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HomeMy WebLinkAbout2005-08-23 Revised 8-22-05 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 23, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: ----X- Shaun Wardle ----X- Christine Donnell ----X- Charlie Rountree ~ Keith Bird -L Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bud Henthorn, with Meridian Gospel Tabernacle: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of July 26, 2005 City Council Regular Meeting: Approve B. Sanitarv Sewer Easement Aareement for Devon Park (Lots 1, 2, & 3): Approve 7-C. Development Agreement: AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: Approve D. Water Main Easement Aareement for Advance Health Care by Copper Point Investors, LLC: Approve E. Water Line Easement Aareement for Bonito Subdivision No.3: Approve Meridian City Council Meeting Agenda - August 23,2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. Revised 8-22-05 F. Notice of Award and Aareement for Construction of mini-park at Fire Station No.4 between the City of Meridian and RSCI: Approve G. Award of Bid for Meridian Settler's Park Ustick Road Improvements to Hillside Landscape Contractors: Approve H. Approve Beer License for Maverick Countrv Store - 1545 East Overland Road: Approve Hold Harmless Aareement for Participation in Activities And/Or Use of Facilities with Meridian Joint School District No. ~: Approve 6. Department Reports: A. Planning Department - Brad Hawkins-Clark 1. Presentation of DEQ Brownfield Application: Move Forward with Grant Application 2. Discussion of Letter from Flovd Robinson: Follow-up by Steve Siddoway on September 6, 2005 B. City Attorney - Bill Nary 1. Citizen's Compensation Recommendation: Presented Review Committee 2. Proposed Ordinance for Mavor and Citv Council Compensation: Bring Ordinances to August 30, 2005 Meeting C. Parks and Recreation Department - Elroy Huff 1. Award of Bid for Autumn Fake Neiahborhood Park Development to Hillside Landscaoe Construction: Table to Next Week D. City Council President - Shaun Wardle 1. Resolution No. 05-487 Ratifvina the Council Action and Recommendation to the Ada County Hiahwav District for a Downtown Meridian Traffic Plan: Approve Meridian City Council Meeting Agenda - August 23, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-22-05 7. Items Moved from Consent Agenda: 8. FP 05-054 Request for Final Plat approval of 52 single-family building lots and 7 common area lots on 8.06 acres in an R-8 zone for Champion Park Subdivision No.5 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: Approve "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. J1 9. Public Hearing: AZ 05-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC _ 2620 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 10. Public Hearing: PP 05-031 Request for Preliminary Plat approval of 9 single-family residential building lots and 1 common area lot on 2.74 acres in a proposed R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street Continue Public Hearing to September 13, 2005 12. Public Hearing: AZ 05-027 Request for Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: Approve Amended Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: PP 05-027 Request for Preliminary Plat approval of 2 residential building lots on 4.7 acres in a proposed R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: Approve Amended Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: CUP 05-034 Request for a Conditional Use Permit / Planned Development approval for one single-family home and five retirement homes on two lots in a R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: Approve Amended Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 Meridian City Council Meeting Agenda - August 23, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-22-05 East Edgar Street: Prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: TCU 05-001 Request for transfer of Conditional Use Permit for a child care center for ABC Child care and Preschool by Leslie Gonzalez - 650 West Broadway Avenue: Prepare Findings of Fact and Conclusions of Law for Approval on August 30, 2005 17. Public Hearing: MI 05-008 Request to modify the approved Development Agreement for Cedar Sorinas Professional Center by Lynn Brown - northeast corner of Venable Lane and West Ustick Road: Approve Amendment to Development Agreement 18. Public Hearing: VAR 05-015 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: Prepare Findings of Fact and Conclusions of Law for Approval 19. Ordinance No. 05-1173 : AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: Approve 20. Executive Session per Idaho State Code 67-2345(1)(a)(b)(c)&(f): No Decision Meridian City Council Meeting Agenda - August 23, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-22-05 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA TuesdaYJ August 23, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho AvenueJ Meridian, Idaho 1. Roll-call Attendance: -L Shaun Wardle )( Christine Donnell -+- Charlie Rountree -X Keith Bird -X- Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bud HenthornJ with Meridian Gospel Tabernacle: fH'(S~ 4. Adoption of the Agenda: VV'1"~tr<.- 5. Consent Agenda: 1- c. A. Approve Minutes of July 26, 2005 City Council Regular Meeting: ~jPfrvV'<...- B. Sanitary Sewer Easement Aareement for Devon Park (Lots 1, 2, & 3): ~V"<... Development Agreement: AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: ~~~ Water Main Easement Aareement for Advance Health Care by Copper Point Investors, LLC: ~~V<- Water Line Easement Aareement for Bonito Subdivision No.3: o/fr-ov<.- Notice of Award and Aareement for Construction of mini-park at Fire Station No.4 between the City of Meridian and RSCI: a!~ ~ D. E. F. Meridian City Council Meeting Agenda - August 23, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-22-05 G. Award of Bid for Meridian Settler's Park Ustick Road Improvements to Hillside Landscape Contractors: ~~-rov~ H. Approve Beer License for Maverick Countrv Store - 1545 East Overland Road: tft-'~~ Hold Harmless Aareement for Participation in Activities And/Or Use of Facilities with Meridian Joint School District No. 1: ~f'Ih91nl- 6. Department Reports: A. Planning Department - Brad Hawkins-Clark 1. Presentation of DEQ Brownfield Application: . ~V1!- -4rwM.-d- tui:r~ 1ra-rvt,- It-p;UlCA;;fr <>>-I 2. Discussion of Letter from Flovd Robinson: -!911t7w-I.,<P 67 .FfcV'<:.f'ntdpt.Vll.!) thl- Q-6-0s- City Attorney - Bill Nary B. 1. Citizen's Compensation Review Recommendation: re .JhvI-~d, Committee 2. Proposed Ordinance for Mavor and Citv Council Compensation: 4r/~ tJf-d~c.e\f' -;/-P ~o-l- 31?1L ~ C. Par~ and Recreation Department - Elroy Huff 1. Award of Bid for Autumn Faire Neiahborhood Park Development to Hillside Landscape Construction: +a.!r-f..e..,. fb ILed tua/c.r D. City Council President - Shaun Wardle 1. Resolution No. tJ 5 - -1- E3 7 Ratifvina the Council Action and Recommendation to the Ada County Hiahwav District for a Downtown Meridian Traffic Plan: 7. Items Moved from Consent Agenda: 7-c ~V'-f..-- 8. FP 05-054 Request for Final Plat approval of 52 single-family building lots and 7 common area lots on 8.06 acres in an R-8 zone for Champion Park Subdivision No.5 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: wTfJ'YPI/'A-" Meridian City Council Meeting Agenda - August 23, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-22-05 "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. JJ 9. Public Hearing: AZ OS-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC _ 2620 South Locust Grove Road: #j!Jn""'V't.- fir' c(..f I?-r a.-r~~v~ 10. Public Hearing: PP OS-031 Request for Preliminary Plat approval of 9 single-family residential building lots and 1 common area lot on 2.74 acres in a proposed R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: ;IV~~V"'e -//~ I ,/...t' m-4-l'jJ,rvv~ 11. Public Hearing: AZ OS-032 Request for Annexation and Zoning of .56 acres from R6 to L-Q zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: [(nvl}"n~;;/,It.. fo ?-/S'....p5 12. Public Hearing: AZ OS-027 Request for Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: af/~V'L a~a....:rl-ffc;/.e Hrr"?~v~ 13. Public Hearing: PP 05-027 Request for Preliminary Plat approval of 2 residential building lots on 4.7 acres in a proposed R-8 zone for Maxfield Subdivision by The Land Group - 3295 Eastgalcon Drive: d-;?poVL- a/Y'-~ .//~ '" cl.e -hv-~jJ~(/~ 14. Public Hearing: CUP OS-034 Request for a Conditional Use Permit / Planned Development approval for one single-family home and five retirement homes on two lots in a R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: /J/ f_ J /..t.m 'YN'"~V~ ttlfH19V1..V A/I'n-~~ --;rt -r "f (; al',- . 15. Public Hearing: VAR OS-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: ~re/Wl..e /1/ r/ (;.1/ f7;- a-/jlypvA.L 16. Public Hearing: TCU 05-001 Request for transfer of Conditional Use Permit for a child care center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue: jPr-tfJ~ -fl.f.{ cl~ ,cu-,-a-PfYYPvaJ!.. t7J'... ~- $0-0S- 17. Public Hearing: MI OS-008 Request to modify the approved Development Agreement for Cedar Sprinas Professional Center by Lynn Brown - northeast corner of Venable+ane and West Ustick Road: vt-f/f"t7?V'..t. 41n~d~fr7 0/ If 18. Public Hearing: VAR 05-01S Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping Meridian City Council Meeting Agenda - August 23, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-22-05 requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: J1f'e-;~ .pll--tI cl-t ~ ~v~ 19. Ordinance No. t1 ~- / /7 J' AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWc of South Eagle Road and East Overland Road: t?'/,;9Y"PV'~ 20. Executive Session per Idaho State Code 67-2345(1 )(a)(b)(c)&(f): /1.." dRc./fl ~ Meridian City Council Meeting Agenda - August 23, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. September 23, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT September 27,2005 ITEM NO. 5-A REQUEST Approve Minutes of August 23, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~v>> Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina AUQust 23. 2005. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, August 23,2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Brad Hawkins-Clark, John Overton, Ron Anderson, Len Grady, Elroy Huff, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle -L-christine Donnell ~ Charlie Rountree -L-Keith Bird ~ Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the regular meeting for City Council to order. Good evening. It is Tuesday, August 23rd. It's 7:00 o'clock. We will start the meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance. If you will, please, all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bud Henthorn, with Meridian Gospel Tabernacle: De Weerd: Oh, we always miss our youth when they aren't here to lead us in the pledge and I see two just coming in. We could have asked them. Item No. 3 is our community invocation. If you will, please, join us in the community invocation or take this as an opportunity for a moment of silence. We are led by Mr. Bud Henthorn with Meridian Gospel Tabernacle. Thank you. Henthorn: Heavenly Father, tonight we join with Solomon in his prayer that you would grant us grace to have wisdom that we might lead this great community of your people. We ask, Lord, that you would fill our hearts and lives and fill this room with wisdom, with grace, fill us with faith, fill us with vision and confidence, Lord God. Let this room be filled with synergy. Let us experience an impartation of your own creativity as we wrestle with issues and problems and look for resolutions. God, this is a great community of your people and we are -- we are awed by our responsibility and we ask that you would grant us the grace to do these things, in Jesus' name, amen. Meridian City Council August 23, 2005 Page 2 of 62 Item 4: Adoption of the Agenda: De Weerd: Thank you for joining us this evening. Item NO.4 is adoption of the agenda. Mr. Bird. Bird: Madam Mayor, on the agenda under the City Council, President's report, we have resolution number, it's 05-487, and in the regular agenda, Item No. 19 is an ordinance and its number is 05-1173. And with that I would move that we approve the agenda as printed. Rountree: Second. De Weerd: Okay. The motion was to approve the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 26, 2005 City Council Regular Meeting: B. Sanitarv Sewer Easement Aareement for Devon Park (Lots 1, 2, & 3): D. Water Main Easement Aareement for Advance Health Care by Copper Point Investors, LLC: E. Water Line Easement Aareement for Bonito Subdivision No.3: F. Notice of Award and Aareement for Construction of mini-park at Fire Station No.4 between the City of Meridian and RSCI: G. Award of Bid for Meridian Settler's Park Ustick Road Improvements to Hillside Landscape Contractors: H. Approve Beer License for Maverick Countrv Store - 1545 East Overland Road: Hold Harmless Aareement for Participation in Activities And/Or Use of Facilities with Meridian Joint School District No. ~: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? Meridian City Council August 23, 2005 Page 3 of 62 De Weerd: Mr. Bird. Bird: We have had one request to move Item C on the Consent Agenda to 7-C on the regular agenda and with that I would move that we approve the Consent Agenda, excluding Item C, and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda with the removal of Item C to 7-C. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department - Brad Hawkins-Clark 1. Presentation of DEQ Brownfield Application: De Weerd: Thank you. Item 6 is the planning department. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. The planning department a couple years ago now worked with the EPA Region Ten office to get an application that they call a Target Brownfield Assessment for the creamery and we were successful in getting that grant and DEQ worked with us to help follow that up, as you well know. Since that time we have had some conversations with our local DEQ office about another program that they offer called an area wide assessment and Aaron Sheff is with the Brownfield's division at DEQ here and the main goal of this tonight is if you could just sort of -- what we are asking for is for your blessing, if you will, on our department to proceed with filing an application that would go to EPA Region Ten office for this program. And so rather than me trying to give you the highlights of it, I asked if Aaron could come. So, if you're okay with that, he could give you a bit of an overview and, then, we are just asking for your direction after that. De Weerd: Okay. Thank you, Brad. Thank you for joining us this evening. Sheff: Thank you, Madam Mayor, Council. Appreciate the opportunity to be here to talk to you about Brownfields. Just to clarify for the audience and for those on the Council who may not be familiar with the term, according to EPA this is the definition of a Brownfield, so I'm just going to read it. Real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or the potential presence of contamination. So potential. You don't even have to be contaminated to be considered a Brownfield. Something else that's important to know about Brownfields, in general, is that EPA splits up the contamination into two different types. Petroleum, meaning Meridian City Council August 23, 2005 Page 4 of 62 gasoline, oil, grease, these types of things, and, essentially, everything else. And everything else runs the gamut from meth labs, to mine scarred lands, to drycleaning chemicals, solvents, anything that's not petroleum, essentially. The nice thing about the Brownfield's program -- folks aren't used to with regard to EPA and DEQ is that it's voluntary and non-regulatory and specifically it's aimed at redevelopment. So, really, it's a development slash redevelopment program, for things like green space, housing, even just redeveloping industrial properties. I will have to say that out of approximately 30 assessments that EPA and DEQ have conducted in Idaho, zero have gone regulatory, meaning no enforcement actions on any of the sites that we have assessed in this state so far, which is also good news. As Brad mentioned, there is two different type of grants, You have a bit of familiarity with the targeted Brownfield assessment, which is the anytime, anyplace, you can come and ask either DEQ or EPA for a fairly limited assessment of a specific property. It's not competitive, it's, essentially, first come first serve until the budget runs out. And that was, actually, accomplished over at the creamery, to a large success. I was a little bit nervous about that one, but it turned out to be pretty good news. And, in fact, I spoke with the potential purchaser today and they indicated that they will be closing on that property in mid September, to a large degree because of the information that they gained through those assessments. It's a very powerful tool, these assessment grants. Now, the application that we are talking about tonight, the grant opportunity here, is a nationwide competitive grant application process. It typically has a success rate of ten to 15 percent. It's not that great. And I will tell you in '03 Idaho had a zero percent success rate. In '04 we had about a 65 percent success rate. And last year we had about a 70 percent success rate. But it's important to note that out of the four states in Region Ten, we took about 45 percent of the total funding for Region Ten. So, we are doing pretty well now, starting from zero just a couple years ago. There are other cities in our region who have gone through this national competitive process for an area wide assessment grant through EPA. Notably Caldwell, basically right next door, through their Indian Creek realignment process, have inventoried a number of sites that they were interested in assessing. So, they have kind of a discrete corridor and an inventory of maybe 14, 15 sites that they want to take a look at through this process. We won the grant, they are about halfway through right now, and they are doing pretty well. CCDC, which is the urban renewal district in downtown Boise, also has an area wide assessment grant and they are on two-thirds of the way through a three phase process and I imagine their process will be somewhat similar to how this grant application would be set up, in that they are inventorying all of the sites they have within their 430 acre jurisdiction. They are done with that. They got about 380 Brownfield sites in downtown Boise. Out of that they have taken a look at -- they prioritized some sites and they sort of dropped a lot out and now we are looking at about 50 and, then, they are going to prioritize from that which ones they want to start assessing, either through phase ones, which are, essentially, record searches and, then, phase two assessments, which are similar to what happened at the creamery where you're actually taking soil and groundwater samples, until they run out of money. In the meantime, they are also coming back to EPA and DEQ and requesting these site specific noncompetitive targeted assessments. So, what MDc and meeting with Brad and DEQ, kind of thought that, wow, wouldn't it be a great idea if Meridian, experiencing so much growth, you know, with the rail property downtown that's kind of in flux, Meridian City Council August 23, 2005 Page 5 of 62 wouldn't it be great if Meridian decided to go for this same sort of assessment grant. You already have examples on how it's done. We have pretty good experience on writing these types of grants and being successful and you already have a little bit of experience with the Brownfield process anyway. Just to give you some specifics on the grant, it's about 15 pages is what they are generally limited to. The grants are generally due in late November, early December, there is no due date yet, but that's usually when that occurs. So, you get your application in in December, you have to wait until about June to figure out if you actually get the award. I know it's a long time to wait and sort of not fair. But after that you develop a work plan with EPA, okay, and, then, you enter into a cooperative agreement and so, generally, around October they release the funds. So, it's a long process. You know, about a ten-month process before you -- by the time you put the application in and you get your money. After you release -- the funds are released you have two years to spend down the account, spend out the grant. Accomplish your mission. Very doable. I would say CCDC is halfway through their grant period. They have accomplished probably 70 percent of what they want to do on their grant. So, it's very very doable. Another thing -- let's talk money, how much are these grants worth. For area wide assessments you can apply for a maximum of 200,000 dollars for each type of contaminant. So, we are looking at two types of contaminants, petroleum and everything else. So, for a maximum of 400,000 dollars that's the grant we are looking at and that's the grant that I would suggest the city endorse as far as applying for. Caldwell and CCDC both asked for 400,000. They got half. And they were limited to one contaminant each, both petroleum. I'm not really sure why that happened, but, you know, it's a competitive process, that's just the way it shook out. So, you must be prepared for the fact that, A, you might get nothing, B, you might just get half. And it might be split or it might be limited to one contaminant each. Or you get both, which is fantastic. The good news is there is no match for the city. No in kind, no dollar match, this is, essentially, free money, as long as you comply with the work plan that you agree with on -- with EPA And a neat trick that some of our other applicants have learned is that once you get a contractor on board, you make them do all the work, and there are a number of contractors in the state now who are used to doing Brownfield's work and are used to reporting directly to EPA and they can send you all the reports and paperwork that you need to turn into EPA, essentially, ready to go, just with a signature. So, Brad wanted me to kind of layout what, you know, staff hours you might be getting involved with here. As far as pre-award grant writing, we are talking maybe 20 to 40 hours. Of course, DEQ will be as involved as you want us to be with writing the grant and we will also provide a letter of support as well. Then, there is a post-award commitment, that's developing the work plan, 20 to 30 hours of staff time. Again, we are available to help and I'm thinking that as we get more used to doing these that time will shrink considerably. Then, the big thing is is letting the RFP, actually hiring your contractor. That's a big step in the process. Again, that shouldn't take any more than 20 hours and I have sat on a number of panels and helped developed RFP's, so I would be more than happy to help with that. And, then, you have the actual grant management. Again, over the course of the grant, two years, maybe 20 to 40 hours. So, I'm thinking about 120 hours max of staff time that you should put aside. That's sort of worst case scenario. And another thing that's kind of good is if you spend out the majority of your grant money on inventory and phase ones -- again, like I said before, Meridian City Council August 23, 2005 Page 6 of 62 you can still come back to DEQ and EPA and ask for these targeted assessments on specific property that you're interested in that have a developer time line you're trying to meet. And, then, also, of course, MDc would be eligible for applying for the same types of grants. So, if you work closely together you can really strategize well to develop your inventory and plan for your explosive growth out here. Do you have any questions? De Weerd: Now -- so, the city would apply for a portion and MDC would as well; is that what you're suggesting? Sheff: What Brad and Clair Bowman and Keith Donohue, my manager and I, kind of sat down and strategized and decided that it would be best if one entity choose and since Meridian has a much larger jurisdiction than the MDC board does, we decided that that would probably be the best. Then, if it turns out that there is specific corridors that you identify for a lot of sort -- of involved assessment work, then -- and they fall within the MDc board jurisdiction -- I'm thinking about a particular region around the railroad there, that -- it might be a little bit better for them just to focus on some of those more discrete areas as far as applying for targeted assessment grants or even if they find a site that that has lots of contamination. You can, actually, do a site-specific assessment through the national program that maxes out at about 700,000 dollars per application. So that's sort of the strategy that we hit upon and if that meets the board's approval and your approval, Madam Mayor, that's what we suggest. De Weerd: Okay. Thank you. Council, any other questions? Bird: I have none, Mayor. De Weerd: Well, thank you for joining us tonight and for working with staff. I know that you did bring up the creamery and it was a big part of the decision of even putting the option. They knew what they were dealing with. Sheff: Right. Right. Thank you very much. I appreciate it. De Weerd: Thank you. Okay. Brad. Hawkins-Clark: I think what -- we would just work with MDc to get mailing out and some public notification in terms of the process. They have agreed to do that at their last board meeting. So, unless you hear anything else, we will just take it from here and work with MDC to prepare the application over the next couple of months and submit. De Weerd: Okay. So-- Rountree: Do you need a motion? De Weerd: Council -- yeah. We probably need a motion directing staff to move forward with this. Meridian City Council August 23, 2005 Page 7 of 62 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we direct staff to move forward with the application for the Brownfield grant. Donnell: Second. De Weerd: Okay. The motion is to instruct staff to move forward towards the Brownfield application. Is there any discussion? Okay. All those in favor say aye. Okay. All ayes. Motion carries. Thank you, Brad. MOTION CARRIED: ALL AYES. 2. Discussion of Letter from Flovd Robinson: De Weerd: Our next item -- I believe that Steve Siddoway will -- there is Mr. Robinson. I'm glad you could join us tonight. If you would like to come forward. Council, we got a letter from Mr. Robinson last week and we do have Mr. Siddoway here to give an overview from what the city has done in response. Also, Mr. Mills is here from AcHD and he's prepared to address this as well. Robinson: Thank you, Madam Mayor. I revised it a little bit and I got six more copies for you. De Weerd: Okay. Robinson: In revising it I also put todayts date. I'd like to address the City Council on some ongoing problems and concerns that we have at Mallard Landing. My wife and I moved into this smaller town of Meridian to get away from the big city in 1996. So, we have been here a little while. We moved into Mallard Landing off of Linder. It's a dead end street at the end of -- crosses Franklin and so on. And in order to get into the Landing you have to cross a bridge. We moved in and [ mentioned the concerns -- my concerns about 250 families on a dead end street to my developer Corey Barton. He promised me that within two years the problem would be solved, that he had ran a section of Greenhead over and kind of dead ended it for somebody to add onto, whoever the next developer would be. In 1997 I came to City Council and asked that you guys remedy the situation, because we had now reached 400 families on a dead end street. I never received any kind of answer from the Council at that time. In 1999 I came to City Council -- to a City Council meeting to report that we had finally reached our maximum in the Landing of 500 families. We still did not have any other way out of the Landing, except Linder-Franklin. Now, since the Jabil and the proposed overpass has gone belly up, we would like to have the freeway overpass that was promised to them switched over to Linder, so we can have a way out. Well, I'm here in 2005, still asking City Council to do something to help the people of Meridian. We now have two Meridian City Council August 23, 2005 Page 8 of 62 more housing developments and a grade school since my last visit. We are now larger than some of the small towns in Idaho. We even have a grade school. We have over 700 families living on a dead end street. My questions are does a child have to die before -- because an ambulance could not be -- into the Landing say coming out of South Under and Overland, has to take the long way around to get into the Landing? Does a house have to burn down for the same reason, fire trucks coming from Amity and South Linder, forced to take the longer route? And the big question is how much longer do we have to wait. I have been coming here for nine years trying to get this solved. What price do we have to pay to get another exit out of Mallard Landing? If two school buses were to collide on the bridge, there is no way to get any other vehicles past the school buses because by law no one can move the school buses until after a complete and thorough investigation, which could take hours. I'm not the only one in Mallard Landing that feels this way. We are voters, too. Please visualize our situation. Thank you very much. De Weerd: Thank you, Mr. Robinson. I'll ask Mr. Siddoway to kind of give you an overview and Council an overview of what we did last year. The planning department and the fire department and ACHD all got together to see what we could do, not being owners of the land that the connection would have to go through. So, Steve. Siddoway: Thank you, Madam Mayor, Members of the Council. As Mr. Robinson points out, there is a stub -- there is actually two stubs from the Landing Subdivision to the east. One is at Greenhead Street, as he mentioned. The other is called Ruddy Drive. Both of those existing stubs are simply waiting for additional development to the east to make that connection over to the Waltman Lane area. For several years now the city has prioritized that -- to making one of those connections as an emergency services connection, for several years with the Transportation Task Force, and the list that City Council sends onto ACHD and Compass, specifically asking for a roadway connection from Meridian Road to the Landing. ACHD -- last year it was your priority number six, which was moved up from the prior year, which was at number 11. ACHD response has been that they support the connection. Given that it's a local road connection and in an area that is anticipated to redevelop, that it would be development driven. So, they are simply waiting for development to make that connection at this point. Not wanting to wait, the city did -- as you mentioned, did meet with AcHD and the fire department and the current property owner at that time, Mr. Foed Ragani, to talk about a temporary emergency access easement that would cross his property and connect Ruddy Drive stub. While he was sympathetic to the situation, he was not willing to let that temporary easement cross his property at that time. But we have been pro-active in going out and trying to go find a solution to the access problem. One of the reasons why the connection hasn't happened yet is because without a solution to the Waltman Lane intersection and being able to find access there, developers haven't been interested in that area. Since the Council's action a few weeks ago along the downtown transportation plan, we have had two pre-application meetings with developers re-interested in that area. The developer that's in the corner that would be adjacent to Ruddy Drive has been told in pre-application meeting that we would expect with any plat that comes through to see a road connection from Ruddy Drive down to Meridian City Council August 23,2005 Page 9 of 62 Waltman Lane and making that connection happen. In terms of time line as to when we might expect to see that, I would guess that it's probably in about a three year time line. I don't expect to see that happen immediately, because they won't build their development until the Waltman Lane intersection improvements get funded and constructed. There seems to be two options from my perspective at this time. One is we can wait the remaining time for development to make the connection. Or the second option is to declare an emergency situation and condemn some property to make the emergency services connection. We -- just as a point of clarification, the gentleman mentioned that the Locust Grove overpass project had gone belly up. I want to assure everyone that it has not. It is -- it will be constructed next year. So, it's on the books for 2006 construction. We are working on getting these connections over the freeway. The Ten Mile interchange will likely be the next one. We are also working for a reconstruction of the Meridian Road interchange. The Linder overpass is not forgotten, but it's not on a funded list yet. It is in our Comprehensive Plan and should be included with the GARVEE projects that are from Meridian through to Caldwell. But that is yet to be seen with the work that ITD and Compass are doing. I think that's about all to report on this point, unless there is any questions. De Weerd: Steve, you had also mentioned another stub and, as I understand it, Ada County has allowed a building permit to construct a house where anything would have been stubbed into. Siddoway: Yeah. If you remember, the -- the Commercial Drive that heads west and we have -- development has built it to the Ten Mile Drain on the north side, with the intent of having a future bridge built across the Ten Mile Drain and, then, connecting the extra lot south into Waltman Lane. There is just this year been a new house constructed very close to the alignment of where that road is intended to go. The property is in Ada County. It went through the Ada Development Services for approval and we never received any notification, we just noticed it there, so -- it's the Greenhead stub could still theoretically be connected to Commercial -- is it -- not Commercial. Central. Thank you. I knew that was the wrong name when I was saying it. Central. But, again, that's a development driven connection, so -- De Weerd: Council-- Siddoway: I don't know if -- Bruce Mills, do you have anything you want to add from ACHD? De Weerd: Yeah. Bruce, if you will come forward. Councilman Bird has some questions. Bird: Well, I just -- on the Waltman deal, I realize that we -- irregardless of which way we voted on the downtown Waltman, it's been on, like I said -- like Terry Little said, I think it's been discussed since 1990. How far out is that? Meridian City Council August 23, 2005 Page 10 of 62 Mills: Madam Mayor and Councilman Bird, Waltman right now -- well, you have a -- first I should identify myself. Bruce Mills, Ada Highway District, Garden City. I understand tonight that you actually have a motion to adopt the downtown Meridian Transportation Plan, so, it will, then, be moved up forward to AcHD to, hopefully, also adopt that plan. In which case it would then be considered to be put on our next addition of the five-year work plan, which will be adopted this December. So, hopefully, that's what's going to happen. It will get adopted. With that in mind, design would hopefully start in 2006 and it's typically about a year of design, a year to purchase right of way -- although we don't have a lot of right of way to buy for Waltman, so 2007 -- I would say probably -- like I say, about three years out. About 2008 before we can actually do the -- Bird: Are we using any federal money? Mills: No. Not for Waltman. At that's not our intention. Bird: So, we don't have the two year delay for environment Mills: Right So, I would say the earliest would probably be sometime 2007, but more realistically perhaps 2008. Bird: Because Waltman had to be done regardless of which way we go on downtown. Mills: That's correct. As Steve mentioned also, we are hoping to get an emergency connect at least over there. With the property owner reluctant to do that, even putting through a regular connection without doing Waltman improvements now, is not a good situation putting more cars on that terrible intersection up by Waltman and Meridian Road. So, anyway, again, we are about three years out, probably. Bird: And Mr. Robinson's one letter stated that Jabil and the overpass went down, I think he's talking about the Locust Grove overpass. So, would you officially say that that isn't down, it was just waiting for federal money. Mills: f can go on record as saying that Locust Grove overpass will be constructed next year in 2006. It does have federal money attached to it, which is-- Bird: That's what delayed it Mills: -- why it's taken so long. You know, there are more hoops to go through, unfortunately. You know, as you know, we are building the other portions of Locust Grove this year and I know that that's going to be a great addition to the city and some relief, at least, to the main Meridian corridor when we get the thing complete. It's not belly up. Bird: I knew it wasn't I just wanted to make sure it was on the record from the official person. Meridian City Council August 23, 2005 Page 11 of 62 Mills: And ACHD is certainly supportive with getting Waltman connected through to -- the Landing area and, again, hopefully, once we get the intersection improved, that development will occur and we will -- we have had conversations with some potential developers about putting that road through and it sounds like the interest is there. Bird: Thank you very much, Bruce. De Weerd: Now, Bruce, would it be possible with the new property owner and not the same one who was reluctant to allow an emergency access, could we do that in the interim? Mills: Madam Mayor, we certainly could. If we have a new owner of the property -- I don't know if that's a done deal or not, but if it is -- yeah. If that's the case -- De Weerd: If we can pursue that and see if that's an option. Mills: Yeah. Because our position is still, the ACHD, if we can get some type of easement, even if it's temporary in nature, we will build at least a gravel emergency access to have a connection for emergency vehicles. We could certainly do that. De Weerd: Okay. If, Steve, you can maybe report back on the first meeting in September on the 6th, if you could do that. