITT&ASSOCIATES PERA PLACE SUBDIVISION - ENGINEERS,INC. LANDSCAPE PLAN-AREA ONE STRUCTURAL"CIVIL r-; era"N i 1o1RdM'VE. SURVEYING J�" REVI610N6 NNYMImx�eR916N1"AXO.ICOm Page 7 LANDSCAPE LEGEND z PLANT SCHEDULE J 7 BLOC KZ - —M, x 7-71, BLON 2 1: z K LINE-SEE L�.2 • HLINZ-SEE I 3 Y-U LANDSCAPE PLAN-AREA-11 CALLOUT LEGEND glow sio...UEF' f • LANDSCAPE LEGEND NE SEE INE SEE • a MA7CHL SEE 1,1 : ------ Lu aZ z PLANT SCHEDULE 14 . ............ ........... L --- ------ 1. 60 z A IDI L 7 L--- ���-- - I L A CALLOUT LEGEND it o TS T.— LANMOARF PLAN-AREA THREE SOUTH 9ECKR Page 8 LANDSCAPE SPECIFICATIONS dim a3 t '•^^-�^ W, � a nWROUGHT IRON FENCE � Q�' eoclNc (1 PLANTER BEO CUT EDGE :Tw o;,:,,,PCPs r:,.x,x r.;� .a..-..r .,..,. ....• _ ��'�- � - O BOULDER INSTALLATION w CONIFEROUS TREE PLANTING PLANTING SOIL NOTES - O 1 w 5 _ Y _K2 �l PLANTING •" .>< } �a<8 PERENNIAL&GROUNOCOVER, tt WEEDARATEMENT .y m..,,....a ,.. DISCLAIMER .... --<a <...� _ .. %1SHRUB PLANTING ` -``-- ^ n DECIDUCU$TREE PLANTI NG 3 �L4 CA ®PLAYCRAFT' <_ ❑p �� Lu R DSXWPM Area Light c n PICNIC TABLE �6 FOOT BENCH �� � %� �•C' E!f r� . ...... ..� .. ...L ..» a.....a.. ..r Z n z _ - \�c3yFfd Z OVER HERO TRELLIS ELEVATION ®®® ' 'TREX'(or approved equal) 0 i yI 0ECXR Page 9 D. Common Drive Exhibit nip •r R • I I I ryLW PHIIDMQJA CT. ,I r ,I 2 �I —J III I r j f.,• I e.� II I'I� - _ • w � ��r I :�i I J , I�III� I �I �, I I L. I •_� II JII if. --- L-- - ' i Ottr z •r ea a Page 10 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2021-0056 (AZ,RZ, &PP); H-2021-0091 (DA Modification). 2. The applicant shall obtain the City Engineer's signature on the final plat by January 4, 2024, within two(2)years of the date of approval of the preliminary plat findings (January 4, 2022),in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Idaho Survey Group, stamped on 03/24/22 by Michael S. Byrns,is approved with the following conditions to be completed at the time of Final Plat Signature: a. Note#10: Include recorded instrument number. b. Revise Note#12 to depict new DA instrument number(Inst. #2022-011570). 5. Prior to City Engineer signature on this final plat,revise the landscape plans shown in Section V.C,prepared by South,Beck&Baird, dated 1/05/22, as follows: a. Provide an exhibit/cross-section of the micro-path through the large open space lot(Lot 7,Block 1)to show compliance with DA Provision A.lb. 6. At the time of application for City Engineer signature on the final plat,the applicant shall provide an update on the interim sidewalk design and placement along N. Black Cat Road and the Poorman outparcel,per DA Provision A.1d. 7. Applicant shall maintain and comply with the parameters outlined in the construction, maintenance,use, and repair of the Poorman Drain Field Agreement attached to the project folder. 8. 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 geotechnical report was not provided for this project. A geotechnical report is required to be submitted and reviewed prior to signature of the final plat. 2. Water and sewer mains outside of right-of-way must have a City of Meridian utility easement in place prior to plan approval. 3. Water main should not be installed in common driveways to provide water service to homes. Remove water main from driveways and "bank" meters within right-of-way near the entrance of the shared drive,then run service lines through the driveway to serve each lot.Meter pits should be labelled with the lot and block that they serve. 4. Water and sewer service lines shall be installed perpendicular to the main. 5. Valves at the junctions of Daphne and Lichfield, and Avilla and Lichfield, should be switched to Page 11 the west legs so they will not be redundant with the blow-off valves to the east. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the 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. hi 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. Page 12 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed 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 Page 13 well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Graycliff Estates Subdivision No. 2 (FP-2022-0005) by KB Home, Located at 684 W. Harris St. Page 112 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 5 AND 19, 2022 ORDER APPROVAL DATE: MAY 3, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 54 BUILDING ) CASE NO. FP-2022-0005 LOTS AND SIX(6) COMMON LOTS ) ON 13.26 ACRES OF LAND IN THE ) ORDER OF CONDITIONAL R-8 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT GRAYCLIFF ESTATES ) SUBDIVISION NO. 2 ) BY: KB HOME ) APPLICANT ) This matter coming before the City Council on April 5 and 19, 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 GRAYCLIFF ESTATES SUBDIVISION NO. 2, LOCATED IN THE SE 1/4, AND THE NE 1/4 OF THE SW 1/4 OF SECTION 25, TOWNSHIP 3N., RANGE 1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 1/6/2022,by ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAYCLIFF ESTATES NO. 2 FP-2022-0005 Page 1 of 3 CLINTON W. HANSEN, PLS, 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 19, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Sabrina Durtschi, KB Home, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAYCLIFF ESTATES NO. 2 FP-2022-0005 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 3rd day of May , 2022. By: Robert E. Simison 5-3-2022 Mayor, City of Meridian Attest: Chris Johnson 5-3-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-3-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAYCLIFF ESTATES NO. 2 FP-2022-0005 Page 3 of 3 Item#7. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 4/19/2022 1-1 1 LIIJILC7LJIY�I w7my Hu DATE: Continued from 41512022 Li TO: Mayor&City Council FROM: Sonya Allen,Associate Planner y 208-884-5533 Y� W naHHis srHrti � SUBJECT: FP-2022-0005 \b ER.PHASE 1 Graycliff Estates No. 2 LOCATION: 684 W. Harris St., in the SE 1/4 of Section 25,Township 3N.,Range IW. PROJECT LOCATION W ANI iY HQA[) I. PROJECT DESCRIPTION Final plat consisting of 54 buildable lots and 6 common lots on 13.26 acres of land in the R-8 zoning district for the second phase of Graycliff Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Sabrina Durtschi,KB Home 1414 Bannock, Boise,ID 83702 B. Owner: Thomas Coleman,KB Home— 1414 Bannock,Boise,ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0129)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots or common open space,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 Page 116 Item#7. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) GBAYCLIFF ESTATES SUBDIVISION PRELIMINARY PLAT-MERIOI ,IOAHO-2Q20 -r D5y • " �--� mnxm mPUT _.—-' � �' •\ �—.•—.— aaEw I ,� L-r..rE Eu I Lo-r warn r �� llilt — I � 1 x • Ch O h s q xz: _._._. r•1 A ue r TO E n o z. 00 c �PP-1 Page 117 Item#7. B. Final Plat(dated: 1/6/22) GRAYCLIFF ESTATES SUBDIVISION NO.2 BOOK- ,PAGE-LOCATED IN THE SE 114,AND THE NE 114 OF THE SW 114 OF SECTION 25,T_3N_R_1W.D M_ CRY OF MERIDIAN,ADA COUNTY,IDAHO 2022 -��, ® 9� wa7�6° it c�P d �= Q � •��9 '�!�a �- .. -• i� , gu LEGEND S �ry - P'.ae q =w°$x�o.�amvw o�wwn emlor¢nxw°wmwawiwwew 0 e i 3 ¢®Y�°iu H � °V© 1.rvtd. -- as Lan olutions lane wrveyirg and Consuldng e+`. rwuewM°e4T'esLe _cvw.e.dserwr.rrweM..s.�r.nn<.r...°..ur.M a�6 SHEET OF GRAYCLI FF ESTATES SUBDIVISION NO.2 BOOK_PAGE w w`.w'O Lan olutions Land Sun yirg and ConsuNing SHEET OF Page 3 Page 118 C. Landscape Plan(dated: 05/21/2020)& Site Amenity Details LANDSCAPE IMPROVEMENT PLANS T GRAYCLIFF ESTATES PHASE 2 MI W HARMST MERMAN 2 (SEC-NIYY) -0-PE REQUIREMENTS I-E—E N-ES I—EI-E.. El SITE INFORMATION ANCISCAPE 1111UGATION SYSTEM z M .uTa.o TMrx���.E.�.,� � t� �.. �9 �®��� � IUGFET-0E-WAY MOSCAPE MAINTENANCE MATU IJNE SEE SHEET LI U PLANTING IMSEND 0 'o Ei ul;­ ]Ui ------ ------- Page 119 Item#7. RANHNG G:GEM a . $ �.m I ILL E; I � s MWTUi HNE_SEE SHEET LI 01 In, �mm,£n,wn�xro srwwc . m�srnwxc-xuun-xw..c �..._ I 3 sAxaEeicxourocwmEwmxs `� ��° c�f y 5R El . I LI.03 Page 5 Page 120 Item#7. D. Common Driveway Exhibits NORTH ----------- .•.. Q 1----------I o O I � � I ?pafnno I oz<o na N 2p 0. O 1 Apn6vmf 4�, Z n Q r I I `� .. . _� m -n = C 1 20.0' W W W SET9RCK � � I I 1 0� C I nyo rL i am Q O V/ -----�' t—=— nZoK q a uf"i�^ r e ammo o ro --- — -- —i Nso > o oti mm� z o i 20.0 cal n _ zx"' � N SETBACK wo n ~�� 2 I N I I I I r > 1 No ZA 1 O m N ------------- � I---- � I I o~cam-. (0 I � I 1 pom I I 112.0'1 s I a vn 1 SETBACK 20.0' o m I [SETBACK Page 121 Item#7. r--------- NORTH I le.A I.' Ip 1 1 f oa ac"A _ 1 0 ��7 2o.D J o�>� Mm O N --i M Y vo a j 0Z -< `__— N __ 1 o r= I----------- C n 1 m 7l 24 d SETBACK s 1 2 C W.LYRA h o 1 1 — — M ci L — — — _o a � r C T�—� N N�00 ----p.T---I-- o CO o >z r NnM4 I a MAO<4 24.4' s 1 Z �l o n Y j SETBACK N j�ll In 10 N = I z � 1z 20.�' co > - 5.4 N n n f�+� m Mtn Cn a to azxcjl �flo 20.4' I W SETBACK r C I O o 00 SETBACK Q � o Page 7 Page 122 Item#7. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2015-112095, 1st Addendum Inst. #2019-086664, and 2nd Addendum Inst. #2020-066784) and preliminary plat(H-2019-0129)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(on or before December 23, 2023); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 1/6/2022, included in Section V.B shall be revised as follows: a. Note#8: ". . . Lot 1,Block 27 is reserved for a City of Meridian well lot. Lot 2,Block-27 is reserved for a City of Meridian Park,unless the City Council determines apublic park is not preferred in this development. . ." b. Graphically depict the ACHD storm water drainage easements referenced in Note#9. c. Note#12: Include the recorded instrument number for the CC&R's. d. Add note: "The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation." e. Include the recorded instrument number for the ACHD permanent easement line noted in the Legend. £ Include the recorded instrument number for the existing ACHD permanent easement graphically depicted on the plat. g. Depict the public pedestrian easement for the multi-use pathway across Lot 2, Block 7 and include the recorded instrument number for the easement. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Kimley Horn, dated 01/14/2022,included in Section V.C, shall be revised as follows: a. The street buffer along S. Oakbriar Way shall include shrubs and other vegetative groundcover; and trees shall be depicted within the buffer south of W. Learmont St. outside of the Sundell lateral easement as set forth in UDC 11-313-7C.3 and as depicted on the preliminary plat landscape plan. Revise the Landscape Requirements table accordingly. b. Depict shrubs and other vegetative groundcover along all pathways as set forth in UDC 11- 313-12C.2. c. Include the total linear footage of parkways(minus 26' for each driveway) and the required vs. provided number of trees in the Landscape Requirements table.In areas where there is an ACHD storm water drainage easement that prohibits trees, the required trees shall be placed elsewhere on the site. d. Depict landscaping within Lot 2,Block 7 in accord with the standards listed in UDC 11-3G- 3E; and a 10-foot wide multi-use pathway with landscaping along the pathway in accord with the standards listed in UDC 11-3B-12C.Note: The improvements in this lot are not required Page 123 Item#7. to be installed until the larger park area develops. If the City Council determines a public park is not preferred in this development, the area shall be developed as private open space for the development. A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. Note:Alternative Compliance to UDC 11-3B-12Cfor the landscaping(i.e. trees) required adjacent to the multi-use pathway and to UDC 11-3G-3E.2 for the landscaping(i.e. trees) required within common open space within the Williams pipeline easement on Lot 2, Block 7 was previously approved with H-2018-0054.A total of 35 additional trees were required to be provided within the development(or within another City park as determined appropriate by the Planning Division and Park's Department) based on the calculations provided. 6. All development within the Williams Northwest Pipeline easement must adhere to the most current standards in the Williams Gas Pipeline Developers' Handbook. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 8. Future homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-066784). 9. The rear and/or side elevations of 2-story homes abutting the collector streets(W.Harris St. and S. Oakbriar Way)on Lots 14-15,Block 1 and Lots 21-32,Block 5, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single-story structures are exempt from this requirement. 10. Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.4. 11. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8; a copy of said easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 12. Homes on Lots 11-13 and 21-23,Block 5 shall comply with the setbacks depicted on the common driveway exhibits in Section V.D. 13. The well lot(i.e. Lot 1,Block 7) shall be conveyed to the City of Meridian by deed after the plat is recorded,prior to issuance of the first Certificate of Occupancy within the development. 14. The City park lot(i.e. Lot 2,Block 7) shall be conveyed to the City of Meridian by deed at such time as the larger park area is also conveyed to the City that lies in the adjacent Brundage Estates and Biltmore Estates subdivisions. If determined by the City Council that a public park is not preferred in this development,this lot shall be improved as private open space for the development. In the interim,this lot shall be maintained by the Homeowner's Association and kept free of weeds. 15. A surety valid for a period of three(3)years shall be submitted to the City for the 10' wide multi- use pathway, landscaping and irrigation improvements on Lot 2,Block 7,the future City park lot, prior to signature on the final plat by the City Engineer;the surety may be required to be extended if the remainder of the land designated for a City Park isn't ready to develop at that time. If the City Council determines a City park is not preferred in this development during the Page 9 Page 124 Item#7. aforementioned time period(or the extended time period,as applicable),the surety will be released and the lot shall be improved as private open space for the development; or, if ownership of the lot is transferred to the developer of the adjacent parcels for improvement as a City Park and that developer agrees to improve the lot as part of the future City Park,the surety will be released. Landscaping/irrigation shall not be installed on this lot until the larger 11+/-acre park area is ready to be developed that is also part of Biltmore Estates and Brundage Estates subdivisions. 16. 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 208-887-1620 or Susan.L.Prescott(&usps.g for more information. 17. All fencing shall comply with the standards of UDC 11-3A-7C. 18. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Water valve spacing shall not exceed 800 feet. 2. Water blowoffs should be installed per City standard drawing W 13. 3. Manholes shall be placed in the roadway whenever possible. Manhole SSMH B3 and SSMH B2 are currently located in the sidewalk and common driveway and must be moved to the roadway. 4. Separation between infiltration trench and sewer main is 10 foot minimum. 5. The streetlight plan has not been approved.The streetlights will need to be installed and operational, with approved record drawing,before any form of occupancy. 6. No geotechnical report was provided with this application. A geotechnical report will be required to be submitted and reviewed prior to signature of the final plat. General Conditions: 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. Page 125 Item#7. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. All grading of the site shall be performed in conformance with MCC 11-1-4B. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 Page 11 Page 126 Item#7. 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. 25. 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. 26. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 27. 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. 28. 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. 29. 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. 30. 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 127 EXHIBIT B Item#7. From: Durtschi,Sabrina To: Sonya Allen;Adrienne Weatherly;Charlene Wav;Chris Johnson Cc: Bill Parsons;Bill Narv;Coleman.Thomas Subject: RE:Graycliff Estates No.2 FP-2022-0005 Staff Report for City Council on March 22nd Date: Friday,March 11,2022 11:38:56 AM Attachments: imaae006.Dno External Sender-Please use caution with links or attachments. Sonya, We are in agreement with the staff report. Thanks for all your assistance with this phase. Sabrina kb #1 Customer- Ranked HOME National Homebuilder Built on Relationships` From: Sonya Allen <sallen@meridiancity.org> Sent:Thursday, March 10, 2022 5:26 PM To: Durtschi, Sabrina <sdurtschi@kbhome.com>; Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org>; Bill Nary<bnary@meridiancity.org>; Coleman, Thomas <txcoleman@kbhome.com> Subject: Graycliff Estates No. 2 FP-2022-0005 Staff Report for City Council on March 22nd EXTTVNAL E o no ClICK llnKS or open atta6ments unless you recognize the source of the Attached is the staff report for the final plat for Graycliff Estates No. 2. This item is scheduled to be on the consent agenda at the City Council work session on March 22nd.The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk(@meridiancit)l.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Please provide a written response if you are in agreement as well. Thanks, Page 128 Item#7. Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 C4fE ID Built for Business, Designed for Living 0®©0 0 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 129 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Graycliff Estates No. 3 (FP-2022-0012) by KB Home, Generally Located South of W. Harris St. and West of S. Meridian Rd. Page 130 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 19, 2022 ORDER APPROVAL DATE: MAY 3, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 34 BUILDING ) CASE NO. FP-2022-0012 LOTS AND 3 COMMON LOTS ON ) 5.25 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT GRAYCLIFF ESTATES NO. 3. ) BY: KB HOME ) APPLICANT ) This matter coming before the City Council on April 19, 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 GRAYCLIFF ESTATES SUBDIVISION NO. 3, LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 25, T.3N., R.I W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 2/11/2022,by CLINTON W. HANSEN, PLS, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAYCLIFF ESTATES NO. 3 FP-2022-0012 Page 1 of 3 I 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 4/19/2022, 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 GRAYCLIFF ESTATES NO. 3 FP-2022-0012 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 3rd day of May 2022. By: Robert E. Simison 5-3-2022 Mayor, City of Meridian Attest: Chris Johnson 5-3-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-3-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAYCLIFF ESTATES NO. 3 FP-2022-0012 Page 3 of 3 Item#8. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 4/19/2022 --IFJJI 1 1 1 1 1 I-7/ 11 Y vlcill �' L MIRY RD DATE: u TO: Mayor&City Council FROM: Sonya Allen,Associate Planner MTr 208-884-5533 SUBJECT: FP-2022-0012 Graycliff Estates No. 3 F LOCATION: Generally located south of W. Harris St. and west of S. Meridian Rd., in the SE 1/4 of Section 25, T.3N.,R.l W. SUBJECT PROPERTY W.AMITY RD.-�� I. PROJECT DESCRIPTION Final Plat consisting of 34 building lots and 3 common lots on 5.25 acres of land in the R-8 zoning district for the third phase of Graycliff Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Sabrina Durtschi,KB Home— 1414 Bannock,Boise, ID 83702 B. Owner: Thomas Coleman, KB Home— 1414 Bannock,Boise,ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0129)in accord with the requirements listed in UDC 11-613-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots and the amount of common open space has increased,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 Page 134 Item#8. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) GRAYCLIFF ESTATES SUBDIVISION PRELIMINARY PLAT-MERIZIAN,INAHO-2020 -- 1 2i g, -ELF I PV.T N M Eu I PWi VATA t PAL III• _• / \ / � � � s s=,a / M�w� A 1 ' _ •1 �� \ a V' 4 �W. a. ._._. s _ ve 3 F^ _ ..e m a •iT EP i T =xo...� l EE1 Q E Page 135 Item#8. B. Final Plat(dated: 2/11/22) GRAYCLIFF ESTATES SUBDIVISION NO. 3 BOOK_,PAGE_ LOCATED IN THE MN1114 OF THE SE 114 OF SECTION 25,T.3N.,RAW.,B.M. CITY OF MERICIAN.ADA COUNTY,IDAHO UEGEM 2022 e �.0,� �+� wsn,r is.n� ----- axuwe sr. Jy�� • 6\a :D, _—__--_ a�.nrnaw, NCTES . a�'Ion. �'..•l ����.,.,:�..m,..�, �ICL611t*fY -" I y '$ MY6Y Y.ILwwrsL. wmnsrey s�� IR T E: i s .. e a xeoas'i5Y .tv.c N61SrY 6•�3�RW s...rc..c,xurra�».nu woc,�r.x�nu�s�� N Sl1RYEY NAWAT1VE llE ia� SSRE TiHE u wer war«r u as �r yh ut a 'wx...xr+ .x a,.ren.xw.e 1 g n land Surveying and Consulting u zx .w.rrt w au aarut a aK m nsror xxsn nn s ar im o,n�„�. oerr�} aye.x„.r.�. u rw ww+rF w w.r e„ree a ra asw +.sra• 40 oa xe iww aatw rKxt wsr �w.,`ry m°V1�1°�i�ar u xer,n m and .s,nn a se asd .ra•�vre s,r m xsr x.a wwW H ,mv,rr sur �. u p.f Wauc w 9.+T a}rays y.n mu nryr?I'4.F, IF,1' Wn' i�A}T•li.a* o xinxt SHEET 1 OF 3 Page 3 Page 136 Item#8. C. Landscape Plan(dated: 05/21/2020)& Site Amenity Details LANDSCAPE IMPROVEMENT PLANS GRAYCLIFF ESTATES PHASE 3 � . T i 4 *;e �Fa . � g > q _ 4 e G i Y.e o lki L0.01 y� RANTING IE6EliO ra. Q .a, .,• r eu m.a f }' \ Q � - q E 1' LL •`. ��:M may. I _ 1 W 44 Page 137 Item#8. \ .,�. � neKp l�nr��v v�oT w m 4 1 IRfEn nlrrrNc aun ETANNG m.m cweaxva � rr�EETAJOIG-MILhTRIIN[�"� L I .. mnewn�rt4t.r.; T Y F E H y yy„v, �P AC FBlCE LI,02 Page 5 Page 138 Item#8. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2015-112095, 1st Addendum Inst. #2019-086664, and 2nd Addendum Inst. #2020-066784) and preliminary plat(H-2019-0129)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 2/11/2022, included in Section V.B shall be revised as follows: a. Note#10: Include the recorded instrument number for the CC&R's. b. Note#11: Include the recorded instrument number for the ACHD temporary license agreement. c. Include the recorded book and page numbers for Graycliff Estates No. 2 noted on Sheet 1. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Kimley Horn, dated 01/14/2022,included in Section V.C, shall be revised as follows: a. Depict shrubs and other vegetative groundcover along all pathways as set forth in UDC 11- 313-12C.2. b. Include the total linear footage of parkways(minus 26' for each driveway) and the required vs.provided number of trees in the Landscape Requirements table.In areas where there is an ACHD storm water drainage easement that prohibits trees, the required trees shall be placed elsewhere on the site. c. Fencing adjacent to the common open space where the Williams Pipeline is located along the east boundary of the site shall be revised to comply with the standards in UDC 11-3A- 7A.7b(1).An open vision or semi private fence up to 6 feet in height is required to provide visibility of the common area from adjacent homes. A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. 6. All development within the Williams Northwest Pipeline easement must adhere to the most current standards in the Williams Gas Pipeline Developers' Handbook. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 8. Future homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-066784). 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 208-887-1620 or Susan.L.Prescott&usps.goov for more information. Page 139 Item#8. 10. All fencing shall comply with the standards of UDC 11-3A-7C. 11. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The blow-off valve shown on sheet C5.20 needs to be installed (and noted) per City Standard Drawing W 13. 2. Sewer services should not cross infiltration trenches whenever possible. There are several areas that do not meet this standard. 3. Infiltration trenches must be a minimum of ten feet from sewer mains. 4. The streetlight plan has not been approved.The streetlights will need to be installed and operational, with approved record drawing,before any form of occupancy. 5. No geotechnical report was provided with this application. A geotechnical report will be required to be submitted and reviewed prior to signature of the final plat. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the 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 Page 7 Page 140 Item#8. 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed 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 Page 141 Item#8. sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 142 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order for for Pura Vida Ridge Ranch Subdivision No. 1 (MFP-2022-0001) by Centurion Engineers, Generally Located South of E. Lake Hazel Rd. and East of S. Eagle Rd. Page 143 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: APRIL 19, 2022 ORDER APPROVAL DATE: MAY 3, 2022 IN THE MATTER OF THE ) REQUEST FOR MODIFICATION ) OF THE FINAL PLAT FOR PURA ) CASE NO. MFP-2022-0001 VIDA RIDGE RANCH ) SUBDIVISION NO. 1 TO CHANGE ) ORDER OF CONDITIONAL THE LOT CONFIGURATION ON ) APPROVAL OF FINAL PLAT LOTS 2-28, BLOCK 1 AND LOTS 1- ) 7, BLOCK 5 IN ORDER TO ) ACCOMMODATE A NEW ) PRODUCT TYPE. ) BY: CENTURIONB & A ) ENGINEERS, INC. ) APPLICANT This matter coming before the City Council on April 19, 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 PURA VIDA RIDGE RANCH SUBDIVISION NO. 1, SITUATE IN THE U.S. LOT 3 OF SECTION 4, T.2N., R.IE., BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR PURA VIDA RIDGE RANCH NO. 1 MFP-2022-0001 Page 1 of 3 2022, HANDWRITTEN DATE: 03/24/2022,by Joseph D. Canning, 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 19, 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR PURA VIDA RIDGE RANCH NO. 1 MFP-2022-0001 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 3rd day of May , 2022. By: Robert E. Simison 5-3-2022 Mayor, City of Meridian Attest: Chris Johnson 5-3-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-3-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION FOR PURA VIDA RIDGE RANCH NO. 1 MFP-2022-0001 Page 3 of 3 Item#9. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 4/19/2022 Legend -16 C=N OUT DATE: ff 'N I�Project Lacfliar 0 TO: Mayor&City Council R_ FROM: Sonya Allen,Associate Planner Eke 208-884-5533 R-8 R-1-5 M1 SUBJECT: MFP-2022-0001 IR-40 Pura Vida Ridge Ranch No. 1 " RUT LOCATION: 3727 E. Lake Hazel Rd., in the NW 1/4 of R-4 Section 4,T.2N.,R.IE. (Parcel #S1404212550) RUT R I. PROJECT DESCRIPTION Modification to the final plat for Pura Vida Ridge Ranch Subdivision No. 1 to change the lot configuration on Lots 2-28,Block 1 and Lots 1-7,Block 5 in order to accommodate a new product type. II. APPLICANT INFORMATION A. Applicant/Representative: Anna Canning, Centurion/B &A Engineers,Inc.—2323 S. Vista Ave., Ste. 206,Boise,ID 83705 B. Owner: Darren Mann,Pacific Rim Builders— 1515 Cascade Ave.,Loveland, CO 80538 C. Representative: Joe Canning, Centurion/B&A Engineers,Inc. —2323 S.Vista Ave., Ste. 206, Boise,ID 83705 III. STAFF ANALYSIS The proposed final plat modification does not change the number of building lots but does increase the amount of common open space by 2,138 square feet. The proposed modifications to the lot configurations comply with the reduced dimensional standards of the R-15 zoning district approved with H-2020-0064(i.e. minimum 1,400 square foot lots were approved). Because the number of building lots have not increased and the amount of common open space has not decreased, Staff is in support of the proposed modification. Compliance with the previous conditions of approval is required. Page 1 Page 147 Item#9. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat modification with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 8/24/20) _ I ._.._.._.._.._.-_ti_.._.._............ —A.._.._.._.._.._.._.._.._._._._.._._.._.._.._.._.._._.._._.--._--- ._.._..........._.._.._.._.._.._.._.._.._.._.._RLrr --� RX WP 40, FUr FuT RUT xds I -1.1 �_ � ��.4` .♦ m ...—.,or ,� I T � is •..;� - � <.' - _ .,m.,._.,,...,m—.—�_>....,..... _._.,..�,_._.... RVT b [� t i Page 2 Page 148 Item#9. B. Approved Final Plat(date: 7/30/2021) Pura Vida Ridge Ranch Subdivision No. 1 ..A PaRitW,Q"ryp,^p,srµµQ1357v a1D W.127YJ SIla41C W IIE NIRIIeF31 pLLYIER OF±ECRY! i2X.,R1E BOGE Wwtlh4N,CaV OF WERIO .M1 CLANK',IDN0 iECIKN.r-=-n/w�-e e7 tl�CRH-OF1 It A `®aT Y,��^ IX afuwc F Ixa.Ya�t sunC ---4 14�1�Oli�%SE��,�� Legend ----------— _._ _ _I--R,ec uWm FIRIQa I r' S I S. L � ��A i� ® m NC'JOWI MN lu Pw Q Q W]q rta xFsrt,Rrn n0_ - F s �m,�r��e,4sF�onm�r¢,clm Wv x • I.�ID 5 IS,1Be.�NL�oilGfrnE REnL IbHS7Ft R+i,+' q , l qI &WrGR1lMASTRCRi -�1- yy • '^•M 1u�iIlY,L�w� � lII•i _—_M1®1]Mt I _—_� ,35•, 21 °IF A IF curve Tuble �p1. 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Emergency Access Exhibit Pura Vida Ridge Ratich Subdivisioll Emergency Access Detail E. Lake Hazel Road —ML—tm—US p—04 Cn F E E --——————————————— — — - RNOVAKE BOLLARDS Lq-LII EMERCENCI Al�6 REMOVAELE E. La Fo 10 ab Street B&A Engineers, Iuc- -TH F'RC.-IV F--Uiii FU 3—.101.c�,7fr-. T' Page 6 Item#9. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0064,Development Agreement Inst. #2021-042520;FP-2021-0043). Page 7 Page 153 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Vanguard Village (H-2021-0081) by Meridian 118, LLC, Generally Located 1/4 Mile South of W. Franklin Rd. and S. Ten Mile Rd. Page 154 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(Inst. #110115738)to Replace it with a New Agreement for the Proposed Development; Rezone of 7.06- Acres from the C-C to the H-E Zoning District; 17.38-Acres from the C-C &H-E Zoning Districts to the M-E Zoning District; and 40.33-acres from the R-40,C-C and M-E Zoning Districts to the R- 15 Zoning District; and 1.10-Acres from the H-E to the C-C Zoning District; Preliminary Plat Consisting of Eight(8)Building Lots& Six(6) Common Lots on 115.26-Acres of Land in the R-15, C-C,H-E and M-E Zoning Districts for Vanguard Village Subdivision; and,Conditional Use Permit for a Multi-Family Development Consisting of 552 Dwelling Units on 40.33-Acres of Land in the R-15 Zoning District for Vanguard Crossing,by Insight Investment Partners. Case No(s).H-2021-0081 For the City Council Hearing Date of: April 19,2022 (Findings on May 3, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 19,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 19,2022,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 19,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 19,2022,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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE-MDA,RZ,PP,CUP H-2021-0081 - 1 - 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 19,2022, 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,Rezone, Preliminary Plat and Conditional Use Permit is hereby approved per the provisions in the Staff Report for the hearing date of April 19,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 11- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE-MDA,RZ,PP,CUP H-2021-0081 -2- Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(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 19, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE-MDA,RZ,PP,CUP H-2021-0081 -3- By action of the City Council at its regular meeting held on the 3rd day of May , 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 5-3-2022 Attest: Chris Johnson 5-3-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-3-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE-MDA,RZ,PP,CUP H-2021-0081 -4- Item#10. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING April 19,2022 Legend DATE: 0 I�Project Lorca fior. TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0081 Vanguard Village—MDA,RZ,PP, CUP LOCATION: Generally located 1/4 mile south of W. Franklin Rd. and S.Ten Mile Rd.,in the middle of Section 15,T.3N. R.1 W. a I. PROJECT DESCRIPTION The Applicant has submitted an application for the following: • Modification to the existing Development Agreement(Inst. #110115738) to replace it with a new agreement for the proposed development; • Rezone of 7.06-acres from the C-C to the H-E zoning district; 17.38-acres from the C-C&H- E zoning districts to the M-E zoning district; and 40.33-acres from the R-40, C-C and M-E zoning districts to the R-15 zoning district; and 1.10-acres from the H-E to the C-C zoning district; • Preliminary Plat consisting of 8 building lots& 6 common lots on 115.26-acres of land in the R-15, C-C,H-E and M-E zoning districts for Vanguard Village subdivision; and, • Conditional Use Permit for a multi-family development consisting of 552 dwelling units on 40.33-acres of land in the R-15 zoning district for Vanguard Crossing. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 115.21 acres overall Existing/Proposed Zoning R-40,M-E,C-C and H-E(existing)/H-E,M-E,C-C and R- 15 (proposed) Future Land Use Designation Mixed Use—Commercial(MU-COM);Medium High- Density Residential(MHDR);Mixed Employment(ME); High Density Employment(HDE) Page 1 Page 159 Item#10. Description Details Page Existing Land Use(s) Vacant/agricultural land Proposed Land Use(s) Multi-family residential,vertically integrated residential, light industrial,commercial/retail,research and development and other uses. Lots(#and type;bldg./common) 8 buildable lots/6 common lots Phasing Plan(#of phases) 4 5 phases(plat);2 phases(multi-family development) Number of Residential Units(type 552 multi-family apartment units of units) Physical Features(waterways, The Williams gas pipeline bisects this site hazards,flood plain,hillside) Neighborhood meeting date;#of 8/17/21 attendees: History(previous approvals) AZ-09-008 Meridian Crossing(Ord.#10-1467;DA Inst. #110115738);ROS#7623 (Inst.#106170019 2006) B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was submitted. es/no Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Traffic Level of Service Stub Street/Interconnectivity/Gros s Access Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Improvements Fire Service • Distance to Fire 2 miles Station • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#2—can meet response time goals • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 4—current resources would not be adequate to supply service (risk factors include fire-fighting in multi-story buildings&a large gathering of people in a single location) • Accessibility Project meets all required access,road widths and turnaround. • Special/resource Project will require an aerial device;can meet this need in the needs required timeframe if a truck company is required. • Water Supply Varies as there are multiple size buildings in which some will require fire sprinkler systems. Page 2 Page 160 Item#10. Description Details P • Other Resources West Ada School District • Capacity of Schools Approved prelim Approved MF Projected plat parcels per units per Students from Enrollment Ca aci attendance area attendance area Approved 0ev. • #of Students Enrolled Chaparral Elementary 552 700 730 1549 209 Meridian Middle School 1070 1250 800 1798 136 Meridian High School 17S9 207S 3343 2300 527 School of Choice Options Chief Joseph Elementary-Arts 498 700 N/A N/A Barbara Morgan STEM Academy 414 500 N/A N/A • Predicted#of students 83 generated from proposed development Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions in Section VII.B Water • Distance to Water Directly adjacent Services • Pressure Zone 2 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Complete plans for water must be reviewed by Engineering before final plat approval of any phase,the plans provided are not adequate for a full review. • See Public Works Site Specific Conditions in Section VILB Page 3 Page 161 Item#10. C. Project Area Maps Future Land Use Map Aerial Map ffeegend hAeaRt igh - ffL��egend IPrnje t Laca�an a n ` J`Prnject Laeafiar a.i...... Side 1 t y Hig - esidenfi I -Res `�..'q w C,.�nsi idrl<ntial $ _Ni # , . Medium ens,tyr %esidenf& Zoning Map Planned Development Map Legend _g T Legend 1 - fPrnje-! Umc nor f Prnjent Luc o'or I I C R:15 C-N +_ fi R-1 R- 5 — Pk3nned Pflroe', lM1 M1 R. - RUT ` V-C C-C RR it - R- A. Applicant: Airalea Newman,Insight Investment Partners—3005 W. Horizon Ridge Parkway, Ste. 141, Henderson,NV 89052 B. Owners: James Zeiter,Meridian 118,LLC—3005 W. Horizon Ridge Parkway, Ste. 141,Henderson,NV 89052 Page 4 Page 162 Item#10. C. Representative: JoAnn Butler,Butler Spink, LLP—967 E. Parkcenter Blvd., Ste. 313,Boise, ID 83706 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 2/1/2022 4/3/2022 newspaper Notification mailed to property owners within 300 feet 2/1/2022 4/4/2022 Applicant posted public hearing 2/5/2022 4/6/2022 notice on site Nextdoor posting 1/31/2022 4/5/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan and Ten Mile Interchange Specific Area Plan) Land Use: The Future Land Use Map(FLUM) contained in the Comprehensive Plan designates the northern 28.5+/-acres of this site as Medium-High Density Residential(MHDR);the northeast 21+/- acres as Mixed Use—Commercial(MU-COM); the southwest 20.5+/-acres as Mixed Employment (ME); and the southeast 45.5+/-acres as High-Density Employment(HDE). There is also a school site designated on the FLUM in this general area. This site is within the area governed by the Ten Mile Interchange Specific Area Plan(TMISAP). A school site is not included in the proposed development plan. The school district states they don't currently own a site in this area and don't have any prospects of land to purchase in this area at this time; if a developer desires to donate a site in this area,the school district would consider it. MHDR: MHDR designated areas should include a mix of relatively dense multi-family housing types such as row houses,townhouses, condominiums and apartment buildings and complexes with a density ranging from 8-15 units per acre with a target density of 12 units per acre. These areas should be located around or near more intensively developed areas such as Mixed Use—Commercial or Employment areas in order to provide convenient access to these activity and employment centers to the greatest number of residents. A mix of multi-family residential housing types consisting of townhomes, flats and garden style apartments is proposed to develop on the northern 40 acres of the development area which is designated as MHDR,ME,HDE and MU-COM on the FLUM.A gross density of 13.63 units/acre is proposed,which falls within the desired density range in the MHDR designated area. Because the existing ME,HDR and MU-COM designations abutting the MHDR designation on this site consist of less than 50%of the site,the Applicant proposes the MHDR designation apply to the entire 40-acre portion of the site as allowed in the Comprehensive Plan(see pg. 3-9). The proposed R-15 zoning encompasses approximately 12 more acres than is currently designated MHDR on the FLUM and 23+/-acres more than currently zoned R-40. See Pg. 3-6 in the TMISAP for more information on the MHDR designation. The proposed multi-family development is located in close proximity(directly to the north and west) to MU-COM,ME and HDE designated land which is proposed to and anticipated to develop with higher intensity commercial and employment uses. The proposed residential uses will provide housing options in close proximity to these uses with convenient pedestrian access between them, Page 5 Page 163 Item#10. which should reduce traffic in the area.This development will provide a transition between the higher intensity uses and existing single-family homes to the north in Baraya Subdivision. ME: The purpose of ME designated areas is to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas,light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments,primarily serving employees and users of the ME areas or nearby industrial areas, are allowed. ME areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises. ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. It's anticipated that buildings will range in height from 1-4 stories,have total floor areas of 10,000- 1,000,000 square feet, and that FAR will exceed.75. The ME designated area is intended to develop with a mix of flex uses of approximately 410,000 s.f., which may include office, light industrial and other uses, along with a 4 10,000 development eempe such as distribution and light manufacturing. Building heights will range from-2 1 to 4 stories. This area is located at the southwest corner of the development and abuts Mixed Employment designated land to the west and 1-84 to the south and will have access to a collector street as desired. Medium-high density residential uses are proposed to the north and high-density employment and commercial uses are proposed to the east with this application. The proposed M-E zoning encompasses approximately 8 more acres than is currently designated ME on the FLUM and 4 acres more than currently zoned M-E.See Pg. 3-11 in the TMISAP for more information on the ME designation. MU-COM: The purpose of MU-COM designated areas is to encourage the development of a mixture of office,retail,recreational, employment and other miscellaneous uses,with supporting multi-family or single-family attached residential uses. This designation requires developments to integrate the three major use categories—residential,commercial and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The MU-COM designated area is proposed to develop with a mix of uses including a vertically integrated residential project and commercial/retail uses. The proposed C-C zoning is located along the northern portion of the east parcel abutting the Mixed Use—Commercial designated property to the north at the entry to the development with access to a non-residential collector street as desired. High-density employment uses are proposed to the south and mixed employment uses are proposed to the west with this application. The proposed C-C zoning is approximately 3 acres fewer than is currently designated MU-COM on the FLUM and is 30+/-acres less than currently zoned C-C. See Pg. 3-9 in the TMISAP for more information on the MU-COM designation. HDE: HDE designated areas are recommended as predominantly office,research and specialized employment areas and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE areas are encouraged. HDE areas should provide a variety of flexible sites for small,local or startup businesses, as well as sites for large national or regional enterprises. They should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible,HDE areas should provide restaurants,lodging and other services in support of the employment uses. High Density Employment areas should be designed as compact urban centers rather than lower density suburban-style development. Buildings are anticipated to range in height from 1-6 stories,have total floor areas of 10,000-1,000,000 square feet with a FAR exceeding Page 6 Page 164 Item#10. 1.0. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. This area is intended to develop with non-residential uses such as a corporate campus,business and professional office space,research and development, and limited retail and service uses (approximately 380,000 square feet). The proposed H-E zoning is approximately 20+/-acres fewer than is currently designated HE on the FLUM but is only 1.6+/-acres more than currently zoned H-E. See Pg. 3-11 in the TMISAP for more information on the HDE designation. Overall,the development area associated with the MHDR designation has increased 23+/-acres with R-15 zoning,the ME designated area has increased 4+/-acres with M-E zoning,the MU-C area is 3+/-acres less with C-C zoning, and the HDE area is 20+/-acres less with H-E zoning. Because the FLUM is a guide and not parcel-specific, adjacent abutting designations,when appropriate and approved as part of a public hearing with a land development application,may be used with some exceptions(see pg. 3-9 Comprehensive Plan for more information). All of the changes fall within the guidance provided;therefore, Staff is in general support of the proposed development and zoning. Transportation: The Transportation System Map in the TMISAP depicts collector streets through this site that connect to S.Black Cat Rd.,W. Franklin Rd. and S. Ten Mile Rd., adjacent arterial streets. The collector street network depicted on the proposed development plan is generally consistent with the Transportation System Map(see pg. 3-18 in the TMISAP). The Street Section Map depicts Street Section D(residential collector) as being appropriate to serve the local access needs of residential, live/work, and commercial activities within a residential neighborhood or mixed-use residential area. f fit g.. Pawn W Street Section ❑ (Ww"cdamet The collector streets(i.e. Coral Reef Way& Sunset Point Way) in the multi-family portion of the development in the northern 40 acres of the development should be constructed in accord with this street section. Streetlights should be placed in the dry utilities corridor on either side of the street. The Street Section Map depicts Street Section C(major collector) as being appropriate to provide access from adjacent arterial streets(i.e. Black Cat,Franklin&Ten Mile Roads)into the employment area. Streetlights should be located in the tree lawn area and should be of a pedestrian scale. if ilk m , [aoe Wae Street Section C i " Curh•ro•nAdlstanu Page 7 Page 165 Item#10. The collector streets(i.e. Vanguard Way&Umbria Hills) in the commercial mixed-use area in the southern portion of the development should be constructed in accord with this street section with the following exceptions as required by ACHD: (3)travel lanes instead of(2); and 10-foot wide detached sidewalks/pathways instead of 6-foot wide detached sidewalks in lieu of on-street bike lanes. On- street parking is allowed along Vanguard Way between the Williams pipeline easement and the eastern boundary of the site as proposed. Design: The TMISAP emphasizes the quality of the built environment and includes recommendations on the location, scale, form,height and design quality of public and private buildings in the form of building placement, orientation, and massing;types and design treatments for building frontages; as well as recommendations for the incorporation of art in public and private projects. The design elements in the Plan are intended to serve as the basic framework on any given project within the Ten Mile Area. The primary components that the design elements address include: architecture and cultural heritage;building placement whereby build-to lines are identified; heights and step backs;the definition of a base,body and top; and frontage types. The proposed development should be designed in the accord with the TMISAP (see pgs. 3-31 thru 3-51). See the Application of the Design Elements table on pg.3-49 to determine specific design element requirements according to the associated FLUM designation.Future development applications should include the applicable design elements. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences."(2.01.01) The proposed multi family development will include a mix of apartments,flats and townhome-style units with choices between 1-, 2-and 3-bedroom units.A variety of amenities are proposed for different preferences. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) Several multi-use pathway segments are proposed within this development for interconnectivity between the residential and commercial and employment portions of the development and open space and site amenity areas. • "Encourage the development of high quality, dense residential and mixed use areas near in and around Downtown,near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map." (2.02.01 E) The proposed project provides high quality, dense residential units that complement and provide a transition between the commercial and employment areas to the south and the Page 8 Page 166 Item#10. single-family residential to the north and is located along I-84, a major transportation corridor. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed residential uses will provide housing options in close proximity to employment, shopping, dining and other commercial uses which should reduce vehicle trips and enhance livability and sustainability of the area. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) The proposed commercial and retail uses should provide supportive uses for the proposed employment area. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) A pedestrian circulation plan is included in Section VII.C.3 for the southern portion of the development and in Section VIII.D for the northern portion of the development which provides safe pedestrian connectivity throughout the development. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "Where feasible,encourage large transmission and pipeline utility corridors to function as transitional buffers,parkland,pathways, and gathering places within and adjacent to their right-of-way." (3.07.01E) The Williams pipeline crosses this site; within the easement, a landscaped common area with a meandering multi-use pathway and seating areas are proposed. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A SO foot wide landscaped street buffer is required to be provided along the southern boundary of the site adjacent to I-84;Staff recommends a berm is included in the buffer. • "Encourage the integration of public art as an integrated component with new development." (5.03.01B) Public art is proposed along the multi-use pathway in the center of the project, which will take the form of sculptures that create points of interest along the pathways and speak to the nexus of the region's heritage and its future. Page 9 Page 167 Item#10. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDC) A. Development Agreement Modification(MDA): The existing Development Agreement(DA)was approved with the annexation of the property in 2009 (Meridian Crossing AZ-09-008; Inst. #110115738); the provisions of such and the approved conceptual development plan and sample building elevations are included below in Section VII.A. The Applicant proposes a modification to the DA to amend and restate the DA with a termination of the existing DA.All property governed by the original DA will be governed by the amended and restated DA. A new conceptual development plan is included in Section VII.A.3 for the proposed development and new recommended provisions for the agreement are included in Section VIII.A.I based on the analysis of the project below and applicable UDC and TMISAP provisions. Some of the existing DA provisions that are still applicable are also recommended to be included in the amended and restated DA. B. Rezone(RZ): A rezone is requested of 7.06-acres from the C-C to the H-E zoning district; 17.38-acres from the C-C &H-E zoning districts to the M-E zoning district; and 40.33-acres from the R-40, C-C and M-E zoning districts to the R-15 zoning district; and 1.10-acres from the H-E to the C-C zoning district as shown on the zoning map exhibit in Section VII.B. A conceptual development plan and elevations are included in Section VII.A.3 and AA that shows how the site is anticipated to develop. All of these zoning districts currently exist on the site except for the R-15 district which is proposed to replace the R-40 district. The rezone proposes to reconfigure the boundaries of these zoning districts into more developable areas consistent with the proposed road layout and concept plan. The existing zoning consists of 27 acres of H-E, 25 acres of M-E, 16.83 acres of R-40 and 48 acres of C-C zoning. The rezone will result in 28.6 acres of H-E(an increase of 1.6 acres), 29.07 acres of M-E(an increase of 4.07 acres),40.33 acres of R-15 (an increase of 23.5 acres of residential) and 17.27 acres of C-C (a decrease of 30.73 acres)zoning overall. The proposed R-15 zoning is located on the northern 40 acres of the site,which abuts Baraya Subdivision and R-15 zoned single-family residential properties. Medium-high density residential uses are planned to the west and the property to the east is designated Mixed Use—Commercial. Mixed employment and commercial uses are proposed to the south with this application. A multi- family development containing 552 dwelling units at a gross density of 13.63 units/acre is proposed to develop in the R-15 zone. This development will provide a transition between mixed employment uses to the south and lower density single-family homes to the north. The residences proposed for this site will allow people to live and work in the nearby existing and planned commercial and employment areas in the vicinity,thus reducing traffic on area roads by allowing employees to walk or bike to work, shopping and services.Note: The existing R-40 and C-C Page 10 Page 168 Item#10. zoning districts allow a multi family development with a conditional use permit; however, Staff requested the Applicant rezone the overall area to a zone (i.e. R-15) that better represents the land use. The proposed C-C zoning is located along the northern portion of the east parcel abutting the Mixed Use—Commercial designated property to the north at the entry to the development with access to a non-residential collector street as desired. High-density employment uses are proposed to the south and mixed employment uses are proposed to the west with this application. Allowed uses in the C-C district should be larger scale and broader mix of retail, office,and service uses. This area is proposed to develop with a mix of uses including a vertically integrated residential project and commercial/retail uses. The proposed M-E zoning is located at the southwest corner of the development and abuts Mixed Employment designated land to the west and I-84 to the south and will have access to a collector street as desired. Medium-high density residential uses are proposed to the north and high-density employment and commercial uses are proposed to the east with this application. Allowed uses in the M-E district consist of offices,medical centers,research and development facilities, and light industrial uses with ancillary support services. This area is intended to develop with flex uses of approximately 410,000 s.f.,which may include office,light industrial and other uses, with a such as distribution and light manufacturing. The proposed H-E zoning is located along the southeast portion of the site adjacent to 1-84, in close proximity to Ten Mile interchange, as desired. Mixed employment uses are proposed to the west and commercial uses to the north with this application; l-84 borders the site on the south. Allowed uses in the H-E district consist of corporate headquarters, office complexes,research and development facilities and complementary services such as conference centers and hospitality uses with limited retail. This area is intended for non-residential uses such as a corporate campus, business and professional office space,research and development, and limited retail and service uses(approximately 380,000 square feet). Proposed Use Analysis: A variety of uses are proposed including a multi-family development, a vertically integrated residential project,retail, office, flex space,light industrial,research and development, and other uses; see UDC Tables 11-2A-2 and 11-2B-2 for allowed uses in the applicable zoning districts. Compliance with the dimensional standards listed in UDC Table 11-2A-7 and 11-2B-3 is required, as applicable. The proposed zoning and uses are generally consistent with the associated FLUM designations as discussed above in Section IV. C. Preliminary Plat(PP): The proposed preliminary plat consists of 8 building lots &6 common lots on I I5.26-acres of land in the R-15, C-C,H-E and M-E zoning districts for Vanguard Village subdivision. The subdivision is proposed to develop in four(4 5)final plat phases as shown on the revised phasing plan in Section VI.0 1. The first phase of the multi-family development on the north end of the site zoned R-15 is proposed to develop first with the M-E second,the second phase of the multi- family development third,the H-E fourth and the C-C zoned area last. The Applicant requests they are allowed to apply for building permits in the multi-family portion of the development prior to recordation of the final plat.The following condition is proposed,"Prior to applying for building permits,the following minimum items shall be completed: street signs are to be in place,the installation of sanitary sewer and water systems(with the water system being fully activated),a compacted road base capable of Page 11 Page 169 Item#10. supporting an 80,000 lb.fire truck shall be approved by design engineer,with written confirmation of such approval submitted to the Meridian Building Department." Staff is not in favor of allowing a Certificate of Zoning Compliance&Design Re applications to be submitted and building permits issued prior to recordation of the final plat as the necessary infrastructure for development,including roads,should be in place first and lots established for development. Therefore, Staff is not supportive of the request. The Applicant may submit a design review application(s)to finalize building design prior to recordation of the final plat. Existing Structures/Site Improvements: There are no existing structures remaining on this site. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the R- 15 zoning district in UDC Table 11-2A-7 and the C-C, M-E and H-E zoning districts in UDC Table 11-2B-3, as applicable. A minimum building setback of 10-feet is required in the multi- family portion of the development unless a greater setback is otherwise required,per UDC 11-4- 3-27B.1. Separation between buildings should comply with Building code. A reduced building setback from 20-to 14-feet is requested for the multi-family structures proposed along Sunset Point Way and Coral Reef. However, a recent code amendment(ZOA- 2021-0003) allows a reduction of the collector street setback to be granted for homes that front on a collector street when on-street and required off-street parking is provided(UDC Table 11-2A- 7);the required 20-foot landscape buffer easement is measured from back of curb and the dwelling setback shall not be less than 10-feet from the back of sidewalk along the collector street. Staff recommends the street sections for Sunset Point Way and Coral Reef are constructed consistent with Street Section D in the TMISAP(see pg.3-21),which requires 11-foot travel lanes,6-foot bike lanes,8-foot parallel parking,8-foot parkways and 6-foot wide detached sidewalks.The 20-foot wide street buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a.The building setback must be at least 10-feet from the back of sidewalk,which achieves the ultimate setback desired. This accomplishes the street-oriented design desired in urban environments for a more walkable neighborhood and creates a more consistent edge to the public space in accord with the TMISAP. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. The proposed subdivision appears to comply with these standards. Access(UDC 11-3A-3) Access is proposed to be provided from the northern boundary of the site from W. Franklin Rd. via S. Sunset Point Way and S. Baraya Way and from the east from S. Ten Mile Rd. via the extension of Vanguard Way. Coral Reef Way, Sunset Point Way,Umbria Hills and Vanguard Way are all designed as collector streets in accord with the Master Street Map and the Transportation System Map in the TMISAP. Stub streets are proposed to adjacent properties for fixture extension. Streets: Sunset Point Way and Coral Reef Way should be constructed in accord with Street Section D(residential collector street) in the TMISAP,which requires (2) 11-foot travel lanes, 6- foot bike lanes, 8-foot parallel parking, 8-foot parkways and minimum 6-foot wide detached Page 12 Page 170 Item#10. sidewalks (see pg. 3-21 and 3-23). Streetlights should be placed in the dry utilities' corridor on either side of the street. The plat should be revised consistent with Street Section D. Vanguard Way and Umbria Hills should be constructed in accord with Street Section C (major collector street)in the TMISAP,which requires (2) 11-foot travel lanes, 6-foot bike lanes, 8-foot parkways with streetlights at a pedestrian scale and minimum 6-foot wide detached sidewalks (see pg. 3-20, 3-22, 3-23). The Applicant proposes a modification of the street section with(3) 11-foot travel lanes, on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot wide parkways and 10-foot wide detached sidewalks/pathways in lieu of bike lanes,which is required by ACHD. Staff is supportive of this change. All streets should be constructed as complete streets as defined in the TMISAP(see pg. 3-19&3- 20). Pathways(UDC 11-3A-8): Ten(10) foot wide multi-use pathways are proposed on the site in accord with the Pathways Master Plan. One segment follows the Williams pipeline easement diagonally across this site; another segment runs along the southern boundary within the street buffer along I-84. The Park's Dept.has requested a pathway connection be provided between the Purdam Drain pathway and the pathway within the pipeline easement(see Section VIII.G). A 14-foot wide public use easement for all multi-use pathways shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3A-17): The UDC requires minimum 5-foot wide sidewalks to be provided adjacent to all streets with detached sidewalks along collector streets and attached or detached sidewalks along local streets. However,the guidelines in the TMISAP for the collector street sections(i.e.C and D) depict 6-foot wide sidewalks,which should be provided within the development at a minimum. Sidewalks,walkways and pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color,markings, materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg.3-28,Crosswalks). Pedestrian Circulation: A pedestrian circulation plan is included in Section VII.C.3 that depicts all sidewalks and pedestrian pathways planned throughout the site in accord with the TMISAP for mixed use areas. Parkways (UDC 11-3A-17): Parkways are recommended along all streets within the development in accord with the TMISAP, planted with street trees and landscaping per the standards in UDC 11-3B-7C. Landscaping(UDC 11-3B): Street buffers are required to be provided as set forth in UDC Table 11-2A-7. A minimum 10-foot wide street buffer is required along all local streets (i.e.Vantage Point Way,Vanguard Trail) in commercial districts.A 20-foot wide street buffer is required along all collector streets(i.e. Vanguard Way,Umbria Hills, Coral Reef Way and Sunset Point Way)—the buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a; the building setback must be at least 10-feet from the back of sidewalk in the R-15 district as set forth in UDC Table 11-2A-7. A minimum 50-foot wide street buffer is required along I-84, landscaped per the standards listed in UDC 11-3B-7C.3,which requires a variety of trees, shrubs,lawn or other vegetative groundcover(see updated code for specifics).A 20-foot wide street buffer,instead of a 10-foot wide buffer,is required along Umbria Hills, a collector street. One(1) Page 13 Page 171 Item#10. additional tree should be added within the street buffer along Umbria Hills (east) per the minimum standard. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. Class II trees shall be provided in parkways in accord with UDC 11-3A-17E; Class III trees may be considered if the parkways are widened to 10 feet—revise the landscape plan accordingly. Landscaping is required along all pathways per the standards in UDC 11-3B-12C.A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement. Mitigation is required for all existing trees 4"caliper or greater that are removed from the site in accord with the standards in UDC 11-3B-1OC.5. Mitigation calculations are depicted on the landscape plan in accord with UDC standards(i.e. 185 trees at 2.5 caliper inches each for a total of 462.5 caliper inches). The location of mitigation trees shall be depicted on a revised landscape plan submitted with the final plat application. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical Evaluation for the subdivision. Pressure Irrigation(UDC 11-3A-1�: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities (UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A-6): The Marvin Lateral runs along the west boundary of the site and the Purdam Drain crosses near the northeast corner of the site. If an easement for either of these waterways lies on this site, the easement(s) shall be clearly depicted on the plat.All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. Williams Pipeline: The Williams pipeline crosses this site diagonally within a 75-foot wide easement(Inst. #390283,#8018289,#8103052, and#8048122). Development within the easement should comply with the Williams Developers' Handbook. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7.No fencing is proposed on the landscape plan. D. Conditional Use Permit(CUP): A Conditional Use Permit is proposed for a multi-family development(i.e.Vanguard Crossing) consisting of 552 dwelling units with a mix of 3-story apartments and 2-story flats and townhome-style buildings ranging from 758 to 1,693 square feet(s.f.) on 40.33-acres of land in the R-15 zoning district. A 9,368 square foot single-story clubhouse is proposed with amenities along with two(2) other amenity buildings. Page 14 Page 172 Item#10. Nine(9) garden-style apartment buildings containing a total of 216 units and 51 flats and townhome-style buildings are proposed containing a total of 336 units with a mix of 1-,2-and 3- bedroom units. See site plan and associated exhibits in Section VII.D. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties.As noted above in Section V.C, if the required street buffers along the collector streets are placed in easements rather than common lots, setbacks can be reduced to 10 feet measured from back of sidewalk with streets constructed per Street Section D in the TMISAP. 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 plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks,and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-513-5 of this title. The floor plans all depict at least 80 sf. ofprivate usable open space(i.e.patios or balconies)for each unit except for Buildings 3, 5 and 6— Unit C's—the Applicant states these units will all have 84 sf patios on-grade. Floor plans for each unit should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site (see common open space exhibit in Section VII.D.5). 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. Page 15 Page 173 Item#10. 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) A leasing office, storage area, and a mail&parcel center are depicted on the clubhouse floor plan. The location of the directory and map of the development shall be noted on the site plan submitted with the Certificate of Zoning Compliance application. C. Common Open Space Design Requirements: 1. The total baseline land area of all qualified common open space shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5)acres or more.Based 40.33 acres of land, a minimum of 4.03 acres of common open space should be provided.A total of 8.99 acres is proposed in accord with this standard. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this standard. Although there are some irregular shaped areas, they are all directly accessible by pedestrians with high visibility; the majority of the areas are in compliance with these standards and the overall common open space is twice that required. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street.Proposed open space meets this standard. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development.Proposed open space meets this standard. 3. All multi-family projects over twenty(20)units shall provide at least one(1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway, are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand(5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints,it may be included elsewhere in the development. Several common Page 16 Page 174 Item#10. grassy areas are proposed in accord with this standard, which Staff believes is proportionate for the proposed development. b. Alternative compliance is available for these standards,if a project has a unique targeted demographic;utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas.Alternative compliance is not needed; the project meets the required standards. 4. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.All units contain more than 500 square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200)square feet of living area. 352 units contain between 500 and 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. 104 units exceed 1,200 square feet of living area. A total of 15 1,000 s f. (or 3.47 acres) of outdoor common open space is required to be provided per this standard and a minimum of 4.03 acres is required to be provided per the standard listed above in 11-4-3-27C.1 for a total of 7.5 acres overall.A total of 391,590 sf. (or 8.99 acres) is proposed in excess of the minimum requirement as shown on the exhibit in Section VII.D.S. 5. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty(20)feet.All of the common open space areas depicted on the open space exhibit in Section VII.F meet this requirement. 6. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in two phases; common open space is proposed in each phase in accord with UDC standards for the size and number of dwelling units. 7. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four(4)feet in height,with breaks in the berm or barrier to allow for pedestrian access. The common open space exhibit in Section MY includes common open space along collector streets; however, the minimum standards for open space are met internal to the development.A berm or a constructed barrier at least 4 feet in height with breaks in the berm or barrier to allow for pedestrian access should be provided within the collector street buffer along Vanguard Way. 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. Page 17 Page 175 Item#10. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2)separate categories. b. For multi-family development between twenty(20) and seventy-five(75)units,three (3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Based on 552-units, a minimum of 4 amenities are required.Amenities are proposed as follows: a clubhouse with a swimming pool, hot tub and cabanas; an outdoor kitchen and dining area;fitness lounge, lawn games and firepit lounge;pickleball court; children's play area; dog parks; a smaller swimming pool,picnic shelter and fire pit lounge; art; pedestrian walkways; 10 foot wide sidewalks along the collector street(Vanguard); and Page 18 Page 176 Item#10. an amenity area with a BBQ lounge (see Exhibit 6 in Section VI.D below). Amenities are provided from all of the required categories. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping on all street facing elevations in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section V.B. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C,which requires a minimum 5-foot wide landscape strip along each side of the pathway planted with a mix of trees,shrubs,lawn, and/or other vegetative ground cover; a minimum of one(1)tree per 100 linear feet of pathway is required. Parking lot landscaping is required to be provided per the standards listed in UDC 11-3B- 8C. Staff recommends a minimum of one(1)tree be provided for every 8,000 square feet of common open space. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6. Based on 222 1-bedroom units and 330 2-and 3-bedroom units, a minimum of 993 off-street spaces are required with 552 of those being in a covered carport or garage. Off-street parking is required for the clubhouse and amenity building as set forth in UDC 11-3C-6B.1 for non-residential uses; based on 9,368 s.f. for the clubhouse and 1,800 s.f. for each of the amenity buildings, a minimum of 26 spaces are required. Between the residential units, clubhouse and two amenity buildings, a minimum of 1,019 off- street parking spaces are required with 552 of those being in a covered carport or garage. A total of 1,054 off-street parking spaces are proposed with 665 of those being covered spaces(470 garages/195 carports) in excess of UDC standards. Based on 1,054 parking spaces proposed, a minimum of 42 bicycle parking spaces are required to be provided; a total of 48 spaces are Page 19 Page 177 Item#10. proposed. Bicycle parking facilities should comply with the standards in UDC 11-3C-5C. Bike racks should be provided in central locations for each building and for the clubhouse. The Applicant's narrative states an additional 94 off-site on-street parking spaces will be provided for guests,which totals 129 additional spaced beyond those required. However,ACHD is requesting some turn lanes be provided which will reduce this number. Private Streets: The Fire Dept. has requested private streets are provided for addressing purposes of the multi-family units. All private streets should comply with the standards listed in UDC 11- 3F-4. The Applicant shall submit a private street application concurrent with the final plat application. Fencing:No fencing is depicted on the landscape plan for this development. All fencing should comply with the standards listed in UDC 11-3A-7 if proposed. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual(ASM� TMISAP): Conceptual building elevations were submitted for the proposed apartment, flat and townhome- style multi-family and clubhouse buildings as shown in Section VII.D.7. Undated Rbuilding materials consist of vertical and horizontal hardie plank siding in light gray,and green and colors; stucco in dark gray and off-white colors; and vertical western red cedar siding with cedar posts and beams and asphalt shingles. Per the TMISAP for MHDR designated areas,the design of residential buildings should incorporate street-oriented and human-scale design and be located as close to the property line as possible to create a consistent edge to the public space and make streets more friendly and walkable. The closest the structures are allowed to be per UDC Table 11-2A-7 is 10-feet from the back of sidewalk as proposed in the cross-section below with the collector street buffer placed in an easement. TYPICAL CROSS SECTIONr, Structures should incorporate traditional neighborhood design.Front porches with parking behind the buildings are desired. Streetscapes with landscaped parkways with trees between curbs and sidewalks,street furniture and view corridors are key.Primary facades should include an entry into the building; entries should be located so as to provide direct access from adjacent public spaces, streets and activity areas as proposed.Where primary facades face a designated public space and another faces a parking area designed to serve that structure such as proposed,both facades should be designed and detailed as primary facades and both should have prominent usable entries. The space between a building facade and the adjacent sidewalk should be landscaped with a combination of lawns,groundcover,shrubs and trees.Mostly attached low-rise buildings of 1- 3 stories are recommended as proposed. -B ildirgs should be designed with elear-•,delineated bases bodies a-adtops (see pg. 3 39). Page 20 Page 178 Item#10. Landseaped buffeFS should be pFovided between the PFOposed development and the existing single family development to the HOF . Ground floor elevations should be 18 to 24 inches above sidewalk grade with individual units opening directly onto adjacent rights-of-way with stoop frontage.Pitched roofs should be symmetrical hips or gables with a pitch between 4:12 and 12:12 and have an overhang of at least 12 inches. Public art in a high quality of design should also be provided in shared spaces and incorporated into the design of streetscapes. The proposed conceptual elevations are not approved.Final design must comply with the design standards in the Architectural Standards Manual(ASM) and the design guidelines in the TMISAP for the MHDR designation(see the matrix for Application of the Design Elements on pg.3-49).A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications.Note:Any variations from the design standards in the ASM should be requested through a design standard exception as detailed in the ASM with the Design Review application. VI. DECISION A. Staff: Staff recommends approval of the requested DA modification,rezone,preliminary plat and conditional use permit per the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on March 17,2022. At the public hearing,the Commission moved to recommend approval of the subject RZ, PP and CUP requests. 1. Summary of Commission public hearing_ a. In favor: JoAnn Butler,Deb Nelson, Garret Scott,T.J. Winger b. In opposition:None c. Commenting. None d. Written testimony: JoAnn Butler,Applicant's Representative e. Staff presenting_application: Sonya Allen f. Other Staff commenting on application: None 2. Ke. ids)of public testimony a. The Applicant requests a couple of alternatives to the design guidelines in the TMISAP pertaining to roof pitches and front stoops in the multi-family portion of the development. The plan calls for roof pitches ranging from 4:12 to 12:12;the Applicant requests the allowance of a lower pitch for the community clubhouse amenity buildings of 2:12 and for the townhome garages of 3:12 to allow larger windows with lower sills at the second level. Front stoops are desired in the Plan for buildings that face public streets of 18"to 24"above grade; due to concerns pertainingtpliance with ADA requirements,the Applicant proposes patios instead with railings that frames off the entrances that are covered by the above balconies. b. In favor of the roof pitches and front porches proposed in lieu of stoops for sense of place within the communitopinion that they meet the intent of the guidelines.—TJ Winger(part of the architecture team for this project). 3. Key issue(s)of discussion by Commission: a. The Applicant's request for lower roof pitches for certain structures; and for front stoops to not be required per the design guidelines in the Plan; b. Preference for more commercial to develop first rather than residential to create more .Jobs 4. Commission change(s)to Staff recommendation: Page 21 Page 179 Item#10. a. The Commission was supportive of the Applicant's request for lower roof pitches in the multi-family portion of the development(i.e. 2:12 on amenity buildings and 3:12 on townhome garages) and for the design guideline pertaining to front stoops to not be required. 5. Outstandingissue(s)ssue(s) for City Council: a. If Council agrees with the Applicant's request for lower roof pitches for certain buildings and for covered front patios to be provided instead of stoops,it should be memorialized in the DA. C. The Meridian City Council heard these items on April 19,2022.At the public hearing.the Council moved to approve the subject MDA, RZ. PP and CUP requests. 1. Summary of the City Council public hearing: a. In favor: JoAnn Butler,Deb Nelson, Garret Scott,T.J. Winger b. In opposition:None c. Commenting: None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Desire for xeriscape landscaping to be provided around commercial buildings in areas where landscaping isn't required per UDC standards: b. The lower roof pitches and front patios instead of stoops requested by the Applicant: 4. City Council change(s)to Commission recommendation: a. City Council approved the Applicant's request for lower roof pitches for certain buildings as specified and front patios instead of elevated stoops in the multi-family portion of the development. Page 22 Page 180 Item#10. VIL EXHIBITS A. Development Agreement(DA)Modification 1. Existing DA provisions(Planning Dept. only): 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner shall develop the Property in accordance with conditions identified in Exhibit B of the staff report for the hearing date of December 8, 2009,which Exhibit B of the staff report is a portion of Exhibit B attached to this Agreement. EXHIBIT B: AGENCY&DEPARTMENT COMMENTS On September 24, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks Department, and Sanitary Service Company. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The legal description and exhibit map for the area contained in the proposed annexation submitted with the application (stamped on August 26, 2009, by Michael Marks, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit Q. 1.2 A Development Agreement(DA)will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office within one year of Council approval to initiate this process. Currently, a fee of$303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. An encroachment permit is required for any improvements proposed within the pipeline easement.A copy of the executed encroachment agreement shall be submitted to the City prior to issuance of any Certificate of Zoning Compliance for this site.Uses such as daycares, schools,hospitals,assisted living facilities, etc. where occupants are not able to leave the area quickly in case of an emergency, are discouraged in the vicinity of the pipeline. b. Street buffer landscaping, internal parking lot landscaping, landscape buffers to adjoining residential uses, and mitigation for existing trees 4-inch caliper and larger that are removed from the site,will be required with development of this site and shall be installed in accordance with City of Meridian ordinances in effect at the time of development. c. Development of this site shall be consistent with the concept site plan shown in Exhibit A.2 and the concept pictures shown in Exhibit A.3. Further,future development shall be consistent with the vision of the Ten Mile Specific Area Plan, the Design Manual, and City of Meridian ordinances in effect at the time of development. Page 23 Page 181 Item#10. d. Development in the R-40 district shall be consistent with the overall density and development standards contained in the Ten Mile Interchange Specific Area Plan for Medium High Density Residential(MHDR)designated areas. e. Development in the C-C district shall be consistent with the development standards contained in the Ten Mile Interchange Specific Area Plan for Mixed Use Commercial (MUC) designated areas. Uses within the C-C district shall be comprised of a mix of uses(i.e. office,retail,recreational, employment, and other uses, including residential uses) as defined in the Ten Mile Interchange Specific Area Plan. f. A 10-foot wide segment(s)of the City's multi-use regional pathway system shall be constructed on the site in accordance with the Master Pathways Plan in the general locations noted on the plan included in Exhibit A.4; exact location of the pathways shall be determined by the Planning Department and Parks Department at the time of development. Said pathway shall be primarily located within the pipeline easement and provide connectivity to the planned pathway in Baraya Subdivision at the northwest corner of the site. Pathway stubs shall be provided at the west boundary further to the south and to the east boundary on the north end of the site for connectivity with future segments of the pathway. g. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future uses on the site to ensure compliance with the Unified Development Code, Ten Mile Interchange Specific Area Plan, Comprehensive Plan,Design Manual, and provisions of the development agreement contained herein,prior to issuance of building permits for any structure(s)within this site. Link to complete Development Agreement(Inst. #110115738): hgps://weblink.meridiancity.org/WebLink/DocView.ay x?id=76898&dbid=0&redo=Meridian City Page 24 Page 182 Item#10. 2. Existing Approved Conceptual Development Plan&Elevations: PARCEL A-1 _ _ PARRCEL 0-8 r. .�. PARCEL M8 _. w PARCEL M 1 e_ q PARCLLOI -k""T' PARCELM-7 - _ 2 PARCELO. PALM-2&�M� __ ... .�. ... m«i. PARCEL 0-3 _ — PARK RESTAURANTA P_A_RCEL O� .s P_A_RCELM-0 a� PARK RESTAURANTS �� r .j5 PARK RESTAURANTC PARCEL 0-5 , PARCEL M-5 PARK RESTAURANT O YY PARCEL O£ — -- BOUTIQUE RETAIL �— -0 PAR GEE O-7 _ I i R � n5 1 A�" ' p Page 25 Page 183 Dm @R & Proposed Conceptual Development Plan \- \/OL �� !< � % \ . � � �� | ■ ■ � JA � 2 � ■ @-A � � %, ■ �� . f- ■ A ■•�e��@ � �.��@� � � �„4 �;�%u !% �•�s��-- � m% e■�■, ■.,$ - -® �.@•,■� �� .. �f �a■ 1.94 Page 2 �7�k 4. Proposed 1 1 Building 1s/Design K77We 77 - T Examples 1 Use Commercial/Retail1 Jur r � PRODUCT CONCEPT STUDY Examplesof Vertically Integrated Residential Design Item#10. tFF. A Aw I` i M-E PRODUCT CONCEPT STUDY Examples of Mixed Employment Design r. 00 00 . �• tI p� I � �. .zs L ;� � it�• j� - ."': Yam RWIF -7 Oil . i.= ot WE PRODUCT CONCEPT STUDY Examples of High Density E[nploymcnt Design Page 28 Page 186 Item#10. B. Rezone—Legal Descriptions & Exhibit Maps -- =q8 - JE z LJ LU a � a o o o a�r y a H o o h a o sa b 7 ®Z�MG EYHIBIT y7 � L3.00 Page 29 Page 187 Item#10. EaT-O ENGINEERS Project No: 190580 {late.December 15,2021 Page 1 of 1 MERIDIAN 118 H-E ZONING A parcel of land located in portions of the NE1/4 of the SW1/4,and the NW114 of the SE114,of Section 15,Township 3 North, Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Center East 1/16 Corner of said Section,from which the Center 1/4 Corner of said Section bears N.69°14'39"W., 1321.43 feet;thence along the east boundary of said NW1/4 of the SE114, A) S.00°33'33"W.,419.50 feet;thence, B) S.681120'35"W.,422.37 feet;thence, C) 5.06°13'49"W.,104.18 feet to the POINT OF BEGINNING,thence continuing, 1) 5.06013'49°W.,46.04 feet to the beginning of a tangent curve;thence, 2) Southwesterly along said curve to the right,having a radius of 125.D0 feet,an arc length of 96.48 feet,through a central angle of 44°13'28"and a long chard which bears 5.28120'33"W., 94A1 feet;thence tangent from said curve, 3) S.50°2717"W.,698.92 feet;thence, 4) N.39032'45"W., 589.58 feet;thence, 5) N.66°0605"E.,97.09 feet to the beginning of a tangent curve;thence, 6) Northeasterly along said curve to the right,having a radius of 1000.D0 feet,an arc length of 430.30 feet,through a central angle of 24139'16"and a long chord which bears N.78'25'43"E.,426.99 feet;thence tangent from said curve, 7) 5.89°14'39"E„456.97 feet to the POINT OF BEGINNING, CONTAINING:7.06 acres,more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738,Official Records of Ada County, Idaho. P� 13765 OF 1�F 332 N.Broadmore Way Nampa.ID8369�I P:208.442.6300.to•engineers_tom MJR�,� Page 30 Page 188 Item#10. ©2024 T-O ENG1yEERS.THIS INSTRUMENT LS THE PROPERLY OF T-0 ENGINEERS.ANY REPRODUCTION,REUSE OR%WIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF T-0 ENGINEERS IS STRICTLY PROHISITE I EXHIBIT SKETCH- H-E ZONING LOCATED IN PORTIONS OF THE NEI 4 OF THE SWI/4 AND THE NW114 OF THESE 1/4 OF SECTION 15,TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2Q2t LINE TABLE CW1116 N89'14'51"W C114 BASIS OF BSARINGS .�_ N89'14'39"W 1321.43' CE1116 LINE BEARING DISTANCE 1322-76' _ -- 0 L1 SO6'13'49"W 104.18' m a L2 S06'13'49"W 4-6.04' 3 (C-Q L3 N66'06'05"E 97.09' n I� I rry Id a LEGEND POINT OF ssa 2o'35"w 422.37' BEGINNING _ -- NEW ZONE BOUNDARY \ C2 _ o- S89'14'39"E - r 455.97' -- - EXISTING ZONE BOUNDARY V3 V I a RECORD ANGLE POINT �`SECTION LINE 51 2 1 5427850 H-E (GC] EYISITING ZONING \ 7.06 Ac. /oyL S1215427850 ASSESSOR'S PARCEL No. (H-E) �5�� !1 t16 (H-E NOTES 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS INCLUDED IN THE DEVELOPMENT AGREEMENT RECORDED AS INSTRUMENT No.110115738, +Vzr+tsTnTl OFFICIAL RECORDS OF ADA COUNTY, IDAHO. B-f - 2. THE PARCEL SHOWN WILL BE REZONED FROM U 150, 30V 600, C-C TO H-E. LA p �S CURVE TABLE CURVE RADIUS LENGTH I DELTA BEARING CHORD 4 �]/6j '� T-O E N G 1 N E E R S s 1 z�A',a C1 125.00' 96.48' 44'13'28" S28'2V33"W 94.11' 2 332 N.BROADMORE WAY OF ��! NAMPA,IDAHO 83687 C2 1000,00' 430.30' 24'39'16" N78'25'43"E 426.99' pQe 4�� PHONE:(206)442-6300 WWW.TO-ENGINEERS.COM Q'M A1- E-FILE:190580,M ZONING H-E DATE.1211P2021 JOB:I MMO Page 31 Page 189 Item#10. T 0 ENGMEERS Project No: 1905W {date: December 15,2021 Page 1 of 2 MERIDIAN 110 M-E ZONING A parcel of land located in portions of the NE114 of the SW1/4 and the NW114 of the SE1/4,of Section 15,Township 3 North,Range 1 West.Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows; COMMENCING at the Center 1/4 Corner of said Section 15,from which the Center East 1116 Corner of said Section bears S.89°14'39"E.,a distance of 1321.43 feet;thence,along the north line of said NE114 of the SW114, A) N.89°14'51°W.,291.63 feet to the POINT OF BEGINNING,;thence, 1) 5.39"31'08"E.,747.95 feet to the beginning of non-tangent curve;thence, 2) Southwesterly along said curve to the left,having a radius of 1000.00 feet,an arc length of 185.66 feet,through a central angle of 10°38'16"and a long chord which bears S.71°25'13"W., 185.40 feet;thence tangent from said curve, 3) S.66°0605"W.,231.67 feet to the beginning of a non-tangent curve;thence, 4) Southwesterly along said curve to the right,having a radius of 750.00 feet,an arc length of 322.73 feet,through a central angle of 24°39'16"and a long chord which bears 5.78°2543°IN, 320.24 feet;thence tangent from said curve, 5) N.89"14'39"W.,51.86 feet;thence, 6) S.00045'21"W.,393.63 feet to the north right-of-way of Interstate Highway 84; thence along said right-of-way, 7) N.81'24'57"W.,352.28 feet;thence, 8) N.85023'09"W.,21.65 feet;thence departing said north right-of-way, 9) N.09028'05"E.,86.37 feet to the beginning of a tangent curve,thence, 10)Northeasterly along said curve to the right,having a radius of 150.00 feet,an arc length of 107.30 feet,through a central angle of 40°59'02"and a long chord which bears M.29°57'36"E., 105.02 feet;thence tangent from said curve, 1 332 N.Broadmore Way'Nampa-I0 83687 R 208442 6300 to-engineefs.ram Page 32 Page 190 Item#10. T-G ENGINEERS Project No:190580 Date: December 1.5,2021 Page 2 of 2 11)N.50027'07"E., 357.09 feet;thence, 12}N.39°3245"W.,918.69 feet to beginning of a tangent curve;thence, 13)Northwesterly along said curve to the right,having a radius of 150.00 feet,an are length of 39.04 feet,through a central angle of 14'54'48"and a long chord which bears N.321,05'21'W., 38.93 feet to the north boundary of said NE114 of the SW114,from which point the Center West 1/16 Corner of said Section bears N.891114'51'W.,a distance of 115.16 feet;thence, 141 5.89°14'51"E.,915.97 feet to the POINT OF BEGINNING. CONTAINING.17,38 acres,more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as instrument No. 110115738,Official Records of Ada County,Idaho. N I& 13765 0 �rf O F%Opp A �0'MALti� 2 332 N_Braadmam Way Nampa.M 83687 P'208_4-42.62CK) to eng,neers.eom Page 33 Page 191 Item#10. ©Z021 T-O ENGINEERS.THIS INSTRUMENT IS TI-E PROPERTY OF T-O ENGINEERS.AKY REPRODUCTION,REUSE OR VOOIFICAPON OF Tn151NSTROMENT OR ITS CONTENTS'MTHOUT SPECIFIC WRITTEN PERMISSION OF T-O ENGINEERS IS STRICTLY PRCHIBITEI EXHIBIT SKETCH-WE ZONING LOCATED IN PORTIONS OF THE NEL4 OF THE SW V4 AND THE NW11L OF THE SE1/4 OF SECTION 15.TOWNSHIP 3 NORTH,RANCE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2021 CW1116 L5 _ S89'14'51"E 915.97' N89'14'51"W C1I4 BASIS of BEARINGS -�--- - - __ S89'14'39"E 1321.43' CE1116 POINT OF_/,"V 291.63' --- --- ----�fl BEGINNING S \` (C-C) Q' 150' 300' 600' S1215427850 M-B \ SCALE:1-300' 17.38 AG. {C-C) LEGEND t A E3{ `� � (H-E) � -" NEW ZONE BOUNDARY a 1 k �� �1\\ EXISTING ZONE BOUNDARY r / 1376/5 ��0 --- SECTION LINE i°r t di br �o �y0 0 i a RECORD ANGLE POINT lF OF I {N!-E) EXISITING ZONING D8O'MA1LF lo ( E) M 51215427850 ASSESSOR'S PARCEL No. P o 1 I u) L _ss NOTES N8r�457»W 1�1r.k'4"iLM4 - 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS INCLUDED IN THE DEVELOPMENT AGREEMENT LINE TABJ21.65' CURVE TABLE RECORDED AS INSTRUMENT Na.110115738, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. LINE BEARING DISTANCE CURVE RADIUS LENGTH DELTA BEARING d 2. THE PARCEL SHOWN WILL 8E REZONED FROM L3 S66'06'05"W C1 1000.00' 185.66' 10'38'16" S71'25'13"W C-C AND H-E TO M-E. L2 N89'14'39"W C2 750.00' 322.73' 2439'16" S78'25'43-W L3 N85'23'09"W C3 150.00' 107.30' 40'59'02" N29'57'36"E T-© ENG1NEERS L4 N0928'05"E C4 150.00' 39.04' 14'54'48" N32'05'21'W 332 N.BROADMORE WAY mmmilmmmmmimm NAMPA,IDAHO 83687 L5 N89-14-51"W PHONE:11208)442.6300 WWW.TO-ENGINEERS.COM E-FILE.19M-v-x8 ZONING -E DATE.17J15,2021 JOB7 145N Page 34 Page 192 Item#10. T-D ENSIrYEER5 Project No: 190580 Date: December 15,2021 Page 1 of 1 MERIDIAN 118 R-15 ZONING A parcel of land being all of the SE114 of the NV11114,of Section 15,Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: BEGINNING at the Center 114 Corner of said Section 15,from which the Center East 1116 corner of said Section bears S.89°14'39"E.,a distance of 1321.43 feet:thence along the south boundary of said SE114 of the NW114, 1) N.89°14'51"W. 1322.76 feet to the Center Vilest 1116 Corner of said Section;thence along the west boundary of said SE114 of the NW114, 2) N.40°39'49"E. 1328.76 feet to Northwest 1/16 Corner of said Section,thence along the north boundary of said SE114 of the NW114, 3) 5.89015'14"E. 1321.52 feet to the Center North 1116 Corner of said Section,thence along the east boundary of said SE114 of the NW114, 4) S,OT36'37W,1328,91 feet to the POINT OF BEGINNING. CONTAINING:40.33 acres„more or less. 'Bearings and distances are based on the record zoning descriptions included In the Development Agreement recorded as Instrument No.110115738,Official Records of Ada County, Idaho. TO a I 765 fl �a qr�OF 101� 1 332 R Binanmore Way Nampa.ID B3687 P.208.442.630b i to-engineerc,crn), Page 35 Page 193 Item#10. ©2021 T-OENGINEERS.TH€S INSTRUMENTIS THE PROPERTY OF 7-0 ENGINEERS,ANY REPRODUC11014,REUSE OR NIGOFICAIION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC}VRITTEN PERMISSION OF 7-0 ENGINEERS IS STRICTI-Y PRONEITE! EXHIBIT SKETCH-R-15 ZONING ALL OF THE SE114 OF THE NW114 OF SECTION 15.TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2021 NW1116 S89'15'14"E 1321.52' CNN16 LEGEND NEW ZONE BOUNDARY 1 •� I - - EXISTING ZONE BOUNDARY ISECTION LINE I n RECORD ANGLE POINT I I (P-40) I (M-E) CALCULATED POINT 81215244200 ASSESSOR'S PARCEL No. �I � I- I p� I S1215244200 . N I,I R-15 IM NOTES m+ 40.33 Ac. rrl I n n 1. ALL BEARINGS AND DISTANCES SHOWN ARE oM I n BASED ON RECORD ZONING DESCRIPTIONS ZI (M-E) Io INCLUDED IN THE DEVELOPMENT AGREEMENT �^ RECORDED AS INSTRUMENT No.11011S738, I OFFICIAL RECORDS OF ADA COUNTY, IDAHO. 2. THE PARCEL SHOWN WILL BE REZONED FROM R-40, M-E, AND C-C TO R-15. (C-q I % F � 1 Cw1116 N89'14'b1"W 1322.76 Cva 5BS'14'39"E 1321.43' CE1116 ® pxk�,L AN � N•S 9 fi d 13765 p 0 T-O ENGINEERS 0' 150' 300' 600' s lZ/` l O r 332 N.BROADMORE WAY SCALE:1"=3OC' �lF OF NAMPA,IDAHO 83687 ��8O'MA� � PHONE:�208)442-6300 WWW.TO-ENGINEERS.COM E-FILE:19QS8QVM6 20NING R tS PATE.IV0202+ JOB'.1WMO Page 36 Page 194 Item#10. T-O EhAGINEERS Project No:190580 Date: December 16,2021 Page 1 of 1 MERIDIAN 118 C-C ZONING A parcel of land located in a portion of the N1N114 of the SE114 of Section 15.Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,being more particularly described as follows. BEGINNING at The Center East 1116 Corner of said Section 15,from which the Center 114 Corner of said Section bears N.89°14'39"K, 1321.43 feet;thence,along the east boundary of said NWI/4 of the S EV4, A) S.00`33'33W,419.50 feet to the POINT OF BEGINNING;thence continuing along said east boundary, 1) S,OY33'33"W., 121.49 feet;thence leaving said east boundary, 2) N.89°14'39"W.,432.35 feet;thence, 3) N.06°13`49"E.,104.18 feet;thence, 4) N.88°20'35"E.,422.37 feet to the POINT OF BEGINNING. CONTAINING: 1.10 acres,more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738,Official Records of Ada County, Idaho. _ r r•` J 4 EHS CIA 13765 4r OF AS O'MAt-�- 1 332 dd.5roadmore Way Nampa.1D B3687.P•20$_442.63W;tQ engineers.corn Page 37 Page 195 Item#10. ©2021 7-0 ENGINEERS.THIS INSTRUMENT IS TFE PROPERTY OF T-0ENGINEERS ANY REPRCOUCTION,REUSE ORMODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF T-0 ENGINEERS IS STRICTLY PROHIBITEI EXHIBIT SKETCH-C-C ZONING LOCATED IN A PORTION OF THE NWV4 OF THE SE114OF SECTION 15.TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN ADA COUNTY,IDAHO 2C21 Cw1l1 s y N89'14'51"W T 322.78'J� c114 _ BASIS OF BEARINGS--- L-- --- _--_ o --- N BASIS 4'39"W 1321.4 CE3I16 p ul LINE TABLE LINE BEARING DISTANCE A rC CJ I M L1 SOO'33'33"W 121.49' L2 N06'13'49"E 1D4.18' o' 150� 3oa, 6Go, POINT OF SCALE:1"=300' BEGINNING _N88-20'35"E 422.37'Y S1z15427850 cli LEGEND C-C J /C-C} 1 10 AG. -- NEW ZONE BOUNDARY 1 N89-14'39-W 432.35' EXISTING ZONE BOUNDARY --- SECTION LINE (N-E) I � RECORD ANGLE POINT I (H-E} E:XISITING ZONING S1215427B50 ASSESSOR'S PARCEL NO. NOTES p EN 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS INCLUDED IN THE DEVELOPMENT AGREEMENT 13765 am T-o ENGINEER 5 RECORDED AS INSTRUMENT No.1 1 01 1 57 38, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. o 2/I fpF ��p 332 N.BROADMORE WAY 2, THE PARCEL SHOWN WILL BE REZONED FROM �0 OF �y NAMPA.IDAHO 83687 H—E TO C—C. BQ' p1_�- PHONE:(208)442-63DO WWW.TD-ENGINEERS.COM E-FILE:190560-V-88 ZONING" DATE:IV1=1 J00-IWD Page 38 Page 196 Item#10. C. Preliminary Plat 1. Preliminary Plat&Phasing Plan(REVISED) (date: 11/17/2021) I I VANGUARD VILLAGE OUDIVISIOH .� IF 00 g( i Q e j EIIIHIV " '9 .a-9 Fes+ {-wr.. tt F 1b 14 � O I Mwl � �Fi I�Pot&�-4� 4-A'-wht10rav ••• P Q U - r �ro nwc c fyll - e mac. E 7 co 0 ID I � ,♦ I I Eli I ® II E I I A -- Page 39 Page 197 Item#10. A ♦\ 54� z \\\ g t ®i431 w I � fI g '� \ \ II YifB-•.Xw a_ay...ue..xr� g J O 9 Cr�i2 ssE xserns — 3z'6"- w v a ���y - HN E I :E m s w' ", f § L gzo -_—. __-�-1--------------.,-„ O In § Ed Ed 7 O C1.3 Page 40 Page 198 Item#10. ® O �56 n U i 7 �` -- _ -- —_------- ; g pl I — —————— O n � g ————————————————— �I Iw i \ - e W coo ® ❑ W 00 s 3�i r ___y1 ----------------- 0 C1.4 p ass z 0 z i rc u � v J og � J h a > o ¢ , 5 z < W SUNSETT�W anQ C2.3 Page 41 Page 199 Item#10. �I IS �esi s 1444 4 v LLW �mo(v � z = C2A Updated: TYPICAL CRO55TYPICAL SECTION Page 42 Page 200 Item#10. _ l El LU T s < Z 2z - ___`--- I.L C7.1 Page 43 Page 201 Item#10. 2. Landscape Plan (date: 2/13/2022) `[' � I e- xl i'��• m p� VANGGUARD WAY a.w 9 ..«...,..,»..,��,.M..�„fl,...,......�.� -X- 14 0 SHEET INDEX O a _ iv uanscwFr.LLwuncNs uYosc.wE ur�cuuncNs '� 4 R S Y Y i 7 • q, �'`fbfk -mi � � m Lz_oo Page 44 Page 202 Item#10. i GROUND MATERIAL SCHEDULE �eq L6.13 L6.14 �• @ �a SYMBOL SCHEDULE L6.11 f �\ L6.12 3'� r.�. +w a F L6.05 _ _ _ _ _ — — � I- tea.: Hid11IHO711 _ I - y L6.03 4 L w C7 awa¢ Q a L U J (7 V Z Ls.a2 0 �' L6.oa L6-07 uNNH�CIN H�e „_ z R40WHO L6 10 z ® ftALL—TING P— -- 4 f _ L6.00 Link to complete plan set: https:llweblink.meridiancitE.orglWebLinkIDocView.aspx?id=252515&dbid=0&repo=MeridianCiU Page 45 Page 203 Item#10. 3. Circulation Plan--Revised g ` o gt 3 e :$ - loom L S _ �w .r pINNNµ;UWM'1 T ud 13 g QNNNN�� 5, � 7❑ *Mw mom DINHhA41NINNN�Hf�y 41NNNNRn�A �d F WNHINWINNNw�: -- `. � VWI — tlNHINI�INNNb i� AUiENAL5 N108RE CIZ�11_4-JN PafI G 4 FL5.0 Page 46 Page 204 Item#10. A Conditional Use Permit 1. Site Plan (dated: 10/6/21) r z I i w i I � IYe PPU NGN�H E µmFl 0f1'PN PDWY w ❑ LLI Mf 4-1 L -- - --- -- --- —UARGWnr- EE,i 71E=I 1 17, Page 47 Page 205 Item#10. % CUP FOR LDK PROJECT VANGUARD AT 10 MILE MERIDIAN IDAHO 83642 VANrUAM ME PLM I w I I I'm.- Page 48 Item#10. 2. Phasing Plan-REVISED El El 66 F<-i s E M-F � LU 12 � < Z 2 D z i CIA Page 49 Page 207 Item#10. 3. Parking Calculations - Revised -t-.ached Parking non- tota nar Iota - otal.,rt Gar—colt: 16ed Parking 1.51unit covered covered 2.5 bed 2lunit cowered covered cmered covered Garden SP.'le 24 0 12 1& 6 12 12 24 12 12 1H 24 Building 3 6 L 2 3 1 2 4 6 4 4 5 6 Buildingb E S 4 6 2 4 4 8 4 4 6 S Building 5 8 :2 2 3 1 2 6 12 6 6 7 S Building 6 4 8 0 0 0 0 4 8 4 4 4 a Building 7 4 4 2 3 1 2 2 4 2 2 3 4 Required) Provded 1-1 Prodded "redred Non- Required "red Required Provid attadned .ld ed n Provided Provided P—ded PHas=1 Buildingtype No.d61�s Total Unit toed Covered Gwst AORStalli Bike ParkiN catered Carports covered ADA stalls Bike F.rking Garages ra Parks' Garden 6 144 109 144 0 3 11 66 55 66 .... 4 5 40 30 40 40 5 13 104 91 104 __- 6 3 LI 12 12 2� 3fifi 3M 30 156 TOTAL PHASE 1 1 296 366 37 14 1 35 1 264 474 14 40 Required) P—ided Provided Provided Requited NIXF Required "red Required Provided no Provided Provided Pr-.Id OWdingtype No.dhldgi total UnitLaaered OPutsEd Gwen AOA 5tal15 Bike Parking covered at d det�hed Carports C-ered SDA Salk Bid Pafki Ga �.rape5 ra Pafki' Garden 3 72 34 72 0 3 7 42 35 42 56 4 6 48 36 06 43 6 6 8 8 16 7 4 16 12 16 16 186 136 20 39 TOTAL PHASE 3 91 114 19 7 9 125 195 S Page 50 Page 208 Item#10. 4. Landscape Plan (dated: November 2021) SECTION 05 TREE SPECIES MIX TREES LINEAL FEET OFSTREET FRONTAGEEQ 5,495 SorosEoi TREE MITIGATION ALL EXISTING TREES REMOVED TO RE MITIGATED AT 1:1 RATIO NO EXISTING TREES ON SITE FOR REQUIRING MITIGATION PROPOSED TREE SPECIES MIX CONIFERIu9 TA— CLASS I-557 Treea II AMELIN HIERXGRAND=%QRA AUTDMNBRILLIANCE 75e CLASS II-162 Tree. I. CLASS Illu 157 Trees GRODONDRONTUUN ERAapx PROPOSED ICI I.. TREE KEY Q CONIFER CLA5511 •CLASSIII O p®p VANGUARD VILLAGE.I Meridian,ID I Condidoeal Use Permit I July 2021 GGLO l3 SECTION 05 TREE SPECIES MIX&ADDITIONAL DETAILS CLASS I CLASS II CLASS It[ COWERS E '✓ t s t ANE.H-hke,x grandifbra"Autumn Brlllianca' Setula nigra'Heritage GymnocladuS di0ic PinuafleAft Se iceberry ✓L—,Birch Kentucky Celfee Tree limb.,Pine Height:15-25' Height:35-50' Height:50-60 Height:40-W Spread:15-25' Spread:30-40' Spread:35-45' Spread:25-40' Water:Medium Water:Medium Water:Medlu,D Water.Medium MaiMenarva:Low Maintenance:Law Mantenance:tow Maintenance:Low lik AS—brvm Lidodendran tulipfiera Red Maple T.IIp Tree Height:35-45' Height:50-80' Spread:25-35' Spread:35.45' Water:Medium Water:Medium Maintenance:Low Maintenance:Law XANGUARD VIIAGE.I M.ridMR,01 rerditioml IlaaN—I JRIy M21 GOLD I Page 51 Page 209 Item#10. SECTION 07 I PLANTING ZONES assiosnriAr Qq YLIRL'ANr1$ AL.A1.INE S......S assioFnri FORESTED MOUNTAIN ■ ALRALIN€SHRU BEAN OS ' ■ GRASSY UPLAN05 17 TREASURE VALLEY NOTE Build ng elevations shown on these sections are for reference only and are not in—le.Please we architecture I section for proposed huiEding plans,elevations and sections. I I I SECTION X 'GlS FAS ENT y I I I I I I I I I I sEcrlorvx i I I � I � I I I I I I I I . GAS ErsEx€Rrr I I I I I x RESIDRNNAL AIRAIINE SHRVBSANM FORESTED MOUNTAIN r�;S u W I I I I SECTIONX I I I I GAS EASEMENT ' VANGUARD VILLAGE. Meridian,ID Conditional Use Permit J.Iy2021 GGLO L-fo Page 52 Page 210 Item#10. 5. Qualified Open Space- Revised SECTION 03 OPEN SPACE DIAGRAM ------------------------------------------------------------ PHASE S 1 L-J I ---�--I � � PHASE 3 p L_J It I 1 I QUALIFIED OPEN SPACE QUALIFIED OPEN SPACE CALCULATION MIN.AREA=4W SF,MIN.DIMENSION=20FT.{PER UDC 11-f-3-274 TOTALSREAREA=1,725.9735F ` PHASE 1 UNITS BETWEEN 5W SF 612W SF: 2]D UNITS IR 250 SF REG_OPEN SPACE)=67,500 SF I UNITS GREATER THAN 42M SF: .y Mt UNITS M 35aSF REO.OPEN SPACE}=36,60GSF TOTAL REG.OPEN SPATE=1 D1,1005F TOTAL OPEN SPACE PROVIDED=2T5,9785F RNA"a UNITS BETWEEN 5M Sr 312M SF: I 152 UNITS R 2503F REG.OPEN SPR.CF}=39,OWSF UNITS GREATER THAN 12M SF: R _ E4 UNITS J%35GSF REG.OPEN SPACEI=I1,90DSF - Y i j Y x TOTAL REG.OPEN SPATE 5F TOTAL OPEN SPACE PROVIDE MDD==11 115,]125F Y141.eLL�� FGR NCYATE OPEN SPACE CAICUWIDN SEE ARCHITECTURAL PROJECT DATA Add'a- Mender,ID Condi—a Du P—iE 1I-11.2021 GGLO L-3 Page 53 Page 211 Item#10. 6. Site Amenities SECTION 02 ILLUSTRATIVE LANDSCAPE PLAN -- SITE AMENITIES 1.COMMON CENTRAL AMENITY AREA WITH NATIVE GRASSES, MULTIPURPOSE TRAILS,SOCIAL GATHERING NODES AND SEATING )'LOCATED ATOP GAS EASEMENT.NO TREES OR FOUNDATIONS PERMITTED) 2.CLUB HOUSE AMENITY-SWIMMING POOL,HOT TUB,CABANAS AND PRIVACY FENCES 3.OUTDOOR KITCHEN&DINING 4.FITNESS LOUNGE 5.LAWN GAMES&F{REPIT LOUNGE 6.PICKLE BALL COURT 1.CHILDREN PLAY AREA lk� B.DOG PARKS 9.RESIDENTIAL AMENITY AREAS WITH SWIMMING POOL,PICNIC SHELTER AND FIRE PIT LOUNGE III, 10,ART&STORM WATER FACILITIES 11.PUMP BUILDING 111 12.RES IDENTIAL AMENITY AREA WITH PIAY AREA AND BBq LOUNGE 13.6-0-SETBACK(25 STREET SCA PE PLANTING+35'IRRIGATION EASEMENT) � ..F 1T 5'-0"MIN PARKING LOU PERIMETER LANDSCAPE STRIP itI 15.BUFFER PLANTING AT DIFFERENT LAND USES 16.COVERED PARKING 17,ADA PARKING 18.213'STREET BUFFER 19,S'RESIDENTIAL BUFFER 20.TRASH LOCATIONS(TYP.SEE IF&ARCHITECTURE SHEETS FOR TRASH ENCLOSURE DETAILS) F, Y �F1 L�RII r \. . � 21.SITE TRIANGLE (BP)BICYCLE PARKING(SEE PARKING CALCULATION ON CIVIL 5HEET5) it FFPMS.PARKING AND O0®0' SIFE. ION AREAS,I—S,STREEr FURNITU R E OA OTHERMAN-MADE ELEMENTSON VANGUARD VILLAGE.I Meridian,ID I Conditional Use Permit NDYnmb,,2021 GGLO L2 Page 54 Page 212 Item#10. 7. Building Elevations (dated: September 27,202 U March 9,2022) REVISED (NOT APPROVED) Link to complete plan set, including floor plans: https:llweblink.meridiancity.orb/WebLink/Browse.aspx?id=248842&dbid=0&repo=Meridia nCi MATERIAL LEGEND ■ m m aw E9 cx.cx.r m m ■ usnrw«rs 1B m ED m M oDEN,6UILQING MATERIAL LEGEND ■ wes REo srucco CEDAR DARK GRAY F-1 'I 'SHINGLES OFF WHITE AT GM�EN STYLE ARARTMENTE II 0 z�no.,o 3 ,e TOWN HOUSE-BUILDING 3 ELEVATIONS Page 55 Page 213 Item#10. MATERIA6LEGEND nwore A� M ■ ■ YACSrrRk R[➢ SrllC[G .uncrrs asr wkrre ar w�av�iMEx�isLe Z�sesa TOWN HOUSE BUILDING 4 ELEVATIONS MATERIAL LEGEND GR- - � r❑ Fdt ■ F-1 SR.R�PEs -E- APARTMENTS jot El F F 6 777 8 8 a�a�a TOWN HOUSE-BUILDING 5 ELEVATIONS Page 56 Page 214 Item#10. MATERIAL LEGEND �2 GREEN <� WE—RED —D _ -�� ceoaR oaix saav F-1 74 ,R ...„,.�,� sNwGLes i cnuo ry srvis w.:w"° AaaRiNENTE m-v y 21 MA Q Q Q 3j, TOWN HOUSE-BUILDING 6 ELEVATIONS MATERIAL LEGEND HANolE �G"G"l GREEN - -� ■eo sru■ ceonR oaaR Saar �m ""'T 'T...n�E aPaNT e ee e ® p [Ell El TOWN HOUSE-BUILDING 7 ELEVATIONS Page 57 Page 215 Item#10. CLUBHOUSE ELEVATIONS. -- -- - Q VERTICAL HARDIE PLANK SIDING-WOOD a Q VERTICAL HARDIE PLANK SIDING-BEIGE Q STONE VENEER BACK ELEVATION 0 PAINTED METAL TRIM HORIZONTAL SLAT SHADE Q CEDAR POSTS&BEAMS Q STANDING SEAM ROOFING -7 7 SIDE ELEVATION SIDE ELEVATION 27S-E-2- A801 CLUBHOUSE. FMffrSM %-,7w7 �SFPTEMBfA 2021 Avv` Page 58 Page 216 4 Item#10. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Development Agreement Modification: 1.1 The existing Development Agreement(DA) shall be terminated and a new amended and re- stated DA is required as a provision of the proposed modification which shall at a minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the site plan, qualified open space exhibit, site amenity exhibit,pedestrian circulation plan,preliminary plat,phasing plan, landscape plan and conceptual building elevations submitted with the applications contained herein. b. All future development, site design and building design shall comply with the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP) and the standards in the Architectural Standards Manual(ASM), as applicable. The City Council approved alternatives to the design guidelines in the TMISAP consisting of lower roof pitches of 2:12 for the community clubhouse amenity buildings and 3:12 for the townhome garages to allow larger windows with lower sills at the second level: and front patios with railings that frame off the entrances that are covered by the above balconies instead of front stoops due to concerns pertainingto o compliance with ADA requirements. c. An encroachment permit is required for any improvements proposed within the Williams pipeline easement.A copy of the executed encroachment agreement shall be submitted to the City prior to issuance of any Certificate of Zoning Compliance for this site.Uses such as daycares, schools,hospitals,assisted living facilities, etc.where occupants are not able to leave the area quickly in case of an emergency, are discouraged in the vicinity of the pipeline. All development within the Williams pipeline easement shall comply with the Williams Developers' Handbook. d. The street sections for Sunset Point Way and Coral Reef Way shall be constructed in accord with Street Section D(residential collector street)in the TMISAP,which requires 11-foot travel lanes, 6-foot bike lanes, 8-foot parallel parking, 8-foot parkways and minimum 6-foot wide detached sidewalks (see pg. 3-21 and 3-23). e. The street sections for Vanguard Way and Umbria Hills shall be constructed in accord with Street Section C(major collector street)in the TMISAP with a modification that allows (3) 11-foot travel lanes, on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot parkways and detached 10-foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale (see pg. 3-20, 3-22, 3-23). f. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color,markings, materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg. 3-28, Crosswalks). g. Development in the R-15 district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for Medium High Density Residential(MHDR)designated areas. h. Development in the C-C district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for Mixed Use Commercial(MU-COM) designated areas. Page 60 Page 218 Item#10. i. Development in the M-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP)for Mixed Employment(ME) designated areas. j. Development in the H-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for High-Density Employment(HDE)designated areas. k. Public art in a high quality of design shall be provided in shared spaces and incorporated into the design of streetscapes as set forth in the TMISAP(see pg. 3-47). 