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I have a question of probably legal counsel and, then, maybe either Steve or Bruce. Whose condemnation act would that be? Nary: Madam Mayor, Members of the Council, I mean the city has legal authority to condemn property for public purpose, but without the -- I guess the partnership of the highway district in the project it wouldn't make much sense for us to go forward. But, certainly, if the city wanted to do that, we would have to purchase that with city funds. We wouldn't necessarily be reimbursed for that. We would, basically, be simply donating that property to the highway district for a roadway. But, legally, we could certainly proceed with that. We haven't had a necessity to do that and I don't think we have a case in Idaho that I'm aware of on that sort of unique circumstance where we would be condemning it for another public agency, but I don't -- I don't see -- I guess -- I don't see initially a legal issue with that. I think it can be done and it's your folks' decision on whether that's the right track to go down. Wardle: Thanks. I was just clarifying whether it was ours or ACHD's. Nary: Preferably AcHD. Meridian City Council August 23, 2005 Page 12 of 62 De Weerd: Generally ACHD. Any other questions from Council? So, Mr. Robinson, we will follow up on September 6th as to the current landowner, if he is the owner yet or not, and see if we can at last get a temporary. Other than that, that really safely could not be constructed until Waltman -- that intersection there at the light on Main Street is fixed. So, that's three years out. If you could, please, come forward. Robinson: We at the Landing thank the Council and Mayor for doing something. De Weerd: Thank you. Did we answer your question? Robinson: Everything. Thank you. B. City Attorney - Bill Nary 1. Citizen's Compensation Recommendation: Review Committee 2. Proposed Ordinance for Mavor and Citv Council Compensation: De Weerd: Okay. Thank you, sir. Thank you, Steve and Bruce. Okay. Item B. City attorney. Mr. Nary. Nary: I'll get out of my chair. De Weerd: If you will, please, state your name for the record. Nary: Bill Nary. Live in the City of Meridian. Mayor and Council, what I have for you tonight -- at the budget hearings in July what was put on your potential -- on your budget was an increase to the Mayor and Council's salary and the direction from you was to form a committee of citizens to review that to -- to review that potential increase and it's on the tentative budget review that prior to your budget hearing on August 30th. I did want to report back to you tonight the results of that committee. I do have a letter -- one of the committee members was unavailable today to sign it. She did send me an e-mail to indicate she was in agreement with the letter, so I will get her signature for the record. But the committee was made up of five people, Chris Klein, who is the incoming Chamber of Commerce president. Also the head of Edward Jones Investment's office here in Meridian. Sherry McCandless, a former Meridian City Council member. David Moe, a Planning and Zoning Commissioner and a former city parks and recreation commissioner. Burt Roberts, who is a member of the Meridian Ministerial Association, that's part of the group that organizes and schedules the ministers that come in weekly to do the invocation prior to the meeting, and has been a long-term Meridian resident. And, then, Todd Wingfield, who is the district director for City Cards here at Silverstone business park. The committee met twice. Both meetings were very good discussions. Both meetings lasted about an hour and a half. The committee gathered some information. They looked at other communities and what the pay scales were for both Meridian City Council August 23, 2005 Page 13 of 62 mayor and council, they looked at the benefits of both the mayor and council here, as well as mayor and councils in other communities. They looked at some of the increases that have been authorized in other communities, both locally and around the state, for both mayor and council. They weighed out what they felt was, essentially, a couple of different factors in both what councils make versus what the mayor makes. Some mayors are part time, in most cities, some mayors are full time, in our city and a few others. Try to balance out all of those different considerations and they came up with a couple of recommendations. What you have in front of you on your packet was possible ordinances. The state law requires that if you want to increase the pay of the mayor or the city council, that it has to be done prior to a general election, which is coming in November, and it has to be passed at least 60 days prior. The last day for it to be approved -- or, I'm sorry, to be published, is September 9th. The reason I have it before you is that if you wish to authorize an increase, the ordinance has to be on your agenda next week for it to be published in time prior to September 9th. So, if you want to consider it, that's the date that you would have to make that final consideration. There is three ordinances in front of you. What I did is the letter -- and I'll give Mr. Berg the letter and he can pass it around. It is signed by all but one member of the committee. They all were in agreement and I was hoping I would get copies, because I'd have them all done, but they hadn't got that done by the end of the business day. They made a couple of different recommendations. First, on Council salary, the committee's recommendation was to increase the Council's salaries to 8,000 dollars beginning in January of 2006 -- just to back up, the ordinances require any increases that you provide to mayor or council cannot be effective until after the election and, then, January of the following year, so -- Donnell: That is a month, isn't it, Mr. Nary? Nary: Pardon me? Donnell: Eight thousand a month? Nary: Eight thousand dollars annually from the current 6,000. Which is what you had put in your tentative budget. They also were recommending an increase to 9,000 dollars in 2007. They felt that in relation to other cities and the amount of work, the expectation for the time that it takes to be an effective Council member, that that was -- the current pay was woefully inadequate and that it needed to be increased to, basically, keep on par with most of the other cities and what they felt was appropriate. And most of the cities that even paid more were smaller than Meridian. They also recommended in relation to the Mayor's salary a couple of different things. And it looks a little odd if you look at the ordinance. What they felt was that it was important that the city do this in a systematic and regular way. And that it should have been done two years ago prior to the mayor election in 2003 and it wasn't. So, the committee made two recommendations for the immediacy for 2006. The first is a salary adjustment for the Mayor's salary from 55,000 dollars annually, to 57,750 dollars annually. And they also recommended that in addition to that, an additional five percent on top of the 57,000. So, for a total annual salary beginning January 1 of 2006 of 60,637 dollars. Meridian City Council August 23, 2005 Page 14 of 62 They also recommended an additional five percent of increase on January 1 st of 2007 and, then, an additional increase effective January of 2008, to a total compensation annually of 65,000 dollars for salary. If you recall in your budget hearings, the Council's tentative recommendation was moving the Mayor's salary up to 65,000 dollars immediately. So, the committee took more of an interim step in recommending some slighter increases, but one of them was based on an adjustment that they felt should be done before each election. The other thing that was included in the ordinance -- and there is a couple of caveats, but I put in the ordinance for your consideration, because that was the committee's recommendation, was that this process of having a citizen's group, an analysis of the comparisons of salaries of mayor and councils, be done every four years on the year when the Mayor's election is to occur. So, that they don't have to play catch up and they don't have to make radical adjustments every two or four years that may have been left for a long period of time. The Mayor's salary in Meridian hasn't been adjusted since 2001. The Council's salaries -- I can only find data back to ten years ago and it hasn't changed in at least ten years. So, it's probably been longer than that. They felt that was not a proper way to address what's fair compensation for elected officials. So, the recommendation was to put it in the ordinance that on each mayoral election year that there will be a committee, it will be prior to your budget hearings, so that you have actual data and information before you have the hearings, and that you would, then, have that -- and, again, you're free to do whatever you wish, but you have that recommendation in front of you. The only caveat in doing that in ordinance, it requires that there, then, be public meetings that follow the public meeting requirements and all of that. I don't think that's a significant issue, but you just need to be aware when you establish a committee by ordinance, that it's required that they meet all the public meeting laws. Anyway, those are the recommendations of the committee. I certainly can answer any questions as to the process or how they reached those. The , third ordinance that's in front of you was probably maybe partly as much my housekeeping as anyone. When I was looking for this, state law, again, regards that all increases in salary be passed by ordinance. I couldn't find the ordinance that actually enacted what these were supposed to be. It's because it's in the section that deals with appointed officials. It deals with all the department directors and the city treasurer and the city clerk and city attorney, so it's not where it should be for the public's benefit. So, my recollection is if you're going to pass a new ordinance, that you delete it out of the section that nobody would probably find it and put it in the section that relates to what the Mayor's duties and responsibilities and pay are and what the Council's duties and responsibilities and pay are. So, that's why there is three ordinances for your consideration. Do you have any other questions? De Weerd: Council, do you have any questions? Rountree: I have none. De Weerd: Okay. Thank you. Nary: Thank you. Meridian City Council August 23, 2005 Page 15 of 62 Rountree: Thanks, Bill. De Weerd: Okay. Council, any discussion? You have heard both items one and two. I will need a motion on item two. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: First, I'd like to thank Mr. Nary for his efforts in bringing this forward and I'd like to thank the committee for getting together to give us an objective view and, really, to look long term through ordinance how we can -- how we can justify Mayor and Council's pay in the future, not just today for this current Council, but in the future and I think it's something that we need to consider. With that, I would move that we bring forward the three ordinances for publication on August 30th. Rountree: Second. De Weerd: Okay. The motion is to move the ordinances forward for consideration next week. Any discussion? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Park's and Recreation Department - Elroy Huff 1. Award of Bid for Autumn Faire Neiahborhood Park Development to Hillside Landscape Construction: De Weerd: Okay. Item 6-C, our Parks and Recreation Department. Elroy. Huff: Madam Mayor and Members of the Council, I appreciate the opportunity to be with you tonight and I want to give you a little update on things going on with Autumn Faire, which is now Seasons Park. That's one park that we have that is not in connection with a developer. So, we are developing that. We have had it for -- going to come into possession for many years. I think even since I first came to work. So, now it's here and so in the process of development we find some interest things there. You have before you -- we have went out to bid and we were looking for -- to award 234,000 dollars in contract. What we get in that contract is everything except a restroom, a shelter, and playground equipment. There is a couple other things going on at that site that I recently got into and one of them is that we were going to have to install our own pump station on that site and we were going to have to go to an irrigation lake on that neighborhood park, which is not what I prefer to do. Part of that was because we had a limited amount of water and we couldn't get enough volume to get across that in an evening, so that put us into day watering, which tends to have a lot of damage on sprinklers and get people wet, things like that. So, we were going forward with that and, then, was contacted by some developers and the irrigation district and there is a Meridian City Council August 23, 2005 Page 16 of 62 development going in a little bit there to the west and they want to add some water to the Sky Pilot Drain and put in a large pump station over there, they want us to go in that with them. That is in the works right now. I do not know what it will cost us. Generally that costs us less that if we had to build our own straight up. So, I'm still working on that and that's not in this. As well there is another little problem on the site that somewhere got overlooked, but I know that we recommended some things for that site many years ago, I think about three or so years ago, and we ended up with water coming into that site that is enough for a restroom, but not enough for shoulder season watering in spring and fall before and after irrigation. So, an inch and a half line or an inch line won't do that, but it will run a restroom. And the problem with all that is in that length of time streets got installed and so we can't hook to a fire hydrant, because that doesn't meet our present day codes, so that means we have to go back into the street with AcHD and work that out and upsize that line coming in so we will have some water there. So, those are some things we run into when we don't get to work in conjunction with a developer. So, I have been pleased on a couple of our other little parks that we are doing right now, because I get past all that, because they are providing that. This one they are not. But -- so it looks like that if we have already closed our books on our impact fee amendment, which we did just shortly ago, we would -- in order to award the current 34,000 dollar contract, we would need to take some of the money that's in the '06 budget and apply it to this contract and, then, that would enable us to take a look at the impact fee fund in the spring and if it's healthy enough, then, we could come back and do an amendment for the restroom, which would give me an opportunity to work on construction numbers that will be real fresh, which I'm kind of liking to do. But the -- I find that I can get tied up in losing to high cost of stuff and prices changing. Stuff like that kind of catches you nowadays, it seems like. So, anyways, what we are looking for is to be able to award this contract. We have currently about 172,000 in that account. That will enable us to get things going. When we get into '06 starting October 1 st, we will use some of that money to help finish this contract out, whatever I can cover for the pump station and the work in the street, and that will leave us with a restroom -- needing a restroom, a shelter, and a playground and that's all we will have left to put in that park. It will be that close. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Okay. What -- Elroy, what -- you have got 172,451 that we can actually add a contract to and does Hillside Landscape know that, as the apparent low bidder? That the contract's only going to be for 172,450? And what did you take out as far as the project that's 172? And, then, after October 1 st we would have to make a budget amendment right at that point before we could approve the other 63,000 dollars. Huff: We could do it that way, if I understand it right. Bird: But are they agreeable to this and everything? Meridian City Council August 23,2005 Page 17 of 62 Huff: The 234 -- the 234 is with the add-ons. We had some add alternates in there. Bird: And the bid was over 172. Huff: Yes. It was just over 172. Don't know if I got that sitting in front of you. Bird: So, your alternates -- your base bid was -- I can't remember. Huff: So, that's about -- it's 174 or something like that. Bird: Yeah. Huff: So, that was their base and, then, we did some add alternates, so we could see what those things were going to cost us if we added those in. So, if we add those in we will have the opportunity to get a lot closer to finishing that. Bird: But what you're asking for is awarding a contract for 234,341 and we can't do that. Huff: I see. Bird: We can only award it for 172,450, which is what you have got in the budget now. Huff: Right. Bird: And is Hillside Landscape Construction okay with that? Huff: That's their base number. Bird: And they are okay -- no, it's not the base number, it's 2,000 under the base number. Huff: Well, I don't know. I didn't -- we haven't talked about that, no. At least 1 haven't. Bird: And I don't have any problem voting, but I just -- you know, for it, but I hope your contractor understands that, that after -- it will be after October 1 st, because the Council has to approve the budget amendment for '06 and, then, they can approve the rest of the contract. But we can't until then. Huff: Right. Bird: We can only -- if you have only got 172,450, that's all we can approve the -- Huff: Okay. I understand that. And, then, we have to amend that. So, we'll have to talk to them about that. Meridian City Council August 23, 2005 Page 18 of 62 Bird: I mean as long as the contractor is fine with it, I have no problem with it, but I just -- they need to know where -- Huff: Right We are certainly welcome to talk to them about that. There is several things we haven't talked about yet, so -- Bird: Then, we, basically, can make a motion in consideration of the general contractor and after you find out, then, the Mayor can sign and Clerk can attest, we can make it on that -- on the consideration that the contractor would accept that kind of an agreement. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Elroy, there is a contingency in this bid; is that right? Huff: No. Donnell: There is not? The 172 does not include a contingency? Huff: No. Donnell: Second question. Follow-up? How many acres is this park? Huff: It's seven. Donnell: Did the city purchase this property? De Weerd: No. Huff: I think it got give to us a long time ago, but it's just now-- Donnell: And not by the developer. So, there was no responsibility on the part of anyone to do anything, except -- Huff: There was no responsibility by the developer to help us. There was never anything offered for that. Donnell: And so at this point right now, though, we are looking at no restrooms, no playground equipment, no water fountain, no anything. Huff: Yeah. Water fountains would be fine. Donnell: Oh, water fountains. Because we have got water for water fountains? Meridian City Council August 23, 2005 Page 19 of 62 Huff: Yeah. We will be okay there. It's just that we missed getting into the amendment, because some of our numbers come in late for that, so -- we can certainly go back and talk to the contractor and, then, work out a little of it and come back in a week or so and do that, if that's what you'd rather us do. Donnell: Follow up, Madam Mayor? De Weerd: Yes. Donnell: What I'm looking at right here, Elroy, is a contingency of 2,090 and, then, another contingency of -- so, help me understand why that -- of 13,000 -- 13,300. That is -- that's showing a base construction of 282,000, though, and that's the total. Total amount of what we would need do everything. Huff: The 282, I think, was an estimate. Donnell: Okay. So, that's what the parks -- what we estimated that it would be? And so we added in a contingency in there, but the bids don't include a contingency? Huff: I'm sure they don't. I appreciate you pointing that out to me, Council Bird. De Weerd: Any further questions from Council? Bird: I have none, Mayor. De Weerd: So, you will come back next week with the preferred route? Huff: Yeah. And I think they will be -- they are good guys to work with, so I think we can probably get past that easy enough. De Weerd: Okay. Donnell: Tell them they probably could adjust for a couple thousand dollars. Just tell them to be good citizens. Bird: On that large of bid I agree with you. Donnell: Absolutely. Huff: I also will do that. Thank you. D. City Council President - Shaun Wardle 1. Resolution No. 05-487 Ratifvina the Council Action and Recommendation to the Ada Countv Hiahwav District for a Downtown Meridian Traffic Plan: Meridian City Council August 23, 2005 Page 20 of 62 De Weerd: Okay. Item B, our Council president. Wardle: Madam Mayor, the City Council, after a large number of citizen input, as well as input from our public agencies, has come to a decision, albeit, not a unanimous one, on what we would like to see within our downtown transportation corridor. Before you tonight is a resolution to ratify that decision and bring it to the Ada County Highway District for recommendation. And so that is what we have this evening. Would like to note for the record that there were two affirmative votes, one vote in opposition and one abstention on that recommendation. De Weerd: Okay. And that resolution number is 05-487. And I will need a motion to approve. Wardle: With that, Madam Mayor, I move that we approve Resolution No. 05-487. De Weerd: Do I have a second? Bird: I'll second it. I was a negative vote, but I'll second it. De Weerd: Motion to approve Resolution 05-487. Mr. Berg, will you, please, call roll. Nary: Madam Mayor? De Weerd: Yes. Nary: Could I just -- this is for the record, so that it's clear. All the Council is doing by voting on this is ratifying that's the action the Council took. It doesn't mean you're necessarily in agreement with that. Councilmember Rountree did abstain from the original vote. He doesn't have to abstain from this vote if he doesn't want to, because it is simply acknowledging that was the action the Council took. It's not an agreement or it's not an affirmative approval or denial of it at all, so -- Donnell: Thank you for that clarification. Rountree: Thank you for that clarification. De Weerd: We appreciate that, Mr. Nary. Okay. Mr. Berg. Berg: Madam Mayor, if we read the title of the resolution, you probably got that information from what the attorney said. It's just a ratification of the Council's action. Bird: Aye. But I want an explanation to reaffirm what -- even though I was negative on it, this is just what was passed unanimously, so I'm aye on it now. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. Meridian City Council August 23, 2005 Page 21 of 62 MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: C. Development Agreement: AZ. 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: De Weerd: Thank you. Okay. Item 7-C was removed to this and I imagine Mr. Nary or Brad? Nary: Madam Mayor? De Weerd: Yes. Nary: I asked to remove it and just for clarification purposes, I don't -- the Council can go forward and take this action on this development agreement tonight. It has been signed by Mr. Moore of the W.H. Moore Company in regards to Dorado Subdivision. The only clarification I just wanted to make clear, the Council had discussion last week about this project and had made some directions on the record as to conditions. Those conditions are in the development agreement; the developer is in agreement with them. They are not exactly what is the Findings and you had directed some amendments to those Findings take place. They haven't been completed yet, but you can take the action, because of the agreement, which is what is binding on the developer. He is clear with what you asked for. They will get cleaned up and the Findings will get finalized and the staff will do that. They were wanting to make sure the minutes were done and completed and all that. But I just wanted you to be aware that the agreement itself -- if you have read them both, you would notice they are probably not exactly the same, but the agreement is what your direction was and they are in agreement with it, so you can go forward on it if you wish. I don't know if Mr. Hawkins-Clark has any other comment, but I just wanted you to be aware of that before you approved them. De Weerd: Okay. Any questions from Council? I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve 7-C, the development agreement with Dorado Subdivision. Donnell: Second. De Weerd: Okay. Motion to approve development agreement AZ 05-019. If there is no further discussion, Mr. Berg, will you call roll. Meridian City Council Augus123,2005 Page 22 of 62 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 8: FP 05-054 Request for Final Plat approval of 52 single-family building lots and 7 common area lots on 8.06 acres in an R-8 zone for Champion Park Subdivision No.5 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: De Weerd: Okay. Item 8 if FP 05-054. Brad. Hawkins-Clark: Thank you, Mayor, Members of the Council. This is the fifth phase of Champion Park Subdivision on the north side of Ustick Road. The applicant has submitted a letter stating they will comply with all of staffs recommended final plat conditions. De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing that we are in agreement, I move that we approve Item 9, FP 05-054. Bird: Second. De Weerd: Okay. Motion to approve Item 8. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: AZ 05-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Item 10: Public Hearing: PP 05-031 Request for Preliminary Plat approval of 9 single-family residential building lots and 1 common area lot on 2.74 acres in a proposed R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: De Weerd: Thank you. Okay. Public hearings 9 and 10 are on AZ 05-031 and PP 05- 031. I will open these public hearings with staff comments. Meridian City Council August 23, 2005 Page 23 of 62 Hawkins-Clark: Thank you. This application, NO.9 and No. 10, are regarding Enclave Subdivision. It's currently -- would be defined as an in-fill parcel by our code. It does have city limits, as you can see on the slide, on the north and on the east and on the south. The out parcel that's shown on the west is not a part of either the annexation request or the preliminary plat request. The only access that this parcel has is from the south, Inglenook Subdivision. The aerial photo, as you can see here, there is an existing house on the property that currently takes its access directly off of Locust Grove Road on a driveway across the north side of the property. The Nine Mile Creek borders here on their east boundary. The Planning and Zoning Commission made a few changes recommended on this plat. Here is the preliminary plat that reflects a couple of the changes that the Planning and Zoning Commission asked for. As you can see, they are essentially bringing in a public street and proposing to construct a hammerhead, which would be designed to Meridian fire department specs, so it will allow for -- as a turn around for both fire engines and the sanitary service company's vehicles. Then, at the end of that public right of way they are proposing a common driveway that would extend off the end of that on both ends. As you can see, it extends a little bit further here on the west than it does on the east. But each of these new lots, nine of them, single family lots and, then, one common would -- would take access directly off of either the public street or those common driveways, as well as the existing house. The existing house would not take any -- would not have access to Locust Grove directly any longer. One of the P&Z Commission's conditions was to construct bollards here on this driveway, so that it would serve as emergency access only, so there would be another way to access this subdivision for emergency purposes. But they would -- they would take their access off of the new street that would be constructed. The Planning and Zoning Commission did recommend approval of this with conditions. There were three members of the public that commented at the hearing. The main change that the Commission made was on these common driveways that extend off of here. They wanted to see curb, gutter, and sidewalk continued, so that it would really have the appearance of a street as you're going east or west and not suddenly choke down and taper down to look just like a driveway. So, you would still have pedestrian opportunities there. So, they asked for that change to be made. There is also a ten- foot wide pedestrian easement on the -- along the Nine Mile Drain. You can see this dashed line right here that extends off the common drive and, then, connects in along this pathway, which does go to the north and the south. I think the only recommended change that I would have on Exhibit C, site specific condition number one, is would be to eliminate the first sentence, which currently refers to a plat dated June 1, 2005, but the preliminary plat that they revised has a date of August 10. So, there is an incorrect reference there. And with that I can take any questions. De Weerd: Okay. Any questions from Council? Bird: I have none, Mayor. De Weerd: Is the applicant here? Good evening. If you will, please, state your name and address for the record. Meridian City Council August 23, 2005 Page 24 of 62 Harris: Kevin Harris. Business address 1800 West Overland Road in Boise. Representing the applicant The Enclave, LLC. We'd just like to say we agree with the conditions set upon us by your staff and I'd stand for any questions if you have any. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Harris: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone wishing to provide testimony on this application? Okay. Seeing none, Council? Rountree: I have no questions. De Weerd: Okay. No questions. I would entertain a motion to close the Public Hearing. Rountree: So moved. Bird: On nine and ten? Rountree: On nine and ten. Bird: Second. De Weerd: Okay. Motion to close the public hearings on Items 9 and 10. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Further information needed? Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No.9, AZ 05-031, with the additional staff comments. Bird: Second. De Weerd: Okay. Motion to approve Item 9. If there is no further discussion, Mr. Berg? Meridian City Council August 23, 2005 Page 25 of 62 Berg: Thank you, Madam Mayor, Members of the Council. Also note that there was Findings attached to your recommendations. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 10. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, PP 05-031, to include additional staff comments and to approve the Findings. Bird: Second. De Weerd: Okay. Motion to approve Item 10. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: De Weerd: Okay. Item 11 is a Public Hearing on AZ 05-032. I will open with staff comments. Hawkins-Clark: Madam Mayor, staff was just prepared to give you an overview, but the applicant came to the staff table and is requesting a table, so could I turn it over to the applicant right now? De Weerd: Yes. If you will, please, state your name and address. Jewett: Jim Jewett, 516 South Capitol in Boise. I have to apologize to Council and the neighbors that are here tonight. As I was driving here I noticed there was no notice on the property, so I don't have knowledge that we have a proper notice. So, I don't know if you can go forward without that notice that we are supposed to provide. De Weerd: Okay. Well, we appreciate your honesty on that. Mr. Berg, if that's not properly noticed will we need to re-notice to the neighbors and post the property? Berg: Madam Mayor, our attorney has an opinion on what that process is. Meridian City Council August 23, 2005 Page 26 of 62 De Weerd: Okay. He never has an opinion. Nary: Madam Mayor, what we -- the process we have been following is that if one of the notices are improper, that we do need to provide proper notice according to the statute and we have had -- as you probably recall, we have had a number of these where the property didn't get posted. We have set the matter over and we have only reposted the property. We didn't resend mailed notice and the like. There are members in the audience. It's up to the Council and yourself, if you want to hear from them tonight. It is cumbersome to do that and, then, have a hearing later, so -- but that's certainly within your discretion. But all we need to do is repost the property and, then, reset the matter beyond the ten days that are required for that. De Weerd: Okay. Council, any comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah. I have no problem setting it and we probably ought to set it for the 13th of September at this point, so to make sure we have plenty of time to get the notice. But I wonder if there is any of the public here that was here to testify that cannot make it back for the 13th that would need to testify tonight? I'm like the counsel and -- I'd rather hear it on the night of the hearing than do it now, but if there is somebody that can't make it back on the 13th of September, then, I certainly welcome their testimony at this point, if that's your desire. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, the property notice is only ten days, so you can require that it be reposted and do it on the 6th if you want to. You can certainly do it on the 13th. It's not 15 days like your mailed notices, so just you know you don't have to set it that far away if you don't want to. De Weerd: Well, that's the day after Labor Day. Bird: Yeah. We are getting the 6th awful loaded. De Weerd: Okay. Well, we apologize to any of the public that were here to testify on this application. Is there anyone here who will not be able to join us on September 13th who would like to provide testimony this evening? Okay. Again, please accept our apologies and, Council, I need a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council August 23, 2005 Page 27 of 62 Bird: I would move that we continue Public Hearing AZ 05-032 to September 13th, 2005. Donnell: Second. De Weerd: Okay. Motion to continue Item 11 to September 13th. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 05-027 Request for Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: Item 13: Public Hearing: PP 05-027 Request for Preliminary Plat approval of 2 residential building lots on 4.7 acres in a proposed R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: Item 14: Public Hearing: CUP 05-034 Request for a Conditional Use Permit I Planned Development approval for one single-family home and five retirement homes on two lots in a R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: De Weerd: Items 12, 13 and 14 are public hearings AZ 05-027, PP 05-027, and CUP 05-034. I will open these three public hearings with staff comments. Hawkins-Clark: Thank you. And as far as I know, this one was noticed correctly. This application is for property on the east side of Eagle Road. South Eagle Road. This is about 700 feet south of Victory. This is the intersection of Victory and Eagle Road. The Kingsbridge Subdivision that the City Council approved fairly recently is located to the south and to the east. The project is currently Ada County zoning. RUT. And they are proposing to annex with an R-8 zone. The Comprehensive Plan, just to clarify why they are requesting a residential zone for the assisted living use, the Comprehensive Plan designates this area as medium density residential. That's what it envisioned and we have interpreted that medium density residential would allow for these senior assisted living -- you know, very residential character kinds of buildings to be permitted. They are really not viewed as commercial projects. So, we have recognized that the R-8 zone fits in the medium density residential. Assisted living facilities or, as our ordinance currently states them as retirement homes, says that they are a conditional use in the R- 8. The density would actually allow them to go with a lesser zone. However, the zoning ordinance's schedule of use does not allow for these retirement centers in the R-4 or the R-3 or the R-2, so they, in some ways, were forced to request the R-8 in order to get a Conditional Use Permit. So, that's the reason for the zone request being R-8. As you can see, there is a residence that's here on the northeast corner of the property. They are proposing to take no access off of Eagle Road, no new curb cuts would be Meridian City Council August 23, 2005 Page 28 of 62 constructed. All of their access points would be from the existing Falcon -- Falcon Drive. Let's see. I'll go to this site plan, it might be a little easier to read off of. So, their curb cut that they are proposing is after you come off Falcon Drive, would be located here just to the west of the existing house, which is here in this corner, once again. So, they are proposing to construct at their first phase two of the assisted living buildings and I'll flip through the elevations. You can see the rear elevation here on the top and the front elevation on the bottom. And, then, the side elevations are shown here. So, they are single level. They are proposing some rock wainscoting on the bottom strip. The construction style is pretty similar to the cottages which the same applicant has at Ten Mile and the Bridgetower area. Just to give you an idea that that's the product that they are looking at. So, again, those two buildings would be constructed in the first phase here. They are proposing a clubhouse as well as an amenity. The Planning and Zoning Commission is recommending approval. The three changes that they discussed and are forwarding on to you are -- the first one deals with the development agreement. The staff originally did not say that a development agreement would be necessary, but the Commission felt that that was important to help insure the residents that that was -- that this is the project that will be built. And so they have essentially said no more than five new buildings can be constructed, plus the clubhouse on the property. The second change that they are recommending is that a five-foot tall vinyl fence be constructed around the full perimeter. And, then, the last one has to do with the clubhouse amenity. Staff originally felt that the clubhouse should be constructed after the third building was constructed. They are asking that it be after the fourth. So, that would leave just one building left before the clubhouse technically would have to be constructed. So, that's more of a timing issue. The other amenities that they are looking at as part of this planned development are the ten percent open space and the gazebo. As you can see, most of this shaded area here is landscaped area and open space area. The buildings will be sprinklered. That was a condition that the fire department asked for and I think, actually, building code probably requires it in these facilities. All of the residents would be ambulatory. I think the only other thing to point out -- the annexation does include the entire property, but they are requesting that this existing house not hook up to city water and sewer at annexation, they are asking that they not be required to hook that up until they construct phase two, which, again, follows generally this dashed line here across the bottom of the slide. And I will end staff's comments there. De Weerd: Okay. Council, any questions for staff? Is the applicant here? Would you like to provide testimony? If you will, please, state your name and address. Maxfield: I'm Gerald Maxfield, owner and operator of the Cottages. My address is 1920 South Mayflower Way in Boise. De Weerd: Thank you. Maxfield: Up until recently that was a Meridian address, but we were just annexed to the fine City of Boise. Donnell: And we are sorry. Meridian City Council August 23, 2005 Page 29 of 62 Maxfield: Yeah. Any of you that have seen our project over in Bridgetower, this was the same -- all our buildings are the same. The only thing that really changes, of course, is the site and, therefore, the landscaping a little bit, but it will be just as nice as what we have done at Bridgetower as what we are doing here. We have met with the neighbors a number of times and addressed any concerns there. We are fine with the conditions that staff has recommended, with a couple of comments. We are fine with the development agreement that's been proposed. The vinyl fencing is something that we were going to do anyway, but it was not addressed on our site plan, so that was an oversight on our part. We are certainly fine with that. The written comments mention the clubhouse being done with phase one and that was never our intent. It was our intent to do that with phase two. And as Brad was speaking about that a minute ago, I think he actually worded that it would be after the fourth building. We are actually okay at doing it with the fourth building, which would set that time line up possibly quite a bit. I think that's the extent of my comments. I'm certainly available for any questions. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none, Mayor. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: This might be a question for Brad or it could be a question for you, Mr. Maxfield. You mentioned that the existing house is not being required to hook up to city water and sewer. Is that by their request or by the city's or -- I didn't quite understand what and why. Hawkins-Clark: No. If I said that I was incorrect. They will hook it up, it's just that they are asking that it not be hooked up with phase one. Donnell: And that is by the owner's request or is that-- Hawkins-Clark: Yes. Donnell: -- the applicant's request? The owner's. Of the existing -- Hawkins-Clark: Oh, of the existing -- I don't know. You will have to ask Mr. -- Gerald. Maxfield: We are actually okay with hooking it up as part of phase one. The thing that I didn't want to do was to hook it up prior to our construction. That was the only thing that I was really concerned about. Donnell: Okay. Meridian City Council August 23, 2005 Page 30 of 62 Maxfield: I just wanted to do it as a part of our construction project. Donnell: Okay. Rountree: With phase one. Maxfield: With phase one. Donnell: Okay. Thank you. De Weerd: Any other questions from Council? Okay. Thank you. Maxfield: Thank you. De Weerd: Is there anyone here tonight that would like to provide testimony? If you will, please, state your name and address. Turner: Good evening, Madam Mayor. My name is Brady Turner, I live at 3678 South Caleb Place in Meridian and that's in the Dartmoor Subdivision just to the south. In meeting with Mr. Maxfield on the development, the primary concern of the neighbors was the increase in the zoning from the low density R-3 to the upper density -- or the higher density R-8. We do understand that this is driven by the conditional use and the schedule of uses -- permitted uses of the City of Meridian, not necessarily the zoning or the actual density of the buildings. So, we -- as long as the condition three in your Exhibit D of the staff report is incorporated into the conditions of approval, which requires that a development agreement be entered into between the city and the developer that limits the site to no more than six additional primary structures, we feel that this would address our concerns about the increase in density should this project not go through or to up to defer, if you will, setting any future precedence's on this adjacent property development. So, with that we are fine with what they have proposed. De Weerd: Great. Thank you. Is there any further testimony on this application? Mr. Maxfield, do you have any final words? Okay. Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we close the Public Hearing on Items 12, 13 and 14. Rountree: Second. De Weerd: Okay. Motion to close the Public Hearing on Items 12 through 14. All those in favor say aye. All ayes. Motion carries. Meridian City Council August 23, 2005 Page 31 of 62 MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve the request for annexation and zoning, AZ 05-027, the Maxfield Subdivision, including all staff and applicant comments and other testimony on phase one. Bird: The existing property-- Donnell: Oh. And the existing property. You're just trying to put words in my mouth, aren't you? Rountree: I'm going to ask you anyway. Donnell: Okay. Bird: I will second that and -- De Weerd: There is a second with a couple questions. Donnell: Maybe so. Bird: You did include in your motion -- it included that the existing house don't have to be hooked up immediately, they just can be hooked up at phase one construction; right? Donnell: Yes. That was including all staff comments. Bird: I agree with you, Christine. Donnell: Okay. And there are Findings? Oh, amend the Findings as such. Oh, you're walking me right through this. Thank you very much. Did we get there? Bird: You bet. De Weerd: Any further coaching here? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 13. Meridian City Council August 23, 2005 Page 32 of 62 Donnell: Shall I try it again? Bird: You're on a roll. Rountree: This one's easy. Donnell: Okay. Madam Mayor, I'd like to make a motion that we approve AZ 05 -- I've got to make sure I'm on the right one. Oh. PP 05-027, request for preliminary plat for Maxfield Subdivision including all staff and applicant comments. Rountree: Second. De Weerd: Okay. We have a motion to approve Item 13. If there is no further discussion, Mr. Berg, will you, please, call roll. And that includes the Findings? Berg: Amended as such. Donnell: Thank you, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION cARRI ED: ALL AYES. Donnell: I've got the clerk so confused, Madam Mayor. Shall I try the next one? De Weerd: Oh, please. Donnell: Oh, Madam Mayor, I'd like to make a motion that we approve Item No. 14, CUP 05-034, request for Conditional Use Permit for Maxfield Subdivision, incorporating all applicant and staff comments, and approving the Findings. Rountree: As amended. Donnell: As amended. Rountree: Second. De Weerd: We have a motion to approve Item 14 as amended. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Meridian City Council August 23, 2005 Page 33 of 62 Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: May I ask Councilman Bird a question? De Weerd: Yes. Donnell: How many years have you been a Council person, Mr. Bird? Bird: How many what? Donnell: How many years? Bird: This is my eighth. Donnell: Okay. Maybe at the end of eight years I might be able to -- or I'm just through now. Bird: You don't think I make mistakes? You know I do. Donnell: Okay. Maybe after eight years I might able to do these right. Bird: You're doing a great job. Item 15: Public Hearing: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: De Weerd: You're doing fine. Okay. Item 15. Public Hearing VAR 05-015. I will open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This variance request is for a single-family residential lot in Bedford Place Subdivision here on the south side of Ustick between Meridian Road, about a quarter mile to the west, and Locust Grove. The application that you read goes into a good explanation in terms of why they are requesting this variance. There is a single family residence on the property today, which has a little over 11 foot front setback off of the -- what's the name of that -- East Edgar Street. And the addition was placed on in the mid '90s. It did receive City of Meridian approval, but it was apparently put on -- this is the existing house on the parent parcel, as I understand it, and prior to the actual -- this house being put on a lot is when they applied for the building permit to expand the residence -- the living area and go closer than the required 20 feet. I'll let Mr. Turnbull explain some of the history in terms of their ownership on the property, but there was a life estate involved and some other agreements that were made with the owner at the time. The Meridian City Council August 23, 2005 Page 34 of 62 owner did pass away last year and so there is a provision in the life estate that no longer is in effect. The bottom line here is that they did place a deed restriction on this lot, which stated that they could have the reduced setback until that current owner either moved -- either moved away or was no longer the owner. At that point, then, they would have to comply with the city ordinance for the 20-foot setback. So, the variance is they apparently changed their mind and would now like to retain the house as it is and they need a variance in order to accomplish that. So, there is sort of a two-pronged decision before you, I think. I don't know if the attorney needs to clarify or not, but I think we, essentially, have the variance, number one, would be for the setback, but, then, there is also a request to approve a change to the -- to this deed restriction, which I'm not sure of the technical process we need to do that, but they are asking, basically, for the City Council's approval of that. So, I think that's a summary of the application. The staff report that you have prepared by Craig Hood, he makes an analysis of all the Findings. He does find that there is not a significant impact on this community as the house is and, in fact, I think their application states they talked to some of the neighbors who really don't have an issue with it. But, as you know, we have to make all the Findings or you have to make all the Findings, really, to grant a variance and we cannot find where this was a situation that can't be remedied. So, we are recommending denial. De Weerd: Okay. Council, any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Turnbull: Good evening, Madam Mayor, Members of the Council. David Turnbull. 12601 West Explorer Drive, Boise. De Weerd: Thank you. Turnbull: Appreciate Brad's presentation of the staff report. Just give you a little background. We acquired this property in -- it was on my birthday, actually, in 1994. And when -- we granted in that acquisition -- Mrs. Davis owned the property and she was an elderly woman at the time and a widow and wanted to remain on the property until her death and so we granted her a life estate in the property and she just passed away, actually, last year. She was in her 90s somewhere. When we acquired the property and we layout our preliminary plat, we had an existing problem with her house, which was the garage, which would have conflicted with the required setbacks and so we, actually, relocated -- constructed a new garage in this area right here to mitigate that setback requirement. We actually acquired the property and we were into the development of the property and Mrs. Davis took her own initiative and decided she wanted to build a sunroom or a family room on the front. We weren't aware, really, of that condition, but she built -- the house ended about right there and so this is the little family room that she built on the front. I don't think anybody knew that that was a problem. The city, obviously, issued a building permit to Mrs. Davis and, really, didn't Meridian City Council August 23, 2005 Page 35 of 62 become an issue until we were into our final phase of development and during the platting and construction process we discovered that it was a problem with a setback issue and we brought it to the city and the city engineer wasn't willing to sign the final plat without the deed restriction, So, to say that we agreed to it was kind of like a shotgun type of -- we didn't really have any choice at the time, so -- I want to hand out just a couple of photos from across the street that will, hopefully, give you a little bit of a picture. De Weerd: I turn around in that driveway all the time. I drop my daughter across the street from there. Turnbull: The first picture there shows just the basic house. It shows you the sun room or family room out front. Shows you the garage on the right. I don't know how far that garage is set back, but it's substantially more than 20 feet. And, then, I took a picture kind of showing off to the right-hand side of the property in relation to the existing home there on the right. So, hopefully that gives you a little bit of a picture of the property. I just want go through Craig's staff report and just make a couple of comments. In required finding A, he states that -- this is more tongue in cheek, but he says the applicant could fairly easily reconstruct the home so it complies with all the setback requirements and I was just wondering if Craig would come out on the weekend and we could just shove that back about five or ten feet. It's not a simple thing. It's not -- it's not easily done. You know, it's not impossible, but it's not easily done. And the other comment that we acknowledged the substance setback and we agreed to comply with the 20-foot setback in the future, I have addressed that already, that, really, we didn't have a choice at the time. And I don't want this to sound like I'm pointing fingers, because this is just one of those things that happens, but, you know, the city received a building permit application from Mrs. Davis and approved that application. B, I want to point out that the staff acknowledges that -- the last sentence there, staff acknowledges that if this variance were granted it would not inhibit the general achievement objectives contained in Title 11. And, then, in item number C and D, I think that they are in full agreement with -- you know, that none of this would be injurious or would have a detrimental effect on the title of the Comprehensive Plan. So, I guess that we are in agreement with about two-thirds of everything that the staff presented here. They -- the questions remaining are, to my mind, three things. Does a strict enforcement of this benefit anyone and I believe the answer is no. Does a strict enforcement harm anyone? Well, I believe the answer is yes and, number one, it's going to be costly. Number two, it will decrease the value of the property, which means less tax revenue to the city and also would diminish the property values for the surrounding neighbors. So, I don't think that it's a benefit -- in fact, I'm not so sure that taking off that sunroom wouldn't take it down below the minimum square footage for the neighborhood. I can't verify that, but it is a significant part of the house. And, then, third, I'd ask you to consider is there an unusual circumstance here that would justify granting the variance. And, like I said, I'm not pointing any fingers, but you know -- Rountree: Go ahead. Meridian City Council August 23, 2005 Page 36 of 62 Turnbull: Well, no, I don't want to blame anybody, because this is -- this is really a situation of unintended consequences. But the city did grant the building permit after our preliminary plat was approved and it was in -- you know, which caused the setback issue with our preliminary plat There was no way to modify our preliminary or final plat and so we were stuck with that situation. So, I would ask that the City Council find that there is an unusual circumstance here that would warrant the granting of the variance and appreciate your favorable consideration and I'll stand for any questions. De Weerd: Council, any questions for the applicant? Bird: I have none. Rountree: I have none. Donnell: None. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Can I ask a question? De Weerd: I asked Council if they had any. Bird: He's a counsel man. Rountree: He's a counsel man. De Weerd: Wrong spelling. Yes, Mr. Nary. Nary: Thank you. Mr. Turnbull, one of the things you asked for was a -- also for the Council to grant this waiver -- or I guess rescission of the deed restriction. Turnbull: Correct. Nary: But was the deed restriction prepared by the city? I mean we can record a Council action. Turnbull: Yes. Nary: But I don't -- but we wouldn't normally prepare a deed -- a new deed for you. So, I guess I would be curious about that application. Turnbull: I believe that the city would just need to agree to recording a document that lifts that restriction. Meridian City Council August 23, 2005 Page 37 of 62 Nary: Okay. Thank you. De Weerd: Okay. Thank you. Okay. Is there anyone here present that would like to offer testimony on this application? It is a mystery solved, though. I don't know if I'm okay to turn around in -- I always wondered about that house. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Seeing nobody jumping up to testify, I move we close the Public Hearing on VAR 05-015. Rountree: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm prepared to make a motion to approve VAR 05-015, the request for a variance to allow a reduced front setback and approve the removal of the deed restriction placed on the lot for Bedford Place Subdivision by Brighton Corp at 596 East Edgar Street, to include all staff and applicant comments. Wardle: Second. De Weerd: Okay. Would that also include instructions for the attorney to draw up -- Bird: The Findings of Facts, Conclusions of Law, and decision of order. Rountree: And the reason why. Bird: And the reason why is because we give them a building permit and didn't check. Wardle: Second agrees. De Weerd: Okay. Mr. Nary, do you need any further instruction? Nary: No. That was what I was going to ask to clarify and so that it would -- Bird: When he looked at me, I -- Meridian City Council August 23, 2005 Page 38 of 62 Nary: The direction of the Council is the unusual circumstance and two of the findings that need to be made is based upon the city's action in regards to a building permit being used and that would distinguish it, then, from the other circumstances that we see occasionally where the city did not have any involvement, didn't issue a permit, and, then, somebody just built something on their own volition. So, we can distinguish that in the order, so -- De Weerd: Okay. Bird: See, Christine, I just sit closer to the attorney to keep me in line. Donnell: I see. Got it. De Weerd: If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: TCU 05-001 Request for transfer of Conditional Use Permit for a childcare center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue De Weerd: Okay. Item 16 is a Public Hearing on TCU 05-001. Open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This application is for the property located at 650 West Broadway Avenue, as shown on the screen. It's surrounded by higher density R-15 zoning on the north, south, and east. On the -- or, I'm sorry, on the south side it's got industrial zoning. There is four-plexes on the north and west, single-family residence to the east, and, then, a manufacturing yard, Capital Concrete Products, has their yard there across the street, across Broadway. The property today has this structure on it, which is being used as a day care, a child care center, and what the applicant is proposing to do is to transfer the Conditional Use Permit that was granted on this property to her under a new name. The parking area you can see is shown here. This is a shot from kind of right on their property line, generally about on Broadway, looking to the north and to the west. There is a couple of questions, I guess, that staff would just like the applicant to address before the Council tonight, that I'm not sure were completely covered in the staff report, but Joe Guenther's staff report does ask for clarification on their staffing and parking demands. There are four parking spaces on the site today. The proposed 24 children by ordinance would require five parking spaces. So, they would be one parking space short, if they were to have 24 children. So, we do need to have on the record some clarification on that. Also, the ten foot buffer landscaping ordinance requires ten feet of landscaping beyond local streets. So, in this case -- sorry, I don't think we have a site plan in our slide show, Meridian City Council August 23, 2005 Page 39 of 62 but this parking lot -- the cars -- there is two cars that park this way and, then, there is two cars in the garage. So, the ordinance would technically require ten feet, basically, from the property line adjacent to Broadway, then, into this site. So, it would be helpful to clarify if that would eliminate one of the stalls, If so, then, it would be two short. So, we need that confirmed on the record as well. And, then, on, finally, I think -- let's see. B-5. Exhibit S, No.5, of the staff report talks about the driveway and having a 44-foot wide curb cut, essentially. When Joe did a site visit he doesn't say when this was done, he makes the point that it was new asphalt that was poured at approximately 44 feet in width. Normally, Ada County Highway District doesn't allow driveways serving these single-family residents to be anymore than 30. So, I guess the question is when was that done and has Ada County Highway District approved the 44-foot width. So, I think with those questions being answered and clarified, we may -- staff -- you know, I may have some more questions. But I think if we could start with that. De Weerd: Okay. Any questions for staff, Council? Bird: I have none, Mayor, De Weerd: Okay. Is the applicant here? Gonzalez: Good evening. De Weerd: Good evening. If you will, please, state your name and address. Gonzalez: Yes. My name is Leslie Gonzalez. The address is 650 West Broadway Avenue, Meridian, Idaho. 83642. I'm here tonight -- first, I'll clarify your question. The actually writing of the application process was from four and a half years ago when the current owner Janet and Dahl Torgensen had applied and because it's a transfer, when I spoke with Nancy in the city clerk's office, she said that it's the same paperwork that is transferred along with this. The parking -- there is actually five parking spaces. There is one that's ADA approved. There are two parking spaces inside the garage where the staff parks, and two additional parking spaces outside and they face east and west, not north and south parking. The landscaping issue has already been corrected as of about four and a half years ago. It has a berm and with heavy foliage to eliminate any headlight problems for neighbors when customers are coming in and out. Is that -- oh, the 44 foot driveway. ACHD approved that with a driveway in exchange for the Torgensens to put in sidewalks, gutters, and curbs. So, that's all been taken care of. And ACHD sent with this application a letter that says that there is nothing that needs to be done. It was in our package that was sent to me yesterday. Can I answer your questions? De Weerd: My son is their neighbor, so I feel like a kid's night tonight. Gonzalez: Had I known you needed someone to say the pledge of allegiance, we could have brought the children, because they say it every morning, and nothing will touch your heart than hearing two, three, and four year olds say the pledge of allegiance. Meridian City Council August 23,2005 Page 40 of 62 De Weerd: Very true. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Would you clarify, again, the parking. You said there are five parking spaces, one ADA, and you said two staff -- Gonzalez: Two staff parking spaces in the garage. Donnell: -- in the garage. And two outside. Gonzalez: And two more -- Donnell: And two more -- Gonzalez: So, there is ADA, two parking spaces outside, for a total of three, plus two staff parking in the garage. Donnell: Okay. Gonzalez: That fulfills the requirement -- at least it did four and a half years ago. De Weerd: Brad, did you have additional questions? Hawkins-Clark: I'm having a little deja' vu, Mayor, because I -- as I was reading through this application I thought a lot of this sounded familiar. I think -- Gonzalez: When I spoke with Nancy in the clerk's office, she said because it's a transfer of a Conditional Use Permit that all the paperwork stays the same. Hawkins-Clark: Yeah. So, my apologies. I don't think that was made clear by Joe, who did the research and the staff report on this, so we should have -- I think if -- the choice for your transfer is all -- so, yeah, they, essentially, have complied with the original one. I was confused and now I'm not. So, I appreciate that. Gonzalez: We just want the opportunity to continue serving the families of Meridian. De Weerd: Thank you. Gonzalez: Are there any questions? Donnell: No. Meridian City Council August 23,2005 Page 41 of 62 Bird: I have none. De Weerd: Thank you so much. We appreciate your energy. Is there anyone who would like to provide testimony on this application? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close Public Hearing TCU 05-001. Rountree: Second. De Weerd: Okay. Motion to close Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 16 for the transfer of the Conditional Use Permit. Bird: Second. De Weerd: Okay. Motion to approve Item 16. Is there any further discussion? That includes the Findings? Rountree: Always, De Weerd: Always. Berg: Madam Mayor, just a question, because I didn't see any Findings, so I was going to ask if we needed Findings or a condition of order or something of that nature. This is a transfer, so it's kind of unique. Okay. So, we will prepare Findings for approval next consent item. Two weeks. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. And thank you. Meridian City Council August 23, 2005 Page 42 of 62 Gonzalez: Does that mean we are not approved until two weeks when it goes though consent item or can I close this deal? De Weerd: Mr. Nary, what does this mean? Nary: Well, Madam Mayor, I mean, technically, until you approve the Finding and the order, it isn't a final decision of the Council. So, if it's an issue about closing on a sale, technically, they should probably wait until it's actually finalized to do that, but -- Donnell: Then could we -- Nary: Mr. Berg has an opinion. Berg: Madam Mayor, could we prepare that information next week and I could put it on to the special agenda, that seems to be getting longer, but-- Bird: The 30th we are having a regular meeting I see now. Nary: Madam Mayor, Members of the Council, I mean certainly I wouldn't anticipate a change in this particular application, but I mean if they want -- if they need all the T's crossed, we can certainly do it by next Tuesday. Because it is a conditional use transfer, you are safer to have Findings and an order, rather than just taking, essentially, the action tonight. So, you don't have it finalized in front of you. But, again, I can't anticipate a change, but I mean the risk is theirs, but -- unless there is something with the SBA loan that requires your final approval before they close, it's just the comfort level of the buyer that you're not going to change your mind. Donnell: We are not going to change our mind. Nary: I certainly wouldn't anticipate that, but -- De Weerd: Okay. Well, we will ask the appropriate papers be prepared for next week-- Nary: We can do that. De Weerd: -- for Council action. Okay. Berg: Madam Mayor, if they need a draft copy of the minutes for any reason, we might have them Friday. So, if you need to take that to the bank for any reason. Item 17: Public Hearing: MI 05-008 Request to modify the approved Development Agreement for Cedar Sprinas Professional Center by Lynn Brown - northeast corner of Venable Lane and West Ustick Road: De Weerd: Item 17 is Public Hearing MI 05-008. I will open this Public Hearing with staff comments. Meridian City Council August 23,2005 Page 43 of 62 Hawkins-Clark: Thank you, Mayor, Members of the Council. This application -- it's a miscellaneous application, which is the application that we traditionally use for amending development agreements. And you have seen this property a few different times in the past. It is shown here on the north side of Ustick. Venable Lane. This is the half-mile point between Meridian and Under Road. About a year and a half ago -- this map doesn't reflect it, but this property was approved for a rezone to that c-N, neighborhood commercial. So, it should be red. I'm not sure why it's not, but -- and at that time, excuse me, the applicant got approval for this plat, along with a Conditional Use Permit. Have a -- it functions like a private street that was approved here. All of this infrastructure has been constructed, by the way, so if you have been out there, you have probably seen their curb cut off of Ustick, as well as Venable. There are seven- foot sidewalks on both. Anyway, the point of the meeting tonight is for this Lot 1, which they were approved for a car wash facility and a coffee kiosk down in this corner, with some vacuum units here next to Venable Lane. And the Conditional Use Permit said that they would have hours -- limited hours of operation for certain uses. It also said that there would -- the only uses on this would be the car wash and the coffee kiosk. So, what they have now that there is a new owner, they have a proposal to convert a portion of their approved car wash area to a convenience store. These are the elevations that were approved about a year and a half ago with the application. The south elevation, which is the one facing Ustick Road as shown here, they are -- as you can see, it's a well designed building. Their office units kind of compliment this in terms of the materials, but they are proposing to take a portion of this front area and change that to -- the first bay not to be a car wash, but to be a convenience store, I think somewhere between 1 ,600 square feet, 2,000 square feet, somewhere in that area. So, they are proposing that their development agreement be -- permit C stores. As proposed it would actually allow them everywhere on the site. I don't think that was their intention, but just for staff's clarification we added in our report that it would actually only apply to Lot 1, but that's, of course, up for your discussion. In terms of the hours of operation, on page two of the staff report I listed there that the drive-thru coffee-stand was limited from 6:00 a.m. to 8:00 p.m. and that fuel delivery and refrigerated truck operations were 7:00 a.m. to 6:00 p.m. They are requesting 24-hour operation on this -- on this lot. They currently have 24 hour for the car wash and fuel pump, but the coffee stand was limited and I think, you know, that was, in part, just because of the increased traffic that would be generated by that, as compared to a car wash, which is far more intermittent throughout the day. I also included in there the -- the Council's action. I feel there is probably three main questions that you want to consider tonight in your deliberations. One is was there neighborhood opposition or concerns to retail or C stores at the original hearing and there were two members of the public, Mr. Joe Simunich, as well as Mr. Bill Jackson, who did testify before you and both of them did raise concerns about auto-oriented uses in this area. The motion -- I also listed there Councilman Wardle specifically mentioned a Maverick convenience store, saying that that's not what you were looking at at the time and that's true, you weren't, but that was one of the reasons that you could infer was for approval there. It was clarified on the record, then, that the C stores would be permitted without a Conditional Use Permit and that, of course, the ordinance remains the same, they would not require a Conditional Meridian City Council August 23, 2005 Page 44 of 62 Use permit, since they have the C-N zoning. Except for the fact that they have to amend this development agreement. So, that was my first question. The second question we thought was important was do these modifications conform to the zoning ordinance in the Comprehensive Plan and I think, in fact, they do. I mean the ordinance does not address 24-hour operations. We typically -- recognize that commercially zoned land has that as a possibility and restrictions have been placed, as was on this application, to help protect the area, if there were neighbor concerns. But to allow a 24- hour operation would not violate any zoning ordinance, since it's not addressed. The Comprehensive Plan would clearly allow it. It actually encourages these kinds of service oriented uses in these neighborhood center areas. Then, the third question posed was a C store an appropriate use adjacent to an elementary school -- in this case a future elementary school. I did have a brief phone conversation with Wendell Bigham, who stated that they have no concerns -- no comments I guess were his actual words, that they have addressed this issue in other areas and since Idaho code is addressing several things regarding schools, in this case none of those issues, in terms of liquor sales or sexually explicit materials, those are addressed in state code and he says that's really what we relay on. So, the traffic concern with regard to the school is somewhat unclear. We do know that AcHD calculated higher traffic for C-stores than they do for car washes and -- but beyond that I think that's open to your interpretation. So, we are recommending approval of the change. We do recommend a restriction that the C store use in the 24 hour operation be only on Lot 1 and not apply to all five lots. So, I think these development agreements -- if you approve them, we, essentially, go back and modify them. It's really not an opportunity to change conditions. The last point is that during our meeting preparing for this today, I did bring up with the attorneys the fact that the Conditional Use Permit has these same conditions as the development agreement and I failed to point that out to the applicant a couple months ago when they first started talking to us that -- that you probably need to change the Conditional Use Permit as well. So, the only thing they filed was to change the development agreement, but it's the exact same conditions that are in both the Conditional Use Permit and the development agreement. The attorneys are recommending that if you move this on, that in order to at least get the public informed that the Conditional Use Permit would change, that we put it on an agenda in two weeks, that there is a change to the Conditional Use Permit for this sight. We wouldn't -- after re-notice or repost we have accomplished that with this meeting, but -- am I getting that right, Mr. Nary? I think, essentially, we would have to put it on the agenda in two weeks. Nary: Madam Mayor, Members of the Council, you know, what our recommendation would be is that if -- we don't do these like this anymore, because of this exact problem that you may have. We have had conditions in our development agreement that don't really belong there and so you have these two different processes to follow to make an amendment to it, but to be safe and to make sure, if that is your desire, then, your direction to staff can be to amend this application to include the request to amend the Conditional Use Permit as well, we can notice that on the agenda. It is the exact same people, so sending another mailed notice is really not necessary, in my opinion. Anyone who had interest would certainly be here today. You can continue this matter for two weeks. It would reflect on the agenda that you have amended the application to Meridian City Council August 23, 2005 Page 45 of 62 include the conditional use. It's the same information that you would be seeking from the public, if there is anyone from the public here to testify. So, you can still make the same decision, it's more of a house cleaning -- a way of doing it to make sure that when we amend the development agreement we don't have to come back through with the same amendment to the CU. Again, we don't have this come up -- we shouldn't have this come up in our newer ones since 'last year, because we don't do it this way anymore. But that would be the cleanest way to make sure that the CU gets amended as well, if that's your desire to do that. De Weerd: Thank you, Mr. Nary. Any questions for staff at this time? Is the applicant here? Fluke: Good evening, Madam Mayor and Members of the Council. My name is Daren Fluke is the JUB Engineers, 250 South Beechwood in Boise. De Weerd: Thank you. Fluke: This application falls in the category of best laid plans. When we submitted this application about a year and a half ago, the owner at that time had no intention of having a store on the property. In the intervening time since the property was built and subsequently sold, the new owner would like to have a store on the property. And so that's why we are here tonight. I just want to point out a couple things. For instance, this is really a pretty minor change to the application. The architect's done a fantastic job of incorporating the store into the original design. This is a really nicely designed car wash, I think you'd all agree, and the only change that you will really see is on the south elevation here, it just popped out from what was originally there and, then, we eliminated the coffee stand off of the site to make room for that. The square footage on the convenience store is 2,200 square feet, which is fairly small for this type of use. I would point out that we do lie within an area that is designated as mixed-use community on the Comprehensive Plan and that is the medium intensity designation of your three mixed-use zones. That designation does allow up to 25 acres of non-residential uses and up to 200,000 square feet of non-residential building area. This project in total has about four and a half acres, but just a bit more than that, with about 24,000 square feet of office. And, then, about 4,400 square feet for the car wash and, then, 2,200 square feet for the convenience store. So, your total square footage of non-residential uses is less than 30,000 square feet in this case. Well below that 200,000 square feet envisioned by the Comprehensive Plan for these neighborhood commercial areas. We think this is a use that fits well the car wash. It's really a convenience use for the neighborhood. We don't anticipate this generating a lot of additional vehicle trips and that is borne out by the Ada County Highway District transmittal, which we just received. It's dated August 16th, it's to Lynn Brown, the architect, and it's from AcHD and they have taken a pass on commenting on the application, because they anticipate it generating less than ten trips a day additional to what -- and I assume that that's because the uses are combined and incorporated come together. So, they really see this as one and the same use and not an additional traffic generator or a trip attractor, I guess you would say. So, I think they have done a really nice job designing this. I think Meridian City Council August 23, 2005 Page 46 of 62 this will be a nice amenity for the neighborhood and provide some commercial out there where the people who live in this area necessarily have to get in their car when they need a can of soup or a gallon or milk and it will fit real well with the neighborhood, as well as the Comprehensive Plan. De Weerd: What are the -- you know, everything looks good in black and white, but what are the colors on this? Fluke: I believe we are in browns. Is that right; Lynn? Yeah. De Weerd: And how about signage? Fluke: Brad, do you remember what we were -- I think a single monument sign is what we were approved for originally. I'm trying to remember. 1-- Hawkins-Clark: I don't recall you actually submitting for signs, you know, since we allow -- I mean the sign permitting process is separate from the conditional use. Fluke: So, I guess we will be submitting an application for our signage at a later date. De Weerd: Okay. I guess, Brad, what is allowed in this kind of zone as far as signage goes? Only monument? Hawkins-Clark: No. No. The C-N district, I believe, allows up to -- it's either 12 or 15 feet is the maximum sign height and I believe approximately 60 square feet. So, they could have a free-standing sign, you know, on Ustick Road. The master plan sign program's intent would be to have only one sign for the complex. So, it's not that you would see multiple signs along Ustick Road, but that one sign would potentially, you know, provide some kind of signage for both the offices and car wash, but, then, within the project each lot is permitted their own free-standing sign as well. And, of course, wall signs are in addition, but wall signs are nine percent of that area -- of the wall area that faces Ustick. De Weerd: Now, would that be for public comment? I guess the concern of having an application separate is exactly the pole signs, the lighted wall signs, those kind of things that are in a neighborhood area, one that will build out residentially. So, I guess that was my curiosity. Hawkins-Clark: Yeah. I mean I would point out this is right at the center of what is shown on the Comprehensive Plan to be a neighborhood center. So, we would anticipate if the general concept comes through, commercial on both the north and south side of Ustick here and, then, even on the other side of Venable Lane. So, the residence in the county immediately to the east of this today, they would have the potential to go non-residential in the future, so just to clarify. De Weerd: And is this a future location for a traffic light? Meridian City Council August 23, 2005 Page 47 of 62 Hawkins-Clark: In my conversations with Ada County Highway District, it is a possibility. They do not meet the warrants today, of course, but the half-mile is an area that they have typically -- you know, as you start to see these traffic counts build up -- I mean a lot of people -- at the p.m. peak hour would say they need a traffic light today as back out the -- De Weerd: Well, I would agree. Hawkins-Clark: But, as you know, they have other factors than just the p.m. peak that they look at before they put a signal up. But with the school there and a crosswalk across Ustick and across Venable Lane -- maybe Mr. Mills could address that better than anybody. I think it is a very real possibility. De Weerd: Well, with that four way stop sign on Meridian and Ustick, I mean it is nasty. Ifs nasty. Fluke: Madam Mayor, if I might. If I recall correctly, we did place money in the road trust fund for a signal -- a future signal at that intersection of Meridian and Ustick at the time the original Cedar Springs application went through. That was not true of Venable Lane, but I do concur with Brad that is on the half mile and that is typically allowed and by -- by the highway district and when they reach the warrant, then, typically they would install one with impact fees that have been generated in the area. De Weerd: Okay. Council, do you have any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you. Fluke: Thank you. De Weerd: Okay. I have a couple of people that have signed up. Phillip Pickett has signed up against. If you can, please, state your name and address. Pickett: I'm Phillip Pickett. I'm at 36 -- 3787 North Rhodes Avenue in Cedar Springs. De Weerd: Thank you. Pickett: We saw this sign up yesterday and thought we would come to the meeting. We talked to several of our neighbors and they were all very upset about the idea of having a convenience store there, especially the 24-7. Very upset. But because of late notice, because we just saw it last night, I don't think people saw that sign or they see the sign and don't stop to look at it. If you look at where the -- Venable is right there and Meridian City Council August 23, 2005 Page 48 of 62 you come up to the end, I think it originally -- Venable was supposed to go all the way through to Baldwin Park or something, but they put a stop sign there and put some fences up there and so right there at the end of that -- where the school is going to be and those homes, it takes a right and, then, a quick left on North Rhodes. So, we are the direct road that comes from Baldwin Park and, eventually, Cedar Springs north and those new developments right there. And our feeling is that as we develop that corner, one, we were probably okay with the car wash, because we didn't feel that in the middle of the night necessarily people are going to be driving down our road to get to the car wash, but we are concerned with the additional traffic with a convenience store and he was saying that maybe ten cars more may show up there a day or something like that. Just look at the traffic that's generated from the Maverick, the one on Linder and Cherry, and try to go in there sometime to get a can of beans or peas or some milk or whatever. It's very heavily used. A convenience store would be. It would be tremendous amount of traffic onto Ustick and Venable and North Rhodes and that's my concern today. The other thing is is you have got Settler's Park sitting right there that is developed for the children. I'm a soccer coach there and the kids are playing soccer until 10:00 o'clock at night. They are over there right now practicing and, of course, it's dark now, but they were practicing in the day. You're going to have a convenience store there, you're going to have additional traffic, and you're going to have a school there in a few years. My concern is -- and I know that everybody here has stopped in and bought a pop or got gas or something at night. My concern is that at 4:00 o'clock, 5:00 o'clock, there are men in there and people stop in there and they buy the big cans of beer and they go out in their car and they could pop it and they start drinking it as they are driving home, because it's been a hard day, they have been doing construction or whatever, and that school is going to be right there, it's going to be at the time when those kids are going home and I was actually shocked to hear that the people at the school weren't that concerned with the fact that a convenience store with alcohol and pornography is going to be right on the doorstep of the school. I'm concerned. I believe it's going to be bringing undesirable people into that area and you say, well, not everybody is undesirable, right, but some are, because if you look at the crime rates, probably the most high risk job that you could have is to be a convenience store clerk and usually that's in the evening from 10:00 to 11 :00 to 12:00 o'clock at night, that's when they get held up, killed, and the problems arise. And just a couple weeks ago over on Pattingham and Goldenrod, there was a 25 year old woman who was walking and it was about 10:30, 11 :00 o'clock at night and she was accosted by two men in an SUV, those things are all concerns to me, because of that area right in there where we were -- where we live and where this store is going to be built. De Weerd: Mr. Pickett, could you, please, summarize? Pickett: We didn't know that we could be against the convenience store part of it tonight, we felt it was a done deal, and maybe it is a done deal, but we are absolutely against having a convenience store there with the reasons that he mentioned when he went through those three concerns and the school and the park and we are concerned - - heavily concerned and totally opposed to the 24-7. Meridian City Council August 23, 2005 Page 49 of 62 De Weerd: Thank you. Pickett: Thank you. De Weerd: Any questions for Mr. Pickett? Okay. Thank you so much. Jenny Pond signed up against. If you will, please, state your name and address for the record. Pond: I'm Jenny Pond on 751 West Ashton Road and I'm on the corner of Venable and Ashton Road right there where it says T and continues on through our neighborhood that way. But I'm opposed, as well as they are, for the same reasons. I just wanted to go on record. De Weerd: Thank you very much. And, Brent, I'm sorry, I can't read your last name. Is sign up for. Brad Bellville is signed up for. And David Williams also for. Okay. Is there any questions that Council needs. Would the applicant like to, please, respond? Fluke: Madam Mayor, thank you. Daren Fluke, again, with JUB. I will be brief and just respond to the concerns of the gentleman. With regard to the comparison to the Maverick at Cherry Lane, I'd just point out that's a much larger store. It is also located at the intersection of two arterials that carry many many times more trips than this mid section facility here. So, I don't think it's a fair comparison as far as traffic generation goes. As far as generating trips from the park and people coming over, you will recall that we do have a pathway that was installed and the northeast corner of the property, it sort of coincides with where the park comes together with the school property as well and so there is pedestrian access between the park and the facility. People shouldn't have to get in their car to come over here and get a pop if they want to. If park users want to buy from the store, so much the better, and I don't see a problem with that. With regard to the hours of operation, it is their preference to have a 24 hour operation, although it's not a deal killer if the Council felt more comfortable approving this with some restriction on the hours of operation. The applicant would be amenable to that. So, really, I just don't -- convenience stores like this operate allover the city and with very little trouble and this is an exceptionally small convenience store on the middle of the mile, not at a permanent intersection. We think it will work real well for this location. De Weerd: Okay. Thank you. Any questions for the applicant? Hawkins-Clark: Just to clarify, Madam Mayor, one thing. De Weerd: Yes. Hawkins-Clark: In terms of the state code on the sexually explicit and obscene material, it is 2,500 feet from the schools is what the state code is, so -- which is a half-mile. So, that would certainly encapsulate this site. De Weerd: Okay. Thank you. And is there any further testimony -- I'm sorry. When I asked the person on the wrong sheet, I didn't ask if there was any further testimony. Meridian City Council August 23, 2005 Page 50 of 62 Okay. Go ahead, ma'am. J'm sorry, Daren. I asked you to wrap up before I asked. Please come forward. If you will, please -- K.Pickett: Kathy Pickett. I live at 3786 North Rhodes. De Weerd: Thank you. K.Pickett: In Cedar Springs. And I really feel like a convenience store is just going to tear down the value of our homes. I don't think it's necessary. I guess if a coffee kiosk went there I wouldn't mind that, but I'm dead set against having a convenience store. I don't think it's necessary. There is going to be a Fred Meyers store, why do we need to have a convenience store right outside our door? I just think it's going to add additional traffic. We already are flooded with traffic. You, yourself, said how congested that corner was at Ustick and Meridian Road. You're going to increase that with a school and that park isn't even finished yet and it's already over-traveled. And I just feel like this is totally unnecessary. Venable Road is nothing but a speedway already and you're just going to have people going there all day and all night just getting their drinks and their pops and their beers and everything else. I happen to live in that neighborhood and I don't want it. De Weerd: Thank you, Mrs. Pickett. Does the applicant have any final remarks? And I apologize, I got us a little bit out of order. Fluke: Madam Mayor, Daren Fluke, again, with JUB. I don't want to belabor this point, but with regard to trip generation, this is -- this type of use really feeds off traffic that's already on the road. It doesn't generate trips that are coming solely to come to this facility. And so they are people that are in cars traveling on Ustick Road, they stop to wash their cars or to get a pop or whatever at the facility, but people don't come out of their way to come to a store like this. A larger store, like an Albertson's or a Fred Meyer, is a trip generator, because people go there specifically. They leave their house to go there. This, basically, just captures trips that are already on the roadway, so that's all I have to add. De Weerd: Thank you. Okay. Council? Rountree: I have no questions. De Weerd: If there is no further questions, I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move to close the Public Hearing on Item 17. Bird: Second. Meridian City Council August 23,2005 Page 51 of 62 De Weerd: Okay. Motion to close Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Is there discussion? Rountree: Madam Mayor, just a point of discussion. De Weerd: Mr. Rountree. Rountree: There was an indication that the applicant was not opposed to conditions on on timing on the open -- I don't know where we are going to go with approval or not with this, but it seems to me that that's something that we need to discuss in any form, whether we take action on this. I would not be opposed to setting a limit to minimize the 24-hour aspect of the particular facility. I think we have imposed time restrictions in the past on these kinds of operations to 10:00 or 11 :00 o'clock in evening and I just throw that out for comment and/or consideration. De Weerd: Any discussion on that item or any further comments? Okay. If there is no further discussion, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 17, subject to staff comments and restrictions of operating hours of the C store to not be open past 11 :00 p.m. in the evening and not to be open prior to 6:00 a.m. in the morning. And Findings that would reflect the motion. De Weerd: We have a motion to approve with the additional conditions. Do I have a second? Bird: Second. De Weerd: Okay. I have a motion and a second. Discussion? Mr. Wardle. Wardle: Madam Mayor, for discussion purposes, one of the things that I -- and certainly I have been quoted in the application and have been considering this application. The one statement I made is that we were not looking at a convenience store and that's because the original applicant didn't bring a convenience store in. In our zoning, in the C-N zone, we do allow them as permitted uses and it was something that was excluded during that particular application and it wasn't discussed in general. The one thing that we have been struggling with as a city is what makes a good neighborhood center and Meridian City Council August 23. 2005 Page 52 of 62 it's a concept that hasn't been fully flushed out We have some people that are willing to try the neighbor center concept and to comply with our zones and we don't really have a clear picture of what those look like, because they are market driven. And this is an area that's market driven and, apparently, it's been sold, I would assume for a greater value than it was purchased for, which would lead me to believe that those market conditions are changing and I just take that into consideration, for not only this neighborhood center, but for the rest of the neighborhood centers within the city, that we have located and the development community is really asking us what do we want to see. De Weerd: Well, I guess I would make a comment and this is unique and many of the situations where we have identified neighborhood centers -- neighborhood centers are not typically located by a school or a park and I guess my concern is the alcohol factor. My kids play in that park. They play soccer. We have a baseball complex that will be going in. That's my only concern about this. And I know restricting it with the hours of operation is a great step, but it's just -- a convenience store, it concerns me about the convenience to the alcohol and that's my only comment. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: May I ask the chief, do we restrict alcohol in our city parks? I should know that answer, probably, but I'm going to ask it. Overton: Madam Mayor, Members of the Council, we do have a process where there is a permit that's required for alcohol in the city parks and we have to -- Donnell: So only for special uses, then? Overton: That's correct. And they have to be approved and signed off by myself and the city. Donnell: Madam Mayor, follow up? De Weerd: Uh-huh. Donnell: Then would this require additional monitoring by the police department, having a convenience store this close to a city park, particularly, since there is a walkway? Overton: I don't think it would require any additional enforcement by us, just like a supermarket that sells alcohol wouldn't require any more additional enforcement by us if it was close to a park. Donnell: Okay. Because just as an aside, I think of Lowell Scott Middle School, which was built 25, 30 years ago, and it sits on the corner across from a park and across from Meridian City Council August 23,2005 Page 53 of 62 a convenience store and a grocery store and many other stores. So, I just wanted to clarify that. De Weerd: Okay. We do have a motion to approve. Is there any further discussion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: The other issue in the conditional use, you -- the Council hasn't addressed, if you want to take the action with the development agreement, you're going to also need to take the action with the conditional use and continue this matter for a couple of weeks, so you can bring back the amendments to the development agreement in a couple of weeks, but you also want to discuss the conditional use in directing staff to bring different conditions back for amendments to that as well if you want to do that. De Weerd: Okay. So, Mr. Nary, I guess with that said, is the motion to approve appropriate at this point or would it be that the Council would instruct the city to move forward with the CUP, so they could be considered at the same time? Nary: Madam Mayor, Members of the Council, you know, if -- it would probably be cleaner if the Council's direction is to consider an amendment to the development agreement and you'd like staff to come up with some changes to the condition and we bring all of that back to you in two weeks and, then, we could put that on your agenda, so that there is opportunity for public comment. One of the comments made tonight was there was some neighbor that didn't see the sign early enough to maybe have other people, there may be other comment that may be appropriate that you may want to hear. So, rather than directing that now, you can certainly direct us simply to bring back that proposal in a couple of weeks and based on your direction you're still free to do whatever you wish to do at that juncture, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, as I understand listening to Mr. Nary, that we need to reopen the Public Hearing and, then, continue that, because he's expressing neighbors not -- I'm sure the property was posted right and we got those big signs. As blind as I am, I can see them driving by. I don't know. Why wasn't this brought in with the application if we was going to have to change the -- we are asking for a change in the development agreement, why wasn't the CUP brought in at the same time? Now we got to put this off for two more weeks. Rountree: Only if we approve the -- Bird: Right. If we approve it. Well, yeah. Meridian City Council August 23, 2005 Page 54 of 62 Nary: Madam Mayor? De Weerd: Yes. Nary: I certainly wasn't -- and I didn't mean to make it appear that you have to continue the Public Hearing. You can continue this matter on your agenda. You still have to take action on the conditional use at some point, because that's already -- that's already in the record, there are already conditions on the property. You can move to amend the development agreement and go forward and you can move to direct the staff to take care of the conditional use and you're still going to have to provide notice and all of that. You're just going to do it separately. So, if you want to combine it and do that together, you can direct staff to amend this application, we will notice it on this agenda in two weeks, we will bring back the amendment to the development application before you in a couple of weeks, so we can do all that. You don't have to have another hearing, you've had a hearing tonight. All you're doing is directing staff to bring back the changes to the conditional use, along with -- if that's your desires to change the development agreement. So, you don't have to have another Public Hearing. You've had the Public Hearing tonight, you did notice up this. There is no notice that's necessary for that.. Now, maybe Mr. Hawkins-Clark has a different perspective on the changes to the condition, but it's the same issue that were before us, before you tonight. Bird: Excuse me. Madam Mayor? Okay. I got a question, then. If we are changing the CUP, then, we should have a Public Hearing; is that not right? If we are changing -- and, evidently, we are changing it quite a bit, I believe, because we are changing the development agreement. Nary: Madam Mayor, Members of the Council, what you have here is a -- is an odd circumstance that prior Council preferred to put conditional use conditions in the development agreement, along with the conditions that were imposed. What they have asked is to amend the development agreement to amend those conditions, which you're also having to, then, amend a separate document that contains those conditions. You can consider them heard before you tonight, based on the information that you have provided to you. It is, in my opinion, a cleanup to simply direct the staff to also bring those conditions back to you with the development agreement change. You are directing us to bring you back a document in the couple of weeks with those changes in the development agreement. That ultimately still has to be approved by you. In my opinion, you don't have to re-notice a conditional use change at the same time, since that was already in the notice that was provided as to what you're changing. You're not m-- you're changing the same items in both documents. So, to me, there is no necessity to have another Public Hearing. You have had that opportunity today. I don't anticipate you're going to get different information, you just may get more of it, but you're not going to get something different but you would have had the opportunity to have heard tonight. Now, again, Mr. Hawkins-Clark may have a different perspective from planning on the conditional use changes, but to me we are still -- we are still noticed up that we are changing something with this property, we have provided notice Meridian City Council August 23, 2005 Page 55 of 62 to the neighbors as required by statute, they have posted the property properly and all you're doing is directing staff to bring the other conditions that need to be changed at the same time before you in two weeks. Donnell: Got it. De Weerd: Okay. Mr. -- Hawkins-Clark: Madam Mayor, I -- that would certainly be a change from practice. You know, I mean we have -- whenever an applicant wants to change a conditional permit, we have treated it as though they were applying for new. So, the biggest change is that the Planning and Zoning Commission normally would hold a hearing to give their comments to you. And in this case that was not done. So, yeah, I guess one change is that, you know, the Planning and Zoning Commission on a modification to a Conditional Use Permit would make their recommendation to you. So, I -- you know, I mean process-wise it is new, but I mean I understand what Mr. Nary is saying, I mean I think that the -- the same issues are going to be addressed, but I mean, you know, from a planning standpoint the main thing is that we need to make sure that this conditional use that is running with the title on this property is correct and any change that you make tonight has a direct impact on that Conditional Use Permit. So, we need to definitely clean that up. I guess it's really a process issue. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Here is another alternative that you could consider. What is being asked -- and part of the problem is -- as Mr. Hawkins-Clark stated in his staff report, is that it simply wasn't caught at the time to notify the applicants that they need to, basically, apply to modify both the agreement and the conditional use. What you have before you -- and, again, I don't know what any of your preference is, but what you have before you is an application to amend your development agreement to allow a convenience store in this location where it's not currently allowed, based on that development agreement, and to amend those hours of operation. The applicant has indicated in their testimony that they would be willing to live with some amendments to those, but they didn't state what those were. You certainly have the ability to direct us to provide you an amendment to the development agreement to allow the convenience store and they can still come with a conditional use, so that you have better information in front of you, but from the applicant as to what's viable and practical for their uses, as well as whatever the neighbors think. Obviously, you have heard both testimony that they don't want the convenience store at all versus whether or not some usage of some conditions on those uses might be more appropriate. And, then, you could hear the conditional use change and all we have to do is change the development agreement currently and, then, you'd still be able to make a decision on what is appropriate and certainly is this allowed and to apply for it. Meridian City Council August 23, 2005 Page 56 of 62 De Weerd: Okay. Are you all clear on that? Donnell: Yeah. Right. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: My personal preference would be -- since we have heard staff say that the applicant came in, our staff directed them to this route to amend the development agreement, didn't talk about the conditional use that came up after the fact, certainly we have notification as legal counsel has given us, whatever decision we make this evening, if we vote in the affirmative, my preference would be to bring, as stated by Council's motion this evening, if vote in the positive, to bring that back in Finding form, allow the applicant the opportunity to comment at that point before we approve the Findings on the CUP. Can we do that, Mr. Nary? De Weerd: Is that something you said? Bird: That's a new wrinkle. Nary: Madam Mayor, Members of the Council, if you want to direct us to bring back an amendment to your development agreement to allow for a convenience store with some changes in hours of operation as proposed in the development agreement, we can do that. You still will have a conditional use hanging out there in some fashion. My only suggestion was if you want to consider the conditional use, you have, in my opinion, satisfied the notice requirements to do that. I agree with Hawkins-Clark, we haven't traditionally done that. Some of the things we -- the way we are doing this now isn't the way we traditionally did them either. But you have satisfied the notice requirements to the neighbors that a change is happening on this property, but I understand there is some significant concern that you have all expressed about the use here and how that would fit and blend into the neighborhood. So, you certainly can direct us to bring back the change to the development agreement. You can still hear the conditional use as we have in the past, you can certainly have that discussion, because at some point you're going to have to either make a decision to amend the conditional use or not. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Maybe I can muddy this up a little more. Common horse sense tells me that what we are voting today is just changing the development agreement and, then, I'm like Mr. Nary stated, I'm not comfortable with doing anything with the CUP until that's brought back to us. You got your finding on your development agreement, but, then, you have got to have changes on the CUP, too, that goes along with this property. So, somehow or other we have got to get a variance on the CUP back before us, because we can't act Meridian City Council August 23, 2005 Page 57 of 62 on something that isn't publicized and there was nothing publicized about the CUP. It's strictly on the development agreement. And I'm like Mr. Nary just said, let's vote on this, if it passes, then, we -- then, the staff and the applicant deals with the CUP and it comes back before us, because there is major changes to the CUP that goes with this property. And that at that point, then, all the neighbors and stuff can get out and testify one way or the other. And that's the way I see it, because there is nothing in the notification about a CUP, it's on the development agreement. So, we can't change -- I don't believe we can change the CUP at this point right now. That's my opinion. And call the question if there is no more discussion. De Weerd: If there is no further discussion, the question has been called for and I will ask Mr. Berg to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. And so staff would be -- the applicant and staff would need to come back with a Conditional Use Permit modification. And that, too, would be open for public comment, as I understand it. Mr. Nary. Nary: Madam Mayor, Members of the Council, what Council's action is that what you will get back in front of you in two weeks is an amended development agreement -- well, we will prepare an amended development agreement, you will get it back whenever they sign it. The amended development agreement will reflect the two things in the motion that I wrote down was that it would allow a convenience store, with the hours of operation limited from 6:00 a.m. to 11 :00 p.m. That's the only change. It simply allows them to ask for that use. If they choose not to, they don't have to. If they want to ask for something else, they can. The conditional use that is currently on that property limit those hours more -- differently, because it talks about a coffee shop and some other things. They need to make those amendments. They can do that, provide notice to the public, provide notice to the neighbors and, then, you will hear that before you for those changes. All you have done is allow them to ask for a different use than what was previously allowed. If that was your intent, that was what you did. De Weerd: Okay. Bird: Thank you, Bill. De Weerd: Okay_ Okay. And, now, Mr. Nary, just one final clarification. The property, then, would be reposted with the new hearing date? Nary: When they apply for the change to the conditional use -- and Mr. Hawkins-Clark will have to remind me -- would that have to go back to the Planning and Zoning Commission first or not? I don't recall. Meridian City Council August 23, 2005 Page 58 of 62 Hawkins-Clark: I'm sorry, I -- I didn't check the ordinance. I don't remember off the top of my head. Nary: I don't recall. So, they will have to go through the process, apply for that change, and it will either go to the Planning and Zoning first with recommendations to you or it will come here, but, yeah, the neighbors will be notified within 300 feet. The property will be posted. Item 18: Public Hearing: VAR 05-015 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: De Weerd: Okay. Okay. Item 18 is VAR 05-015. I will open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor and Members of the Council. This application variance actually has two different components to it. One is to request a change to parking. They are requesting reduced parking of seven spaces. The other component is requesting a reduction in the landscape buffer width along Meridian Road. This is three parcels south of Fairview Avenue on the east side of Meridian Road. Consigned -- Sherry's Consigned Furniture is adjacent to this. It's -- they are proposing -- actually, today, if you can see this dashed line here, there is a structure on the site. They have applied to demolish that and they actually have received a certificate of zoning compliance through our office for this corner piece here. There is, actually, I believe, two buildings and what they are proposing to do is connect them. So, they have received that today, because that square footage would require the parking which they can provide. But they are also wanting to add this area here, this L-shaped portion to the building and that would put the whole square footage of this site to a little over 10,000 square foot building. That would require 52 parking spaces and what they are showing here is 45. So, in order for them to construct this size of building that they want, they need this variance. So, that's what they have applied for in terms of the parking. The other component of this variance, the landscaping adjacent to Meridian Road, there are a couple of very mature good size caliper inch trees in this area and as our landscape ordinance encourages, they are trying to protect those and in order to do that, they have to make some sort of modifications and tweaks to their landscaped area and this area right here on the northern end of their site, as you can see, is pretty narrow. Normally, we actually require 25 feet of landscaping. We -- as you know in the Old Town area we are changing that under some new design guidelines to -- it just really doesn't make sense in the Old Town to have that large of a buffer. So, frankly, you know, a little narrower buffer in the Old Town area with more pedestrians probably works. Now, bear in mind any future changes to Meridian Road, this may be a moot point, but for the time being that's what they are proposing to do. So, staff -- staff thinks that these are -- these are site -- this is all the site that they have to work with. We think that the benefit to the city works in favor that seven parking spaces is not going to Meridian City Council August 23, 2005 Page 59 of 62 create any kind of public injury or hardship and so we are recommending approval of this. De Weerd: Thank you, Brad. Is there any questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address. Palmer: Mike Palmer. 264 East Knoll Court, Eagle, Idaho. I agree with those guys. De Weerd: Well, thank you. Palmer: What we are doing is we are saving some trees -- some bigger trees back in -- instead of making parking lot -- I'll show you. De Weerd: Sir, you have the microphone right there if you would like to -- Palmer: This area here, instead of making this parking spots, we are going to keep it and add -- there is two really large trees in there right now and that's what -- we are kind of swapping this area for that area there. De, Weerd: Do you have any questions, Council, for the applicant? Bird: I have none. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Are you taking my nail place? Palmer: We are going to move it to a nicer place. Donnell: Oh. Palmer: It's going to move into that other spot. We have already talked to her. Donnell: Okay. But that building's coming down? Palmer: Correct. Donnell: Okay. De Weerd: Is that acceptable? Meridian City Council August 23, 2005 Page 60 of 62 Donnell: As long as they keep it right there. Palmer; She's going to move about 30 yards. Donnell: Good. De Weerd: Thank you. Is there any further testimony on this application? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more, I move that we close the Public Hearing for VAR 05-015. Donnell: Second. De Weerd: Okay. I have a motion and a second on Item 18 to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Mr. Wardle. Wardle: Madam Mayor, just for discussion purposes, certainly agree with that staff's comments about the Old Town area. The one thing that I'd like to point out, especially with our decision and resolution this evening, that this is going to definitely become the very very edge of Old Town pedestrian oriented Meridian as we move traffic through it. And so traffic variations in areas in the outskirts of this certainly wouldn't qualify for the same considerations in the future. De Weerd: Thank you. Any further comments? Okay. Do I have a motion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to move that we approve -- I'm going to go back. Item No. 18, request for a variance 05-015, for the reduction of parking spaces and modification of the parking lot landscaping requirement. Rountree: Second. Donnell: And approve the Findings. Rountree: Second agrees. Meridian City Council August 23, 2005 Page 61 of 62 De Weerd: Okay. Motion to approve Item 18. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 05-1173 : AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: De Weerd: Okay. Thank you. Item 19 is Ordinance No. 05-1173. Mr. Berg, will you, please, read this by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1173, an ordinance for annexation of property located in the southeast one quarter of the southeast one quarter of Section 17, Township 3 North, Range 1 East Boise Meridian, Ada County, Idaho, as described in Attachment A, annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-G in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, the Idaho State Tax Commission as required by law and providing for the summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Hearing nothing, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance 05-1173 with suspension of rules. Rountree: Second. De Weerd: Motion to approve. If there is no further discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 20: Executive Session per Idaho State Code 67-2345(1)(a)(b)(c)&(f): Meridian City Council August 23, 2005 Page 62 of 62 Donnell: So moved. De Weerd: Thank you. Do I have a motion to adjourn into Executive Session? Bird: Second. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRI ED: ALL AYES. EXECUTIVE SESSION: MEETING ADJOURNED AT 11 :19 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ ATTESTE August 19,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 23,2005 ITEM NO. 5~B REQUEST Sanitary Sewer Easement Agreement for Devon Park ( Lots 1. 2. & 3) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 8/15/2005 Re: Proposed Agenda Items for 8/23/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 8/23/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Devon Park (Lots - 1 2 & 3), Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Devon Park (Lots. 1,2,& 3) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER EASEMENT THIS INDENTURE, made thist-1 day Oft!v}d!, 2022-between FAt!ZJJ/ptu /AJ<'f$tLC ) the parties of the first part, and hereinafter called the Grantors, and the City of Meridian) Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS) the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW) THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However) Grantee shall not be responsible for repairing) replacing orrestoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they 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 Sewer Main Easement EASMT.SWR.doc purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof) shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed ofthe aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their sign {ures the day and year first herein above written. Fa. .e Lak s, Limited Liability Company Douglas TaJura Managing Member STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of .:rtlAJ~ ) 20 6( before me, the undersigned, a Notary Public in and for said State) personally appeared D(Ju~ 4r -aM lll2A , known or identified to me to be the Managing Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) ~ X'k~.k,-__~ NARY PUBLIC FOR IDAHO Residing at~/r,c 77J Commission Expires: /d;.0i3.crJ' GLENDA HILDEBRANDT Notarv Puhlic Statt: ;11' Idaho Sewer Main Easement EASMT.SWR.doc CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on : STATE OF IDAHO, County of Ada, ) On this _day of ,2005, before me, the undersigned, a Notary Public in and for the State ofIdaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: RSq~,~ Anderson Survey Group.com ~ EXHIBrT A Legal Descriptions for Devon Park Subdivision No.1 Sewer Easement A parcel of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows Commencing at a point marking the section corner common to section 5,6,7, and 8 in Township 3 North, Range 1 East of the Boise Meridian; thence along the section line common to said section 6, and 7, North 89028'06" West a distance of 2264.25; thence departing said section line North 00000'00" West along the east right-of-way of North Lakes Place, a distance of 211.77 feet to a point marking the TRUE POINT OF BEGINNrNG; thence leaving said right-of-way, North 90000'00"East, a distance of 520.20 feet; thence North 00000'00" West a distance of 20.00 feet; thence South 90000'00" West a distance of 520.20 a point on said east right-of-way of North Lakes Place; thence right-of-way line South 00000'00" East, 20.00 feet; to the Said parcel of land contains 10,404 sq. ft., more or less. BIIIIIIf.R:_IIIII/iiIliII-'iIIIIIIB'.'lIIIl.. _1Il!IIIi~1'lIl!I ~___:_'/!iiIII._" __~ 357 E. Watertower Ln., . Suite F. Meridian. 10 83642 P.20B.BBB.7345 . F.200.88B.7354 (c >0018) I JU S3Dlld '!S >1008 1111111 SC/31113S I I _ I I ~ I _L_,_l_~__J___t__:-// : ~a uoL oUI:~..L ~_: 3 MuLO,! I. ODS " I ~ !!! ~~i ~~<'l ~~~ ~!! >': E-< ~~ CQ~:S ~i=: ~~~ ~~~ ~~~ ;;" BRASS CAP t<n DO ~( ..,,"' I 1~ I I I 'f... ~Ib ~. F"ir, I I~; -~{ ~~ I~ I I I I I I I ~ I G ;] I ~ I g I 5 ~ ~I ~ vi 1~1- ~ lel~ r--~ I ..; I I~ i II~ ~ III~ I~ I C2i August 19, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Kimball Properties, LLC AZ 05-019 August 23, 2005 ITEM NO. 5-C REQUEST Development Agreement - Request for Annexation and Zoning of 10.9 acres from RUT to C-G zones for Dorado Subdivision - northwest comer of South Eagle Road and East Overlanc Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Development Agreement u;(/ Contacted: Emailed: Phone: .tK ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 09/02105 10:40 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 67 111111111111111111111I1111111111I II1I 105127512 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kimball Properties Limited Pminership, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreemenf'), is made and entered into this I q i:f:: day of ~t1fr ,2005, by and between City of Meridian, a municipal corporation of the State ofIdaho, her after called "CITY', and Kimball Properties, Limited Partnership, hereinafter called "OWNERJDEVELOPER)' . 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full) herein after referred to as the "Property'); and 1.2 WHEREAS, LC. ~ 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development of the subj ect "Property'); and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner') has submitted an application for annexation and zoning of the "Property's)' described in Exhibit A) and has requested a designation of (C-G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property)' will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE] OF9 1.7 WHEREAS, City Council, the 16th day of August, 2005, approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refened to as (the "Findings))); and 1.8 WHEREAS) the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City') in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6) 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho) whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERlDEVELOPER": means and refers to Kimball Properties Limited Partnership, whose address is PO Box 8204, Boise, Idaho 83707, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada) City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Retail And DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE20F9 Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance for the C-G zoning district as codified at Meridian City Code Section 11-7-2 (K)' 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. Notwithstanding the status of the property as a planned development, no new buildings are approved for construction on that part of the property that is identified as lots 1,2,3, 15 & 16 on the preliminary plat except pursuant to an application for conditional use permit submitted to and approved by City prior to submittal of any Certificate of Zoning Compliance application and/or building permit. If the property within Overland Way Subdivision adjoining said lots to the north and west ceases to be used for residential purposes, this requirement shall be deemed waived with respect to any of said lots which abut such adjoining property. 