1. Design elements shall be provided within the overall development as required in the Application of the Design Elements matrix on pg. 3-49 of the TMISAP. in. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance applications and/or building permit application. The AQplicant may submit a design review application(s) to finalize building design prior to recordation of the final plats). n. The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code,Ten Mile Interchange Specific Area Plan, Comprehensive Plan,Architectural Standards Manual, and provisions of the development agreement contained herein,prior to issuance of building permits for any structure(s)within this site. 2. Preliminary Plat: 2.1 Future development of the proposed lots is required to comply with the dimensional standards of the R-15 zoning district in UDC Table 11-2A-7 and the C-C,M-E and H-E zoning districts in UDC Table 11-2B-3, as applicable. A minimum building setback of 10-feet is required in the multi-family portion of the development unless a greater setback is otherwise required, per UDC 11-4-3-27B.1. The 20-foot wide collector street buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a. Separation between buildings shall comply with Building code. 2.2 The final plat shall include the following revisions: a. Depict the easements for the Marvin Lateral and/or the Purdam Drain on the plat if they encroach on this site. b. Include a note prohibiting direct access via the collector streets other than the access points approved by the City and ACHD with this application. c. Depict street sections for Sunset Point Way and Coral Reef Way consistent with Street Section D in the TMISAP (see pg. 3-21). d. Depict street sections for Vanguard Way and Umbria Hills consistent with Street Section C in the TMISAP with a modification that allows(3) 11-foot travel lanes, on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot parkways and detached 10-foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale(see pg. 3-20, 3-22, 3- 23). e. Depict required street landscape buffers in common lots or on permanent dedicated buffer easements,maintained by the property owner,homeowner's association or business owners' association, as applicable, as set forth in UDC 11-313-7C.2.A reduction of the Page 61 Page 219 Item#10. collector street setback may be granted for homes that front on a collector street when certain conditions exist as noted in UDC Table 11-2A-7, note#1. 2.3 The landscape plan submitted with the final plat shall be revised as follows: a. Depict one(1)additional tree within the street buffer along Umbria Hills(east)per the minimum standard listed in UDC 11-3B-7C.3b. b. Widen the street buffer along Umbria Hills to 20-feet as required for a collector street in UDC Table 11-2B-3. c. Depict landscaping within required street buffers in accord with the recently amended standards listed in UDC 11-3B-7C. d. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B-7C. Class II trees shall be provided in parkways in accord with UDC 11-3A-17E; Class III trees may be considered if the parkways are widened to 10 feet. e. Sidewalks,walkways and pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color, markings,materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg. 3-28, Crosswalks). f. Depict minimum 6-foot wide detached sidewalks along all streets in accord with the street sections(i.e. C and D) in the TMISAP. g. Depict a berm in the street buffer along I-84 in accord with the TMISAP for street buffers along transportation corridors (3.07.01 Q. h. Mitigation trees shall be depicted on the plan (185 trees at 2.5 caliper inches each for a total of 462.5 caliper inches). i. If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement for pathways and open space. 2.4 All streets shall be constructed as complete streets as defined in the TMISAP (see pg. 3-19 & 3-20). 2.5 All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 2.6 A 14-foot wide public use easement for the multi-use pathways within this site shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s). 2.7 A private street application shall be submitted with the final plat application for the multi- family development as required by the Fire Dept.All private streets shall comply with the standards listed in UDC 11-3F-4. 3. Conditional Use Permit: 3.1 Comply with the specific use standards listed in UDC 11-4-3-27 for multi-family developments,including but not limited to the following: (revise the site plan and/or landscape plan accordingly) a. 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, Page 62 Page 220 Item#10. or shall be fully screened from view from a public street as set forth in UDC 11-4-3- 27B.2. b. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-2 7B.3. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Floor plans shall be submitted for all units that demonstrate compliance with this standard. c. Depict the location of the property management office,maintenance storage area, and central mailbox location(including provisions for parcel mail)on the site plan that provides safe pedestrian and/or vehicular access and the location of the directory&map of the development at an entrance or convenient location for those entering the development as set forth in UDC 11-4-3-27B.7. d. Depict a berm or a constructed barrier at least 4 feet in height with breaks in the berm or barrier to allow for pedestrian access within the street buffer along the north side of Vanguard Way in accord with UDC 11-4-3-27C. e. All street facing elevations shall have landscaping along their foundation that meets the minimum standards listed in UDC 11-4-3-2 7E.2. f. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.A recorded copy of said documents shall be submitted prior to issuance of the first Certificate of Occupancy for the development.\ 3.2 Include a detail for the bicycle parking facilities that complies with the standards in UDC 11- 3C-5C. Bicycle racks should be depicted in central locations for each building and for the clubhouse. 3.3 Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C,which requires a minimum 5-foot wide landscape strip along each side of the pathway planted with a mix of trees, shrubs,lawn, and/or other vegetative ground cover; a minimum of one (1)tree per 100 linear feet of pathway is required. 3.4 Parking lot landscaping is required to be provided per the standards listed in UDC 11-3B-8C. 3.5 A minimum of one(1)tree shall be provided for every 8,000 square feet of common open space. 3.6 The space between building facades and adjacent sidewalks should be landscaped with a combination of lawns, groundcover, shrubs and trees as set forth in the TMISAP. 3.7 A!andseaped buffer-should be provided between the proposed development and the exisfing single family development to the nefth. sod fofth i the T-N41S A D 3.8 Include a 10-foot wide pathway connection between the pathway along the Purdam Drain and the pathway within the pipeline easement. 3.9 If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement for pathways and open space. 3.10 All structures shall comply with the design standards in the Architectural Standards Manual (ASM)and the design guidelines in the TMISAP for the MHDR designation with the deviations noted in the Development Agreement(see the matrix for Application of the Design Elements on pg. 3-49). Page 63 Page 221 Item#10. 3.11 A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. B. PUBLIC WORKS 1. Site Specific Conditions of Approval rvadwayes 4easionrsof E. Oakerest Dr. •,,-..a N. Dixie Ave. 1.2. The geotechnical investigative report prepared by GeoTek,Inc indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. 1.3. All mains outside of right-of-way require a 20-foot-wide easement at minimum. For sewer mains of depths 15 feet—30 feet require a 30-foot-wide easement. 1.4. No permanent structures shall be within the footprint of a City utility easement including but not limited to buildings,carports, fences, infiltration trenches,trees, shrubs, light poles, etc. Based off the currently landscape plan, some trees will be in conflict with easements. 1.5. The angle of sewer main into and out of manholes must be a 90-degree minimum. Where the proposed sewer main connects to the existing 36-inch sewer main,this requirement is not met. 1.6. All water main north of Vanguard way should be 8-inch diameter. 1.7. A water main extension is required to the northwest corner of the development for future connection to the west. 1.8. Water main in West Navigator should be 12-inch diameter from the east boundary to the west boundary. 1.9. A 12-inch diameter water main shall be extended to the west property boundary on the south side for future connection. 1.10. It is unclear by the provided plans how buildings will be served and how fire protection will be provided. An additional water loop around the buildings might be required to provide fire flow. A complete water plan will be required to be submitted and reviewed by Public Works Engineering before any final plat is approved. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via Page 64 Page 222 Item#10. the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat for the phase which is beingdped. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC I I-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Page 65 Page 223 Item#10. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancioy.oMIpublic works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature on the phase which is beingdped. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887- 2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=252151&dbid=0&repo=MeridianC B. MERIDIAN POLICE DEPARTMENT https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=251147&dbid=0&r0o=MeridianC ity - The Police Dept. requests further discussions with the Developer on plans for emergency police access into each building entry point using a multi-technology keypad. Page 66 Page 224 Item#10. C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/DocView.gyp x?id=249959&dbid=0&repo=MeridianC Lty D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.oLvlWebLinkIDocView.aspx?id=250049&dbid=0&repo=MeridianC hty E. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.orzlWebLinkIDocView.aspx?id=252295&dbid=0&repo=MeridianC Lty https://weblink.meridiancitE.oLglWebLinkIDocView.aspx?id=252296&dbid=0&repo=MeridianC iv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancitE.oLvlWebLinkIDocView.aspx?id=252341&dbid=0&repo=MeridianC iv G. PARK'S DEPARTMENT(REVISED) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=256235&dbid=0&repo=MeridianC Lu H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WeUink/DocView.aspx?id=256216&dbid=0&repo=MeridianC ky I. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=258731&dbid=0&repo=Meridian C iu IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment and subsequent development is generally consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of a mix of residential, commercial/retail, light industrial and employment uses which will provide for the retail and service needs of the community consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. Page 67 Page 225 Item#10. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. This finding is not applicable as the request is for a rezone, not annexation. B. Preliminary Plat Findings(11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural,scenic or historic features that exist on this site that require preserving. Page 68 Page 226 Item#10. C. Conditional Use Permit Findings(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-15 district (see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use as a multi family development is generally consistent with the future land use map designations for this property and is allowed as a conditional use in UDC Table 11-2A-2 in the R-15 zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water,and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. Page 69 Page 227 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Acceptance Agreement for College of Western Idaho Display of Faculty Artwork in Initial Point Gallery in September 2022 Page 228 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 3rd day of May , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and College of Western Idaho, a community college organized under the laws of the state of Idaho ("Organization"). (City and Organization may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Organization's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Organization to establish a display of Organization's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organization shall personally deliver artwork to Initial Point Gallery, on September 2, 2022, at such time as is specified by the Gallery Curator. Organization shall be responsible for installing such artwork on September 2, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from September 2, 2022 through October 7, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on October 7, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organization's artwork shall be displayed in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organization or any member thereof for services, work, and/or any activity undertaken pursuant to or related to this Agreement. DocuSign Envelope ID: 16697A05-E697-4014-A717-7EACA330CCAA PAGE 1 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY B. Sale of artwork. Organization or its members may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Organization's work; any transaction related to the sale of artwork shall be handled solely by Organization. Organization acknowledges the Commission's request that Organization or its members voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organization may remove such artwork from the Gallery,provided that Organization replaces the removed piece with another piece of artwork within twenty- four(24)hours of such removal. Organization shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Organization shall provide services described in this Agreement in a timely manner, as described herein. Organization acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organization shall coordinate any and all such activity with the Gallery Curator. Organization shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation,removal,publicity, and promotion of the exhibit. Organization's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organization for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Organizations issued for Initial Point Gallery, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. DocuSign Envelope ID: 16697A05-E697-4014-A717-7EACA330CCAA ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Organization warrants that any and all artwork provided by Organization for display in Initial Point Gallery shall be, and is, original work conceived and created by Organization's member artists. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof,provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Organization's name. Organization hereby conveys to City permission to use Organization's name and/or logo for purposes of advertising, marketing, and public information, without violation of Organization's rights of privacy or any other rights Organization may possess under this Agreement. D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement,provided that Organization shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Organization's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48)hours, City shall notify Organization in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Organization. F. Removal of artwork by Organization. Organization shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Organization or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Organization and each of its members shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to DocuSign Envelope ID: 16697A05-E697-4014-A717-7EACA330CCAA PAGE 3 ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY persons or property, and from any and all losses and expenses caused or incurred by Organization or Organization's members, servants, agents, employees, guests, and/or invitees. B. Waiver. Organization and each of its members shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organization's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization in the furtherance of Organizations' rights or obligations described herein. Insurance of the artwork; of related persons,property, or interests; and/or members, employees, or agents shall be the sole responsibility of Organization and/or its members. Organization and its members shall obtain all necessary insurance as may be required in order to protect Organization's insurable interests for its rights and obligations described within this Agreement, including,but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organization or any of its members has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2)business days after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organization. C. Termination upon death or incapacity of Organization. This Agreement shall automatically terminate upon the death or incapacity of Organization. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. DocuSign Envelope ID: 16697A05-E697-4014-A717-7EACA330CCAA PAGE 4 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organization and its members are independent parties and not employees, agents,joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organization and City; between Organization and any official, agent, or employee of City; between any member of Organization and City; or between any member of Organization and any official, agent, or employee of City. All parties acknowledge that neither Organization nor its members are employees of City. Organization shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organization shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Organization shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require Organization's artistic talent or expertise. Organization may subcontract or assign obligations that do not require Organization's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. DocuSign Envelope ID: 16697A05-E697-4014-A717-7EACA330CCAA PAGE 5 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY I. Notice.Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Organization, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. K. Warranty of authority. The party signing below on behalf of Organization("Signatory") expressly warrants that, to the extent set forth herein, Signatory is duly authorized to act as the representative and agent of Organization. Signatory further warrants that Signatory is authorized to bind Organization and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ORGANIZATION: College of Western Idaho ocuSigned by: E�D Ab l(k_(,aun.� A' sasaesse5oz4z3. DocuSign Envelope ID: 16697A05-E697-4014-A717-7EACA330CCAA BY: Denise Aberle-Cannata, Provost Address: MS 2000, P.O. Box 3010, Nampa, ID 83653 Phone: 208-562-3351 E-mail: brendafisherkcwi.edu CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 5-3-2022 Attest: Chris Johnson, City Clerk 5-3-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Department: Subrecipient/ Beneficiary Grant Agreement from Homeland State Security Program for Incident Command Trailer Technology Upgrades Page 235 Item#12. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Division Chief of Logistics, Justin Winkler Meeting Date: May 3, 2022 MFD Presenter: Division Chief Justin Winkler Estimated Time: 5 minutes Topic: Subrecipient/ Beneficiary Grant Agreement from Homeland State Security Program for technology upgrades to incident command trailer Recommended Council Action: Requesting Mayor's signature on the Subrecipient/ Beneficiary Grant Agreement Background: Background of Grant Request: In 2008 Meridian Fire and Meridian PD placed a mobile incident command trailer into service. A recent assessment of the unit has identified some upgrades that will improve public and responder life safety. It has become apparent that with the advancement in technology since 2008 that some of the communications abilities are out of date such as WiFi, computer monitoring, weather monitoring, portable radio charging stations and batteries. These amongst other upgrades that would include an automatic power transfer switch, electric self leveling jacks and electric awnings with wind sensors. Capability improvements would increase communications ability and speed as well as make set up of the unit rapid and efficient. This could also speed up the arrival of additional resources, reduce casualties, improve overall coordination/ communication of an incident and possible reduce overload on the dispatch system. Page 246 Ada County Grant Project Application Applicant/Jurisdiction Ci or Count en De artment or Other Og an zation Meridian Fire Department Point of Contact Name: Justin W nkler Title: I Division Chief,Logistics Phone: 208-888-1234 Email: jwinkler@meriH ancity.org Project Pro ect Name: I Merid an Fire Department Meridian Police Department Joint Incident Command Uh t Rq uested Grant Funds 25,500.00 licant Cost Share 000 Total Pr 'ect Cost 25,500.00 Threat/Hazard/ Use info from Threat Hazard dent if cat on Risk Assessment(TIA R►)`,Hazard Mitigak on Plan,or Hazard Vulnera8i ity Ana ysis Vulnerability (HVA to describe what th s cp ab by addresses. All Hazards If"Other'p lease e i ain be ow Mission Area Primay : I Response Second : Recovery Core Capability ab ni d clit for defirg ioA Operational Coordination wecondaryCamablftv NaniUlickfarclgi' OperatonaI Communications Regional Impact Is Cip abilit rg iona dp I -able? Yes N Does C abihy hayeLfq ional irp act? Yes N Does this Ct abilOL alrea exist within the rg ion? Yes N Partia Core Capability Target Insert capiP 11 ity target asJ etermin y THIRA proces e.g. uring 0 4 irst 7 h ours 6 an ind ent,coO uct operait ons to recover 375 fatal ibesl . For response to all large scale incidents involving structure fires;wild land fires;mass casualty incidents;hazardous r materials incidents;WMD inc dents;natural d sasters;foreign and domestic terrorism;civil unrest or other instances that x would require a mobi a command post/EOC to facilitate coordination and communications of a large scale incident.Capable of be ng deployed within the first hour and functioning throughout the inb dent operational period. Preparedness 1LJ Plannig Buildid new c abili ? or Sustainiff current co abili ? OZ anization Buildig newcf abili ? or Sustainiq current cp abilit ? El Trainiq Buildi new c abill ? or Sustainiq current c4P abili ? Ll Exercisif Bull dho new c4P a8l ? or Sustaini current c# abili ? YA ment Buildis new c* a8ON ? or Sustainig current ca abidy+ ? .AEL Numbers 04MD-03-DISP,04SN 01-PTMS, 10PE-00-PTSW, 12VE-00-MISS NIM5 Re sourceyne if a licahlc MOU Information Relevant MOU iriP lace? Yes No I f 'No then 0 what date? J ustificabon Provide narrative describig need for cip abil' (i .e.how wit thip rb ect reduce risk irV ou` urisdictiori . In 2008 Mer d an Fire and Meridian PD placed a mob le incident command trailer into service.A recent assessment of the unit has dentified some upgrades that will improve pub is and responderil fe safety.It has become apparent that with the advancement in technology since 2008 that some of the commua cations abilities are out of date such as WWI,computer monitoring,weather monitor ng,portable radio charg ng stations and batteries.These amongst other upgrades that would i nclude an automatic power transfer switch,electric self leveling jacks and electric awnings with wind sensors.Capabil ty mprovements would ncrease communicat ons abil ty and speed as wO as make set up of the unit rapid and efficient This could a so speed up the arrival of additional resources,reduce casualties,improve overall coordination/communications of Print an incident and possib y reduce overload on the d spalch system Save Send Justin Winkler 12/23/2020 Applicant Signature Date (electron c signature is acceptab e) Version 1/13/201S AGREEMENT NO. SUBRECIPIENT/BENEFICIARY GRANT AGREEMENT THIS SUBRECIPIENT/BENEFICIARY AGREEMENT (the "Agreement") is made and entered into this 3rd day of May , 2022 , by and between Ada County, a duly formed and existing County pursuant to the laws and Constitution of the State of Idaho, as a Subrecipient of the Idaho Office of Emergency Management, ("County") and Meridian Fire Department ("Beneficiary"). WITNESSETH: WHEREAS, County is authorized and required by Idaho Code § 46-1009 to maintain a County wide disaster preparedness agency; WHEREAS, in furtherance of those duties County has received grant # 2020, 2021 Homeland State Security Program (SHSP) grant from the pass-through entity Idaho Office of Emergency Management ("IOEM") for the purpose of implementing strategies to address identified planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and recover from natural and other catastrophic events, a copy of which is attached as Exhibit "A;" WHEREAS, County desires to build and sustain regional core emergency management capabilities across the prevention, protection, mitigation, response, and recovery mission areas, more specifically set forth in Exhibit "B" attached hereto and by this reference incorporated herein; and County concurs that regional core capabilities and capability targets are not exclusive to any single level of government or organization, but rather require the combined efforts of the whole community. WHEREAS, Beneficiary desires to enter into this Agreement with County to build and sustain regional core emergency management capabilities while ensuring compliance with state and federal grant requirements. NOW, THEREFORE, the parties agree as follows: 1. REGIONAL CORE CAPABILITIES PURPOSE. County and Beneficiary agree that project funding and distribution will be based on building or sustaining high priority regional core capabilities that address prioritized threats, hazards, vulnerabilities, and/or risks. Beneficiary shall allow use of grant purchased equipment in support of emergency management functions, consistent with existing mutual aid or resource sharing agreements, for any local government member of Ada City County Emergency Management ("ACCEM") or their various public or private sector partners SUBRECIPIENT/BENEFICIARY AGREEMENT - I 2. APPLICATION. County agrees to authorize Beneficiary to apply to County for project funding to build or sustain regional core capabilities to include planning, training, exercises, and equipment. Beneficiary shall utilize the Ada County Grant Project Application (GPA) form, as provided by County, and Beneficiary will include core capability targets (measurable objectives) for each request. All completed GPAs will be submitted to Ada County Emergency Management. The Director will review GPA for completeness and forward to the Emergency Management Exectutive Council and Ada County Board of County Commissioners for consideration. 3. COMPLIANCE WITH TERMS OF GRANT. Beneficiary shall comply with the Standard Terms of Conditions of Exhibit A for so long as Beneficiary is possessed of property purchased with funds provided pursuant to this Agreement. This covenant shall survive the termination of this agreement. 