2. Allow five foot landscape buffer along the west perimeter of lots 13 & 14. 3. A five foot perimeter landscape buffer will be allowed for lots 1,2,3, 15 and 16 with the owner/developer having the following options: a) Provide a surety for this landscaping until conditional use approval is granted) or b) Install the required landscaping for lots I, 2) 3, 15 and 16 with all other perimeter landscaping, and install alternative compliance landscaping upon conditional use approval (ifrequired). Alternative compliance will include a6 foot high fence and added landscape. 4. Allow a maximum height variance of 60 feet for the hotel use. 5. Drive thrus as an allowed use for banks and restaurants. 6. Allowed uses are restaurant, retail) hotel, banks and office. 7. Alternative compliance allowing for the right-in-only entrance off of Eagle Road to be considered part of the 35 foot wide landscape buffer. 8. Allow a detached sidewalk to be considered part of the 35 foot wide landscape buffer along Eagle. 9. There is currently a 20 foot landscape buffer separating lot 1 from Loder Street. Applicant will provide an additional five oflandscaping to the existing landscape buffer. DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 3 OF9 10. A site plan for each building site, showing the elevations and building orientation, shall be submitted prior to issuance of a Certificate of Zoning Compliance application and/or building pem1it for that site. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein may, pursuant to Section 7 hereof) be terminated) and the zoning designation reversed, upon a material default by the "Owner" or "Owners" heirs, successors, assigns, of the terms hereof, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code S 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 7.2 Notwithstanding the foregoing, if any default arises solely from the act or omission of a successor owner of any lot or parcel within the Property) the "City's)' right to terminate this Agreement and reverse the zoning designation shall apply only to the specific lot or parcel owned by the defaulting party. 8. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City') that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner/Developer)', "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property'\ fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, subject to the provisions of Section 8 hereof. 9.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 4 OF 9 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits) at "Owner's" cost) and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation) the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property') contemplated hereby, the "City)' shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants) agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City)) and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include) without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City)' may also require surety bonds) irrevocable letters of credit, cash deposits, certified check or negotiable bonds) as allowed under Meridian City Code g12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all utilities, driveway approaches, common landscaping, and any other required common infrastructure improvements are completed, unless the "City') and "Owner') have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City)'. DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE50F9 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law) this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows; CITY: c/o City Engineer City of Meridian 33 E. Idaho Avenue Meridian,ID 83642 OWNER/DEVELOPER: Kimball Properties Limited Partnership PO Box 8204 Boise,ID 83707 with copy to; City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17 . ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding UpOll and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's)' corporate authorities and their successors in office. This Agreement shall be binding on the "Owner') of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" , to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 6 OF 9 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction) such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "O\Vl1er" and "City)) relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "O\Vl1er)' and "City") other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing( s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. [signature page follows] DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE70F9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: ITED PARTNERSHIP CITY OF MERIDIAN DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE80F9 STATE OF IDAHO, : ss: County of Ada, ) On this ]gtday Of,:gv~/<\T ,2005, before me, the undersigned, a Notary Public in and for said State, personally ap ared Winston H. Moore) known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same. (SEAL) IN WITNESS WH~~iIi"l,~ave hereunto set my hand and affixed my official seal the day and year in this ce~&Hi~JJ~~ written. I"~rot".. .II.~~~--t-\~ I ~OTA:IlJ-- \ : .. ~ . '" ~ j I" -.. c l! ~ Co~ '\ <.p. \. PUB ".\ I Notary Public forIdaho \~~~.~.......~~~~~ Residing at: lIfenrllUV) ~~.,.,#,,:,~.~.~~,"".. My Commission Expires: 10 "31 ,Ot 0 STATE OF IDAHO : ss County of Ada On this~ day of ~ ",s+ ,2005, before me, a Notary Public, personally appeared Tammy de Weerd and Willi ,.G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City) and acknowledged to me that such City executed the same. (SEAL) ~..~",~~~~I~~';f##### ,~.. '\ ~~.....o".oo. 4r~"\ lO ~OTA~ .0.,. 'r$> '\ '\ { Jl -.- ~ } * ~ <.: \~ lJBL1C ~,l l . '..:~~~~,'..~':~~,~}":::~l /3L~ b ~tary Public for Idaho (Residirlg at: J1Je,i/;Q.fA, "Ii": C-vo '~ission expires: 1)(/ /:;Lb /07 DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION) PAGE 9 OF 9 DESCRIPTION FOR DORADO SUBDIVISION APRIL 1,2005 A PARCEL OF LAND LOCATED IN THE SE X OF THE BE X OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEMCING AT THE SOUTHEAST CORNER OF SECTION 17, T.3 N., R. 1 E., B.M., THENCE S 89046'18" W 95.86 FEET ALONG THE SOUTH LINE OF SAID SECTION 17 TO A POINT; THENCE N 00000'00" W 70.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89046'18" W 881.94 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO A POINT; THENCE N 00007'14" W 148.00 FEET TO A POINT; THENCE N 89046'18" E 300.90 FEET TO A POINT ON THE EASTERLY BOUNDARY OF OVERLAND WAY SUBDIVISION; THENCE N 00006'14" W 586.38 FEET ALONG THE EASTERLY BOUNDARY OF OVERLAND WAY SUBDIVISION TOA POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84; THENCE S 79023'26" E 79.57 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT; THENCE N 89019'30" E 466.94 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT; THENCE S 44058'24" E 69.87 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; THENCE S 00040'30" E 653.43 FEET ALONG THE WESTERLY RIGHT OF WAY OF_EAGLE ROAD TOA POINT; THENCE S 44033'19" W 28.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. 18196SUB ~ W:H. MOORE ICOMPANY Real Estate Development a Dorado BusinsGI Cornpu8 l!1COS. BonitD Wav.Suite 160 Meridian, ldsha {l3Ml P.O. Box 8204 Bolte. J4.ho 83707.2204 TELEPHONE (200) 323-1919/FAX 323-7523 Date: August 16,2005 RECEIVED AUG t r. 2003 To: Mayor de Weerd and City Council City of Meridian 33 E. Idaho Ave. Meridian, Id 83642 CIty of Meridian City Clerk Office From: Jonathan R. Seel Subject: Dorado Subdivision AZ -05-019 PP-05-024 CUP-OS-031 We have reviewed the Amended Staff Report and Findings of Fact and Conclusion of Law and Decision & Order for the referenced development application. Although we believe s1affhas addressed the conditions as approved by Planning & Zoning, they are dispersed through out numerous exhibits and reports. .As this might cause some confusion we would like to outline our understat1.ding of what was approved at the Planning & Zoning Hearing for this project: 1. Notwithstanding the status of the Property as a planned developmen~ no new buildings are approved for construction on that part ofllie Property identified as Lots 1,2,3, 15, and 16 on the preliminary plat attached hereto as Exhibit B except, pursuant to an application for conditional use permit submitted to and approved by JlCity" prior to submittal of any Certificate of Zoning Compliance application and/or building permit. If the property within Overland Way Subdivision adjoining said Lots to the north and west ceases to be used for residential purposes, this requirement shall be deemed waived with respect to any of said Lots which abut such adjoining property. 2. Allow five foot landscape buffer. along the west perimeter of lots 13 and 14. Joseph Guenther Associate City Planner July 26. 2005 Page 2 3. A :five foot perimeter landscape buffer will be allowed for lots 1 ~ 2, 3, 15 and 16 with the applicant having the following options: ' a) Provide a surety for this landscaping until conditional use approval is granted, or h) Install the required landscaping for lots It 2,3, 15 and 16 with all other perimeter landscaping. and install alternative compliance landscaping upon conditional use approval (if required). Alternative compliance will include a 6 feet high fence and added landscaping. 4. Allowa maximum height variance of 60 feet fOT the hotel use. 5. Drive tbrus as an allowed use for banks and restaurants. 6. Allowed uses are restaurant, retail, hotel, banks and office. 7. Alternative compliance allowing for the ri.ghtNin~on1y entrance off of Eagle Road to be considered part of the 35 foot wide landscape buffer. . 8. Allow a detached sidewalk to be considered,part of the 35 foot wide landscape buffer along Eagle. 9. Applicant agreed to a development agreement. 10. Applicant will provide a plan for an amenity showing elevations and dime1l5ions prior to City Council hearing. 11. There is currently a 20 foot landscape buffer separating lot 1 from Loder Street. Applicant will provide an additional five oflandscaping to the existing landscape buffer. Thanks for assistance in this.matter. 00: Meridian City Clerk Anna Canning, Zoning Administrator Bill Nary, City Attorney CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 10.9 Acres from RUT (Ada County) to C-G (General Retail and Service Commercial) AND Preliminary Plat Approval of Sixteen (16) Commercial Lots AND Conditional Use Permit Approval for a Planned Development for a mixed commercial project of retail, hotel, restaurant, with drive-thrus and a maximum of a Sixty (60) foot height standard for Dorado Subdivision, Kimball Properties, LLC. Case No(s): AZ-05-019, PP-05-024, CUP-05-031 For the City Council Hearing Date of: August 16,2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the August 16,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ AZ-05-019, PP-05-024, CUP-05-031- PAGE I of 5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Kimball Properties, LLC, W,H. Moore. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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.e. g67- 6503 ). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected pmty requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated April 1, 2005 as shown in Exhibit B, the Site Plan presented on July 7,2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a co~dition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ AZ-05-019, PP-05.024, CUP-05-031- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated April 1, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan presented July 7,2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ AZ-05-019, PP-05-024, CUP-05-D3l- PAGE 3 of 5 conceming 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. 2. Please take notice that this is a final action of the goveming body of the City of Meridian, pursuant to Idaho Code 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Legal Description Approved Preliminary Plat (with conditions) Approved Site Plan (with conditions) Annexation and Zoning Conunents Preliminary Plat Site Specific and Standard Conditions CUPIPD Site Specific and Standard Conditions Zoning Amendment Findings Preliminary Plat Findings CUPIPD Findings By action of the City Council at its regular meeting held on the ;LJ-Ufu ('-I- ,2005. / b I-A day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~t COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED-==- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ AZ-OS-019, PP-05-024, CUP-OS-031- PAGE 4 of 5 \\\\\\\I~lllll_IJj'IIJ/J Attest: ...,3'\~"4, Of M fflffff j" (}'-.' ~\- 1 l .~ ~ ~ '-- WI 1'1 rY\ >4\J lJV\ - fl:'1'J1 14 I ! f ~ ; ~ L ) ~ William G. Berg, Jr., City Clerk J ~ " ""'~.t?j J \ ~ ~ ' ~~ ~J?}~ Copy served upon Applicant, The Planning an;Zo,ntf\.~t;~.rp~r~ent; Public Works Department J'f1t.4J. and City Attorney. B y\ 1-vVHVt -A,\ 9 G JVV City Clerk Dated: q-] ((J -OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ AZ-05-019, PP-05-024, CUP-05-03I- PAGE 5 of 5 Dorado Subdivision Exhibit A EXHIBIT A Dorado Subdivision AZ-05-019 Legal Description DESCRIPTION FOR DORADO SUBDIVISION APRIL 1, 2005 A PARCEL OF LAND LOCATED IN THE SE Y. OF THE SE Y. OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEMCING AT THE SOUTHEAST CORNER OF SECTION 17, T.3 N., R. 1 E., 8.M., THENCE S 89"46'18" W 95.86 FEET ALONG THE SOUTH LINE OF SAID SECTION 17 TO A POINT; THENCE N 00.00'00" W 70.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89"46'18" W 881.94 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO A POINT; THENCE N 00"07'14" W 148.00 FEET TO A POINT; THENCE N 89.46'18" E 300.90 FEET TO A POINT ON THE EASTERLY BOUNDARY OF OVERLAND WAY SUBDIVISION; THENCE N 00.06'14" W 586.38 FEET ALONG THE EASTERLY BOUNDARY OF OVERLAND WAY SUBDIVISION TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84; THENCE S 79"23'26" E 79.57 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT; THENCE N 89"19'30" E 466.94 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT; THENCE S 44"58'24" E 69.87 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT ON THE WESTERL Y RIGHT OF WAY OF EAGLE ROAD; THENCE S 00.40'30" E 653.43 FEET ALONG THE WESTERLY RIGHT OF WAY OF, EAGLE ROAD TO A POINT: THENCE S 44"33'19" W 28.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. 18196SUB Dorado Subdivision Exhibit A MICHAEL E, MARKS, P,L,S, N0.499S THIS PARCEL CONTAINS 10.90 ACRES, MORE OR LESS. 18196SUB 184 S 79"2.3'26" N 79,ST t 3= i-J '<:j- ':.r'ix:J r.-) l.O ';1") (0 (0' W 0(0 .w Cl 8m 'b '<l:: 1"1 :i :s: z 0 !:I '<:j- ~ ~N b 0 VI ~g (f) g~ zY- 16 S 89'46'18" W 21 E OVERLAND ROAD REVISIONS BOUNDARY EXHIBIT FOR DORADO SUBDIVISION SE 1/4 SECTJON 17, T.3 N., R.1E., B.M. ADA COUNTY. IDAHO G Stanley Consultants II.<:. 1940 S. BONITO WAY SUITE 140 MERIDIAN. IDAHO 83642 208-288-0573 JOB !IO. lalSo Dorado Subdivision Exhibit A EXIDBIT B Dorado Subdivision PP-OS-024 Approved Preliminary Plat I ---I 1//:; :! ~ " :!.. J //#/ /// .. ,," .J'''' ~/ .f / .- --:.. (/~ ~ ,," -~.....~ ~.II I'~:'i fJI,.!I!,f~R ii ; i: . ,I rz! flinl I: Dorado Subdivision Exhibit B EXHIBIT C Dorado Subdivision PP-OS-024 Approved Site Plan r -84 Off-Ramp "2' \\'~:~$.?U5~(J?~~C('~ Dorado Subdivision Exhibit C j 1 , lJ:;:!t'- 1 ~ EXHIBIT D Dorado Subdivision AZ-OS-019 Annexation and Zoning Comments ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax COlrunission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: a) No new buildings are approved for construction under this conceptual CUP/PD application (File No. CUP-05-031). All future buildings on Lots 1 2 3 15 and 1Q shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit. b) Prior to issuance of any building pelmit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and LTD. c) A site plan for the sites oriented to 1-84, showing elevations and building orientation, shall be submitted prior to any Certificate of Zoning Compliance application and/or building permit. Dorado Subdivision Exhibit D EXHIBIT E Dorado Place Subdivision PP-05-024 Preliminary Plat Site Specific and Standard Conditions SPECIAL CONSIDERATIONS-PRELIMINARY PLAT The Applicant shaH maintain compliance with required development agreement and conditions of approval for the annexation and Planned Development of Dorado Subdivision, PP-05-024, CUP-05-031 and all applicable conditions of approval for the commercial lots in a mixed use development. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS 1. There is sanitary sewer stubbed into this site from Overland Road. The Applicant shaH be responsible to install any and aU mains necessary to service this site. All lots shall be subject to sanitary sewer restrictions until such time as these sewer mains are installed. The Applicants engineer shall coordinate with the Public Works department for main sizing and routing, and execute City of Meridian standard forms of easements, for any mains that are required to provide service. 2. There is water stubbed into this site from Overland Road. The Applicant shall be responsible to install any and all mains necessary to service this site. The Applicants engineer shall coordinate with the Public Works department for main sizing and routing, and execute City of Meridian standard forms of easements, for any mains that are required to provide service. 3. Per MCC 12-13-10-4, maintain the existing 35-foot wide street buffer along Overland Road, Eagle Road, and the 1-84 Off ramp. All required street buffers shall be located beyond any future right-of-way and shall not include the width of the sidewalk. Show easements for all required buffers on the final plat. For Eagle Road frontage the applicant has obtained alternative compliance to allow the right-in only access and meandering sidewalk within the required 35-foot wide street buffer. The Dorado Business Owners Association shall maintain all required landscape buffers. 4. All landscape buffers shall be constructed prior to the issuance of any Certificate of Occupancy within the subdivision. Surety may be provided for required perimeter landscaping on Lots 1, 2, 3, 15, and 16 until detailed conditional use approval is granted Dorado Subdivision Exhibit E 5. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision. Said cross access shall be depicted on the final plat for Dorado Subdivision. 6. A detailed fencing and landscape plan, in compliance CuP-05N031 with MCC 12- 13, shall be submitted with the final plat application. 7. Any tree over 4" in caliper that is removed from the propelty shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed, unless deemed unnecessary by the City Arborist per Ordinance 12-13-13. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. The Applicant shall submit a tree removal/preservation plan at least 10 days prior to the City Council hearing 8. All intemallandscaping shall be installed as follows in compliance with MCC 12-13 (references to lots are based on the preliminary plat dated 4/1/05) dopiet:~ ~n a!~~~~ea la-aas6ilfle plans fer tae inai iElHal lets a;l:lr:ia:lg thc ConElitieaal Usc preeess anEl.l.3rier t8 Ceftifieate sf ZElRiag c;;pli;ace Ii" CS&- 35' landscape buffer required on Overland Road. 35' landscape buffer required on Eagle Road (with allowed Alternative Complinace) 35' ,landscape buffer required on 1-84 entryway corridor 25' landscape buffer required from S. Loder Place right of way, currently there is a 20' open space lot which does not meet the standards of MCC 12-13. 5' landscape buffer required on west property lines of Lots 15 and 16 and portion of Lot 3, MCC12-13-12-4. 5' landscape buffer required on north property lines of Lots 1 and 2. 5' landscape buffer required on west property lines of Lots 13 and 14. The required landscaping for Lots 1, 2, 3, 15, and 16 may be amended during the conditional use approval process and prior to issuance of a Certificate of Zoning Compliance. 9. The Applicant has indicated that Nampa Meridian Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. Dorado Subdivision Exhibit E 10. As each lot develops a drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer COrd. 557, 10-1-91) for all off-street parking and improve roadways. Storm water treatment and disposal shall be designed in accordance with Depmtment of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards 'and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. The Applicant has indicated that the entire northeast portion of this development will be receiving engineered backfill. 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. 12. Where sewer and water mains are not in the ACHD right-of-way, they shall be centered in a twenty-foot wide easement clear of any large landscaping and fixed vertical structures. 13. The preliminary plat depicts an irrigation ditch running diagonally tJu'ough this project. The Applicant shall determine any and all end users of this ditch. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. PRELIMINARY PLAT GENERAL REOUIREl.\1ENTS 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any cOLTections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. . 4. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Dorado SubdivisionLExhibit E 5. Underground, year-round pressurized in-igation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. 6. The Applicants engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Show all existing and proposed easements for in-igationJdrainage facilities located within the boundaries of this proposed development. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 10. All construction shall conform to the requirements of the Americans with Disabilities Act. 11. The Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 12. The Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. Prior to signature on the final plat per Resolution 02-374. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS :MERIDIAN FIRE DEP ART:MENT CONDITIONS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department . for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Dorado Subdivision Exhibit E a. Fire Hydrants shall have the 41;2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a tuming radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 6. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The 16 commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The Applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). Dorado Subdivision Exhibit E 13. All pOltions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 14. Provide exterior egress lighting as requi.red by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R - 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. ACHn Site Soecific Conditions of Aooroval 1. Utilize an existing 35-foot wide curb return type driveway that functions as a full access driveway and intersects Overland Road approximately 365-feet east of Bonito Way, as proposed. 2. Construct a 24-foot wide curb return type driveway that functions as a right- in/right-out driveway ONLY and intersects Overland Road approximately 235- feet west of Eagle Road. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site that was not improved as a part of the intersection project (approximately 320-feet). Construct the sidewalk a minimum of 50-feet from the centerline of Eagle Road. 4. Construct a 20-foot wide right-in ONLY driveway that intersects Eagle Road approximately 230-feet north of the curb line for Overland Road and construct a IS-foot wide (390-feet long) deceleration lane on Eagle Road to accommodate the right-in driveway ONLY. Coordinate the details with District staff in regard to the design and construction of the driveway and deceleration lane on Eagle Road. Dorado Subdivision Exhibit E Construct a 6-inch raised median in Eagle Road to restrict tlle driveway to provide a right-in movement ONLY. 5. Other than the access points tllat have specifically been approved with this application, direct lot access to Overland Road and Eagle Road is prohibited. Place a note on the final plat that states this access restriction. 6. Comply with all Standard Conditions of Approva1. ACHD Standard Conditions of Auuroval 1. Any existing ilTigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the Applicant. The Applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within Dorado Subdivision Exhibit E ACtIO right-of-way. The Applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 11.. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intenno change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Dorado Subdivision Exhibit E EXHIBIT F Dorado Subdivision CUP~05-031 CUPIPD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMITIPD)\ 1. All conditions of the accompanying Annexation and Zoning application (including the Development Agreement), and Preliminary Plat application shall also be considered conditions of the Conditional UseIPD application. 2. No new buildings are approved for construction under this conceptual CUPIPD application (File No. CUP-05-031). All future buildings on Lots 1,2,3, 15, and 16 shall require approval of a detailed CUP prior to submittal of any Celtificate of Zoning Compliance application and/or building permit. 3. At this first public hearing, the Applicant shall provide specific information regarding the two amenities, as required by 12-6-3 for the Planned Development. 4. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 5. An underground, pressurized in-igation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 6. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 7. All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream Dorado Subdivision Exhibit F provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. The Applicant will be responsible to constmct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing and new easements with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 10. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 11. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping in compliance with Preliminary Plat Site Specific Condition #8 shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing for this application. 12. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Site Specific Conditional Approval, Certificate of Zoning Compliance (CZC) submittal, the Applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 13. No building or other structure shaH be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Conditional Use or Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 14. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 15. This conditional use permit shall be valid for a maximum period of 18 months. If constmction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. Dorado Subdivision Exhibit F 16. At some point in the future, if the properties in Overland Way Subdivision west of the site develop in a commercial zoning designation prior to individual conditional use approval that the site specific conditions of approval related to Lots 1, 2, 3, 15, and 15 of the proposed Dorado Subdivision will be void. GENERAL REOIDREl\1ENTS 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the -adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. It is the Applicant's responsibility to ensure that all construction conforms to the requirements of the Americans with Disabilities Act. 4. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Dorado Subdivision Exhibit F EXIDBIT G Dorado Subdivision AZ-05-019 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the pmiicular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." Thefollowing is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". Meridian City Code (MCC) 11-7- 2.1. states the purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public." The following Comprehensive Plan policies also support the annexation and proposed retail/fuel service use (staff analysis is in italics below policy): · "Permit new. . . commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems. These connections have not been defined and required detailed approval from Public Works prior to final approval. One of the comments received from the Fire Department states that the location has several items of concern that would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. · "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) Dorado Subdivision Exhibit G Dorado Subdivision Exhibit G The Site Plan submitted with the future detailed CUP applications for this property shall show internal planters, as required. G "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. e "Locate new community commercial areas on mterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The subject property has frontage on two arterial roadways. The existing uses adjacent to this site are existing residential uses but are anticipated to develop as commercial uses in the Comprehensive Plan. Because the adjoining properties are still somewhat rural in nature (not annexed), the development of retail uses as described in the Conceptual plan may complement the existing uses for several years. Depending on how the rest of the site builds-out, this development mayor may not compliment adjoining residential developments to the west of the site. The proposed commercial uses are located closest to the intersection of the interstate and two principle arterial roadways. A 35-foot wide street buffer is shown along Eagle Road and a 35- foot wide street buffer is shown along Overland Road, designed in part to mitigate potential negative impacts upon the vehicular traffic from 1-84 on Eagle Road. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) Access to Eagle Road and Overland Road including right-in/right- out and shared accesses allowing travel towards the east/Eagle Road are subject to the conditions of ACHD. No north bound turning shall be allowed on Eagle Road. A cross access agreement within the properties at the future property boundaries will be required so the cuts can be shared with adjacent development. /n addition, access to the /-84 off ramp is prohibited in compliance with lTD. · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Staff finds that the existing building setbacks, landscape inadequacies, and the potential for redevelopment create a unique situationfor the site. /n order to mitigate anticipated problems a development agreement will be required and detailed Conditional Use Permits should be considered. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has addressed the requirement to install landscaping adjacent to the existing off-site residential uses. The Applicant has requested approval to reduce the standard landscape buffer width from 25' to 5 '. Staff has included conditions that require standard setbacks for landscaping and buildings to be installed upon receipt of a detailed development proposal and prior to issuance of any building permits. · "Consider "Accommodating Bicycle and Pedestrian Travel; A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The regional Multi-Use pathway is shown on the Future Land Use Map for this site. Properties in the near vicinity have oriented this pathway system closer to Locust Grove Road. Given the future Locust Grove Road overpass being constructed, the existing pathway locations, on-street bike paths on Overland Road, and the dangerous nature of the Eagle Road overpass, staff feels the requirement for a multiuse pathway on this site should be waived in favor of a location to cross /-84 being located at Locust Grove Road. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Dorado Subdivision Exhibit G Staff finds that the Applicant has not submitted a detailed development plan for the mixed uses on the property. Staff further finds that the proposed restaurants, proposed hotel, and proposed bank businesses are allowed within the appropriate zoning designations in this mixed use area, however since the projects are conceptual in nature and require detailed public works approval, all uses on this site shall obtain a conditional use permit, or the Applicant must submit a detailed development plan of such quality that Public Works and the Meridian Fire Department are able to make appropriate comments. See Conditional Use/PD Site Specific Approval #2. The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff finds that the proposed uses principally permitted uses in the C-G zone and consistent with the C-G purpose. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; El Dorado and Silverstone Business developments have recently been annexed and developed with commercial land uses in this area. There are several developments in the area that have developed in a fashion similar to the proposed rezone area. Overland Road has recently been widened and improved. Eagle Road south of the interstate has recently been widened and improved at the Eagle/Overland Intersection. . The intersection of Overland RoadlEagle Road is a signalized, controlled intersection. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and tliat such use will not change the essential character of the same area; Staff finds that the proposed C-G zone with the proposed retail, office and hotel uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. Dorado Subdivision Exhibit G F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; There are no existing uses on this site. The site does have a floodplain which will require engineering and mitigation prior to building(s) closest to the Five Mile Creek. Staff feels this section of floodplain can be addressed by the Applicant to mitigate any future impacts to proposed tenants. Appropriate buffers should be required on the north and west boundaries of this development, as the abutting uses are less-intense than the proposed uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the recent roadway improvements to Overland Road should be adequate to serve this project if the majority of traffic is directed to Eagle Road from Overland Road. Based on recent correspondences, ACHD does not anticipate additional right-of-way and/or a frontage road adjacent to/through this property. Improvements to Overland Road in this area have taken place in the recent past including the signalization at Eagle Road, improvements are not anticipated within the next 20 years. Based on past correspondence with ACHD, Planning staff believes that this site will add a significant amount of traffic to the roadway system upon build out. This site has over 880 feet of frontage on Overland Road and approaches an intersection with Loder Place. Based on future commercial development applications staff is conditioning that the Applicant enter into a development agreement with the City to ensure improvements (landscaping, future road intersections.) to the west property boundary, be subject to ACHD requirements with no offsite access to the west during construction, with site-specific standards conditions to be met in accordance with approval of the subject development. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as the proposal does not detail the uses or internal circulation. Because the Applicant has not identified all future buildings within this development, such buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Dorado Subdivision Exhibit G Staff finds that the propelty proposed for annexation can be served adequately by all essential public facilities and services as conditioned. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If this mmexationldevelopment is approved, the developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and ilTigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed uses do not involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent negative effects. In order to establish uidelines to miti ate the antici ated im acts of the ro osed uses the A licant should be reauired to submit a conditional use oermit for each buildineluse on this site (see conditional use site soecific condition of aooroval #2). J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses 1lli!Y impact the level and flow of traffic on the surrounding roadways. Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has made comment and has indicated that they will approve the proposed access points, see ACHD site specific conditions of approval. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The Five-Mile Creek floodplain is a natural feature that may be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with conunercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. Dorado Subdivision Exhibit G L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Due to the existing residential uses to the west, and the large percentage of the site that is within the Five Mile Creekfloodplain, development of this site for commercial purposes is difficult. Although staff anticipates that the properties to the west will re-develop in the near future with higher and better uses, the City should protect the existing uses until they do re-develop by requiring appropriate landscape buffers and other provisions. Staff finds that the annexation and zoning of this property, as mitigated through a development agreement, may be in the best interest of the City for the following reasons: o other developments in the area have developed in a fashion similar to the proposed rezone area (commercial); · municipal sanitary sewer and water systems are readily available to provide service; · the proposed retail, office and hotel uses involve activities, processes, materials, equipment and/or conditions that will not produce excessive additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through future development of the site; and, · the other reasons listed in the findings above. The Planning and Zoning Commission and Cit~ Council should consider whether they have sufficient information on the Apolicant's orooosal to determine if the annexation is within the best interest of the Citv at this time. Dorado Subdivision Exhibit G EXHIBIT H Dorado Subdivision PP-OS.024 Preliminary Plat Findings PRELIMINARY PLAT FINDINGS AND REOUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the current zoning designation is in general compliance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Regional." The comprehensive plan also identifies a multi use pathway connecting the site to adjacent properties within the development. The Applicant has indicated the pedestrian/multiuse pathway shaH be re-Iocated off site due to safety concerns. The pathway system should be relocated to the Future Locust Grove Road Overpass. Generally, the Mixed Use designation wilJ provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. Sample Uses are listed as entertainment, clean industry, and major employers. The office and retail uses are similar to the sample uses listed on Page 98 Chapter VII of the Meridian City Comprehensive Plan. The proposed commercial uses within the subdivision are permissible under the land use provisions of the MCC (11-8-1.) Therefore, Staff finds that the proposed subdivision is in compliance with the Comprehensive Plan b. The availability of public services to accommodate the proposed development; Staff finds that this development will not cause excessive additional requirements at public cost. The property has existing sewer and water stubs served adequately by all essential public facilities and services in Overland Road. The Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties to the west. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. Dorado Subdivision Exhibit H d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing suppOlting services. See item b. e. The other health, safety 01' environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. ACED considers road safety issues in their analysis. No hazardous natural features have been identified on the site. Dorado Subdivision Exhibit H EXHIBIT I Dorado Subdivision CUP-OS-031 CUPIPD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Due to the lack of a detailed planned development, staff is unable to fully analyze the impacts of the proposal. The requirement of individual conditional use permits should mitigate the need for an overall site plan as the landscaping, parking and amenities shall be submitted in accordance with future approvals. No amenities are shown on the conceptual plan. The Applicant shall provide a minimum of two amenities as required by 12-6-3. The Applicant should specify these amenities to the Planning and Zoning Commission at the hearing. The DA should include the specific amenities. Staff finds that the site should be large enough to accommodate the proposed setbacks, landscaping, etc if developed under conditional approval for each use/building. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see the findings in the Comprehensive Plan Analysis portion of this report. C. 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; Please see the findings in section "E" and "F" of the Annexation portion of this report. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Dorado Subdivision Exhibit 1 The Applicant has requested a reduction of the 25' commercial to residential landscape buffer to 5' of landscaping for the property adjacent to Overland Way Subdivision. The Applicant has also requested allowance of drive-thrus and an altemate height standard from the required 40' to the requested 60'. Staff does not SUPPOlt the waiver of these requirements but feels that the Applicant should be given the opportunity to address altemative landscape compliance, bulk requirements, and MCC standards during site specific conditional approvals for this site. The Planning and Zoning Commission and City Council should consider whether they have sufficient information on the Applicant's proposal to approve any reduction in standards at this time. Also, see the findings in sections "I" and "J" of the Annexation portion of this report. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see the findings in section "0" of the Annexation portion of this report. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see the findings in sections "0", "R" and "I" of the Annexation portion of this report. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see the findings in sections "I" and "J" of the Annexation portion of this report. H. That the proposed use will have vehicular approaches to the property which shaH be so designed as not to create an interference with traffic on surrounding public streets; Please see the findings in section "J" of the Annexation portion of this report. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Dorado Subdivision Exhibit I Please see the findings in section "K" of the Annexation pOltion of this report. Dorado Subdivision Exhibit I August 19,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 23, 2005 ITEM NO. 5-D Road REQUEST Water Main Easement Agreement for Advance Health Care by Copper Point Investors AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached rrrr~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 8/15/2005 Re: Proposed Agenda Items for 8/23/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 8/23/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement far Advance Health Care bv CaDDer Point Investors LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Advance Health Care by ~opper Point Investors LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this 12th day of August 2005, between Copper Point Investors LLC, an Idaho limited liability company, and Kah Tai Investors, a California general partnership, the parties ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXIDBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMTWTR.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, am:! that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Copper Point Investors LLC By: m6YlIC4) 12-.~ Monica R. Salusky . Managing Member Kah Tai Associates By: 17l;Jnlr ~ IL~ Monica R. Salusky Managing Partner State of California County of Contra Costa On August 12,2005, before me, the undersigned, a notary public, personally appeared Monica R. Salusky, personally known to me to be the person whose name is subscribed to the within instrument, and she acknowledged to me that she executed the same in her authorized capacities, and that by her signature on the instrument the entities on whose behalf of which she acted executed the instrument. Witness my hand and official seal on fue day and year first ah.ove written. h ~u - -u ~ e.UW~~1il " ~'...~:. . ER~C~ GANTZ Notary Public ()I _ Commission # 1374752 ~. - Notary Public - California ~ Z . Contra Costa County - MyComm. ExpiresSep 14, 2006 Water Main Easement EASMTWTR.doc CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jf., City Clerk Approved by Council on : STATE OF IDAHO, : ss. County of Ada, ) On this _day of ,2005, before me, the undersigned, a Notary Public in and for the State ofIdaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and aclmow ledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: EXHIBIT A PARCEL B, RECORD OF SURVEY NO. 6671 Water Main Easement Description October 28,2004 An Easement being across Parcel B as shown on the Lot Line Adjustment Survey, recorded as Record of Survey Number 6671, Instrument Number 104134825, records of Ada County, Idaho. Said parcel is portions of Lots 6, 7, and 8, Block 1 of Bonito Subdivision, Book 86 of Plats and Pages 9783 thru 9788, Instrument Number 13142839, records of Ada County, Idaho, is located in the East 1/2 of SecLion 20, TO'NTIship 3 NorLh, Range 1 East, Boise MerIdian, City- of Meridiail, Ada County, Idaho. Said easement is more particularly described as follows; Commencing at the East 1/4 comer of said Section 20; thence South 89055'02 West 1332.36 feet to the Center East 1/16 comer of said Section 20; thence North 03046'19" West 184.30 feet to the POINT OF BEGINNING; thence North 00000'00" East 30.00 feet; thence South 90000'00" East 263.80 feet; thence North 00000'00" East 59.58 feet; thence North 41045'36" East 37.34 feet to a point on the Southwesterly Right-Of-Way line of East Copper Point Drive; thence along said Right-Of~Way line 20.01 feet along a curve to the left, said curve having a central angle of 04050'12", a radius of237.00 feet, and a long chord bearing South 48024'56" East 20.00 feet; thence leaving said Right-Of- Way line, South 41045'36" West 29.78 feet; thence South 00000'00" West 71.95 feet; thence North 90000'00" West 32.74 feet; thence South 00000'00" West 10.00 feet; thence North 90000'00" West 20.00 feet; thence North 00000'00" East 10.00 feet; thence North 90000'00" West 211.06 feet; thence South 00000'00" West 10.00 feet; thence North 90000'00" West 20.00 feet to the POINT OF BEGINNING. '\.'\: \ '\~, \\\ '~\\ \:'\, $' '\ '~ N41.45'3B'E~"'~ ~----- NOOCOO~OO'E 37.3:~ (~"J~~oq.,/-()1 '- _____ _ __ 59.58' lu-n----n--- I I~ .S41C~------ NOocOO'OO"E - - _ _ .,j)~ft.Q.Q'Q['~ 2!>~2:.. _ _ _ _ J i 29.78' )30.00'---1 _~~~~~~~~~s.M.5.!:iT J ~f~~O'OO"W ~ t N90cOO'00"W 211.06' j~N90~00'00IlW ~ SOocOO'OO"W NOocOO'OO"E 3274' J . B:~~~I~~ 10.00' 10.00' 800000'OO''W 10 I N90cOO'00"W N90cOQ'OO"W 10.00' I I~ i: 20.00' 20.00' ,I I~ ~ I~ I Z I 1L5 11 -'"~ I Icr.i ~~ I ~ : ~~ j1/4COR. 1 CE 1/16 COR. FOUND AXLE"\ I L CP&F #9040663 CP&F #102003407 \1 -- _______~~I~OEBEAB!~_____ l--Ar---~- 889c55'02" W 1332.36' I 20 21 I I I PARCEL nB" I ~ RECORD OF SURVEY NO. 6671' I I I' I I I L___ : ~ ---------------~ GRAPHIC SCALE 80 I 160 ( IN FEET ) 1 inch = 80 ft. PAGE: [I;] ..Quadrant Consulting, Inc. 405 South 8th, Suite 295 Boise. fdoho 83702 (208) 342-0091 PHONE (208) 342-0092 FAX CML ENGINEERING-SURvrY1NG-CONSTRUCnON MANAGEMENT PARCEL "8", ROS NO. 6671 WA TER MAIN EASEMENT EXHIBIT 8 SEC. 20, T-3N, R-1E DATE: IDAHO 10/28/04 SHEET 1 OF 1 EXHIBIT A PARCEL B, RECORD OF SURVEY NO. 6671 Water Main Easement Description October 28, 2004 An Easement being across Parcel B as shown on the Lot Line Adjustment Survey, recorded as Record of Survey Number 6671, Instrument Number 104134825, records of Ada County, Idaho. Said parcel is portions of Lots 6, 7, and 8, Block 1 of Bonito Subdivision, Book 86 of Plats and Pages 9783 thru 9788, Instrument Number 13142839, records of Ada County, Idaho, is located in the East 1/2 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. Said easement is more particularly described as follows: Commencing at the East 1/4 comer of said Section 20; thence South 89055'02 West 1332.36 feet to the Center East 1/16 comer of said Section 20; thence North 03046'19" West 184.30 feet to the POINT OF BEGINNING; thence North 00000'00" East 30.00 feet; thence South 90000'0011 East 263.80 feet; thence North 00000'0011 East 59.58 feet; thence North 41045'36" East 37.34 feet to a point on the Southwesterly Right-Of-Way line of East Copper Point Drive; thence along said Right-Of-Way line 20.01 feet along a curve to the left, said curve having a central angle of 04050'12'" a radius of237.00 feet, and a long chord bearing South 48024'56" East 20.00 feet; thence leaving said Right-Of-Way line, South 41045'36" West 29.78 feet; thenGe South 00000'00" West 71.95 feet; thence North 90000'00" West 32.74 feet; thence South 00000'00" West 10.00 feet; thence North 90000'00" West 20.00 feet; thence North 00000'00" East 10.00 feet; thence North 90000'00" West 211.06 feet; thence South 00000'00" West 10.00 feet; thence North 90000'00" West 20.00 feet to the POINT OF BEGINNING. o GRAPHIC SCALE 80 1 160 , ~1~ \\ \ ~~\'\' \\ ~ '\ ,~'" ~~.oo~ ~, N41~45'36"E '\\:-~,()~rr.<:>~ ~---- 37.3/4~ (!~~~ '- _____ ___n______~:~~ I ~ -- I I ~ 841045'36"W------- NOOOIO~~~~____I- - wAy~~1;.rrr~~~~MENf-.J J "'-soo~~.~~''W I-! . G- - N9~O:O<FW- 2'11]6'"" -~~N~6~~~,OO"W ~ F SOODOO'OO"W NOOoOO'OO"E 32.74' I POINT 0 10.00' 10.00' SOooOO'OO"W 10 BEG/INNING N90"00'OO"W N90"00'00"W 10.00' I 1(5~: : 8 20.00' 20.00' I ij ~ I ~~ : ~ , ~ ~ 11/4 COR. 1 I CE 1116 COR. FOUND AXLE \ I L CP&F #9040663 CP&F #102003407 ,I -- - - - - _ _ _ ~@I~OLB.sAB!~_ _ _ _ _ _1_ -\- _ _ ~ __ 889055'02" W 1332.36' I 20 21 I I I PARCEL "Sit I ; RECORD OF SURVEY NO. 6671 I 1 I I' 1 I I L__ :: ---------------~ ( IN FEET ) inch = 80 ft. PAGE: rm ..Quadrant Co ns u I tin 9 J I n c . 405 South 8th, Suite 295 Boise, Idoho 83702 (208) 342-0091 PHONE (208) 342-0092 FAX CIVIL ENGINEERING-SURVEYING-CONSTRUCTiON MANAGEMENT PARCEL "S">> ROS NO. 6671 WA TER MAIN EASEMENT EXHIBIT B SEC. 20, T-3N, R-1E DATE: IDAHO 10/28/04 SHEET 1 OF 1 August 19,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 23, 2005 ITEM NO. 5-E REQUEST Water Line Easement Agreement for Bonito Subdivision No.3 Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY fiRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 8/17/2005 Re: Proposed Agenda Items for 8/23/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 8/23/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Line Easement for Bonito #3. Typical Water Line Easement. Recommended Council Action: Approve the Water Line Easement for Bonito #3 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER LINE AND W ATERl\1ETER EASEMENT THIS INDENTURE, made this 1+ day of ~, 2005, between William David Evans and Caroline F. Evans, husband and wife, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTORS hereby covenant and agree that they will not place or aIlow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Line and Waterrneter Easement 04107-Easement Water. doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year [lIst herein above written. GRANTOR: WILLIAM DAVID EVANS AND CAROLINE F. EVANS, husband and wife. K 0 '<4 ~i~:m DavidEvans t~ CLo~ C~k F C~ Pu~FLJ~OJ~ STATE OF IDAHO ) ) ss County of Ada ) On this II c/-4. day of ~ it.. '51. 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared William David Evans and Caroline F. Evans, known or identified to lJle to be the husband and wife that executed the within instrument, and acknowledged to me tllat said entity executed the same. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. a~/l~ NOTARY PUaLIC FOR IDAHO Residina at f~~ I S-l I D Cornmi;ion Expires: ? II If!' II Water Line and Watermeter Easement 04I07-Easement Water. doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMIvf:{ de WEERD and Wll...LIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year frrst above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: Water Line and Watermeter Easement 04107-Easement Water. doc ( TOOTHMAN -ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 . FAX 208-323-2399 boise@toengrco.com Proj ect: 04107 Date: August 9,2005 Sheet: 1 of 5 EXHIBIT" A" BONITO SUBDIVISION NO.3 WATER LINE AND W A TERMETER EASEMENT DESCRIPTION Nine parcels ofland situated in portions of Lots 2 and 6, and all of Lots 4 and 5 in Block 1 ofBoruto Subdivision, filed in Book 86 of Plats, at Pages 9783-9788, records of Ada County, Idaho, located in the East Y2 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: PARCEL "A" COMMENCING at the Center 1/4 comer of said Section 20, from which the comer common to said Section 20 and Section 21, of said Township 3 North, Range 1 East bears S.89054'36"W., 2664.08 feet; thence, A) N.85056'26"E., 1695.46 feet to the POINT OF BEGINNING; thence, 1) N.OooOO'OO"E., 5.00 feet; thence, 2) S.90000'00''E., 20.00 feet; thence, 3) S.OooOO'OO"W., 5.00 feet; thence, 4) N.90000'00''W., 20.00 feet to the POINT OF BEGINNING CONTAINING 100 square feet, more or less. PARCEL "B" COMMENCING at the Center 1/4 comer of said Section 20, from which the comer common to said Sections 20 and 21 bears S.89054'36"W., 2664.08 feet; thence, B) N.8so03'29"E., 1852.54 feet to the POINT OF BEGINNING; thence, G:\041 07\WPFILES\LegaJ Descriptions\Exh_ Water Meter Easement.doc BOISE. COEUR d' ALENE J" r I TOOTHMAN-ORTON ENGINEEk.u..G COMPANY Proj ect: 04 I 07 Date: August 9, 2005 Sheet: 2 of 5 5) 8.89056'01 "W., 14.77 feet; thence, 6) N.00003'59''W., 20.00 feet; thence, 7) N.89056'01 "E., 16.87 feet; thence, 8) S.05054'48"W., 20.11 feet to the POINT OF BEGINNING CONTAINING 316 square feet, more or less. PARCEL "C" COMMENCING at the Center 1/4 corner of said Section 20, from which the corner common to said Sections 20 and 21 bears S.89054'36"W., 2664.08 feet; thence, C) N.84014'14"E., 2044.84 feet to the POINT OF BEGINNING; thence, 9) N.85014'49"W., 11.98 feet; thence, 10) N.07044'37"W., 20.49 feet; thence, 11) S.85014'49"E., 16.71 feet; thence, 12) S.05037'41"W., 20.00 feet to the POINT OF BEGINNING CONTAINING 287 square feet, more or less. PARCEL "D" COMMENCING at the Center 1/4 comer of said Section 20, from which the corner common to said Sections 20 and 21 bears S.89054'36"W., 2664.08 feet; thence, D) N.85030' 10"E., 2135.16 feet to the POINT OF BEGINNING; thence, 13) N.00032'33''E., 10.42 feet; thence, 14) S.75000'00"E., 20.65 feet; thence, 15) S.Ooo32'33"W., 10.33 feet; thence, 16) N.75014'13"W., 20.63 feet to the POINT OF BEGINNING CONTAINING 207 square feet, more or less. G:\041 07\WPFILES\Legal Descriptiolls\Exh_ Water Meter Easement doc ~" r' TOOTHMAN-ORTON ENGINEERIJ:-.u COMPANY Project: 04107 Date: August 9, 2005 Sheet: 3 of 5 PARCEL "E" COMMENCING at the Center 1/4 comer of said Section 20, from which the corner common to said Sections 20 and 21 bears S.89054 '36"W., 2664.08 feet; thence, E) N.86059'46"E., 2125.99 feet to the POINT OF BEGINNING; thence, 17) S.76016' 11 "E., 20.54 feet; thence, 18) S.00032'33"W., 7.07 feet; thence, 19) N.89027'27"W., 20.00 feet; thence, 20) N.00032'33"E., 11.76 feet to the POINT OF BEGINNING CONTAINING 188 square feet, more or less. PARCEL "F" COMMENCING at the Center 1/4 corner of said Section 20, from which the corner common to said Sections 20 and 2L bears S.89054'36"W., 2664.08 feet; thence, F) N.86D27'23"E., 2002.64 feet to the POINT OF BEGINNING; thence, 21) N.82014'OO"E., 12.85 feet; thence, 22) S.06034'02"E., 20.00 feet; thence, 23) S.83025'58"W., 6.71 feet; thence, 24) N.07030'00"W., 16.03 feet; thence, 25) S.82030'OO"W., 5.87 feet; thence, 26) N.06034'02"W., 3.80 feet to the POINT OF BEGINNING CONTAINING 159 square feet, more or less. PARCEL "G" COMMENCING at the Center 1/4 corner of said Section 20, from which the corner common to said Sections 20 and 21 bears S.89054'36"W., 2664.08 feet; thence, G:\041 07\WPFlLES\Legal Descriptions\Exh_ Water Meter Easementdoc TOOTHMAN-6~TON ENGINEE:R..!~G COMPANY Project: 04107 Date: August 9, 2005 Sheet: 4 of 5 G) N.88052'46"E., 2008.68 feet to the POINT OF BEGINNING; thence, 27) N.82014'00"E., 13.09 feet; thence, 28) S.06034'02"E., 20.00 feet; thence, 29) S.83025'58"W., 3.66 feet; thence, 30) N.07030'00"W., 9.12 feet; thence, 31) S.82030'00"W., 9.28 feet; thence, 32) N.06034'02"W., 10.76 feet to the POINT OF BEGINNING CONTAINING 175 square feet, more or less~ PARCEL"H" COMMENCING at the Center 1/4 corner of said Section 20, from which the corner common to said Sections 20 and 21 bears S.89054'36"W., 2664.08 feet; thence, H). N.89025'29"E., 1760.36 feet to the POINT OF BEGINNING; thence, 33) S.90000'00''E., 20.00 feet; thence, 34) S.OooOl' 15"E., 4.09 feet; thence, 35) N.90000'00"W., 20.00 feet; thence, 36) N.Ooo01' 15"W., 4.09 feet to the POINT OF BEGINNING CONTAINING 82 square feet, more or less. PARCEL "1" COMMENCING at the Center 1/4 corner of said Section 20, from which the corner common to said Sections 20 and 21 bears S.89054'36"W., 2664.08 feet; thence, I) N.88025'55"E., 1681.83 feet to the POINT OF BEGINNING; thence, 37) S.90000'00"E., 20.00 feet; thence, 38) S.OooOO'OO"W., 4.39 feet; thence, 39) N.90000'00"W., 20.00 feet; thence, 40) N.OooOO'OO"E., 4.39 feet to the POINT OF BEGINNING CONTAINING 88 square feet, more or less. 0:\04107\WPFlLES\Legal Descriptions\Exh _Water Meter Easemenldoc TOOTHMAN ~O'RTON ENGINEEk.;G COMPANY Project: 04107 Date: August 9, 2005 Sheet: 5 of 5 CONTAINING IN TOTAL 1,602 square feet or 0.04 acres, more or less. SUBJECT TO: All Covenants, Rights, Rights-of-Way, Easements of Record and any other encumbrances. EXHIBIT "B" attached, and by this reference, made a part hereof. G:I041 07\WPFlLESILegal Descriptions\Exh_ Water Meter Easement. doc ts ~ ~~~~ ~~~E:l Ie ~ ~ ~' ~~~ ~~Vj:::S ~~~8 ~~c:i ~~S~ ~~~~ c:i~~s:l ~~~I ~ C'r'\ ~~~~ ;;; ~'""1 to ~ El ?-. iE e::::~ 5 !=::lE=:l~r.3 ! ~ ~~~~ g ~ t'QI::::i\o~~ ~ ~ ~~S~~~ ~ ~ ~~:~~ ~ ~ ~~~~ ~ ~ ~~~~ : '""I ~~ ~E3 ~ ~~~~ ~~~~ ~~~S ~~~~ ~~~ ~~~~ ~~~~ ~tJ5~~ ~~~~ ~~~~ tJ ~~ ~ ~ ~ ?~~ 6; gg~ ~~ ~~2i :~ ri~S~ ci z z o Vi :> ~ (J) G Z ~ o z ~ @ 'S o Ul~O) C> U ~~~. ~ tJ z-..r J ,.!.. ~ ~~ ~ ! j::iJ eC()~ j::iJ ::r::e ~ .~:~ ~ g~ ~ ~ z ~~ ~...~ Oll::Clc()~ ~ iil~ ~ i 9 ~~ ~ z .m7:;; ~ Ul~gs~ ::r:ll::zC'-/8 ~i~H ~Q ~ l:Q o l1. N o z z o (/j :> ! (f) c:; z ~ o z <.( (f) ::J ~ z fa ~ 6~~ ...J ci 6S@ W Z i=m::J u a::: (f) ~ ~ ~:.2 ri ~s~ ~;.., Il)OO _Il) ....: Il)CO N(Q Co~ co Z August 19,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 23, 2005 ITEM NO. 5-F REQUEST Notice of Award and Agreement for Construction of mini-park at Fire Station No.4 between the City of Meridian and RSCI AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached urrf/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN MERIDIAN FIRE DEPARTMENT EAGLE ROAD STATION MERIDIAN, IDAHO NOTICE OF AWARD TO: Ms. Susan Record CFO/Secretarv RSCI 1854 E. Lanark Meridian. Idaho 83642 DATED: 8 August 2005 PROJECT DESCRIPTION: Provide all labor and materials associated with the construction of a mini- park on approximately 0.50 acre of land at the southern portion of the site for the new Meridian Fire Department Station #4 at 2515 South Eagle Road - Ada County - Meridian, Idaho. The OWNER has considered the Bid submitted by you for the above described Work in response to its Advertisement for Bids and Information for Bidders. You' are hereby notified that your Bid has been accepted for: The construction of the above described oroiect based on documents orovided bv ZGA Architects and Planners Chartered dated 27 Mav 2005 in the amount of Thirtv Three Thousand One Hundred Thirtv Four Dollars ($33.134.00). You are required to fully execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of the Notice to Proceed. If you fail to execute said Agreement and to furnish said bonds and certificates of insurance within ten (10) calendar days from the date of the Notice to Proceed, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF A WARD to the OWNER. OWNER: ATTEST: -,AlA DocumentA10f"-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM I AGREEMENT made as of the .lligl:@ day of ~ in the year of Two Thousand and Five (Tn words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) I Citvof Meridian 33 East Idaho Avenue Meridian Idaho 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and the Contractor: (Name. address and other information) AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. I RSCI 1854 East Lanark Street Meridian Idaho 83642 The Project is: (Name and location) This document has been approved and endorsed by The Associaled General Contractors of America. I MINI-PARK DEVELOPMENT AT MERIDIAN FIRE ST A nON NO 4 2515 South Ea~le Road Meridian Idaho 83642 The Architect is: (Name, address and other information) I ZGA Architects and Planners Chmtered 565 West Mvrtle Street Suite 225 Boise Idaho 83702 The Owner and Contractor agree as follows. AlA Document A101TM-1997. Copyrlgl'lt @1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987,1991 and 1997byTheAmerican Inslltule of Architects. All rights reserved. WARNING: ThIs AlA" Document Is protected by U.S. Copyright Law and Internallonal Trealles. Unauthorized reproduction or distributlon of this AlA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:47:54 on 08116/2005 under Order No.1 000151186_1 which expires on 12/13/2005, and is not tor resale. User Notes: (3809648665) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the paJties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ~ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will befixed in a notice to proceed.) I The date of commencement and substantial comnletion will be stioulated in the Notice to Proceed. If, prior to the commencement of the Wark, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: I Not Aoolicable ~ 3.2 The Contract Time shall be measured from the date of commencement. I ~ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Fiftv 150 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Not Aoolicable Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) I The Owner will suffer financial loss in an amount that is difficult to aUantif.'v if the Proiect is not Substantiallv Comolete on the date set forth in this Al!reement or Notice to Proceed. The Contractor (and his Surety) shall be liable for and shall Dav to the Owner the sums hereinafter stioulated as fixed a(!:reed and liauidated damal!es and not as a oenaltv for each calendar dav of delav until the Work is substantiallv comoleted: I Five Hundred and No/One Hundreds Dollars ($SOO.OO)Jcalendar dav. ARTICLE 4 CONTRACT SUM I ~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Thirty Three Thousand One Hundred Thirty-four Dollars and Zero Cents ($ 33 134.00 ), subject to additions and deductions as provided in the Contract Documents. ~ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: AlA Document Al0FM -1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is projected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the laW. This document was produced by AlA sottware at 10:47:54 on 08116/2005 under Order No.l000151186_1 which expires on 12/1312005, and is not for resale. User Notes: (3809648665) (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement. attach a schedule of such other alternates showing the amountfor each and the date when that amount expires) I Alternate No.1: Provide all labor and materials associated with the construction of a mini-oark on aooroximatelv 0.50 acre of land at the southern oortion of the site for the new Meridian Fire Deoartment Station #4 at 2515 South Ea!!le Road - Ada Countv- Meridian Idaho. S 4.3 Unit prices, if any, are as follows: Description Not Aoolicable Units Price ($ 0.00) ARTICLE 5 PAYMENTS S 5.1 PROGRESS PAYMENTS S 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. S 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: I Not Aoolicable S 5.1.3 Provided that an Application for Payment is received by the Architect on or before the date of the monthlv oro!!TeSS meetin!! but not latef-kM than thirtv (30) davs before the Ela~ sf a mSRti-l, date established for each oro!!ress oavment the Owner shall make payment to the Contractor not later than twentv one (21) davs after the ~Architect's Certificate ofPavment is received bv the meffilr.-Owner . If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than I.hir!y ( J.Q ) days after the Architect receives the Application for Payment. S 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as ofthe end of the period covered by the Application for Payment. S 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five oercent ( 5.00%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AlA Document A201-l997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five nercent ( 5.00%); Subtract the aggregate of previous payments made by the Owner; and AlA Document A101TM-1997. Copyrfght <C:i1915, 1918,1925.1937,1951.1958,1961,1963,1967,1974, 1977, 1987, 1991 and 1997byTheAmerican Institute of Architects. All rIghts reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any porllon of it. may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:47:54 on 08f16f2005 under Order No.1000151186_1 which expires on 12113f2005, and is not tor resale. User Notes: (3809648665) .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AlA Document A201-1997. ~ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and liauidated damal!es (Section 9.8.5 of AlA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, jf final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document A201-1997. ~ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Tf it is intended. prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) I Not Aoolicable ~ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. ~ 5.2 FINAL PAYMENT ~ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AlA Document A201-] 997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. ~ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: I Not Aoolicable ARTICLE 6 TERMINATION OR SUSPENSION ~ 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article] 4 of AlA Document A201- ]997. ~ 6.2 The Work may be suspended by the Owner as provided in Alticle 14 of AlA Document A201-t997. ARTICLE 7 MISCELLANEOUS PROVISIONS ~ 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. ~ 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, ifany.) AlA Document A101TM -1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion 01 It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 1 0:47:54 on 08116/2005 under Order No.1 0001511 86_1 whiCh expires on 1211312005, and is not for resale. User Notes: (3809648665) ( ) Del' annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 97.3 The Owner's representative is; (Name, address and other information) I Elrov Huff Construction Mana2:er Park Suoerintendent Meridian Parks and Recreation Deoartment I] West Bower Street Meridian Idaho 83642 Dou2: Stron2: Director Meridian Parks and Recreation Deoartment II West Bower Street Meridian Idaho 83642 97.4 The Contractor's representative is; (Name. address and other information) I Susan Records ~ark Street Meridian Idaho 83642 97.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 97.6 Other provisions: I Not Aoolicable ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 98.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 98.1.1 The Agreement is this executed] 997 edition of the Standard Form of Agreement Between Owner and Contractor, AlA Document A I 0 1- I 997. 98.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A20 I - I 997 . I 98.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated Mav 27 2005, and are as follows Document Suoolementarv Conditions Title Exhibit 'B' Pages SCI-SCI3 98.1.4 The Specifications are those contained in the Project Manual dated as in Section 8. 1.3, and are as follows; (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Refer to Exhibit 'c' Title Table of Contents Pages TOC 1- TOC4 AlA Document A10pM-1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963,1967,1974,1977,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion 01 It, may result In severe civil and criminal penallles, and will be prosecuted to the maximum exlent possible under the law. This document was produced by AlA software at 10:47:54 on 08/16/2005 under Order No.1 000151186_' whiCh expires on 12113/2005, and is not lor resale. User Notes: (3809648665) J 98.1.5 The Drawings are as follows, and are dated Mav 24 2005 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Refer to Exhibit 'D' Title Schedule of Drawin!!s SOD] -SOD2 Date 5/27/2005 98.1.6 The Addenda, if any, are as follows: Number QmUU Date 6/29/2005 Pages ADD 1.1 - ADD 1.5 with attachments Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 98.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. ATA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, TnstructiOllS to Bidders. sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AlA Document A10fT'" -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963, 1967, 1974, 1977, 19B7, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA() Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:47:54 on 08/16/2005 under Order No.1 000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (3809648665) EXHOCBTf[ ~ A I ,AlA Document A20f" - 1997 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address): I MINI-PARK DEVELOPMENT AT MERIDIAN FIRE STATION NO 4 2515 South Eallle Road Meridian Idaho 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by The Associated General Contractors of America THE OWNER: (Name and address): I City of Meridian 33 East Idaho Avenue Meridian Idaho 83642 THE ARCHITECT: (Name and address): I ZGA Architects and Planners Chartered 565 West MvrtJe Street Suite 225 Boise Idaho 83702 TABLE OF ARTICLES GENERAL PROVISIONS OWNER CONTRACTOR ADMINISTRATION OF THE CONTRACT SUBCONTRACTORS CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS CHANGES IN THE WORK TIME PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT AlA DocumentA:l.OP"-1997, Copyright @1911, 1915,1918,1925,1937,1951,1958,1961,1963,1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rlghls reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties. Unau!horlzed reproducllon or distribution of this AlA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order NO.t 0001511 86_1 which expires on 12/13/2005, and Is not for resale. Uur Noles: (1221458460) INDEX (Numbers and Topics in Bold are Section Headings) Acceptance of Nonconforming Work 9.6.6,9.9.3,12.3 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3,12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 4.2.3, 10 Acts and Omissions 3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1, 9.5.1,10.2.5,13.4.2,13.7,14.] Addenda 1.1.1,3.1 ] Additional Costs, Claims for 4.3.4,4.3.5,4.3.6,6.1.1, 10.3 Additional Inspections and Testing 9.8.3, ]2.2.1, ]3.5 Additional Time, Claims for 4.3.4,4.3.7,8.3.2 ADMINISTRA TION OF THE CONTRACT 3.1.3,4,9.4,9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13,4.5.1 Allowances 3.8 All-risk Insurance 11.4.1.1 Applications for Payment 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 9.10, 11.1.3,14.2.4,14.4.3 Approvals 2.4,3.1.3, 3.5,3.10.2,3.12,4.2.7,9.3.2, 13.4.2, 13.5 Arbitration 4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, ] 1.4.9, ] 1.4.10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4,3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6,7.4. 9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3,12.1,12.2.], 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility 2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses 2.4,11.4.1.1,12.2.1,13.5.2,13.5.3,14.2.4 Architect's Administration of the Contract 3.1.3,4.2,4.3.4,4.4,9.4, 9.5 Architect's Approvals 2.4,3.1.3,3.5.1,3.10.2,4.2.7 Architect's Authority to Reject Work 3.5.1,4.2.6,12.1.2,12.2.] Architect's Copyright 1.6 Architect's Decisions 4.2.6,4.2.7,4.2.11,4.2.12,4.2.] 3,4.3.4,4.4.1,4.4.5, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,904, 9.5.1,9.804,9.9.1,13.5.2,14.2.2,14.204 Architect's Inspections 4.2.2,4.2.9,4.3.4,9.4.2,9.8.3, 9.9.2,9.10.1, 13.5 Architect's Instructions 3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1,13.5.2 Architect's Interpretations 4.2.11,4.2.12,4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2, 4.3.4,404.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,904, 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2,13.5 Architect's Relationship with Subcontractors ] .1.2,4.2.3,4.204,4.2.6,9.6.3,9.604, 1104.7 Architect's Representations 9.4.2,9.5.1,9.10.1 Architect's Site Visits 4.2.2,4.2.5,4.2.9,4.3.4,904.2,9.5.1,9.9.2,9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1,9.10.2,10.3.3 Award of Separate Contracts 6.1.1,6.1.2 A ward of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1,1.1.7,5.2.1,11.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9.1 0.2 Bonds, Performance, and Payment 7.3.604,9.6.7,9.10.3,11.4.9,11.5 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion AlA Document A201"" -1997. Copyright <ID 1911,1915,1918,1925,1937,1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and Internatlonai Treaties. Unauthorized reproductlon or distributlon of this AlA'" Document, or any portion of it, may resuit in severe civU and criminal penaities, and will be prosecuted to the maximum extent possibie under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.1 000151186_1 which expires on 12113/2005, and is not for resaie. User Notes: (1221458460) 9.8.3,9.8.4,9.8.5 Certificates for Payment 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1.9.10.1, 9.10.3,13.7,14.1.1.3,14.2.4 Certificates of Inspection. Testing or Approval 13.5.4 Certificates of Insurance 9.10.2,11.1.3 Change Orders 1.1.1,204.1,3.4.2, 3.8.2.3, 3.11.1,3.12.8,4.2.8,4.304, 4.3.9,5.2.3,7.1.7.2,7.3,8.3.1,9.3.1.1.9.10.3, 1104.1.2, I 1.4.4, 11.4.9, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.11,4.2.8.7.8.3.1,9.3.1.1,11.4.9 Claim, Definition of 4.3.1 Claims and Disputes 3.2.3,4.3,4.4,4.5,4.6,6.1.1,6.3, 7.3.8, 9.3.3, 9.10.4, 10.3.3 Claims and Timely Assertion of Claims 4.6.5 Claims for Additional Cost 3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8, 10.3.2 Claims for Additional Time 3.2.3,4.3.4,4.3.7,6.1.1,8.3.2,10.3.2 Claims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.],9.6.7,10.3.3, 11.1.1, ] ].4.5,1104.7,14.1.3,14.2.4 Claims Subject to Arbitration 4.4.1,4.5.],4.6.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Re]ating to 2.2.1,3.2.],3.4.1,3.7.1,3.10.],3.]2.6,4.3.5,5.2.1, 5.2.3,6.2.2,8.1.2, 8.2.2,8.3.1, ] 1.1, 11.4.],] 1.4.6, 11.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1,4.2.4 Completion, Conditions Relating to ] .6.1,3.4.1,3.11,3.15,4.2.2,4.2.9, 8.2,9.4.2, 9.8, 9.9.1,9.10,12.2,13.7,14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9,8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.4.2,12.2, 13.7 Compliance with Laws 1.6.1,3.2.2,3.6,3.7,3.] 2.10,3.13,4.1.1,4.4.8,4.604, 4.6.6,9.604,10.2.2,11.1,11.4,13.1,13.4,13.5.1, 13.5.2,13.6,14.1.1, ]4.2.1.3 Concealed or Unknown Conditions 4.3.4, 8.3.1, 10.3 Conditions of the Contract 1.1.1,1.1.7,6.1.1,6.1.4 Consent, Written ] .6, 304.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.604, 9.3.2, 9.8.5,9.9.1,9.10.2,9.10.3, 11.4.1, ]3.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARA TE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 Construction Schedules, Contractor's 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Contingent Assignment of Subcontracts 5.4,14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.I, 11.4.9,14 Contract Administration 3.1.3,4,9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1,3.10,5.2,6.1,11.1.3,1]04.6,11.5.1 Contract Documents, The 1.1, 1.2 Contract Documents, Copies Furnished and Use of 1.6, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,704,9.1,904.2, 9.5.1.4,9.6.7,9.7,10.3.2,11.4.1, ]4.2.4,14.3.2 Contract Sum, Definition of 9.1 Contract Time 4.304,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2, 8.3.1,9.5.],9.7,10.3.2,12.1.1. 14.3.2 Contract Time, Definition of 8.Ll CONTRACTOR 3 Contractor, Definition of 3.1,6.1.2 Contractor's Construction Schedules 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 Contractor's Employees AlA Document A201T"-1997. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No,1 000151186_1 whiCh expires on 12/13/2005, and is not for resale. User Notes: (1221458460) 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, 11.1.1,11.4.7,14.1,14.2.1.1, Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5,3.14.2,4.2.4,6,11.4.7,12.1.2,12.2.4 Contractor's Relationship with Subcontractors 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 11.4.1.2, 11.4.7, 11.4.8 Contractor's Relationship with the Architect 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1, 3.7.3,3.10,3.11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2, 4.3.4,4.4.1,4.4.7,5.2, 6.2.2, 7, 8.3.1,9.2, 9.3,9.4, 9.5,9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 Contractor's Representations 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2, 6.3, 9.5.1, 10 Contractor's Review of Contract Documents 1.5.2, 3.2,3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminale the Contract 4.3.10,14.1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, 9.8.2,9.8.3,9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 6.2.4,7.1.3,7.3.4,7.3.6,8.2,10,12,14 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3 Coordination and Correlation 1.2, 1.5.2, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6,2.2.5,3.11 Copyrights 1.6,3.17 Correction of Work 2.3,2.4,3.7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1,12.1.2, 12.2,13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2, 6.1.1,6.2.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2,10.3.2,10.5,11.3, 11.4,12.1,12.2.1,12.2.4,13.5,14 Cutting and Patching 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3.14.2,6.2.4,9.2.1.5, 10.2.1.2, 10.2.5, 1.0.6, 11.1, 11.4, 12.2.4 Damage to the Work 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Damages, Claims for 3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7,10.3.3, 11.1.1, 11.4.5, 11.4.7, 14.1.3, 14.2.4 Damages for Delay 6.1.1,8.3.3,9.5.1.6,9.7,10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5, 4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4, 9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification 9.4.1,9.5,9.7,14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Defective Work, Definition of 3.5.] Definitions 1.1,2.1.1, 3.1, 3.5.1,3.12.1,3.]2.2, 3.12.3,4.1.1, 4.3.1,5.1,6.1.2,7.2.1,7.3.],7.3.6,8.1, 9.],9.8.1 Delays and Extensions of Time 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3, 7.2.1, 7.3. J, 7.4.1,8.3,9.5.1,9.7.1,10.3.2, 10.6.1,14.3.2 Disputes 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4.3.5, 10.6, 14.1.1.2 Employees, Contractor's 3.3.2,3.4.3,3.8.1,3.9, 3.18.2,4.2.3,4.2.6, 10.2, 10.3, 11.1.1,11.4.7,14.1,14.2.1.1 Equipment, Labor, Materials and I .1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Execution and Progress of the Work AlA DocumentA201""-1997. Copyright @1911,1915,1918, 1925,1937,1951,1958.1961,1963.1966, 1970. 1976,1987and 1997 byThe American Institute of Architecls. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. CopyrIght Law and International Treaties. Unauthorized reproducllon or distribution of this AlA'" Document, or any portion of It, may resullln severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software aI10:50:58 on 08/16/2005 under Order No.1000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (122145646()) 1.1.3,1.2.1,1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7, 3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4, 8.2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 Extensions of Time 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1,9.7.1,10.3.2,10.6.1,14.3.2 Failure of Payment 4.3.6,9.5.1.3,9.7,9.10.2,14.1.1.3, ]4.2.1.2, 13.6 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9,4.3.2, 9.8.2, 9.10, ] 1.1.2, ] 1.1.3, 11.4. I, 11.4.5, 12.3.1, 13.7, 14.2.4,14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.5 Fire and Extended Coverage Insurance 11.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3, 10.5 Identification of Contract Documents 1.5.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17,3.18,9.10.2,10.3.3,10.5,11.4.1.2,11.4.7 Information and Services Required of the Owner 2.1.2,2.2,3.2.1,3.12.4, 3.12.10,4.2.7,4.3.3,6.1.3, 6.1.4,6.2.5,9.3.2, 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Injury or Damage to Person or Property 4.3.8, 10.2, 10.6 Inspections 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2, 9.8.3,9.9.2,9.10.1,12.2.1,13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7,12,8.2.2,13.5.2 Insurance 3.18.1, 6.1.1,7.3.6,8.2.1,9.3.2, 9.8.4,9.9.1, 9.10.2, 9.10.5, 11 Insurance, Boiler and Machinery 11.4.2 Insurance, Contractor's Liability ILl Insurance, Effective Date of 8.2.2,11.1.2 Insurance, Loss of Use 11.4.3 Insurance, Owner's Liability 11.2 Insurance, Project Management Protective Liability 11.3 Insurance, Property 10.2.5, 11.4 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1,11.4.1.5 Insurance Companies, Settlement with 11.4.1 0 Intent of the Contract Documents 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Interest 13.6 Interpretation 1.2.3,1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Interpretations, Written 4.2.] 