4. TERM. This Agreement is to be effective for the period beginning on the date of execution of this Agreement through September 30, 2022. This agreement may be renewed for three additional one fiscal year terms by a mutually executed writing. 5. DEFAULT. Upon default, the County or Subawardee may cancel this Agreement without any notice and may pursue any and all legal, equitable, and other available remedies. Default occurs if the County or Subawardee fails to perform any of the covenants, conditions, or services of this Agreement and such defects in performance are not cured within ten (10) working days after receipt of written notice of default. 6. INDEPENDENT CONTRACTOR STATUS. It is understood and agreed that the relationship between the County and Beneficiary hereby created is that of an independent contractor, and this agreement is not deemed one for employment of Beneficiary by the County. As such, it is understood and agreed that the County is not responsible for social security, retirement, or other employment benefits or obligations on behalf of the Beneficiary. 7. STATUS REPORT. Beneficiary agrees to keep County informed of Beneficiary's progress against the core capability targets throughout the term of this Agreement in a manner and at such times as both Beneficiary and County shall agree. 8. CONFIDENTIALITY. Both parties agree to maintain confidentiality of all information utilized or gained in performing the Contracted Services to the extent such information is exempt from disclosure under Federal or State law, rules, or regulations. SUBRECIPIENT/BENEFICIARY AGREEMENT -2 9. FISCAL RECORDS. Beneficiary agrees to maintain all fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, for a period of three (3) years from the date of submission of the final expenditure report submitted by the IOEM. These records shall at all reasonable times be available for and subject to inspection, review, or audit and copying by the County and any person duly authorized by the County. 10. VIOLATION OF AGREEMENT OR GRANT TERMS. When federal, state or County audits indicate noncompliance by the Beneficiary to meet the applicable federal regulations or state rules, the Beneficiary shall return or refund and pay to the IOEM any equipment/asset acquired, plus costs, including audit costs, arising from the Beneficiary's ineligible or improper receipt or use of federal funds. 11, NOTICES. If notice shall be required under any terms of this Agreement, notice shall be sent by certified mail to: County: Ada County 200 W. Front Street Boise, ID 83702 Beneficiary: Meridian Fire Department 33 East Broadway, Suite 210 Meridian, Idaho 83642 12. SINGLE AUDIT ACT. Beneficiary agrees to comply with the provisions of OMB Circular A-133 which sets forth audit requirements of states, local governments, and non-profit organizations. 13. COMPLETE AGREEMENT. This Agreement is the full and complete agreement of the parties hereto. This Agreement may be modified or amended only if such modification or amendment is in writing and subscribed to by both County and Beneficiary. SUBRECIPIENTBENEFICLARY AGREEMENT-3 14. USE, MANAGEMENT, AND DISPOSITION OF PROPERTY PURCHASED UNDER THIS AGREEMENT. The Beneficiary hereby agrees to comply with the Standard Terms & Conditions set forth in Exhibit A and the below regulations regarding use, management, and disposal of Property purchased under this Agreement: a. Definitions: i. "Equipment' as defined in 2CFR 200.33 means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or$5,000. ii. "Capital assets" as defined in 2 CFR 200.12 means tangible or intangible assets used in operations having a useful life of more than one year which are capitalized in accordance with GAAP. Capital assets included: (a) Land, buildings (facilities), equipment, and intellectual property (including software) whether acquired by purchase, construction, manufacture, lease-purchase, exchange, or through capital lease; and (b) Additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance). iii. "Computing devices" as defined in 2 CFR 200.20 means machines used to acquire, store, analyze, process, and publish data and other information electronically, including accessories (or"peripherals") for printing, transmitting and receiving, or storing electronic information. iv. "General purpose equipment' as defined in 2 CFR 200.48 means equipment which is not limited to research, medical, scientific or other technical activities. Examples include office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning equipment, reproduction and printing equipment, and motor vehicles. v. "Information technology systems" as defined in 2 CFR 200.58 means computing devices, ancillary equipment, software, firmware, and similar procedures, services (including support services) and related resources. SUBRECIPIENT/BENEFICIARY AGREEMENT-4 vi. "Special purpose equipment" as defined in 2 CFR 200.89 means equipment which is used only for research, medical, scientific, or other technical activities. Examples of special purpose equipment include microscopes, x-ray machines, surgical instruments, and spectrometers. vii. "Supplies" as defined in 2 CFR 200.94 means all tangible personal property other than those defined in § 200.33 Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. b. Use. i. Equipment must be used by the Beneficiary in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award, and the Beneficiary must not encumber the property without prior approval of the Federal awarding agency. See 2 CFR 200.313(c)(1). ii. Equipment must be made available, during the time that the equipment is used on the project for which it was acquired, for use on other projects or programs currently or previously supported by the Federal Government, provided that such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Use for non-federally-funded programs or projects is also permissible. User fees should be considered if appropriate. See 2 CFR 200.313(c)(2). iii. Beneficiary must not use equipment acquired with Federal award to provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains an interest in the equipment. See 2 CFR 200.313(c)(3). iv. When acquiring replacement equipment, the Beneficiary may use the equipment to be replaced as a trade-in, or sell the property and use the proceeds to offset the cost of the replacement property. Replacement Equipment shall be subject to the same restrictions and covenants as are provided in this Agreement. SUBRECIPIENTBENEFICIARY AGREEMENT- 5 v. Upon termination of this agreement through default or other earlier termination, the Beneficiary shall return to County all Property/Equipment purchased with grant funds. c. Management Requirements. i. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property ii. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. County will distribute to Beneficiary a copy of its last property report for Beneficiary's reconciliation and update. The reconciliation including condition and location of all Equipment must be provided to the Ada County Director of Emergency Management promptly after completion, but in any event by December 31 of the calendar year in which the task is to be completed. in.A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. The Director of the Ada County Emergency Management Department shall conduct random audits at such times as he or she may designate for compliance with the terms of this Agreement. The Director of the Ada County Emergency Management Department may conduct other audits with the permission of the Board of Ada County Commissioners. Beneficiary shall comply with all reasonable audit requests of the Director of the Ada County Emergency Management Department. iv. Adequate maintenance procedures must be developed to keep the property in good condition. At all times relevant herein, Beneficiary shall be responsible for maintaining Property/Equipment in good and operating condition. v. If Beneficiary is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. SUBRECIPIENTBENEFICIARY AGREEMENT- 6 d. Disposition. When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the non-Federal entity must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instructions: i. Items of equipment with a current per unit fair market value of$5,000 or less may be retained, sold or otherwise disposed of with no further obligation to the Federal awarding agency. ii. Except as provided in § 200.312 Federally-owned and exempt property, paragraph (b), or if the Federal awarding agency fails to provide requested disposition instructions within 120 days, items of equipment with a current per- unit fair-market value in excess of$5,000 may be retained by the Beneficiary or sold. The County is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the County's percentage of participation in the cost of the original purchase. If the equipment is sold, the County may permit the Beneficiary to deduct and retain from the County share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. See 2 CFR 200.313(c)(5). The County will forward all funds received from Beneficiary as a result of equipment sale or other disposition to the awarding agency. 15. INDEMNIFICATION. Beneficiary shall defend, indemnify, and hold the County, its officers, agents, and employees harmless for all claims, losses, actions, damages, judgments, costs, expenses, and/or injuries to persons or property arising out of or in connection with any activities, acts, or omissions of Subawardee, its officers, agents or employees. In the event County is alleged to be liable on account of any activities, acts, or omissions of Beneficiary, its officers, agents or employees, then Beneficiary shall defend such allegations through counsel chosen by County and Beneficiary shall bear all costs, fees, and expenses of such defense, including, but not limited to, all attorney fees and expenses, court costs, and expert witness fees and expenses. SUBRECIPIENT/BENEFICIARY AGREEMENT-7 16. CHOICE OF LAW: This Agreement and its performance shall be construed in accordance with and governed by the laws of the State of Idaho, with venue for any action brought pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho. 17. THIRD PARTY BENEFICIARIES: Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. DATED the day and year first above written. Board of Ada County Commissioners By: Rod Beck, Commissioner Ryan Davidson, Commissioner Kendra Kenvon. Commissioner ATTEST: Phil McGrane, Ada County Clerk SUBRECIPIENT/BENEFICIARY AGREEMENT- 8 Beneficiary: Meridian Fire Department Robert E. Simison Name: Mayor Title: STATE OF IDAHO ) ss. County of Ada ) On this 3rd day of May 2022, before me, a notary public, personally appeared Robert E. Simison , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. Notary Public for Idaho Commission Expires 3-28-2028 SUBRECIPIENTBENEFICIAR.Y AGREEMENT-9 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Acceptance of Bid and Approval of Contract for Chateau Park Playground Construction to Great Western Installations, Inc. for the not-to-exceed amount of$222,697.95. Page 247 Item#13. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 5/3/2022 Presenter: N/A Estimated Time: N/A Topic: Acceptance of bid and approval of contract for Chateau Park Playground Construction to Great Western Installations, Inc. For the Nor-To-Exceed amount of $222,697.95. Recommended Council Action: Approval of award of bid and contract. Background: This the result of Formal Bid # PKS-2220-6003.129. This project is funded by a CDBG Grant. Page 248 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 3/21/2022 REQUESTING DEPARTMENT Parks Project Name: Chateau Park Playground Project Manager: Mike Barton Contract Amount: $222,698 Contractor/Consultant/Design Engineer: Contractor-Great Western Installations, Inc. Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3520 Yes ❑� No ❑ Construction ❑ GL Account 53351 FY Budget: 2022 Task Order ❑ Project Number: 6003.129 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ✓❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) 6003.129 2/11/2022 2/11/2022 TBD Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 0 No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 3/20/2022 7 day protest period ends: March 27,2022 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 0490044-B-4 Expiration Date: Corporation Status Active-Good Standin Insurance Certificates Received(Date): Expiration Date: Rating: Payment and Performance Bonds Received(Date): Rating: Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: Approval Date 5-3-2022 By: City Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final CONTRACT FOR HUD FUNDED PUBLIC WORKS CONSTRUCTION CHATEAU PARK PLAYGROUND PROJECT# 6003.129 THIS CONTRACT FOR HUD FUNDED PUBLIC WORKS CONSTRUCTION is made this 51" day of April, 2022, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Great Western Installations, Inc., hereinafter referred to as"CONTRACTOR", whose business address is 975 S. Hwy 89-91, Logan, UT 84321 and whose Public Works Contractor License # is 0490044-B-4 and whose DUNS Number is 80664433. INTRODUCTION Whereas, the City has a need for services involving Playground installation; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable,the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. CHATEAU PARK PLAYGROUND page 1 of 13 Project 6003.129 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $222,697.95. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation,salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation,drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. CHATEAU PARK PLAYGROUND page 2 of 13 Project 6003.129 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If,through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement,violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. CHATEAU PARK PLAYGROUND page 3 of 13 Project 6003.129 Item#13. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000)per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and CHATEAU PARK PLAYGROUND page 4 of 13 Project 6003.129 Page 253 Item#13. attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 8.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. CHATEAU PARK PLAYGROUND page 5 of 13 Project 6003.129 Page 254 Item#13. 10. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 11. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 12. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation,which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 14. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. CHATEAU PARK PLAYGROUND page 6 of 13 Project 6003.129 Page 255 Item#13. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 15. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 16. Reports and Information: 16.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 16.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. CHATEAU PARK PLAYGROUND page 7 of 13 Project 6003.129 Page 256 Item#13. 19. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 20. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 23. 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. 24. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. CHATEAU PARK PLAYGROUND page 8 of 13 Project 6003.129 Page 257 Item#13. 25. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 26. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 27. Payment Request: Payment requests shall be submitted to City of Meridian Parks Department,33 East Broadway Ave., Meridian, ID 83642. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done, and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Retainage of five percent (5%) of the current contract value will be withheld from the pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. Final payment will not be released until the City has received a tax release from the Tax Commission. 28. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 29. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 30. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 31. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. CHATEAU PARK PLAYGROUND page 9 of 13 Project 6003.129 Page 258 32. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Great Western Installations, Inc. Purchasing Manager Attn: Taggart Castleton 33 E Broadway Ave 975 S. Hwy 89-91 Meridian, ID 83642 Logan, UT 84321 208-489-0417 Phone: 432-245-5055 Email:taggart@gwpark.com Idaho Public Works License#0490044-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN GREAT WESTERN INSTALLATIONS,INC BY: BY: KEITH WATTS, Procurement Manager SardWa Openshaw Dated: 5-3-2022 Approved at CC 1 //�� Dated: L 2-02Z Project Manager Mike Barton CHATEAU PARK PLAYGROUND page 10 of 13 Project 6003.129 Item#13. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-2220-6003.129 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SCOPE OF WORK (1 of page) • Playground graphics & specifications (7 of pages) • CDBG Supplemental Conditions • Wage Determination CHATEAU PARK PLAYGROUND page 11 of 13 Project 6003.129 Page 260 Item#13. SCOPE OF WORK CHATEAU PARK PLAYGROUND The Contractor shall remove all existing play structure and rubber surface and replace per the attached drawings. This project is funded by a HUD CDBG grant all labor is subject to Davis Bacon wages and rules (see attached instructions). Equal playground materials may be accepted per page 4 of the document titled "2 — ITB — CDBG Construction General Conditions and Instructions". • Removal of existing playground and bonded rubber surfacing • Provide and Install all playground structures and site amentities per drawings and list below • Provide and Instal new rubber subbase per the attached drawing LIST OF PLAYGROUND EQUIPMENT INCLUDED IN DRAWINGS • RDU GameTime - Custom Inclusive Structure • RDU GameTime - Swing Structure • RDU GameTime - Freestanding Panels • 3025 GameTime - Spinning Sensory Wave Seat • 6246 GameTime - Solo Spinner • 14927 GameTime - NDS Play On Sign Package • 14928 GameTime - NDS Inclusive Play Sign Package • BR GT-Impax - Bonded Rubber - CFH (Flush edges, Aromatic Binder, CHATEAU PARK PLAYGROUND page 12 of 13 Project 6003.129 Page 261 Item#13. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for all work contemplated under this Agreement shall not exceed $222,697.95. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 60 Days from Notice to Proceed Milestone 2 Final Completion 90 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required per ITB PKS-2220-6003.129 NOT TO EXCEED CONTRACT TOTAL....................... $222,697.95 CHATEAU PARK PLAYGROUND page 13 of 13 Project 6003.129 Page 262 Item#13. CDBG SUPPLEMENTAL GENERAL CONDITIONS ' These Supplemental General Conditions are to be part of a City of Meridian Community Development Block Grant funded construction project. i PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded but before the start of construction, a conference will be held for the purpose of discussing requirements on such matters as project supervision,progress schedule and reports, payrolls, payment to contractors, contract change order, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all subcontractors and supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated REPORTS AND INFORMATION The contractor, at such times and in such forms as the City may require, shall furnish the City such periodic reports as requested pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. CONFLICT OF INTEREST No member, officer, or employees of the grantee, or its designees or agents, no members of the grantee's governing body and no other public official of the grantee who exercises any functions or responsibilities with respect to this contract during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All contractors shall incorporate, or cause to be incorporated, in all subcontracts,a provision prohibiting such interest. MINORITY BUSINESS ENTERPRISE Affirmative steps will be taken to assure that small, minority and female businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: 1. Include any such qualified firms on solicitation lists. 2. Assure that such firms are solicited whenever they are potential sources. 3. When economically feasible, divide total requirements into small tasks or quantities so as to permit such firms maximum participation. 4. Where possible, establish delivery schedules which will encourage such participation. 5. Use the services and assistance of the Small Business Administration,Idaho Transportation Department's Disadvantage Business Enterprise Program, and other sources when appropriate. (24 CFR Part 85.36(e)(vi)) HUDSECTION 3 If funding for this project exceeds $200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding),the parties to this contract will comply with the regulations set forth in 24 CFR Part 75 and all applicable riles and orders of the department issued thereunder. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in,or owned in substantial part by persons residing in the area of the project. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. The contractor will include the Section 3 requirements in every subcontract in connection with the project. Failure to fulfill these requirements shall subject the contractor and subcontractors,its successors, and assigns to those sanctions specified by the grant agreement through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 75.19. See Section 3 Additional Information within the bidding document. Page 263 Item#13. DUNS AND BRADSTREET NUMBER Prior to the award of the contract,bidders shall possess or obtain a DUNS number assigned by the company Dun& Bradstreet.If your organization does not already have a DUNS Number,please visit the Dun&Bradstreet website at www.dnb.com or call 1-866-653-1344.The process of obtaining a DUNS Number is free of charge and should take less than 15 minutes. CDBG funds cannot be used to pay for goods or services from contractors or subcontractors that have been disbarred or suspended. Contractors are responsible for ensuring they or their subcontractors have not been disbarred or suspended according to https://sam.gov. STANDARD ENVIRONMENTAL MITIGATION MEASURES 1. The construction contractors must comply with the Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01.651,by implementing precautions to prevent particulate matter from becoming airborne. 2. If any items of suspected historical or archaeological value are uncovered during construction,the contractor will be required to stop work and contact the Idaho State Historic Preservation Office and the Idaho Department of Commerce. 3. The collection and disposal of storm and surface water runoff from the project site must comply with the Idaho Department of Environmental Quality's(DEQ)Catalog of Storm Water Best Management Practices for design of all storm water treatment and disposal systems. 4. The contractor shall comply with the provisions of the Environmental Protection Agency's Idaho Pollutant Discharge Elimination System (IPDES) General Permit for Storm Water Discharge from Constriction Activities and the Construction Storm Water Pollution Prevention Plan (SWPPP). 5. If during the construction of the project, an underground storage tank, buried drum, other container, contaminated soil, or debris not scheduled for removal under the contract are discovered, the Contractor shall immediately notify the Engineer and the City. No attempt shall be made to excavate, open, or remove such material without written approval. CLEAN AIR AND WATER ACT For all contracts and subcontracts exceeding $100,000,the contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act,as amended, 33 USC 1368 et seq.,and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15,as amended. 1. Any building, facility or site listed on the EPA List of Violating Facilities as of this contract may not be used in the performance of this contract. 2. The contractor will comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Sections 114 and 308 of the respective Acts, and all regulations and guidelines issued thereunder. 3. Prior to signing this contract, the contractor shall notify the grantee of any communication from EPA indicating that a facility to be used in the performance of this contract is under consideration to be listed on the EPA List of Violating Facilities. 4. The contractor shall include or cause to be included these four (4) provisions in every subcontract in excess of$100,000 and take such action as the government may direct as a means of enforcing such provisions. INSURANCE DURING CONSTRUCTION The contractor shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the following types of insurance. Further, the contractor warrants such insurance coverage shall be written on an "occurrence"basis and will be obtained with the following minimum liability limits: 1. Workers' Compensation Insurance and Employer's Liability Insurance: (1)State Statutory Limits (2)Employer's Liability $100,000 per accident $500,000 Disease;Policy Limit $100,000 Disease;Each Employee 2. Comprehensive or Commercial General Liability Insurance which shall be endorsed to name the City as an additional insured. It shall include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion (X), collapse (C)and underground (U) hazards: Page 264 Item#13. (1) $1,000,000 Each Occurrence (2) $1,000,000Personal Injury (3) $2,000,000 Products/Completed Operations to be maintained for two(2) years following final payment (4) $2,000,000 General Aggregate 3. Automobile Liability Insurance which shall be endorsed to name the City of Meridian as an additional insured. It shall include for bodily injury and property damage:$1,000,000 Combined Single Limit CERTIFICATION OF NONSEGREGATED FACILITIES { For contracts in excess of $10,000, the contractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments,and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments,and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this certification, the term"segregated facilities" means any waiting rooms, work areas,rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, *transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. She/he further agrees that (except where she/he has obtained identical certifications from proposed subcontractors for specific time periods)she/he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that she/he will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). *Parking lots, drinking fountains, recreation or entertainment areas. CONTRACT PRICING j The cost phis a percentage of cost and percentage of construction cost method of contracting shall not be used.This clause overrides all references to the cost-plus method of pricing. DATA, PATENT, AND COPYRIGHT 'i The contractor shall hold and save the City and its officers,agents,servants and employees harmless from liability of any nature or kind,including cost and expenses for,or on account of,any patented or unpatented invention,process,article or appliance manufactured or used in the performance of the contract, including its use by the City, unless otherwise specifically stipulated in the contract documents. 