1, 4.2.12, 4.3.6 Joinder and Consolidation of Claims Required 4.6.4 Judgment on Final A ward 4.6.6 Labor and Materials, Equipment 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 3.8.3, 3.12,3.13,3.15.1, 42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3, 9.10.2,10.2.1,10.2.4,14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 9.6.4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1, 13.5.2, 13.6, 14 Liens 2.1.2,4.4.8, 8.2.2,9.3.3,9.10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4.6.3, 12.2.6, 13.7 Limitations of Liability 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18, 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4, 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Loss of Use Insurance 11.4.3 Material Suppliers 1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 Materials, Hazardous 10.2.4, 10.3, 10.5 AlA Document A201....-1997. Copyright @1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproductlon or distribution of this AIAo Document, or any portIon of It, may result In severe civil and crimInal penalties, and will be prosecuted to the maximum extent possible under Ihe law. This document was produced by AlA sof1ware at 10:50:58 on 08/16/2005 under Order No.1000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221458460) Materials, Labor, Equipment and 1.1.3,1.1.6,1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 9.5.1.3,9.10.2,10.2.1,10.2.4, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 Mechanic's Lien 4.4.8 Mediation 4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2, 8.3.1, 10.5 Minor Changes in the Work 1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2,3.7.3,3.1 I, 4.1.2, 4.2.1,5.2.3,7, 8.3.1, 9.7,10.3.2,11.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6,9.9.3,12.3 Nonconforming Work, Rejection and Correction of 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 12.2.1, 13.7.1.3 Notice 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 4.4.8,4.6.5,5.2. 1,8.2.2,9.7,9.10, 10.2.2, lLl.3, 11.4.6,12.2.2,12.2.4,13.3,13.5.1,13.5.2,14.1,14.2 Notice, Written 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5, 5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3,] 1.4.6, ] 2.2.2, 12.2.4, 13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2,3.7, 3.13,7.3.6.4, 10.2.2 Observations, Contractor's 1.5.2,3.2,3.7.3,4.3.4 Occupancy 2.2.2,9.6.6,9.8, ] ].4.1.5 Orders, Written 1.1.1,2.3,3.9,4.3.6,7, 8.2.2, ] 1.4.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 6.1.4, 6.2.5,9.3.2,9.6. [,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Owner's Authority 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2, 4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1, 6.1,6.3,7.2.1,7.3.],8.2.2,8.3.1,9.3.],9.3.2,9.5.1, 9.9.1,9.10.2, 10.3.2,11.1.3,11.3.1,11.4.3,11.4.10, 12.2.2,12.3.1,13.2.2,14.3,14.4 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors Ll.2, 5.2,5.3,5.4,9.6.4,9.10.2,14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4. 14.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to A ward Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work ]4.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1. U, 1.6, 2.2.5,3.2.1,3.11.1, 3.17.1,4.2.12,5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, 9.10.1,9.10.3,9.10.5,11.1.3,14.2.4,14.4.3 Payment, Certificates for 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1, 9.10.3,13.7, ]4.1.1.3, 14.2.4 Payment, Failure of 4.3.6,9.5.1.3,9.7,9.10.2,14.1.1.3,14.2.1.2,13.6 Payment, Final 4.2.1,4.2.9,4.3.2,9.8.2,9.10,] 1.1.2, ] 1.1.3,11.4.1, 11.4.5,12.3.1,13.7, ]4.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.6.4,9.6.7,9.10.3,11.4.9,11.5 Payments, Progress 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7,11.4.8, 14.2.1.2 PCB 10.3.] AlA Document A201"'-1997. Copyright @1911,1915,1916, 1925,1937,1951,1958,1961,1963, t966, 1970,1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlstrlbu!!on of this AlA'" Document, or any portion of It, may result In severe civil and criminal penal!!es, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software all0:50:58 on 08/16/2005 under Order No.1 0001511 86_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221458460) Performance Bond and Payment Bond 7.3.6.4,9.6.7,9.10.3, 11.4.9,11.5 Permits, Fees and Notices 2.2.2,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3 .I Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11,3.12,4.2.7 Progress and Completion 4.2.2,4.3.3,8.2,9.8,9.9.1, 14.1.4 Progress Payments 4.3.3,9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3 Project, Definition of the 1.1.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the 1.] .7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6,3.2.2, 3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6, 9.6.4,9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2,13.6, 14 Rejection of Work 3.5.1,4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, 9.8.2,9.10.1 Representati ves 2.1.1, 3.1.1, 3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4, 4.5, 4.6 Responsibility for Those Perfonning the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, 10 Retainage 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5.2,3.2,3.7.3,3.12.7,6.L3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3, 5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5,10.3, 12.2.2,12.2.4,13.4,14 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2,10.6 Safety Precautions and Programs 3.3.1,4.2.2,4.2.7,5.3.1, 10.1, 10.2, 10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.1 [,3.12,4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, 1.4.1.2,3.10, 3.Construction12.1, 3.12.2, 4.3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4, 3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1, 11.4.7, 12.1.2,12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13,6.1.1, 6.2.1 Site Inspections 1.2.2,3.2.1,3.3.3,3.7.],4.2,4.3.4,9.4.2,9.10.1,13.5 Site Visits, Architect's 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1,1.1.6,1.1.7,1.2.2,1.6,3.11,3.12.10,3.17 Statute of Limitations 4.6.3, 12.2.6,13.7 Stopping the Work 2.3,4.3.6,9.7,10.3, [4.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS AlA DocumentA201T11-1997. Copyright @1911, 1915,1918,1925,1937,1951,1958,1961,1963,1966, 1970, 1976, 1967 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of iI, may resull In severe civil and criminal penallles, and will be prosecuted 10 Ihe maximum exlent possible under the law. This documenlwas produced by AlA software at 10:50:58 on 08/16/2005 under Order NO.1 000151186_1 Which expires on 12113/2005, and Is not for resale. User Notes: (1221456460) 5 Subcontractors, Work by 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3, 5.3, 5.4,9.3.1.2, 9.6.7 Subcontractual Relations 5.3,5.4,9.3.1.2,9.6,9.1010.2.1,11.4.7,11.4.8,14.1, 14.2.1, 14.3.2 Submittals 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, 9.3,9.8,9.9.1,9.10.2,9.10.3, ] 1.1.3 Subrogation, Waivers of 6.1.1, 11.4.5,11.4.7 Substantial Completion 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 9.10.4.2, 12.2, 13.7 Substantia] Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3,5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2,3.5.1,7.3.7 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 Successors and Assigns 13.2 Superintendent 3.9,10.2.6 Supervision and Construction Procedures 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 6.2.4,7.1.3,7.3.6,8.2,8.3.1,9.4.2,10, 12,14 Surety 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3, ]4.2.2 Surety, Consent of 9.10.2,9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 4.3.6,5.4.1.1, ] 1.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.6.4 Termination by the Contractor 4.3.10, 14.1 Termination by the Owner for Cause 4.3.10,5.4.1.1,14.2 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 9.lD.l, ]0.3.2, 11.4.1.1, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3.2.3, 4.3.1,4.3.4, 4.3.7,4.4.5, 5.2.3, 7.2.], 7.3.1, 7.4.],8.3,9.5.1,9.7.1,10.3.2, 10.6.], ]4.3.2 Time Limits 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.], 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4, 7.3, 7.4, 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 9.10,11.1.3,11.4.1.5, 11.4.6,11.4.10,12.2,13.5, 13.7,14 Time Limits on Claims 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 Title to Work 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4,8.3.1,10.3 Unit Prices 4.3.9,7.3.3.2 Use of Documents 1.1.1,1.6,2.2.5,3.12.6,5.3 Use of Site 3.13,6.1.1,6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 4.3.10,9.10.5, 11.4.7, 13.4.2 Waiver of Claims by the Owner 4.3.10,9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4 Waiver of Consequential Damages 4.3.10, 14.2.4 Waiver of Liens 9.10.2,9.10.4 Waivers of Subrogation 6.1.1, 11.4.5,11.4.7 Warranty 3.5,4.2.9,4.3.5.3,9.3.3,9.8.4,9.9.1,9.10.4,12.2.2, 13.7.1.3 Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent AlA Document A2011Y-1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of Ihis AlA'" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum exlent possible under the law. This document was produced by AlA software al1 0:50:58 on 08/16/2005 under Order No.1000151186_1 which expires on 12/13/2005, and Is not for resale. User Notes: (1221458460) 1.6,3.4.2, 3.l2.8, 3.14.2,4.1.2,4.3.4,4.6.4,9.3.2, 9.8.5,9.9.1,9.10.2,9.10.3,11.4.1, 13.2,13.4.2 Written Interpretations 4.2.11,4.2.12,4.3.6 Written Notice 2.3,2.4,3.3.1,3.9, 3.12.9,3.12.10,4.3,4.4.8,4.6.5, 5.2.1,8.2.2,9.7,9.10,10.2.2,10.3,11.1.3,11.4.6, 12.2.2, 12.2.4,13.3, 14 Written Orders 1.1.1, 2.3, 3.9,4.3.6, 7, 8.2.2, 11.4.9, 12.], ] 2.2, 13.5.2, 14.3.] AlA Document A201"1 -1997. Copyright @ 1911,1915,1918,1925,1937,1951, 195B, 1961, 1963,1966,1970, 1976, 19B7 and 1997 by The American Institute of Architects. All rights reserved. WARNING; This AlA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maxlmu m extent possible un cler the law. This document was produced by AlA software at 1O:50:5B on 08116/2005 under Order No.l000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221458460) ARTICLE 1 GENERAL PROVISIONS 91.1 BASIC DEFINITIONS 91.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). 9 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 91.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 91.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 91.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 91.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 91.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 91.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 91.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 91.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 91.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. AlA Documenl A201l" -1997. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1966,1970, 1976, 1987 and 1997 by The American ~~~~lt~O~~:~~~~~~dU~:i ~I~~~S ~~~~~V~1~n ~~~7~NA~~ !~~:~~"eZ~~~~:;~~~~~t~~t~~ :~y~';~~~fnY~~v~r;~7\1~nadn~n~~~~~~~ln;~~~~~~~~~nd wi II be 10 prosecuted to the maximum extent pOSSible under the law. This document was produced by AlA soflware at 10:50:58 on 08/16/2005 under Order NO.1 000151186_1 which expires on 12/13/2005, and is not for resale. User Noles: (1221458460) ~ 1.3 CAPITALIZATION ~ 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. ~ 1.4 INTERPRETATION ~ 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ~ 1.5 EXECUTION OF CONTRACT DOCUMENTS ~ 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. ~ 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. ~ 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE ~ 1.6.1 The Drawings, Specifications and other documents, including those in electronic fOlm, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material orequipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. ARTICLE 2 OWNER ~ 2.1 GENERAL ~ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. ~ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. ~ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER ~ 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or AlA Document A201™ -1997. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958. 1961.1963, 1966, 1970, 1976, 1987 and 1997 by The American ~~~~lt~o~~::~~:~~t;dUA~:i~I~~~S :~~~~V~?~n~:~~~NA~~!h6~:~~0e~~~~~:;~~~~~I~~t~~ ~!Y~';;~~I~y~~v~tr;~7v~na~~n~~~~~~~t:~~~~f~~~s~nd wi II be 11 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order NO.1 000151186_1 which expires on 12/13/2005. and is not for resale. User Noles: (1221458460) continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. 92.2.2 Except for permits and fees, including those required under Section 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 92.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 92.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 92,2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 92.3 OWNER'S RIGHT TO STOP THE WORK 92.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements ofthe Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. S 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK S 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to COITect such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, COITect such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR S 3.1 GENERAL S 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. S 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. S 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. S 3.2 REVIEW OF CONTRACT DOCUMENTS AND FJELD CONDITIONS BY CONTRACTOR S 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the AlA Document A201'''' -1997. Copyright @1911, 1915,1918,1925,1937,1951,1958,1961,1963,1966, 1970. 1976, 1987 and 1997 by The American ~~~~!t~o~~::~~~~~~d~~I~~~trs :~~~~~?~n~:fh~~NA~~!h6~:~~"e~~~~~~;~~~~~t~~tl~~ ~~y~';~u~f~Y~~v~tr;~~v~:~~n~~~~~~I~t~~~~~~~~~S~nd will be 12 prosecuted to the maximum extent possible under the law, This document was produced by AlA software al1 0:50:58 on 0811612005 under Order NO.1 000151186_1 which expires on 12/13/2005. and Is no! for resale. User Nates: (1221458460) Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 9 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 93.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pUrsuant to Sections 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Sections 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 93.3 SUPERVISION AND CONSTRUCTION PROCEDURES 93.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 93.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 9 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 93.4 LABOR AND MATERIALS 93.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 93.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 93.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. AlA Document A:l.Ol"" -1997. Copyright @ 1911, 1915,1918, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987 and 1997 byThe American ~~~~tt~o~~:::~~~~~~d:~:I~I~~~S J~~~~V~~~n ~~::~NA~~!h6~:~~"e~~~~~:;~~J~~t~~tl~~ ~~Y~':~U~~l~Y~~v~tr;~~v~nadn~n~~~~~~iZt;~:~~~~~~s~nd wi It be 13 prosecuted to the maximum extent possible under the law. This document was produced by AIAsoflWare all0:50:58 on 08116/2005 under Order No.1 0001511 86_1 which expires on 12113/2005. and is not for resale. User Noles: (1221458460) 93.5 WARRANTY 93.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9 3.6 TAXES 93.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 9 3.7 PERMITS, FEES AND NOTICES 93.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. 93.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 93.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 93.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 9 3.8 ALLOWANCES 93.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 93.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (l) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. 93.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. 9 3.9 SUPERINTENDENT 93.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important AlA Document A201T1'-1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963,1966,1970,1976,1987 and 1997 by The American ~~~~tt;Oo:I~~h::~~~dU~~i~I~~~S J~~~~V~1~n ~:~7~NA~~ J~~:~~0e~~~~~:;~~rrr~~t~~t~~ ~!y~;~~~inY~~v~lr;~~v~nadn~n~~~~~~~t:~J~~~~~~s~nd wi II be 14 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.l000151186_1 which expires on 12/13/2005, and is not for resale. User Noles: (1221458460) communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. ~ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES ~ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as req uired by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. ~ 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. ~ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. ~ 3.11 DOCUMENTS AND SAMPLES AT THE SITE ~ 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. ~ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES ~ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor 01' a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. ~ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. ~ 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. ~ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. ~ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. ~ 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. ~ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submiual and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. AlA Document A201™ -1997. Copyright @ 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1966, 1970, 1976, 1987 and 1997 by The American ~~~~:~o~~::~hj~~~~dU~:I~~~~S :I~~~~u~~~n ~:~~~NA~ll~~~~~:~~~~~~;~~r~~~t~~t~~ ~~y~;~~tOi~Y~~v~r;~~~~na~~n~~~~~~~t':~:;~~~~s~nd will be 15 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.loo0151186_1 whiCh expires on 12/13/2005, and is not for resale. User Notes: (1221458460) ~ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (I) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. ~ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. ~ 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance 01' design criteria required by the Contract Documents. ~ 3.13 USE OF SITE ~ 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. ~ 3.14 CUTTING AND PATCHING ~ 3.14.1 The Contractor shaJI be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. ~ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. ~ 3.15 CLEANING UP ~ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. ~ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. AlA Document A201T>o1 -1997. Copyright @1911, 1915,1918,1925,1937,1951,1958.1961,1963.1966. 1970. 1976, 1987 and 1997 by The American ~~~~tt~o~\::~~~~~~d~l~i~~~t: ~~~~;~~~n~~~h~~NA~~rh~~:~~"e~~~~~:;~~r~~~t~~tl~~~~Y~;~u~~~Y~~v~r;~~v~~~~n~~~~~~I~t;~:~~f~~~S~mi 1'1111 be 16 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order NO.1 000151186_1 which expires on 12/13/2005, and Is not for resale. User Notes: (1221458460) Ii 3.16 ACCESS TO WORK Ii 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. Ii 3.17 ROYALTIES, PATENTS AND COPYRIGHTS Ii 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. Ii 3.18 INDEMNIFICATION Ii 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. Ii 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT Ii 4.1 ARCHITECT Ii 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. Ii 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. Ii 4.1.3 Ifthe employment ofthe Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. Ii 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT Ii 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Section 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. Ii 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and AlA Document A201U1 -1997. Copyright @ 1911,1915,1918, 1925, 1937,1951, 1958, 1961, 1963, 1966, 1970, 1976,1987 and 1997 by The American ~~~~tt~oO~:~~i~~~:d~I:I~~ ~l~ ;~~~~~~~n~:~h~~~~lIh6~:~~"e~~~~~:;~~~~~t~~t~~ ~ryUr:~u~;I~Y~~v~tr;~~v~:~~n~~~~~~~t;~~~~7~~s~nd will be 17 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order No.1000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221458460) deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. ~ 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 94.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 94.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 94.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 94.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or perfonnance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 94.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. ~ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. ~ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. AlA Document A201l"'-1997. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American ~~~~tt~o~~::~~~~~~dU~~i ~I~~t: J~~~~~~~n ~~~~NA~~ l~~:~~:~~~~~~;~~~~~t~;t~~ :!y ~:~~~iny~~gv~r;~%~na~~n~~~~~~i~n:~~~~~~~~s~nd will be 18 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order No.1000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221458460) ~ 4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Section 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them. ~ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. ~ 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. ~ 4.3 CLAIMS AND DISPUTES ~ 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. ~ 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. ~ 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Section 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. ~ 4.3.4 Claims for Concealed 01' Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance ofthe conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, perfomlance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Section 4.4. ~ 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. ~ 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Section 4.3. AlA Document A201'" -1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963, 1966, 1970,1976,1987 and 1997 by The American ~~:~:~:rfi::~hj~~~~dU~~i~~~~S :I~~~~u~~~n ~~~~~NA~lJ~~:~~:~~~~~~;~i~~~~t~~t~~ ~iy ~;~~~inY~~v~tr;~~v~na~~n~~~~~~~ln;~~~~f:~S~nd wlll be 19 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order No.1000151186_1 which expires on 12/1312005, and is not for resale.dUser Notes: (1221458460) ~ 4.3.7 Claims for Additional Time ~ 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress ofthe Work. In the case of a continuing delay only one Claim is necessary. ~ 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. ~ 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2 L days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. ~ 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. ~ 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 4.3.1 0 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. ~ 4.4 RESOLUTION OF CLAIMS AND DISPUTES ~ 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Sections 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. ~ 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. ~ 4.4.3 In evaLuating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. ~ 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. AlA Document A201.... -1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1956,1961,1963.1966,1970,1976,1967 and 1997 by The American ~~:~:~:rfl::~h;~~~~dU~I~i~~~~S ;i~~~~~1~n ~~~~~NA~~I~~~~~:~~~~~~~~~r~~~t~~t~~ ~~y Ur;~~~i~Y~~v:lr;~~V~nDdn~n~~~~~~~ln;~~~~~~~S~nd will be 20 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.l000151186_1 which expires on 12/13/2005. and is not for resale. User Notes: (1221458460) ~ 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. ~ 4.4.6 When a written decision of the Architect states that (I) the decision is final but subject to mediation and arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. ~ 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. ~ 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or by arbitration. ~ 4.5 MEDIA rlON ~ 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those wai ved as provided for in Sections 4.3.10, 9.10.4 and 9. I 0.5 shall, after initial decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. ~ 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. ~ 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ~ 4.6 ARBITRATION ~ 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10, 9.10.4 and 9.10.5, shall, after decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Section 4.5. ~ 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Architect. ~ 4.6.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute oflimitations as determined pursuant to Section 13.7. AlA Document A201™ -1997. Copyright @ 1911, 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966.1970, 1976, 1987 and 1997 by The American ~~~~tt~o~~::~hj~~~~du~ii~~~trs ~i~~~~:r?~n~~~7~NA~l!~~:~~:~~~~~~;~I:~~~!~~t~~ :~y ~;~~~I~y~~:::r;~~v~na~~n~~r~~~~ln;~~~~f:~~nd will be 21 prosecuted to the maximum extent possible un der the law. This document was produced by AlA software at 10:50:58 on OBJl612005 under Order No.1000151186_1 which expires on 12/13/2005, and Is not for resale. User Notes: (1221458460) ~ 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. ~ 4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. ~ 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS ~ 5.1 DEFINITIONS ~ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. ~ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. ~ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK ~ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. ~ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. ~ 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. S 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. AlA Document A201'M -1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951,1956,1961,1963,1966,1970,1976,1987 and 1997 by The American ~~~~tt~o~\::~~:~;~dU~I~I~~~~S Ji~~~~V~~~n~~~~~~~lI~~:~~:~~~~~~;~~r~~~t~~t~~~ry~;~U~~I~y~~v~r~ac%~ :~~~~~~~~i~n;~:~~~:~~s~nd will be 22 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at1 0:50:58 on 08116/2005 under Order No.1000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (122t458460) ~ 5.3 SUBCONTRACTUAL RELATIONS ~ 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. ~ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS ~ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. ~ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ~ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS ~ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Section 4.3. ~ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. ~ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. ~ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, II and 12. ~ 6.2 MUTUAL RESPONSIBILITY ~ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AlA Document A201'M -1997. Copyright @ 1911,1915,1918, 1925, 1937, 1951,1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 byThe American ~~~~lt~oo;i::~~i~~~:du~l~i~~~t: ;~~~~~~~nV;;:~h~~~~~!h6~:~~:~~~~~~;~~~~~t~~t~; ~~yUr;~~~iny~~gv~r;~~v~:~~n~~~~~~i~n:~~~~f~~~s~nd will be 23 prosecuted to the maximum extent pOSSible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order No.l000151186_1 which expires on 12/13/2005, and Is nollor resale. User Notes: (1221458460) S 6.2.2 If part of the Contractor' s Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. S 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. S 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property ofthe Owner or separate contractors as provided in Section 10.2.5. S 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. S 6.3 OWNER'S RIGHT TO CLEAN UP S 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK S 7.1 GENERAL S 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. S 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. S 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. S 7.2 CHANGE ORDERS S 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. Is 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section ~1dJ.., subiect to subDaral!raoh 7.2.2.1 of the SUDolementarv Conditions. S 7.3 CONSTRUCTION CHANGE DIRECTIVES S 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. S 7.3,2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. AlA Document A201T11 -1997. CopyrIght @ 1911,1915, 1918, 1925, 1937, 1951,1956, 1961, 1963, 1966,1970, 1976, 1967 and 1997 by The American ~~~~tt~o~~::~hj~~~~du~~I~~~~S ~i~~~~~~nv;,~~~~NA~~I~~:~~:~~~~~~;~~~~~t~~t~~~~y~:~u~~I~y~~vh:r~ac%~:~~~~~;~~i~n;~~~~~~~s~ nd will be 24 prosecuted 10 the maximum exlent possible under Ihe law. This document was produced by AlA software all 0:50:58 on 01l/16/2005 under Order No.l000151186_1 which expires on 12/13/2005, and Is nollor resale. User Notes: (1221458460) ~ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be detelmined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section 73.6. ~ 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. ~ 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. ~ 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. ~ 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. ~ 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. ~ 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. ~ 7.4 MINOR CHANGES IN THE WORK ~ 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. AlA Document A:l.01"'-1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American ~~~~lt~oo~::~~~~~t~d~d:I~I~~~S :~~~~V~?~n ~~~h~~NA~~ I~~:~~"e~~~~~:;~~J~~t~~ti~; ~~y~':~u~~PnY~~v~tr;~~v~~~~n~~r~~~i~t:~J~~f~~s~ncl will be 25 prosecuteclto the maximum extent possible under the law. This documeot was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.l000151186_1 which expires on 12/13/2005, and is not for resale. User Noles: (1221458460) Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME ~ 8.1 DEFINITIONS ~ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. ~ 8.1.2 The date of commencement of the Work is the date established in the Agreement. 98.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. ~ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 9 8.2 PROGRESS AND COMPLETION 98.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 98.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other securi ty interests. ~ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 9 8.3 DELAYS AND EXTENSIONS OF TIME 9 8.3.1 If the Contractor is delayed at any time in the commencement or progress oUhe Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 98.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.3. 9 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9 9.1 CONTRACT SUM 99.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 99.2 SCHEDULE OF VALUES 99.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. ~ 9.3 APPLICATIONS FOR PAYMENT 99.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. AIADocumentA201"'-1997.Copyrlghlll:>1911,1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963.1966, 1970. 1976,1987and 1997 by The American ~~~~:~:r~::~~i~~cr~du~:i=~~~S ~~~~~~?~n ";;~~~~NA~lI~~:~~:~~~~~:;~i~r~~~I~~t~~ ~ryU;;~~~i~y~~v:tr;~~v~nadn~~~r~~~~t;~:~~f~~~5~nd will be 26 prosecuted to the maximum extent possIble under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.1 000151186_1 which expires on 12/13/2005. and Is not for resale. User Notes: (1221458460) Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. 99.3.1.1 As provided in Section 7.3.8, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. 99.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 99.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 99.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, infOlmation and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons Of entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 99.4 CERTIFICATES FOR PAYMENT 99.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. 99.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (I) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 99.5 DECISIONS TO WITHHOLD CERTIFICATION 99.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner. if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4. L If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of: AlA Document A201™_1997. Copyright @1911,1915,1918,1925,1937,1951,1958, 1961, 1963,1966,1970,1976, 1987 and 1997 by Tile American ~~~~:~o~~::~hj~~~~dU~:i~~~~S ~i;~~~u~?~n~~~~~NA~llhci~:~~:~~~~~:;~~~~~I~~I~~ :~y ~:~~~I~Y~~v~r;~~~~na~~n~~r;~~~ln;~J~~~~~~nd will be 27 prosecuted to lhe maximum extenl possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order No.l000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221458460) .1 defective Work not remedied; ,2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 99.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 99.6 PROGRESS PAYMENTS 99.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 99.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 9 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the payment of money to a Subcontractor except as may otherwise be required by law. 99.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. 99.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 99.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 99.7 FAILURE OF PAYMENT 99.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. AlA Document A201n.o -1997. Copyright @ 1911,1915, 1918, 1925, 1937,1951, 1958. 1961, 1963, 1966, 1970, 1976,1987 and 1997 byThe American ~~~~tt~oO~::~~i~~~~du~l:i~~~~s ;~~~~~~~n~:~h~~~~ih6~:~~"e~~~~~:;~~rfr~~t~~t~~ ~:yUr;~u~~I~Y~~vhetr;~~v~~~n~~~~~~I~t:~~~~f~~~s~nd will be 28 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 0811612005 under Order No.l000151186_1 which expires on 12/13/2005, and Is not tor resale. User Notes: (1221458460) ~ 9.8 SUBSTANTIAL COMPLETION ~ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. ~ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. ~ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated pOltion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. ~ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance. heat, utilities, damage to the Work and insurance. and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. ~ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Celtificate. Upon such acceptance and consent of surety, if any. the Owner shall make payment ofretainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. ~ 9.9 PARTIAL OCCUPANCY OR USE ~ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. ~ 9.9.2 Immediately prior to such partial occupancy or use, the Owner. Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. ~ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. ~ 9.10 FINAL COMPLETION AND FINAL PAYMENT ~ 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in AlA Document A20P"-1997. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American ~~~~tt~o~fl::~h~~~~~dU~:i~I~~~S :~~~~~1~n ~~~7~NA~~ J~~:~~:~~~~~~;~~r:;~~t~~t~~ ~ry ~;~~~inY~~v~r;~fv~na~~n~~~~~~I~ln:~~~~~~~~s~nd wi II be 29 prosecuted to the maximum exlent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.1000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221458460) the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. ~ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a cettificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. ~ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecti ng final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ~ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. ~ 9.10.5 Acceptance of final payment by the Contractor. a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY ~ 10.1 SAFETY PRECAUTIONS AND PROGRAMS ~ 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. ~ 10.2 SAFETY OF PERSONS AND PROPERTY ~ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub. subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. ~ 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. AlA Document A201'" -1997. Copyright Il:> 1911,1915,1918,1925,1937,1951.1958,1961,1963, 1966,1970,1976,1987 and 1997 by The American ~~:~t~~~::~h~~~cr~du~lii~~~~s Ji~~~u~~~nV;;~~~~NA~~J~~:~~~~~~~~;~I~~~~t~~l~~ ~~y ~;~~~I~Y~~v~tr;~~~~na~~n~~~~~~~ln;~~~~f~~~nd will be 30 prosecuted to the maximum extent possible under the law. This document was produced by AlA software all 0:50:58 on 08116/2005 under Order No.1000151186_1 which expires on 12/13/2005, and Is notfor resale. User Notes: (1221458460) 9 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. ~ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carryon such activities under supervision of properly qualified personnel. 910.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. 910.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. ~ 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 910.3 HAZARDOUS MATERIALS 910.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. ~ 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal 01' safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. 910,3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 910.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. AlA DocumenlA201T101-1997. Copyright @1911,1915,1918,1925,1937.1951, 1958.1961,1963,1966, 1970, 1976, 1987 and 1997 by The Amelican ~~~~lt~oo~::~~~~~t;d:;tli~I~~~S :~~~~V~?~n ~:~~~NA~~lh6~:~~"e~~~~~:;~~~~~t~~ti~~ ~~y~':~u~~fnY~~v~r;~~~~nadn~n~~;~~~iZt~~J~~~~~~s~nd will be 31 prosecuted 10 Ihe maximum extent possible under Ihe law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order No.1 0001511 66_1 which expires on 12/13/2005, and is not for resale. User Noles: (1221458460) ~ 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ~ 10.6 EMERGENCIES ~ 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS ~ 11.1 CONTRACTOR'S LIABILITY INSURANCE ~ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable; .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be perfOlmed; ,2 claims for damages because of bodily inj ury, occupational sickness or disease, or death of the Contractor's employees; claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. ~ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. ~ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. ~ 11.2 OWNER'S LIABILITY INSURANCE ~ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. ~ 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE ~ 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Sections 11.1.1.2 through 11.1.1.5. AlA Document A201T1. -1997. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1966, 1970, 1976, 1987 and 1997 by The American ~~~~tt;o~~::~h~~~~l~dU~:i~~~~S :~~~~V~~~n ~:~7~NA~~ l~~:~~:~~~~~~;~~~~~t~~t~~ :Xy ~:~~~l~y~~gv~tr;~%~na~~n~~~~~~~n:~~~~f~~~s~nd will be 32 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order No.l000151186_1 which expires on 12/13/2005. and Is no! for resale. User Notes: (1221458460) g 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. g 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Section 1] .1. g 11.4 PROPERTY INSURANCE g 11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance. until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub- subcontractors in the Project. g 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. g 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor. Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. g 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. g 11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. g 11.4.1.5 Partial occupancy or use in accordan~e with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. g 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. g 11.4.3 Loss of Use Insurance. The Owner. at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards. however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. AlA Document A201T"-1997. Copyright @1911,1915,1918,1925,1937,1951,1958,1961,1963. 1966, 1970. 1976, 1987 and 1997 byThe American ~~~~:~:rf,::~~~~cr~dU~~'~~~~S :'~~~~~~~n V;;~~~;~~lr~~:~~~~~~~:;~'~~~~'~~I~~ ~~Y~:~~~I~y~~v~tr;~fv~na~~n~~~~~~~t;~~~~~~~~s~nd will be 33 proseculed 10 Ihe maximum extent possible under lhe law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.1000151186_1 which expires on 12/13/2005. and Is not for resale. User Notes: (1221458460) 911.