1 ACCESS TO RECORDS The grantee,the federal grantor agency,the Comptroller General of the United States,the City of Meridian,or any of their duly authorized representatives,shall have access to any books,documents,papers,and records of the contractor which are directly pertinent to this specific contract,for the purpose of making audit,examination,excerpts,and transcriptions.All required records must be maintained by the contractor for three(3)years after grantee makes final payments and all other pending matters are closed. (24 CFR Part 85.36(i)(10)) ARCHITECTURAL BARRIER ACT Any building designed,constructed or altered must be made accessible to persons with disabilities.Exceptions include(1) alterations where access cannot be provided,i.e.roofs,heating systems,water and sewer systems; (2)alterations are not structurally feasible;or (3) where Uniform Federal Accessibility Standards(UFAS) or Americans With Disabilities Act (ADA) requirements cannot be met according to undue hardship criteria.(42 USC 4151 et seq.,24 CFR Part 40(UFAS),24 CFR Part 8) LEAD BASED PAINT For all residential new construction or rehabilitation,use of lead-based paint on any interior surface,whether accessible or inaccessible,and exterior surfaces readily accessible to children under seven(7)years of age is prohibited.The surfaces of all existing structures must be inspected. If lead based paint is found on any interior surfaces or accessible surfaces,it must be treated and repainted Page 265 I Item#13. wit two(2)coats of nonlead paint;or completely removed;or covered with a suitable material such as gypsum wallboard,plywood or plaster.(42 USC 4801 et seq.,24 CFR Part 35) DAVIS-BACON AND RELATED ACTS See Federal Labor Standards Provisions HUD Form 4010 within the bidding document. COPELAND "ANTI-KICKBACK" ACT See Federal Labor Standards Provisions HUD Form 4010 within the bidding document. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, SECTIONS 103 AND 107 See Federal Labor Standards Provisions HUD Form 4010 within the bidding document. EXECUTIVE ORDER 11246: EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract,the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race,color,religion, sex,or national origin.The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during their employment without regard to their race,color,religion,sex,or national origin.Such action shall include,but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive considerations for employment without regard to race,color,religion,sex,or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, i regulations, and relevant orders of the Secretary of Labor. S. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 266 Ltj#13.1 e applicant further agrees that it will be bound b the above equal opportunity clause with respect to its own employment PP g Y q PP Y PI practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency,instrumentality or subdivision of such government which does not participate in work on or under the contract. 9. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations,and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. I0. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from,or who has not demonstrated eligibility for,Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order.In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:Cancel, terminate, or suspend in whole or in part this grant (contract,loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant;and refer the case to the Department of Justice for appropriate legal proceedings. Page 267 Item#13. FEDERAL LABOR STANDARDS - HUD FORM 4010 Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested Is not performed by a classification In the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification Is utilized in the area by the Standards Provisions are Included In this Contract construction Industry;and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, Including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week. and employed In the classification (If known). or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (Including the amount regulations Issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or Its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained In the wage determination of the Labor,Washington. D.C. 20210. The Administrator, or an Secretary of Labor which Is attached hereto and made a authorized representative, will approve, modify, or part hereof. regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or Its designee or will such laborers and mechanics. Contributions made or notify HUD or Its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional lime Is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR 5-5(a)(1)(Iv); also, regular contributions made or costs (c) In the event the contractor.the laborers or mechanics Incurred for more than a weekly period (but not less often to be employed in the classification or their than uarterl under plans. funds, or representatives, and HUD or its designee do not agree on quarterly) p programs. which cover the particular weekly period, are deemed to be the proposed classification and wage rate (Including the constructively made or Incurred during such weekly period. amount designated for fringe benefits. where appropriate),HUD or Its designee shall refer the g questions, Including Such laborers and mechanics shall be paid the appropriate the views of all Interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee. to the Administrator for for the classification of work actually performed, without determination- The Administrator, or an authorized regard to skill. except as provided In 29 CFR 5.5(a)(4)- representative,will Issue a determination within 30 days of Laborers or mechanics performing work In more than one receipt and so advise HUD or Its designee or will notify classification may be compensated at the rate specified for HUD or Its designee within the 30-day period that each classification for the lime actually worked therein: additional time Is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent In each classification In which 1215-0140.) work Is performed. The wage determination (Including any (d) The wage rate (Including fringe benefits where additional classification and wage rates conformed under 29 CFR 5.5 a 1 li and the Davis-Bacon appropriate) determined pursuant to subparagraphs ( )( )( ) poster (WH (1)(ii)(b) or (c) of this paragraph, shall be paid to all 1321) shall posted at all times the contractor and Its workers performing work In the classification under this subcontractorsrs at the site of the work in a prominent and accessible, place where It can be easily seen by the contract from the first day on which work is performed in workers. the classification. (II) (a) Any class of laborers or mechanics which Is not (III) Whenever the minimum wage rate prescribed In the listed In the wage determination and which Is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified In fringe benefit which Is not expressed as an hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated In the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part fonn HUD-4010(06/2009) Previous editions are obsolete Pagel of5 ref.Handbook 1344.1 Page 268 Item#13. of the wages of any laborer or mechanic the amount of any communicated In writing to the laborers or mechanics costs reasonably anticipated In providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred In providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside In a separate account trainee programs, the registration of the apprentices and assets Ior the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed In the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers I 2. Withholding. HUD or Its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (It) (a) The contractor shall submit weekly for each week In representative of the Department of Labor withhold or which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or Its designee if the agency Is a party to contract or any other Federal contract with the same prime the contract, but if the agency Is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements. sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or Its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the Information required necessary to pay laborers and mechanics, Including to be maintained under 29 CFR 5.5(a)(3)(1) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages Included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to Include an Individually Identifying number for laborer or mechanic, Including any apprentice. trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site or the work. all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its Information may be submitted In any form desired. designee may, after written notice to the contractor, Optional Form WH-347 Is available for this purpose from sponsor, applicant, or-owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further http Itwww.dol.aovlesalwMiforms/wh347instr.htm or its payment. advance, or guarantee of funds until such successor site. The prime contractor Is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or Its designee If the agency Is a party to the disbursements In the case of direct Davis-Bacon Act contract, but If the agency Is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor . or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or Its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and mechanics Investigation or audit of compliance with prevailing wage working at the site of the work. Such records shall contain requirements.It Is not a violation of this subparagraph for a the name, address, and social security number of each prime contractor to require a subcontractor to provide such worker, his or her correct classification, hourly addresses and social security numbers to the prime rates of wages paid (including rates of contributions or contractor for Its own records, without weekly submission to costs anticipated for bona fide fringe benefits or cash HUD or Its designee. (Approved by the Office of Management equivalents thereof of the types described in Section and Budget under OMB Control Number i(b)(2)(B) of the Davis-bacon Act), dally and weekly 1215-0149.) number of hours worked. deductions made and actual (b) Each payroll submitted shall be accompanied by a wages paid. Whenever the Secretary of Labor has found "Statement of Compliance," signed by the contractor or under 29 CFR 5.5 (a)(1)(Iv) that the wages or any laborer subcontractor or his or her agent who pays or supervises or mechanic Include the amount of any costs reasonably the payment of the persons employed under the contract anticipated In providing benefits under a plan or program and shall certify the following: described in Section I(b)(2)(B) of the Davis-Bacon Act, (1) That the payroll for the payroll period contains the the contractor shall maintain records which show that the Information required to be provided under 29 CFR 5.5 commitment to provide such benefits Is enforceable, that the (a)(3)(11), the appropriate Information Is being maintained plan or program is financially responsible, and that the under 29 CFR 5.5(a)(3)(i), and that such information is plan or program has been correct and complete; revious editions are obsolete orm Page2 of5 ra Handbook 1344.1 Page 269 1 Item#13. i (2) That each laborer or mechanic (including each helper, Is not registered or otherwise employed as stated above, i apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site In excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth In 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project In a locality other than that In equivalents for the classification of work performed, as which Its program Is registered, the ratios and wage rates specified in the applicable wage determination (expressed In percentages of the journeyman's hourly Incorporated Into the contract. rate) specified In the contractor's or subcontractor's (c) The weekly submission of a properly executed registered program shall be observed. Every apprentice certification set forth on the reverse side of Optional Form must be paid at not less than the rate specified In the WH-347 shall satisfy the requirement for submission of the registered program for the apprentice's level of progress, "Statement of Compliance" required by subparagraph expressed as a percentage of the journeymen hourly rate A.3.(11)(b). specified In the applicable wage determination. Apprentices shall be paid fringe benefits In accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship p pp p program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Tille 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Tille 31 of the United States Code. listed on the wage determination for the applicable (111) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice Inspection, copying, or transcription by authorized classification, fringes shall be paid In accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State Interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor falls to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program Is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (11) Trainees. Except as provided In 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and Individually registered In a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater Individually registered In a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified In the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or If a person Is employed In his or her first 90 specified In the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits In accordance with the an apprenticeship program, who Is not Individually provisions of the trainee program. If the trainee program registered In the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there Is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who Is not worker listed on a payroll at an apprentice wage rate, who registered and participating In a training plan approved by revious editions are obsolete form HUD-4010(0612009) Page 3 of 5 ref.Handbook 1344.1 Page 270 Item#13. the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. ' determination for the work actually performed. In addition, (II) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm Ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Pari 24. event the Employment and Training Administration (III) The penally for making false statements Is prescribed J withdraws approval of a training program, the contractor In the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer be permitted to utilize trainees at less than U-S. Criminal Code, Section 1 01 0, Tille 18, U_S.C., the applicable predetermined rate for the work performed "Federal Housing Administration transactions, provides in until an acceptable program la approved. part:"Whoever, for the purpose of ___ Influencing In any (III) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or apprentices,trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be In conformity with the equal employment shall be fined not more than 55,000 or Imprisoned not opportunity requirements of Executive Order 11246, as more than two years,or both." amended, and 29 CFR Part 30_ 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are Incorporated by reference in this contract are applicable shall be discharged or In any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert In any subcontracts the clauses contained In subcontractor because such employee has flied any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be Instituted any other clauses as HUD or Its designee may by appropriate proceeding or has testified or Is about to testify In any Instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to Include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime conlract exceeds$100,000. As used In this paragraph, the subcontractor with all the contract clauses In this terms"laborersand-mechanics"include watchmen and guards. paragraph. (1) Ovortlme requirements. No contractor or subconlractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses In 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic In any workweek In which the contractor and a subcontractor as provided in 29 CFR Individual Is employed on such work to work In excess of 40 hours In 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and Interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained In 29 CFR Parts 1, 3, and 5 are workweek. herein Incorporated by reference In this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth In subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved In for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (In the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory_ to such District or to such the contractor (or any of its subcontractors) and HUD or territory)_ for liquidated damages. Such liquidated Its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each Individual employees or their representatives. laborer or mechanic, Including watchmen and guards, 10. (1) Certification of Eligibility. By entering Into thla employed In violation of the clause set forth In contract the contractor certifies that neither 11 (nor he or subparagraph (1) of this paragraph. in the sum ofS10 for each she) nor any person or firm who has an Interest In the calendar day on which such Individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours wilhout payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph(1) of this paragraph_ Previous edillons are obsolete form HUD-4010(0612009) Page4of5 ref.Handbook 1344.1 Page 271 Item#13. (3) Withholding for unpaid wagos and liquidated damagos. HUD or Its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which Is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In subparagraph(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall Insert In any subcontracts the clauses set forth In subparagraph(1) through (4) of this paragraph and also a clause requiring the subcontractors to Include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth In subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall bo required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations Issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act. (Public Law 91-54, 83 Stat 96). 3701 et sea. (3) The contractor shall Include the provisions of this paragraph In every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous ediUonsare o so e e form HUD-4010(0612009) PageS of5 ref.Handbook 1344.1 Page 272 i Item#13. SECTION 3 ADDITIONAL INFORMATION SECTION 3 BASICS Section 3 is a provision of the Housing and Urban Development Act of 1968.The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall,to the greatest extent feasible, and consistent with existing Federal, State,and local laws and regulations,be directed to low-and very low- income persons,particularly those who are recipients of government assistance for housing,and to business concerns which provide economic opportunities to low-and very low-income persons. [24 CFR Part 75] WHAT IS THE GOAL OF SECTION 3? Low or very-low income individuals often face challenges limiting their ability to become economically self-sufficient and rise out of poverty. These challenges include access to quality schools,employment, and job training. Section 3 seeks to provide opportunities for these individuals to become economically self-sufficient. WHAT IS THE PURPOSE OF SECTION 3? Section 3 ensures that recipients of HUD funding agree to make an effort to identify, hire, and train low-income populations when there is a need to employ additional personnel. WHO QUALIFIES AS SECTION 3? • Section 3 Worker—the worker currently fits,or when hired within the past five years fit at least one of the following categories:annualized income is below the income limit established by HUD;the worker is employed by a Section 3 Business;or the worker is a YouthBuild participant. • Section 3 Business—officially organized business that meets at least one of the following criteria: at least 5 1%of business is owned and controlled by low-to very-low income persons;75%or more of the labor hours are performed by Section 3 workers;or at least 51%of business is owned and controlled by current public housing or Section 8 residents. WHAT PROJECTS MUST FOLLOW SECTION 3? Section 3 applies to all construction projects over $200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). The Section 3 requirements are also passed on to contractors if any subcontracts are awarded. WHAT ARE SECTION 3 REQUIREMENTS? The following are the Section 3 requirements: • Notify Section 3 Residents about availability of training and/or employment opportunities. • Notify Section 3 Businesses about availability of contracting opportunities. • Notify contractors about Section 3 requirements. • Incorporate a Section 3 clause in contracts. • Train and employ Section 3 residents. • Give preference to Section 3 residents. • Give preference to and award contracts to Section 3 Businesses. • Document actions to comply with Section 3. • Maintain records for at least 4 years from the date the project is closed. • Provide the following to be included in the City's mandatory federal report: total number of labor hours worked,total number of labor hours worked by Section 3 Workers,and total number of labor hours worked by Targeted Section 3 workers. Page 273 Item#13. WHAT IS INCLUDED IN 24 CFR §75.19? 24 CFR§75.19 states: (a)Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area(or nonmetropolitan county)in which the project is located. (2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to: (i)Section 3 workers residing within the service area or the neighborhood of the project,and (ii)Participants in YouthBuild programs. (b)Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area(or nonmetropolitan county)in which the project is located. (2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to: (i)Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project,and (ii)YouthBuild programs. WHAT IS BID PREFERENCE? Award shall be made to a responding qualified Section 3 Business if the bid is within 5%of the overall lowest bid and Section 3 preference was requested. HOW DO I REGISTER AS A SECTION 3 BUSINESS? Register on HUDs Section 3 Business Registry at:https://portalapps.hud.gov/Sec3BusReg/BRegistry/BRegistryHome. Additional information on the requirements of Section 3,can be found at http://www.hud.gov/section3. All City of Meridian construction bid documents in excess of$200,000 are posted to the City's website(Bonfire). Additionally,all CDBG construction bid documents are posted to HUDs Section 3 Online Portal at https://Iiudapps.hud.gov/OpportunityPortal/index.action. I i Page 274 i Item#13. I 2/11/22,8:49 AM SAM.gov "General Decision Number: ID20220071 01/07/2022 Superseded General Decision Number: ID20210071 State: Idaho Construction Type: Heavy HEAVY CONSTRUCTION, Including water and sewer line construction and heavy construction projects on treatment plants and industrial (power plants, manufacturing plants, processing plants, etc.) sites Counties: Ada, Boise, Gem and Owyhee Counties in Idaho. Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker https://sam.gov/wage-determination/ID20220071/0 1/7 Page 275 Item#13. 2/11/22,8:49 AM SAM.gov protections under the Executive Orders is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/07/2022 * ELECO291-011 12/01/2021 Rates Fringes ELECTRICIAN......................$ 34.21 6%+15.40 ---------------------------------------------------------------- ENGI0370-038 01/01/2019 Rates Fringes POWER EQUIPMENT OPERATOR: Scrapers (over 40 yds to 60 yds) GROUP 7....................$ 31.04 12.05 Bulldozer, Scraper (over 80 yds to 100 yds) GROUP 8....................$ 31.27 12.05 Scraper (over 100 yds) GROUP 10...................$ 31.75 12.05 Scraper (up to and including 40 yds) GROUP 6....................$ 30.67 12.05 ZONE PAY: Zone 1 0 - 30 miles: Free Zone 2 30 - 60 miles: $30.00/per day Zone 3 More than 60 miles: $35.00/per day. If a project is located in more than one zone the lower zone rate shall apply ZONES SHALL BE MEASURED FROM THE THE FOLLOWING U.S. POST OFFICES: BOISE: 304 N. 8TH STREET TWIN FALLS: 253 2ND AVE. WEST POCATELLO: CLARK STREET IDAHO FALLS: 875 NORTH CAPITAL AVE. ---------------------------------------------------------------- TEAM0483-003 Ol/01/2021 https://sam.gov/wage-determination/ID20220071/0 2/7 Page 276 Item#13. 2/11/22,8:49 AM SAM.gov Rates Fringes TRUCK DRIVER GROUP SA....................$ 28.56 15.45 GROUP SB....................$ 28.74 15.45 GROUP SC....................$ 28.97 15.45 GROUP SO....................$ 29.08 15.45 GROUP SE....................$ 29.71 15.45 GROUP SF....................$ 30.15 15.45 GROUP DEFINITIONS: GROUP 5A: Dump (0-16 yds) GROUP 5B: Dump (16-30 yds) GROUP 5C: Dump (30-50 yds) GROUP SO: Dump (50-75 yds) GROUP 5E: Dump (75-100 yds) GROUP 5F: Dump (over 100 yds) ---------------------------------------------------------------- SUID2O1O-O64 08/08/2012 Rates Fringes CARPENTER (Form Work Only).......$ 22.42 9.10 CARPENTER, Excludes Form Work....$ 26.06 11.26 CEMENT MASON/CONCRETE FINISHER...$ 22.43 15.06 LABORER: Common or General......$ 12.39 2.46 LABORER: Grade Checker..........$ 21.76 9.81 LABORER: Mason Tender - Cement/Concrete..................$ 22.15 10.15 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 16.00 0.00 OPERATOR: Grader/Blade..........$ 28.51 9.60 OPERATOR: Loader (Front End)....$ 19.93 3.83 TRUCK DRIVER: Water Truck.......$ 21.00 13.42 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. https://sam.gov/wage-determination/ID20220071/0 3/7 Page 277 i Item#13. 2/11/22,8:49 AM SAM.gov Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the ED is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAW"' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number https://sam.govAvage-determination/iD20220071/0 4/7 Page 278 Item#13. � I I i 2/11/22,8:49 AM SAM.gov where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. https://sam.gov/wage-determination/iD2022007110 5/7 Page 279 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 22-2323: A Resolution Amending the Information Technology Records Retention Schedule; Authorizing the IT Department Director and City Clerk to Implement the Schedule; and Providing an Effective Date Page 280 CITY OF MERIDIAN RESOLUTION NO. 22-2323 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION AMENDING THE INFORMATION TECHNOLOGY RECORDS RETENTION SCHEDULE; AUTHORIZING THE IT DEPARTMENT DIRECTOR AND CITY CLERK TO IMPLEMENT THE SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,by the passage of Resolution No. 21-2280, City Council has adopted a Citywide Records Retention Schedule,pursuant to Idaho Code section 50-907(5); and WHEREAS, City Council finds that the following amendment of the Citywide Records Retention Schedule will realize efficiencies in the retention and destruction of e-mail messages; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Citywide Records Retention Schedule shall be amended as follows: RECORD DESCRIPTION CATEGORY RETENTION PERIOD Outlook E-mail All e-mail messages sent or received Semipermanent Automatically Messages—City by City staff using City's e-mail (Idaho Code destroyed 5 years Staff system. (Copies of e-mail messages section 50- after sent or may be preserved elsewhere for 907(2)(g) (other) received longer periods of time as the subject matter of such messages may require.) Section 2. That the Director of the IT Department, pursuant to the direction of the City Clerk, the City's designated records custodian, is hereby authorized to supervise the retention and destruction of e-mail messages pursuant to this amendment to the 2021 Citywide Records Retention Schedule. Section 3. That this Resolution shall be in full force and effect on June 9, 2022. ADOPTED by the City Council of the City of Meridian, Idaho this 3rd day of May, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of May, 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk AMENDMENT OF RETENTION PERIOD FOR OUTLOOK E-MAIL MESSAGES PAGE 1 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Civic Block Presentation by River Caddis Development Page 282 CIVIC BLOCK City Council Workshop mmww AN Agenda Introductions Timeline Public Involvement Input Updated Plans Summary & Next Steps MeridianCity of ■ ■ ■ ■■ Introductions MeridianCity of FUVERCADDIS GGLOOPUS RIVIR CADDISDIVILOPMENT Horne Team WhatWeDo T1� � - �` it i 1 •- F. • _ �i n. -- R�-• �i z�._ +sue.'�.._ �,•' r y�. .,�,.�. - �. DESIGN _ - iru.Liiyiiic(-,ri;iy b iiiten Q - Our architects,engineers and interior `� l designed exercise creativity,flexibili and innovation for every project from • start to finish.Through collaboration — ri with our team of experts and you,we design buildings that meet your need and vision.We share the goal of h creating long-term value by aesthetically capturing your organizational culture,maximizing ■ i function and utility and enhancing ; - operational efficiency. - CollaLnrath,e Architecture, Engineering& Interior Design OPUS_��" I-EARN MORE■ . GLODesign About People News Careers Contact Q Connecting through beautyand innovation . NN + ■ A B 0 U T SERVICES PROJECTS ter- `0c n FF ow Y �111�Ivir Ira/ Pr re Rupert,Idaho The Project 1l' MeridianCity of Block ' • , ■ "Create a signature downtown mixed-use project that will promote further economic growth and vitality for the site and surrounding properties in Downtown Meridian" CT V , 4 • { L. .,,jam -1 Ve milt _ + Existing To Remain J _ Existing To Remain MeridianjL City of i FUVERCADDIS GGLO 00-0OPUS Where we left off. . . "-A I' s ............ UNBOUND IZJ • h:. _.,���■III"' ���[' _ ,-�;,.. av=_� pal ...e.,., City of Meridian Civic Block 1VERQADD1 s I o Ep%1D �ANt-- I GG`O OPUS 4==T� Preliminary Timeline Spring/Summer 2022 Fall/Winter 2022 2023-2024 Pre-Development Design Building Construction Public Input Documentation 2nd Street Construction Programming Permitting Grand Opening! Infrastructure Planning Pre-Construction Preliminary Design Hunter Lateral Relocation MDC/Council Approval Agency Coordination MeridianCity of :b OPUS FUVERCADDIS Public Involvement MeridianCity of FUVERCADDIS GGLOOPUS Public Involvement Process Completed Public Workshop #1 & Online Survey: April 7, 2022 (Identity & Programming, Site Layout) Chamber of Commerce Presentation, Q&A #1 : April 8, 2022 Stakeholder Meetings: April, 2022 N ext Public Workshop #2 & Online Survey: May 9, 2022 (Preliminary Design) Stakeholder Meetings: May, 2022 Chamber of Commerce Presentation, Q&A #2: May 9, 2022 Open House: June, 2022 MeridianCity of ■ US • ■■ "a premier, evolving, livable, vibrant, and connected community." MERIDIAN , IDAHO *2020 Census: current population is just over 117,000 HISTORY The City of Meridian has transitioned in the last 25 years In 19Oa,the Interurban electric railway connected Meridian With the growing community and business opportunities, from a small productive farming community to one with a with otherTreasure Valley towns.It provided convenient public Meridian retains its small-town Friendliness and style of living diversified economy,increasing population,and rapidly transportation,as well as a means for shipping milk to the and still values and embraces its agricultural heritage. changing landscape-With a 2018 non-census population creameries and hauling fruit to market. estimate of 105,410,Meridian is now the second-largest Meridian lies on a fiat plain,high desert location roughly city in the state and among the fastest-growing cities in Meridian has been the fastest growing city in Idaho since 1994, in the north-centea€part of Treasure Valley.The Boise River the country. with the population tripling between 1990 and 2000.and more runs north of the city and crossed by several irrigation canals than doubling between 2000 and 2007.with the increase in generally run from the southeast to the northwest.Meridian Established in 1893,the city incorporated as a village population,farms and fields have given way to residential has a semiarid climate and receives only about 12 inches of in 1903 with a population of approximately 200 and and commercial developments-Local stores and businesses precipitation per year.The native landscape is sparse,mostly a bustling business center.Acreamery established in continued to replaced with large residential subdivisions, treeless,and the summers are hot and dry. 1897and accelerated other dairyrelated businesses, commercial complexes,and major retail centers,large office which made Meridian popular as a dairy center for the parks,and restaurants throughout the city-The City's convenient state-Through the 1940s,Meridian was the home of access to 1.84,Highway 55,and the railroad combine to make a large fruitgrowing,packing,and shipping industry. it a significant retail and commercial develop merntcenter in Source:kttps:Ilmeridiancq.org/himry/index Local apiaries were among the largest in the nation, southwest Idaho. as bees we re necessary to the fruitgrowing industry. These and other early agricultural industries later joined by businesses connected with the timber and housing industries. EARLY 1800 1897 1940 1994 PRESENT wig tan- A The Electric Railway and Meridian Station Heritage Pavilion,Bricks from Meridian in the Past Meridian at Present Interurban Depots the Original Creamery City 1 Meridian Civic Block r • / ' LIVABILITY ATTRIBUTES LARGE LOCAL WALKABLE V16RANT COMMUNITY BUSINESS & & CELE6RATIONS SUPPORT CONNECTED DIVERSE WELCDMING FAMILY EVERYONE ADAPTIVE ATTITUDE FRIENDLY KNOWS EVERYONE STRONG COMMUNITY STRONG SAFE TOWN PRIDE INVOLVEMENT HISTORIC & CHARACTER HEALTHY City of Meridian Civic Block RIVER~fL7f5 I IDIAN� i GG`O OPUS DEVELOPMENT TRADMONAICITY 'f�* CORE BOUNDARY t - - F w. [ • I�...� E CARLTON AVE 1 SAYS&GIRLS CLUBfie - r �, i . •- VE 41 Tv S - S per-`+ - r . r - CENTENNIAL PARR I UNION 43 OPEN SPACE GENERATIONS PLAZA DESIGN ! _ SITE i�► _ - E BROADWAY AVE 71 1'- - - - - - MAN CITY HALL& � _r ; qE�\.�"►�Ad / T r - PLAZA / t - ,w r. ik IIIi . �. ft - ■ t ■ URBAN RENEWAL DIS >R TRM BOUNDARY City of Meridian Civic Block R1�s I ,(Ep% N- IGGLO 0PUS 4==T � 16,4L Ty •L � � rl ,I � r E StaI is E Pine Avenue - • � 1 I r r � 1� !� E Idaho Arenue ZA All rt� •�?.. i ` ___ �� _.sib 1 f Broadway Avenue �.r � \ , / Rallra_ad Corrldw� o 0 r.iw.nW Muhl V1 Nmftl,F.Ilny v MerrWniWAvy maf�M WN queWnEk•an[xy xlad 0 Irmwl Strxr © Mqr Niwul>.nnr�,i F3rc F,w MIS[ l'elikumlanlry io4Y�4rCMnxn kAW � rwl winx+v n- � M1Jelrx,ln MpY ■ r�u2 unNn Ylmrnlwnine niiy�5o.c. ® R BlockCity of Meridian Civic ' ■ , ■ .i�i� f°I30GRAM3�SlNG THE COMMUNITY OPEN SPACE PR�GRQM "a premier,evolving,livable,vibrant, d connected . MERIDIAN, IDAHO • — =■ �^6 ► �i LIVABILITY ATTRIBUTES �b _•n�rryfC E .. uwu 4A Lp CAL wALKAHLE VIBRANT .cuwrenaw..n. u..iw•�:w.«��n, CO MMVNITY HV 51HE55 & � _ CELE9RA710N5 SNPPORT CONNECTED DIVERSE � -� K � EVERYONE # � ! i a:-":'1 �' • s ■ ■ ■ WELCOMING FAMILY ADAPTIVE _�� •L �-! � a-fir.; AT717VQE FRiENALY EVERYONE an � _. •z: �r •,` . �� , ••••.-�"',..•..._`- 57RONG LOM MU HITY STRONG SAFE "s " TOWN PRIAE IHVpLYE MENT FfISTpRiC & C FFARACTER HEALTHY City of Meridian Civic Block 1VERC-ADDI s I T OEVE �f� mn�Arr I GGLO OPUS == W IDAHO AVE kk PUBLIC PARKING W— COMMERCIAL3RESIDENT PARKING tot _ -- r ■RESIDENTIAL nv AMENITY SPACE H 6PEN - GARAGE ENTRY PUBLIC SPACE W SPACE RETAIL PROPOSED ACCESS s r wwnss BUILDING ---------- a EXI5DNG - BUILDINGNMI Q ° IL A, No stele t= PARKING COURTYAR➢5PACE o GARAGE ON PODIUM ABOVE MQ (LEV[L 5) ra. Level 1 � W CARAGE EXIT I BllIIDINU i LEASIHGI , .• RESIDENTIAL 4 LOBBY Lawl 2 3 L®vela Level E BROADWAY AVE PUBLIC PLAZA — N ADJACENT eveafi 8 RESIDENTIAL Level DEVELOPMENT , NTS City 1MeridianBlock • / ' r ;� f • __ E 16AFEa AVE FESTIVAL STREET POTENTIAL FESTIVAL STREET EXTENTS I f V ` + I PROPOSED URBAN ENHANCED STREETSCAPE F r. OPEN SPACE f� o LJ E IDAHO AVE FESTIVAL STREET n 5 U c C• r- . _. PROPOSED URBAN t OPEN SPACE .......... PROPOSED MIXED u . . USE PROJECT �rtpP.R ! r PROPOSED MIXED • US*PROJECT E BROADWAY AVE UNION 93 PLAZA UNION 93 PLAIA gg UNION 93 PROJECT UNION 93 PRQJEcr _ "• - r-t MeridianCity of rr ■ ■ ■ ■■ -o a - - � R Elm wL yY 11E1�lA[pEl F6Afil{ OUFWOK4 Es F 1 -, a M• • - •.f�� �. .f•`i.!••:11 nii w�!+�h fii%IALf:MOYARIE SFAiNIG SWIN(.mNGi G Fi ;p N.. � u NI a., WING LAiNI N MF PLANTING OEMGNy RATION GARDEN URA F FY J K L i 14.0 Y • A" t ■ SN,x AAW6 N WK M T CFI[WTl1BNAli City of Meridian Civic Block .1VERC.ADD I c fwEpu tl�ANt- I GG`O OPUS I f t.. ak tir � t, f S T City of Meridian Civic Block .1VERC.ADD I �,(Ep%,D�ANt-- I GG`O 0 P U S Q1 Why is this project important to you? Q2 How long have you lived in Meridian? Answered:39 Skipped!❑ Ansvvered:39 Skipped!❑ 1 reside Less than 1 1 and/or work... Mr lama resident and. 1.3 years am a 3.8 yearir frequent... Other(Please specify) 8+years 0% 10% 20% 30% 40% 50% 601% 70% SM. 90% 1O0°I 0°A 1O% 20% 30% 40% 50% 60% 70% SO% 901h 100% City 1 Meridian Civic Block r • / ' Q3 What makes Meridian a great place to live? (Choose up to 3) Q4 What words best represent the identity of downtown Meridian (Pick up Answered:39 Skipped:0 to 3) Answered:39 Skipped:0 Large - Cnrrr'lunity.. Agricultural Local euslness Roots Support Dairy Waticab le and Connected Railroad Vibrant and Diverse Nature Welcoming Attitude ■ High Desert Family Friendly Historic Everyone Knows , everyone Country Lifestyle Adaptive ■ We4�oming Strong Town Pride Safe Community involvement Community Centdc Strong , Hlataric... 0% 10% 20% 30% a0% 5095 50Fh 70% 801% 90°>'S 100°/ Safety and Health Other(please, Specify) 0% 10% 20% 3D% 40% 50% 60% 70% 80% 90% 100% City 1 MeridianBlock RNE• i■ r • / ' 'NOPUS Q5 What program items would you like to see as a part of the public open Q6 Which Program Items would you like to see as a part of the Festival space at the Northwest corner of the site (Choose up to 5) Street Improvements on 2nd Street? (Choose up to 5) nwzred J9 Skipped: Answer Yl W 'ikipped:0 A.An Ornamental slaluellcon Pedestrian.-. B-Interactive Qedestrfen Seating Safety Features C.Outdoor Site Games Fllrolshing8--- D. Street Trees F!axibleflvov. g dE._ Sustainable- swin slLoun stormwater... F-Interactive Publ is Are Play(Water... G. Festivals and UnkluelSpecl,- Events H.Native On-Street Planlingl0em... Parking I.Urban Plaza 0% 10% 20% 30% 40% 50% 60% 7046 80% 9046 100% for for... J.Shaded S eating area k.Public Aft ins[aElatlon L.Catenary (Overhead)... 0% 10% 20% 30% 40% 50% 601A 70% 80% 90% 100% City 1 MeridianBlock r • / ' Q7 How far should the festival street improvements on 2nd Street Extend? Answvered: 39 Skipped. One Block (between... Two Blacks (from Broadw... Four blacks (from Broadw... 0% 10% 20% 3P% 40% 50% 60% 7014 80% 901h 100TO City 1 Meridian Civic Block • / GGLO Online Survey Results Qualities Urban Plaza Program Festival Street Program Family Friendly Flexible Urban Plaza 2 Blocks Local Business Support Shaded Seating Festivals and Events Walkable & Connected Festival Lighting Street Trees Welcoming Attitude Interactive Seating Site Furnishings Safety & Health Outdoor Games Ornamental Pedestrian Lighting Interactive Play Public Art Historic Welcoming Community Centric Safe City of i ■ US • ■■ Public Workshop & Chamber of Commerce Input Support for Festival Street Support for ground floor activation with retail/commercial Consider height, bulk, scale on east side Desire for trees and landscape to soften east side Desire for open space/amenities to mitigate park MeridianCity of OPUS FUVERCADDIS Working Group, Council & MDC Input Expand retail/commercial on ground floor Add urban public open space (small, quality) Provide public parking Shift vehicle access/loading from 3rd to Broadway Mitigate height, bulk, scale on east side MeridianCity of OPUS FUVERCADDIS Preliminary Plans MeridianCity of FUVERCADDIS GGLOOPUS 9.00 AM 12-00 PM 3:00 PM WINTER SOLSTICE 1`��� ��" +• Alp Im SPRING EQUINOX 1 r !"fi —ti '~ ;^•- , SUMMER SOLSTICE ^ r 1 r r rri � 7 l l i3'• J No Scale City 1 Meridian Civic Block • / GGLO ■ " " i■ Open Space (Existing) Open Space (Proposed) Centennial Park: 19,638 sf Festival Street: 26,600 sf Corner Plaza: 1,800 sf Total: 19,638 sf U93 Event Plaza:44,000 sf Total:72,400 sf A ILL r_77 qf7 3 TOTAL: 00 SF L �. - �. •ii c ; Ile. � � � �. 'r M IL City � ':► r of MeridianBlock r LEGEND •,/ �� .. __ 0 Festival Street 0 Public Plaza E IDAHO AVE © Activated Alley — d Tabletop crossing ► © Vehicle Access v Rooftop Amenity 7 - �• r Pool&F+ot Tub rt UNBOUND r Q STORY) �= N COMPASS 1 12 STORYI • O EBROADWAYAVE v v. SITE PLAN ® `!SC:.: ❑' 30' 60' City 1 Meridian Civic Block t • / ' ON, OPUS N.- , r Val r .44 OR UNBOUND (2 STORY) + ..- COMPASS } F 5 M I Y L S T City of Meridian Civic Block �uVER is I IDIAN� I GG`O 0 P US D "V I�AXD � r• - - 1.19 Parallel patking Drive Ume Dri�Larie Foaile[PatkInq dewalk Covered Public Plan ..RD STRE ET 5 ECTI ON _-� City of Meridian Civic Block C s I o c Ep%1 tl�ANt-- I GG`O OPUS 4==T� I I II 1 •I' T 'i 1 11 1 I L ad PW - - TF�Grate Tree Grate "ewa�k Z000 Festiva I Street Zone Sidewalk Covered Nbi ic Plaza FESTIVAL STREET SECTION City of Meridian Civic Block C s I o �,(Ep%,D�ANt-- I GG`O OPUS 4==T� Lk �'• ` /may, ��;°..tea•-�� y' -�.Wa" . t -'t�y{�- �-.��R•�'�.��� ,�� �• --_ - r��� i.1w"-�..,. .:�-. �'.�� ...'A .e.y� �.� ,; y'r,. fir,r� f rt�� rr�.•..y p/�y� -�+ .lf r. • �' �7;7�� � �� _ � t i •��:y'II' �� Y`. !�'.. cyA �?�'"'��''. _,K.Z.: � -.wi.� ��ti:�• - ` y„;]�,g' r�•r:y,� i`-- �*: �' .�,�',r�� -�� _ ;'1 .c.,,,... "s k' rc 1f. All- tit �i• ��.. � �'S�L•K � r r• �. — j.fTrsCi'�7•„�y� ram,_,i'� �•'f. .a-.y �-Y�r��� '. � � =`� � s�4 N'a1S - k ~•�Y ��ir� _�^�`�� �� _ `:� �'�`f-f.► i��y�"��� d�.}�•� .gi �++�"�3F' � t:.r iy#+`-ram' w+t ' '� _ '�y..� S�^.—R���.. .• /. �i'-Y �!. ".�+' � .� ..�.A ..�Q I `^�� .h"'�•S- `_' � _ �wr ter.�:r:..�� :!''T�.��1i.:..�. ��j�!• �`ry y`' �r" -�!"�l �r '— — '� � — •.± +�+.cam;`-~=f� f�~� � F - 1 - ' \mil F •\, ` � � � � View from Idaho and 2nd 4, MeridianCity of ■ US ■ ■ ■■ i Pn, t a � u r:. . ... .............. Uhl f City of Meridian Civic Block RIVER is 11°R IAN I GGLO OPUS ionwo DE 4E View from Broadway & 3rd t cl We A. ti 3 1 I. City of Meridian Civic Block FuVERis I IOIAN I GG`O OPU DE 4E I�AXD I. •� •_ ;III I `�Ellh. � ��� - �,■ - ',Alf r j - 4 .-. - ,r.. ,.. .yrir •by kk t 1 • r City of Meridian Civic Block �uVER is I IDIAN� I GG`O 0 P U DE 4E I�AXD View from Broadway �,■ ..., ► war ��. 1 �►. ■ _ Ek 4 s City of Meridian Civic Block FuVER is I IDIAN� I GG`O 0 P US DE 4E I�AXD E®AHO AVE i i T T T T T .avrm sar s h irwwse�u.wn� r o �7 r � I i I i g at+�;� yft r Xs i *�wsamec�s�ouw � r.• i f - AL _ ------ ----------------- � . E BROADWAY AVE 1 City 1 Meridian Civic Block RlVERCALDDis E IDAHD AVE ■ T T T T f C T —1 r;--- - - ---------------- --==--� F7 �i� t r_� I I V N N ■ IF z ;� yrY��Iw1X�YN ` I e n e ■ — I I.... I I -I2I 1 E BROADWAY AVE City 1MeridianBlock • / ' Rivmc,ADD,s E IDAHO AVE - ------- -------- ---------------� t 1 b 1 I ■ I ' F, • f r I � 1 �t I I 1 � J I l L J- I 1 1 E BROADWAY AVE City 1 Meridian Civic Block • / ' OPUS r r ; 1�111111111 I I $ I,I�ll,lldl � 0 i City of Meridian Civic Block NERCADDI s �mltl�,��v] I GG`O OPUS o 4==T� Ikl enin n I p I wla�+� rai TI City 1 I I I w 1 j 1 1 Meridian Civic Block • / ' OPUS r r ; ----- --------------------------------------- I j City of I I j 'w I I I I I I I I 1 1 Meridian ■ ' ' i■ Summary Expanded retail/commercial on ground floor Added urban public open space at northwest corner Provided 100 public parking stalls Shifted vehicle access/loading from 3rd to Broadway Reduced height on east side with courtyard/building step down MeridianCity of OPUS FUVERCADDIS Next Steps Public Workshop #2 & Online Survey: May 9, 2022 (Preliminary Design) Stakeholder Meetings: May 2022 Chamber of Commerce Presentation, Q&A #2: May 9, 2022 City Council Presentation: May l01h, 2022 MDC Board Presentation: May llt", 2022 Public Open House: June 2022 City Council Public Hearing (Land Disposition Approval): June/July 2022 MeridianCity of GGLO OPUS FUVERCYADDIS Questions MeridianCity of FUVERCADDIS GGLOOPUS Contact Information Primary Secondary Secondary jmcgrawCcirivercadd is.corn jay.fourniea cr opus-group.com msindellCa�gglo.com JAY FOURNIEA, ■ ► Mark Sindell, NCARB Principal VGGLO •.1 AE . . Lic Ew 16A iAN JO H N MCG RAW Direuur of De elopmen[ City 1 MeridianBlock ' r ;� • / Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Impact Fee Study Training Page 327 NI charbor'Ch'urch t 1 1V '` '� ►.1 ` .: 'J Rocky Mountain '.I Z ; r r' r M'•: of u. r High School �. '" �'girl. " t Centennial Hidh School eridian "_'l. rs i. `'i•.e „y, 3}� '�+;`..fir. Settle Park . p Im act Fee Work Session r May 3, 2022 _ �� _ , TullyP,arkti �. i , [~+ Meridian High School ,r FullerIP k�`�®h° " " ", Mendia `,M+ U Urban AirTrampolin and AdventurerPaPk ==`Sorina -- -,-{ - ,., c ,.. 4 r"- •'� - -��• AID �``r f.= Meridian Speedway r y Chiildrns7-ill + ' - Museum'ofldaho ,,.�c - — y� ea Roaring Spr rigs Tem doi-ed A Water Par porar S 6 ems,f . s .n.[ ° r _I r sue ' +j :r r DP Guthrie LLC r 1 Eagle Course x Median Home Value tar Source:Census _ Item#16. Year. 2015-2019 + Variable: Median dollars 41 • • Shaded by: Census Tract,2010 1 Garden pity EDIT: COLORS- RANGES- 4 I zs Insufficient Data $107,600 or less $107,601 -$160,500 • $160,501 -$234,600 l _ $234,601 -$378,700 • • • $378,701 or more y • • - estty Rrdgecresr ° Pero m5 • — Galf Club ► �� 55 55 dp a . • � • � Page 329 Item#16. ecisiton Tree for1 1Policy Cost of Infrastructure Needed to Accommodate Growth Adopt Maximum Supportable Adopt Impact Fees Less Than Impact Fees Maximum Supportable Development Subsidize Growth to Maintain Accept Reduced "Pays Its Own Way" Levels of Service Levels of Service (Delay or Reduce Projects) Increase Utility Rates Reallocate Sales and Property Taxes to Cover Growth Cost Item#16. Revenue Strategy Trade-offs STRONGER SMALLER Special Assessments Impact Fees Nexus with Improvement Districts Revenue Base Demand for Bearing Cost of Public Facilities Utility Rates Public Facilities Property Tax Sales Tax WEAKER LARGER Boise 2110M9 5.077 S5.077 $3,073 S1.2,2 5517 $ 39 nai I Post Falls 1 2110M9 M S11.5391 S2.9721 $1,0371 $3.43215.135 51.56 $373 Source: National Impact Fee Survey, Duncan Associates Page 331 Item#16. cities choose impact fees to fundgrowth-related Y infrastructure Maintains level of service for residents and businesses Minimizes need for broad-based revenues (e.g . user charges or general taxes) Current residents do not want to subsidize growth Predictable funding for system improvements shared by all new development Examples from North Front Range in CO Example from Meridian ID Streets, Citywide 5erwice Area Park and Police fire Proposed Existing Increase % Comparable Median Parks, Fire, Water Sewer Storm- Grand Pctof Recreation Facilities Facilities Total Total or Chorrge Communities Home Price* Police,and water Total Price Facilities 12019) (2013) Decrease Schools REsidentia�Iverhousirr unit bv S uore t of Climore-Con troliedFl oar Areo Timnath $535,000 $8,931 $11,304 $12,000 $560 $32,795 6.1%1 1000orliess $791 $56 $259 $1,095 $2,017 ($922) -46% Windsor $456,000 $10,235 $9,400 $4,400 $882 $24,917 5.5% 1001 to 1500 $1 361 $98 $450 51,909 $2,017 ($108) -5% Fort Coll ins $448,000 $17,578 $8,790 $7,710 $2,286 $36,364 8.1% 1501to2500 $1,770 $128 5585 52,493 $2,017 $466 23% Berthoud $431,000 $10,225 $6,330 $5,500 $3,192 $25,247 5.9% 2501 to 3200 $2,098 $152 5693 52,943 $2,017 $926 46% Johnstown $394,000 $9,917 $6,437 $5,280 $21,634 5.5%1 3201 or more 1 $2 447 1 $177 1 5809 1 S3,433 $2,017 $1,416 70% Loveland $389,000 $16,666 $8,000 $8,630 $569 $33,865 8.7%1 Nonresidenrioi (jpersguore foot of buil&rrg) Severance $366,000 $6,638 $12,200 $6,500 $1,000 $26,338 7.2% Commercial 50.00 $0.24 $0.64 $0.88 50.47 $0.41 8796 Greeley-Current $340,000 $11,267 $10,500 $6,000 $402 $28,169 8.3% All Other 50.00 $0.05 50.41 $0.46 $0.47 �50.01] -2% Evans $307,000 $10,740 $14,231 $5,535 $734 $31,240 10.2% Page332 Average=> $407,333 $11,355 $9,688 $6,839 $1,203 $28,952 7.3% Item#16. Development Impact Fee (DIF) Fundamentals r { Impact fees fund the growth x Median Year Built s°°r "5 - share of public facilities Year. 2015-2019 � ti. Variable: Median year u needed to serve n e w Shaded by Census Tract,2010 �-- .L vdr development den ity C i EDIT: COLORS- RANGES- ` 26 Insufficient Data One-time fees are typically 1960 or less 1961-1972 '1 T Ustick collected prior to _ 1973-1980 _ 1981-1989 � _ 1990 or more y F .ale development and passed RiUgecresr , r - Pe o,ns along to end users � I Can 't be used for 'ram operations , maintenance , or replacement `� Page 333 Item#16. Impact Fee Methods and Credits Cost Recovery Method (past) Evaluate Credits Oversized and unique facilities Revenue credits for grants, > Debt service dedicated funding, or taxes (policy Incremental Expansion Method decision) (present) Development agreements may Generic formula-based approach require site-specific credits or Document level-of-service with reimbursements to developers both quantitative and qualitative measures Plan-Based Method (future) Specific public facilities Usually requires non-impact fee funding Page 334 Item#16. Conceptual ImpactFee Formula Demand Infrastructure Polar Units Units per per per Development Demand Infrastructure Unit Unit Unit Source: Guthrie and Bise, 2015. Next- Generation Transportation Impact Fees, ' Planning Advisory Service Memo, f � ■ American Planning Association. V Vehide Idles Arterial Lane of Travel per Mies per Veh de capital host Development Wiles of Travel per Lane A?r'J�e unit Page 335 Item#16. RequirementsLegal Eagle cl;lsr X Average Household Size r Scurce:Census MN Impact fees are not a tax Year. 2015-2019 �► i,, (purpose is to provide facilities Variable: Average 44 not raise revenue) Shadedby: Census Tract,2010 - Ga-cten City Fees are based on police -1 4 �- EDIT: COLORS S power RANGE 1 26 insufficient Data 1 (health, safety and welfare) 2.26orless Three legal requirements S 2.27-2.4$ � � ^"s T Ustidc ' 6 _ 2.49-2.68 2.69-2.97 (rational nexus) _ f _ 2.98 or more � �idaie Need (system not project- - M; ia. level improvements) W 55 Benefit (short range infrastructure) Proportionate n Idaho Development Impact X Fee Act Page 336 -- Eagle course x Median Renter Cost Burden tar Item�"U' ho Public Source:Census , Year. 2015-2019 � F 111 1 Variable: Median percent �! ac t es44 Shaded by: Census Tract,2010 Garden City Definition EDIT: C.Ut_OR5- RANGES- Fees limited to the Insufficient Data 23.8%or less following types. 23.9%-27.4% 55 _ 27.5%-3D.6°/. Water 30.1% _ 35.1%or more Wastewater Roads * Mendian 0 c� Perkins ld�Crer r o I Stormwater 55 o.rc,ur Parks / Recreation / Open Space r Public Safety t Useful life of ten years Uor more Excludes schools 69 Page 337 Work Area Profile Analysis Meridian ID o- Item#16. . e oImpact - ► Display SettingsCh:ndon_8o w Map Controls 4 J _. � ®�� af❑ ► ZD a Fee Process ► ReporUMap Outputs ���� ,� a °q0° • ° O • ,R Q Legends ��T „❑ `� � •S� n��• , CIO 5-366 JobsiSq.Mile ° ° .� Establish a DIF Advisory �.° i 367 -1,452 JobsJSq.Mile _ � Committee 1,453 -3,262 JobsiSq.Mile r ° �` ° ° 3.263 -5,795 Jobs]Sq.Mile o C. °° °co 5,796 -9.053 JobsiSq.Mile ° C° .�' ` ° °° . w Adopt Land Use Cr ° � ° p 0 ° Y r 1 -4 Jobs 3 o - . ° Assumptions (LUA) and o 5-54Jobs C I I o 55-270 Jobs s �.. 271 -853 Jobs Men is I`854-2,082 Jobs Adopt DIF ordinance Analysis Selection ° Analysis Settings Set up implementation " _ =_ Analysis Type Area Profile ° mechanisms Selection area as Work Year(s) 2019 . Job Type All Jobs c _ Annual Report on Labor Market Segment All Workers p a i Selection Area Meridian city,ID from Places(Cities,CDPs,etc.) collections and Selected Census clocks 1,679 expenditures Analycis 04/26/2022 15:19-On TheMap 6.8.1 o �A Ceneration Date E ° Code Revision f9358819d46a6Dbb89052C36516a1c8fe8bbbeac Spend fees within 8 _ LODES Data 20211018 1647 Version ° ° ° O years or refund money (20 ears if sewer or y r stormwater) Source: OnTheMap U.S. Census Bureau 2020 2km =_ Change Settings � L 1 mI t 1 u Item#16. Idaho Impact Fee Requirements Actual costs or reasonable estimates Same infrastructure standards for existing and new development Evaluate credits (e.g . , debt service and site specific) Determine service areas Reasonable and fair formula to establish proportionate share Schedule of fees for residential , commercial , agricultural and industrial Page 339 Inflow/Outflow Job Counts in 2019 Item#16. wes hs"^den 8"u� Idaho CIP E U �1 -�- - r1�4 �t�hrnd�agn � evaral Procedures p�n <,o (\ Qz- 0 , 39,708 Employed in Selection Area, Live Outside Consult with the 1 �+ w I ' 34,934-Live in Selection Area,Employed Outside �A <- r� 1 10,148-Employed and Live in Selection Area D IF Advisory Committee than 'p� 3.9,708 � 34,934 �r Inflow/Outflow Job Counts (All Jobs) Adopt Capital G . i 2019 ` Count Share 11 ti` Employed in the Selection ° Improvements o v 49,856 100.0/o Area Plan (CIP) 2 0, 4 g Employed in the Selection 39,708 79.6% Area but Living Outside N �� �� �] Employed and Living in the D = v 10,148 20.4% Update CI 1 at Selection Area 0 x y ram_ r r `� ! Living in the Selection Area 45,082 100.0% o l/ o the Selection least once every 5 D but EmLlyWglployed Outside Area 34,934 77.5% r~ Living and Employed in the 10,148 22.5% years arr Selection Area a t li Reset Highlighting Page 340 Q Source: OnTheMap U.S. Census Bureau 2020 -116.35177, 43.54334 /em#16 Idaho Capital Improvements Plan Document land use assumptions Identify service units attributable to new development Describe existing public facilities and deficiencies Analyze total capacity, current, and committed use Project demand for improvements (up to 20 years) Describe system improvements and their costs Schedule construction of system improvements Identify all sources and levels of funding Page 341 Item#16. Expectations Regarding Collaboration Engage with critical thinking � Identify and prioritize improvements Realistic capital costs and growth shares Tailor fees and policies to Meridian Build consensus Engage stakeholders Work sessions with elected officials Management team Ensure collaboration between Departments Monitor cumulative fees relative to comparable communities Page 342 Item#16. Supporting Documentation for All Fees Service areas (citywide or sub-areas) Average annual development units over past 3-5 years Service and development units (current and projected over ten years) Service units Population Jobs (place of work employment) Development units Housing units Nonresidential floor area Revenue credits (avoid potential double payments) Annual principal payments and primary revenue source Deduct grants Dedicated revenue Current impact fee fund balances Page 343 Item#16. Data Request for Each Impact Fee What infrastructure do you currently have? Brief description Measurable units (e.g . square feet of buildings, acres of parks, lane miles, count of vehicles with useful life of 10+ years) Current cost factor per infrastructure unit What improvements are planned for the next 5-10 years? Brief description Total project cost Growth share to be paid by impact fees Page 344 Item#16. 'flhank You • Contact: Dwayne Guthrie, PhD, AICP 443-280-0723 / dpguthriellc@gmail.com Page 345