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 911.4.5 If during the Project construction period the Owner insures properties, real or persona] or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section l1A.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 9 11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section l1A. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. 911.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (I) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section I IA or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person 01' entity had an insurable interest in the property damaged. 911.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 1 I .4.10. The Contractor shaH pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 911.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Section 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. 911.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one ofthe parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Sections 4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 911.5 PERFORMANCE BOND AND PAYMENT BOND 911.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful perfonnance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. AIAOocumenIA20FM-1997.Copyrlghl @1911,1915,1918,1925,1937,1951,1958,1961.1963, 1966, 1970, 1976, 19B7and 1997 by The American ~~~~lt~o~~::~h;:~~~dU~~i~I~~~S ~~~~V:t~~n ~:~7~NA~~ ;r~~:~~0e~~~~~:;~~rIT~~t~~tl~~ ~iy~';~u~~inY~~v~r;~~v~na~~n~~~~~~I~t;~~~~f~~~S~nd wi II be 34 prosecuted to the ma~imum e~tent possible under the law. This document was produced by AIAsoflware at 10:50:58 on 08/t6/2005 under Order No.1000151186_1 which e~pires on 12113/2005, and is not for resale. User Noles: (1221458460) ~ 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK ~ 12.1 UNCOVERING OF WORK ~ 12.1.1 If a portion ofthe Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. 912.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 912.2 CORRECTION OF WORK 912.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 912.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 912.2.2 AFTER SUBSTANTIAL COMPLETION 912.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require cOITection by the Contractor and to make a claim for breach of warranty. Ifthe Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. 912.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. ~ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. 912.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 912.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 912.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract AlA Document A201'" -1997. Copyright @ 1911, 1915, 1918, 1925. 1937, 1951, 1956, 1961, 1963,1966,1970,1976, 1967 and 1997 by The American t~~~t~:r~::~~i~~~~dU~:I~~~~S ~i~~~~u~~~n ~~:~NA~lI~~:~~:~~~~~~;~~r~~~!~~I~~ ~~y ~:;~~fnY~~\I~r~~~\I~~~~n~~r;~~i~ln;~~~~~~~s~nd will be 35 prosecuted to the maximum extent possible under the lalll. This document was produced by AlA software at 10:50:56 on 06/16/2005 under Order No.1000151186_1 which expires on 12/1312005, and is not for resale. User Notes: (1221458460) Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ~ 12.3 ACCEPTANCE OF NONCONFORMING WORK ~ 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment bas been made. ARTICLE 13 MISCELLANEOUS PROVISIONS S 13.1 GOVERNING LAW S 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 913.2 SUCCESSORS AND ASSIGNS 913.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 913.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. 913.3 WRITTEN NOTICE 913.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if deli vered at or sent by registered or certified mail to the last business address known to the party giving notice. 9 13.4 RIGHTS AND REMEDIES 9 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available bylaw. 913.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 913.5 TESTS AND INSPECTIONS 913.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 9 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. AlA Document A201n.1-1997. Copyright @ 1911, 1915, 1918, 1925, 1937,1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 byThe American ~~~~tt~oo~t:~~i~~~~d~l:i~~~~S J~~~~~~~n ";;~~ ~~NA~~!h6~:~~e~~~~~:;~~J~~t~~t~~ ~:yUr;~u~~I~y~~v~tr;~~v~n:n~n~~;~~~~t;~J;~~~~~S~nd will be 36 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order No.l000151186_1 which expires on 12/13/2005, and Is not for resale. User Notes: (1221458460) 913,5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 913.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 913.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 913.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 9 13.6 INTEREST 913.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 913.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 913.7.1 As between the Owner and Contractor: Before Substantial Completion. As to acts or failures to act occUlTing prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 914.1 TERMINATION BY THE CONTRACTOR 914.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; because the Architect has not issued a Certiticate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. 914.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work AlA Document A201™-1997. Copyright @1911,1915,1918, 1925,1937,1951,1958,1961.1963,1966, 1970, 1976, 1987 and 1997byTheAmerican ~~~~tt~:r~::~~i~~~~dU~~i=~~~S :~~~~Y~~~n ~:~~~NA~~I~~:~~~e~~~~~~;~~~~~'~~tl~: ~:yUr;~u~;I~y~~v~tr;~~v~na~~n~~;~~~i~ln:~~;~~~~~s~nd will be 37 prosecuted to the maximum extent possible under the law. This document was produced by AlA software al10:50:58 on 08ft 6f2005 under Order No.l000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (t 221458460) by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent ofthe total number of days scheduled for completion, or 120 days in any 365wday period, whichever is less. 914.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 914.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. 914.2 TERMINATION BY THE OWNER FOR CAUSE 914.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 914.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 9 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.], the Contractor shall not be entitled to receive further payment until the Work is finished. 914.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract 9 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 914.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. S 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. AlA Document A201l"-1997, Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American ~~~~tt~o~~::~h:~~~~dU~:i ~I~~~S :~~~~V~~~n ~:~7~NA~~ J~~:~~:~~~~~:;~~r::~~t~~t~~ ~!Y~:~~~I~y~~v~r;~~v~nadn~n~~~~~~I~ln:~~~~~~~~s~nd wi II be 38 prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order No.1000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221458460) S 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 914.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 914.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. S 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. AlA Document A2011l1-1997. Copyright @1911, 1915. 1918, 1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American ~~:~tt~o~~::~~i~~~~dU~I:I~~ ~~s :~~~~V~~~n ~:~~~~~lrh6~:~~0e~~~~~~;~~~~~t~~tl~~ ~!yUr;~u~~I~y~~v~tr;~~v~:dn~n~~;~~~~ln:~~;~f~~~s~nd will be 39 proseculed to the maximum extent possible under the law. This document was produced by AlA software all0:50:58 on 08f16f2005 under Order No.l000151186_1 which expires on 12/13/2005, and is not for resale. User Notes: (1221456460) EXHIBIT 'B' ( SUPPLEMENTARY CONDITIONS The following supplements modify the "General Conditions of the Contract for Construction", ALA Document A20 I, 1997. Where a portion of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 2 - OWNER 2.1 General Add to subparagraph 2.1.1 the following: 2.1.1.1 Doug Strong, Director and Elroy Huff, Park Superintendent, representing the Meridian Parks and Recreation Department shall be the representatives of the City of Meridian and here and after shall be designated as the Owner. Wherever in these Specifications and Contract the term "Owner" shall mean the City of Meridian as represented by the Meridian Parks and Recreation Department or a designated representative. 2.2 Information and Services Required of the Owner. Delete subparagraph 2.2.1 Delete subparagraph 2.2.2 and substitute the following 2.2.2 Except for permits and fees, including those required under subparagraph 3.7.1, which are the responsibility of the contractor under the Contract Documents, the Owner will secure and pay for the plan check fee and building permit required by the City of Meridian, conditional use permits, and any other permits and fees specifically indicated in the Contract Documents to be secured and paid for by the Owner. Delete subparagraph 2.2.5 and substitute the following: 2.2.5 The Contractor will be furnish free of charge 25 copies of Drawings and Project Manuals. Additional sets will be furnished at the cost of reproduction, postage and handling. 2.3 Owners Rights to Carry Out the Work In paragraph 2.4.1, delete the next to last sentence. ARTICLE 3 CONTRACTOR 3.5 Warranty In paragraph 3.5.1, add the following: This warranty is not limited by the contractor's obligation to repair defects appearing within one year of substantial completion. 0427/SUPPLEMENTARY CONDITIONS SC-l EXHIBIT 'B' 3.6 Taxes Add to 3.6 the following: 3.6.2 The Contractor, in consideration of securing the business of erecting or constructing public works in this State, recognizing that the business in which the Contractor is engaged is of a transitory character, and that in the pursuit thereof, the Contractor's property used therein may be without the state when taxes, excises, or license fees to which is liable become payable, agrees: 1. To pay promptly when due all taxes, (other than on real property), excises and license fees due to the state, its sub-divisions, and municipal and quasi-municipal corporations therein, accrued or accruing during the term of this Contract, whether or not the same shall be payable at the end of such term; 2. That if the said taxes, excises, and license fees are not payable at the end of said term, but liability for the payment thereof exists even though the same constitute liens upon the Contractor's property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and 3. That, in the event of his default in the payment or securing of such taxes, excises, and license fees, to consent that the department, officer, board, or taxing unit entering into this Contract may withhold from any payment due the Contractor hereunder, the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which said Contractor is liable. 3.6.3 Before entering into a contract, the Contractor shall be authorized to do business in the state and shall submit a properly executed Contractor's Affidavit Concerning Taxes. 3.6.4 Within ten days of receipt of forms from Owner, Contractor shall complete and return to Owner forms as required by tax collector, showing dates, names, addressses, contracting parties, including all subcontractors, and all other relevant information which may be required. 3.7 Permits, Fees and Notices In subparagraph 3.7.1 delete "the building permit and other" and substitute "all". Refer to Supplementary Condition 2.2.2 for permits and fees provided by the Owner. Add to 3.7.1 the following: 3.7.1.1 The Contractor shall pay for plumbing and electrical permits required by the City of Meridian. The Contractor shall obtain and pay for all licenses and permits and shall pay all fees and charges for connections to outside services and for the use of municipal or private property for storage of material, parking, utility services, temporary obstructions, enclosures, opening and patching of streets, etc., off of the property of the City arising from the construction and completion ofthe Work. The Contractor is not responsible for and will not 0427/SUPPLEMENTARY CONDITIONS SC-2 ( EXHIBIT 'B' ( be required to pay impact fees, sewer capacity fees and similar forms of taxes imposed by local taxing bodies. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 Arch itect Delete subparagraph 4.1.2 and substitute the following: Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without the written consent of the Owner and Architect after notice to Contractor. In subparagraph 4.1.3 the following words shall be deleted: .....against whom the Contractor has no reasonable objection and..." 4.2 Architect's Administration of the Contract In subparagraph 4.2.12 delete the following portion of the last sentence: "..., will not show partiality to either and will not be liable for results of interpretations or decisions as rendered in good faith." 4.3 Claims and Disputes Delete subparagraph 4.3.2 and substitute the following: 4.3.2 Time Limits on Claims. A Claim by either party must be made by written notice to the Architect within ten (10) days from the date ofthe occurrence of the event or discovery of the condition giving rise to the Claim or within ten (10) days from the date that the Claimant knew or should have known of the event or condition. Unless the Claim is made within the aforementioned time requirements, it shall be deemed to be waived. The written notice of Claim shall include a factual statement of the basis for the Claim, pertinent dates, contract provisions offered in support of the Claim, additional materials offered in support of the Claim and the nature of the resolution sought by the Claimant. The Architect will not consider, and the Owner shall not be responsible or liable for, any Claims from subcontractors, suppliers, manufacturers, or other persons or entities not a party to this Contract. Once a Claim is made, the Claimant shall cooperate with the Architect and the party against whom the Claim is made in order to mitigate the alleged or potential damages, delay or other adverse consequences arising out ofthe condition. Delete subparagraph 4.3.4 and substitute the following: 4.3.4 Concealed or Unknown Conditions. If conditions are encountered at the site which are subsurface or are othervvise concealed or unknown physical conditions which differ materially from those indicated in the Contract Documents or which were not reasonably susceptible of being disclosed by the Contractor's examination of the site in accordance with Subparagraph 4.3.4.1 of these Supplementary Conditions, then notice by the observing party shall promptly be given to the Architect and the other party before the conditions are disturbed and in no event later than ten (10) 0427/SUPPLEMENTARY CONDITIONS SC-3 C' EXHIBIT 'B' days after first observance of the conditions. The Architect promptly investigate such conditions and, if they differ materially from the Contract Documents or if they were not reasonably susceptible of being disclosed by the Contractor's examination of the site, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both, if the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the contract. If the Architect determines that the conditions at the site do not warrant an adjustment in the Contract terms, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. If the Owner and the Contractor cannot agree on an equitable adjustment to the Contract terms or otherwise disagree with the determination of the Architect, the matter shall be subject to further proceedings in accordance with Paragraph 4.4. Add to 4.3.4 the following: 4.3.4.1 The Contractor agrees and acknowledges that he has had sufficient time and opportunity to examine the Contract Documents and the site of the work in order to undertake any necessary actions to determine the character of the subsurface materials and site conditions to be encountered. No adjustment in the Contract Time or Contract sum shall be permitted in connection with a subsurface, concealed or unknown site condition which does not differ in any material respect from those conditions disclosed or which reasonably should have been disclosed or identified by the Contractor's examination of the Contract documents and the site of the work. Add to 4.3.5 the following: 4.3.5.1 The Contractor shall not be entitled to an adjustment in Contract Time or in Contract Sum for any delay or failure of performance to the extent such delay or failure was caused by the Contractor or anyone for whose acts the contractor is responsible. The Contractor shall be entitled to an equitable adjustment in Contract Time, and may be entitled to an equitable adjustment in Contract Sum, if the cost or time of Contractor's performance is delayed or changed due to the fault of the Owner. To the extent any delay or failure of performance was concurrently caused by the Owner and Contractor, the Contractor shall be entitled to an adjustment in the Contract Sum. In the event that the Contractor is entitled to an adjustment in Contract Sum, the Owner will pay only for the following verifiable costs directly associated with the time extension or delay: 1) the actual labor costs, fringe benefits, employment taxes and insurance related to the Project Superintendent; 2) the cost associated with the fair rental value of the Project Superintendent; 2) the cost associated with the fair rental value of the Project Superintendent's vehicle directly related to the time extension; 3) the direct costs attributable to the extension for the field office facility, including telephone lines, utilities, power, lights, water, and sewer (toilets). Mark-up on these costs will not be allowed. The Contractor shall make all reasonable efforts to prevent and mitigate the effects of any delay regardless of cause. Add to 4.3.7 the following: 4.3.7.3 All Claims for costs related to Claims for additional time shall be pursuant to Paragraph 4.3. The Contractor shall not be entitled to make a Claim for adjustment in the Contract Sum based upon the matter of adverse weather conditions or force majeure. . 4.4 Resolution of Claims and Disputes In subparagraph 4.4.5, delete "and arbitration". 0427/SUPPLEMENTARY CONDITIONS SC-4 EXHIBIT 'B' Delete subparagraph 4.4.6. Delete subparagraph 4.4.8. 4.5 Mediation In subparagraph 4.5.1 change "initial" to "final" and delete "or 30 days after submission ofthe Claim to the Architect". In subparagraph 4.5.2 delete the last sentence. 4.6 Arbitration Delete entirely all subparagraphs in 4.6 and substitute the following: 4.6.1 The Contractor and the Owner shall not be obligated to resolve any Claim or dispute related to this Contract by arbitration. Upon agreement of the parties and following the exhaustion of mediation, any Claim related to this Contract may be submitted to arbitration, either binding or non-binding, upon mutually agreeable terms and conditions. In the absence of such agreement, any reference or requirement in this Contract to arbitration is deemed void and has no force or effect. ARTICLE 5 SUBCONTRACTORS 5.3 Subcontractor Relations In subparagraph 5.3.1, in the first sentence, insert the word "written" between the word "appropriate" and "agreement" in the first phase. In subparagraph 5.3.1, in the first sentence, delete the second phrase which reads "... written where legally required for validity,..." ARTICLE 7 CHANGES IN WORK 7.2 Change Orders Add to 7.2 the following: 7.2.2.1 The amount allowed for overhead and profit on any change order is limited to the amounts indicated in subparagraph 7.3.10 of these Supplementary Conditions. 7 .2.3 Any Change Order prepared, including but not limited to those arising by reason of the parties' mutual agreement or by mediation, shall constitute a final and full settlement of all matters relating to or affected by the change in the work, including, but not limited to, all direct, indirect and consequential costs associated with such change and any and all adjustments to the Contract Sum and Contract Time. In the event a Change Order increases the contract Sum, the contractor shall include the work covered by such Change Order in the Application for Payment as if such work were originally part of the Project and Contract Documents. 0427/SUPPLEMENTARY CONDITIONS SC-5 EXHIBIT 'B' ( 7.2.4 By the execution of a Change Order, the Contractor agrees and acknowledges that he has had sufficient time and opportunity to examine the change in work which is the subject of the Change Order and that he has undertaken all reasonable efforts to discover and disclose any concealed or unknown conditions which may to any extent affect the Contractor's ability to perform in accordance with the Change Order. Aside from those matters specifically set forth in the Change Order, the Owner shall not be obligated to make any adjustments to either the Contract Sum or Contract Time by reason of any conditions affecting the change in work addressed by the Change Order which could have reasonably been discovered or disclosed by the Contractor's examination. 7.3 Construction Change Directives Add to subparagraph 7.3.4 the following: In the second line after the word "Architect" insert the following words: "in writing within forty-eight hours. . ." The balance of the subparagraph remains unchanged. m subparagraph 7.3.5, in the last sentence, delete "recorded as a" and substitute "incorporated into a future". In subparagraph 7.3.6, in the first sentence, delete the words "a reasonable allowance for overhead and profit" and substitute the words "an allowance for overhead and profit in accordance with subparagraph 7.3.10 of these Supplementary Conditions." In the second sentence after the words "m such case," add the words "of an increase in Contract Sum" In subparagraph 7.3.8, delete the last two sentences. Add to 7.3 the following: 7.3.10 For purposes of subparagraphs 7.2.2.1 and 7.3.6 of these Supplementary Conditions, the allowance for combined overhead and profit shall be limited as follows, unless otherwise provided in the Contract Documents: .1 for total changed of $10,000 or less in direct cost, the amount allowed for overhead, profit, bonds and insurance for the Contractor and all subcontractors of any tier, combined shall not exceed twenty percent (20%) of direct costs. .2 for total changes exceeding $10,000 in direct cost, the amount allowed for overhead, profit, bonds and insurance for the Contractor and all subcontractors of any tier, combined shall not exceed fifteen percent (15%) of direct costs. .3 the Contractor will determine the apportionment between the Contractor and its subcontractors of allowable amounts of overhead, profit, bonds and insurance. ARTICLE 8 TIME 8.1 Definitions In subparagraph 8.1.1, add the following: 0427/SUPPLEMENTARY CONDITIONS SC-6 ( EXHIBIT 'B' 8.1.1.1 The contractor shall substantially complete the defined by paragraph 9.8.1 within 150 consecutive calendar days after the date indicated to proceed in the Notice to Proceed as defined by Paragraph 8.1.2. In subparagraph 8.1.2, delete the word "Agreement" and substitute the words "Notice to Proceed". 8.3 Delays and Extensions of Time In subparagraph 8.3.1, delete the words "and arbitration", Delete subparagraph 8.3.3 and substitute the following: 8.3.3 Notwithstanding any term, condition or provision to the contrary in this Contract, the remedies available to the Contractor for adjustment of Contract Time and Contract Sum by reason of delay shall be those set forth in subparagraph 4.3.5.1 of these Supplementary Conditions. 8.3.4 If the Contractor submits a progress report or schedule indicating, or otherwise expressing an intention to achieve completion of the Work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Contractor to the Owner for any failure of the Contractor to so complete the work shall be created or implied. ARTICLE 9 PAYMENTS AND COMPLETION 9.3 Application for Payment In subparagraph 9.3.1, in the first sentence, delete the words "At least ten (10) days" and substitute the following: "On or before the date of the monthly progress meeting, but not less than thirty (30) days." Delete subparagraph 9.3.1.1. Add to 9.3.2 the following: Off site storage will not be approved at locations more than 30 miles from the project site or outside the State. Any materials stored off site and paid for by the Owner shall be physically marked as being the property of the City of Meridian. 9.6 Progress Payments Add to 9.6.1 the following: 9.6.1.1 Until conditions set forth in paragraph 9.10 are met, the Owner shall pay ninety-five percent (95%) of the amount due the Contractor on account of progress payments. If the Architect determines that the Contractor has made or is making satisfactory progress on any uncompleted portions of the work, the Owner may, at its discretion, release a portion of the retainage to the Contractor prior to the actual final completion of the conditions set forth in Paragraph 9.10. 0427/SUPPLEMENTARY CONDITIONS SC-7 ( EXHIBIT 'B' i 9.6.1.2 Progress Payrnents shall fall due on or about the thirtIeth day of each month 30 days after the Architects Certificate for Payment is received by the Owner. Add to 9.6.2 the following: 9.6.2.1 The Contractor shall not withhold from a subcontractor or supplier more than the percentage withheld from a payment certificate for the subcontractor or suppliers portion of the work. Delete subparagraph 9.6.7 9.7 Failure of Payment Delete paragraph 9.7 and subparagraph 9.7.1. 9.8 Substantial Completion In subparagraph 9.8.5 delete the last two sentences. 9.10 Final Completion and Final Payment In subparagraph 9.10.1, in the seventh line and after the words Contract Documents, delete the balance of the sentence. Add the following: 9.10.1.1 The final retainage shall become due and payable to the Contractor in not more than thirty (30) days after issuance of the final Certificate for Payment by the Architect provided that the conditions of subparagraph 9.10.2 are fully satisfied. Add to Article 9 the following: 9.11 Liquidated Damages 9.11.1 The Owner will suffer financial loss in an amount that is difficult to quantify if the Project is not substantially complete on the date set forth in the Contract Documents. The Contractor (and his Surety) shall be liable for and shall pay to the Owner the sums hereinafter stipulated as fixed, agreed and liquidated damages, and not as a penalty, for each calendar day of delay until the Work is substantially complete. Five Hundred and No/Hundreds Dollars ($500.00). Article 10 PROTECTION OF PERSONS AND PROPERTY 10.3 Hazardous Materials Add to 10.3.1 the following: 10.3.1.1 Reference to asbestos or polychlorinated biphenyl (PCB) in this Article does not negate the appropriate abatement of asbestos and PCB containing materials as specifically required by the Contract Documents. 0427/SUPPLEMENTARY CONDITIONS SC-8 ( EXHIBIT 'B' ( In subparagraph 10.3.2 delete the first word "The" and substitute the following: "If the hazardous materials or substances were not reasonably susceptible of being disclosed as indicated in Supplementary Condition subparagraph 4.3.4 or required to be abated by the Contract Documents, the" In subparagraph 10.3.2 after the first sentence, delete the rest of the subparagraph Delete subparagraph 10.3.3. In paragraph 10.4 after the word "Contractor", delete the rest of the sentence. Delete paragraph 10.5. 10.6 Emergencies In subparagraph 10.6.1, delete the last sentence. ARTICLE 11 INSURANCE AND BONDS 11.1 Contractor's Liability Insurance In subparagraph 11.1.1.1 substitute a comma for the semicolon at the end, and add the following: including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project. In subparagraph 11.1.1.2 delete the semicolon at the end, and add the following: or persons or entities excluded by statue from the requirements of Clause 11.1.1.1 but required by the Contract Documents to provide the insurance required by that Clause. Add to 11.1.2 the following: 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits: 1. Workers' Compensation (a) State Statutory (b) Employer's Liability: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 2. Comprehensive or commercial general liability including 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. (a) For any claim for bodily injury, property damage, personal injury or due to a contractual liability, limits of not less than $1 million per occurrence. 0427/SUPPLEMENTARY CONDITIONS SC-9 EXHIBIT 'B' ( (b) For products and completed operations coverage, coverage is to be maintained for a period of two (2) years following final payment. (c) For the hazards of explosion, collapse, and underground, commonly referred to as XeD, coverage shall be required if the exposures exist. This coverage may be provided by the subcontractor if the State and prime contractor are named as additional insureds. 3. Business auto liability (including owned, non-owned and hired vehicles) in an amount of not less than $1 million combined single limit. 4. If the General Liability coverages are provided by a Commercial Liability policy, the: (a) General Aggregate shall be not less than $2,000,000. (b) Fire legal liability shall be provided in an amount not less than $50,000 per occurrence. 5. Umbrella Excess Liability: An umbrella policy may be used in combination with other policies to provide a minimum coverage of$I,OOO,OOO. 11.1.2.2 The Owner shall be named as an additional insured on the insurance required in 11.1.2.1 items 2, 3 and 5 above and the insurance shall contain the severability of interest clause as follows: "The insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits ofthe company's liability." 11.1.2.3 The Contractor shall require all subcontractors of any tier to provide Commercial General Liability Insurance with Liability limits of not less than $1,000,000 for bodily injury and property damage, and Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with liability limits of not less than $1,000,000. Add to 11.1.3 the following: 11.1.3.1 If this insurance is written on the Comprehensive General Liability policy form, the Certificates shall be AIA Document G705, Certificate of Insurance or ACORD form 25. If this insurance is written on a Commercial General Liability policy form, ACORD for 25S will be acceptable. Delete paragraph 11.3 and all subparagraphs. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.2 Correction of Work In subparagraph 12.2.2.1 delete the second sentence. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 Governing Law Add to 13.1 the following: 0427/SUPPLEMENT ARY CONDITIONS SC-lO EXHillIT 'B' 13.1.2 Each Contractor and his subcontractors and sub-subcontractors shall comply with all Idaho Statutes with specific reference to Public Works contractor's State license Law, Title 54, Chapter 19, Idaho code, as amended. 13.2 Successors and Assigns In subparagraph 13.2.1, in the second sentence, delete "Except as provided in Subparagraph 13.2.2," Delete subparagraph 13.2.2. 13.3 Written Notice In subparagraph 13.3.1 insert the work "facsimile," between the words "...sent by" and "...registered" 13.6 Interest Delete subparagraph 13.6.1 and substitute the following: 13.6.1 Payments due and unpaid under the Contract Documents shall bear no interest until 30 days past due, thereafter they shall bear interest at the rate of 8% per annum until the date of the check as posted by Owner. 13.7 Commencement of Statutory Limitations Period Delete subparagraphs 13.7.1, 13.7.1.1.) 13.7.1.2, and 13.7.1.3 and substitute the following: 13.7.1 As between the Owner and the Contractor as to acts or failures to act, any applicable statue of limitations shall commence to run and any legal cause of action shall be deemed to have accrued in any and all events in accordance with Idaho law. Add to Article 13 the following: 13.8 Equal Opportunity 13.8.1 The Contractor shall maintain policies of employment as follows: 13.8.1.1 The Contractor and the Contractor's Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin. The Contractor shall take affirmative action to insure that applicants are employed) and that employees are treated during employment without regard to their race, religion, color, sex, age 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 payor 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 setting forth the policies of non-discrimination. 0427/SUPPLEMENTARY CONDITIONS SC-ll EXHIBIT 'B' ( 13.8.1.2 The Contractor and the Contractor's Subcontractors shall, in all solicitation or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age or national origin. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 Termination by the Contractor In subparagraph 14.1.1, in the first sentence, delete the number "30" and substitute the number "60". Delete subparagraphs 14.1.1.3 and 14.1.1.4. Delete subparagraph 14.1.2. In subparagraph 14.1.3 delete "or 14.1.2". In subparagraph 14.1.3 delete the words "profit and damages" and substitute the words "and profit". Delete subparagraph 14.1.4. 14.2 Termination by the Owner for Cause. In subparagraph 14.2.2, in the first sentence, delete the words "..., upon certification by the Architect that sufficient cause exists to justify such action, ...". In subparagraph 14.2.2.3 delete the last sentence. 14.4 Termination by the Owner for Convenience Delete subparagraph 14.4.3 and substitute the following: 14.4.3 In the case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment from the Owner on the same basis provided in Subparagraph 14.1.3, as modified. MISCELLANEOUS SUPPLEMENTARY CONDITIONS PRE-CONSTRUCTION CONFERENCE Before starting the work, a conference will be held to review scheduling of the work, to establish procedures for processing applications for payment, to discuss submittal procedures and to establish a working understanding between the parties as to the project. Present at the conference will be the Architect, Project Representative, the Contractor and his Superintendent. AVAILABILITY OF LANDS The lands upon which the project will take place are owned by the City of Meridian. The Contractor shall exercise extreme care to retain and protect all existing irrigation improvements both above and below ground. The Project will also involve connection to an adjacent subdivision's pressurized irrigation system. 0427/SUPPLEMENTARY CONDITIONS SC-12 EXHIBIT 'B' SPECIFICATIONS The Specifications under which it is proposed to execute this work consists of the information bound herewith, the Idaho Standards for Public Works Construction (ISPWC), Nampa & Meridian Irrigation District Standards, Ada County Highway District Standard Drawings and Specifications and are intended to provide the details reasonably required for the execution of the Work. Any interpretation as to the meaning or the intent of the Specifications should be directed to the Architect in writing. Any interpretation or change in the Specifications will be made only in writing. The Owner will not be responsible for any other explanation or interpretations of the Specifications. INSPECTION The City will observe and inspect the work to the extent necessary, in the City's judgment, to determine that the provisions of the Contract Documents are being properly fulfilled. The City's inspection of the work done shall not relieve the Contractor of his obligation to furnish materials and perform acceptable work in conformance with these Contract Documents. The City of Meridian Department of Public Works (and its designated representatives) and state and local agencies shall at all times have access to work wherever it is in preparation or progress. The Contractor shall provide facilities for such access and for inspection. END OF SUPPLEMENTARY CONDITIONS 0427/SUPPLEMENTARY CONDITIONS SC-13 EXHIBIT 'e' MERIDIAN FIRE DEPARTMENT SOUTH EAGLE ROAD FIRE STATION #4 TABLE OF CONTENTS TITLE/DIVISION COVER TITLE PAGE ADVERTISEMENT FOR BIDS TABLE OF CONTENTS SCHEDULE OF DRAWINGS GEOTECHNICAL REPORT P ART ONE - BIDDING REOUIREMENTS INSTRUCTIONS TO BIDDERS (AIA DOC. A701 - 1997 EDITION) SUPPLEMENTARY INSTRUCTIONS TO BIDDERS SUBSTITUTION REQUEST FORM BID PROPOSAL BIDDERS/ACKNOWLEDGMENT STATEMENT PART TWO - CONTRACT DOCUMENTS AGREEMENT (AlA DOC. A1Ol, 1997 EDITION, BY REFERENCE) GENERAL CONDITIONS (AIA DOC. A201, 1997 EDITION, BY REFERENCE) SUPPLEMENTARY CONDITIONS CONTRACTOR'S AFFIDAVIT CONCERNING TAXES PART THREE - TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REOUIREMENTS 1100 SUMMARY 01230 ALTERNATES 01250 CONTRACT MODIFICATION PROCEDURES 01290 PAYMENT PROCEDURES 01310 PROJECT MANAGEMENT AND COORDINATION 01320 CONSTRUCTION PROGRESS DOCUMENTATION 01330 SUBMIITALPROCEDURES 01400 QUALITY REQUIREMENTS 01420 REFERENCES 01500 TEMPORARY FACILITIES AND CONTROLS 01600 PRODUCT REQUIREMENTS 01700 EXECUTION REQUIREMENTS 01731 CDITING AND PATCHING 01770 CLOSEOUT PROCEDURES 01781 PROJECT RECORD DOCUMENTS 01782 OPERATION AND MAINTENANCE DATA o 1820 DEMONSTRATION AND TRAINING 0427/T ABLE OF CONTENTS TOC-l EXHIBIT ' C' DIVISION 2 - SITE CONSTRUCTION 02230 SITE CLEARING 02300 EARTHWORK 0251 0 WATER DISTRIBUTION 02700 SEWAGE AND DRAINAGE 02741 HOT-MIX ASPHALT PAVING 02751 CEMENT CONCRETE PAVEMENT 0281 0 IRRIGATION SYSTEMS 02920 LAWNS AND GRASSES 02930 EXTERIOR PLANTS DIVISION 3 - CONCRETE 03300 CAST -IN-PLACE CONCRETE DIVISION 4 - MASONRY 04810 UNIT MASONRY ASSEMBLIES DIVISION 5 -METALS 05120 STRUCTURAL STEEL 05500 METAL FABRICATIONS 05511 METAL STAIRS DIVISION 6 - WOOD AND PLASTICS 06100 ROUGH CARPENTRY 06160 SHEATHING 06176 METAL PLATE-CONNECTED WOOD TRUSSES 06402 INTERIOR ARCHITECTURAL WOODWORK DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07115 BITUMINOUS DAMPPROOFING 07190 WATER REPELLENTS 07210 BUILDING INSULATION 07311 ASPHALT SHINGLES 07620 SHEET METAL FLASHING AND TRIM 07920 JOINT SEALANTS DIVISION 8 - DOORS AND WINDOWS 08111 STANDARD STEEL DOORS AND FRAMES 08211 FLUSH WOOD DOORS 08311 ACCESS DOORS AND FRAMES 08361 SECTIONAL OVERHEAD DOORS 08561 VINYL WINDOWS 08711 DOOR HARDWARE 08800 GLAZING 0427/TABLE OF CONTENTS TOC-2 EXHIBIT 'e' DIVISION 9 - FINISHES 09220 PORTLAND CEMENT PLASTER 09260 GYPSUM BOARD ASSEMBLIES 09310 CERAMIC TILE 09653 RESILIENT WALL BASE AND ACCESSORIES 09680 CARPET 09911 EXTERIOR PAINTING 09912 INTERIOR PAINTING 09931 WOOD STAINS AND TRANSPARENT FINISHES DIVISION 10 - SPECIALTIES 10101 VISUAL DISPLAY SURFACES 10155 TOILET COMPARTMENTS 10350 FLAGPOLES 10520 FIRE PROTECTION SPECIALTIES 10801 TOILET AND BATH ACCESSORIES DIVISION 11 - EOUIPMENT 11451 RESIDENTIAL APPLIANCES DIVISION 12 w FURNISHINGS 12491 HORIZONTAL LOUVER BLINDS DIVISION 13 - SPECIAL CONSTRUCTION (NOT USED) DIVISION 14 - CONVEYING SYSTEMS (NOT USED) DIVISION 15 w MECHANICAL 15100 MECHANICAL GENERAL PROVISIONS 15150 MECHANICAL START-UP 15200 PLUMBING 15300 HEATING, VENTILATING AND AIR CONDITIONING 15400 FIRE PROTECTION DIVISION 16 - ELECTRICAL 16010 ELECTRICAL GENERAL PROVISIONS 16060 GROUNDING 16113 UNDER SLAB AND UNDERGROUND ELECTRICAL WORK 16120 CONDUCTORS AND CABLES 16130 RACEWAYS AND BOXES 16140 WIRING DEVICES 16145 LIGHTING CONTROL DEVICES 16190 SUPPORTING DEVICES 16231 PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES 16442 P ANELBOARDS 16484 DISCONNECT SWITCHES 0427/TABLE OF CONTENTS TOC-3 EXHIBIT 'C I DNISION 16 - ELECTRICAL (CONTINUED) 16491 FUSES 16511 INTERIOR LIGHTING 16521 EXTERIOR LIGHTING 16721 FIRE ALARM SYSTEM 16741 TELECOM RACEWAY SYSTEM 16743 TELECOMMUNICATIONS CABLING DNISION 17 -ILLUMINATION TRAFFIC SIGNAL SYSTEMS AND ELECTRICAL 17100 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS AND ELECTRICAL 0427/TABLE OF CONTENTS TOC-4 DISCIPLINE GENERAL CIVIL TRAFFIC LANDSCAPE ARCHITECTURAL STRUCTURAL 0427.00/SCHEDULE OF DRAWINGS SHEET NUMBER AO.l CO.l C1.0 C2.0 C2.l C3.0 C4.0 TSl TS2 TS3 TS4 TSS TS6 LS-1 LS-2 AU A1.2 A2.1 A2.2 A2.3 A2.4 A2.S A3.1 A4.l AS.l AS.2 AS.3 A7.l A8.1 A8.2 A8.3 A8.4 S1.0 S1.1 S1.2 S2.1 S2.2 S3.1 S3.2 EXHIBIT 'D' MERIDIAN FIRE DEPARTMENT SOUTH EAGLE ROAD FIRE STATION #4 SCHEDULE OF DRAWINGS SHEET TITLE COVER SHEET TOPOGRAPHIC SURVEY GRADINGIDRAINAGE PLAN GRADINGIDRAINAGE PLAN GRADINGIDRAINAGE PLAN (ADDITIONAL BID ITEM) CONSTRUCTION DETAILS CONSTRUCTION DETAILS TITLE SHEET SIGNAL DETAILS TRAFFIC SIGNAL CONDUIT LAYOUT PHASE II CONSTRUCTION PAVEMENT MARKINGS AND SIGNS TRAFFIC CONTROL PLAN PLANTING PLAN SPRINKLER PLAN ARCHITECTURAL SITE PLAN SITE PLAN DETAILS FLOOR PLAN DOOR SCHEDULES, WINDOW SCHEDULES, DETAILS DOORIWINDOW DETAILS DOORIWINDOW DETAILS ROOF PLAN BUILDING ELEVATIONS BUILDING SECTIONS WALL SECTIONS WALL SECTIONS WALL SECTIONSIDET AILS REFLECTED CEILING PLAN AND DETAILS INTERIOR ELEVATIONS INTERIOR ELEVATIONS INTERIOR ELEVATIONS INTERIOR ELEVATIONS GENERAL NOTES FOUNDATION PLAN FRAMING PLANS FOUNDA nON DETAILS FOUNDATION DETAILS FRAMING DETAILS MISC. DETAILS SOD-1 DISCIPLINE MECHANICAL ELECTRICAL SHEET NUMBER Ml.l M2.1 M3.1 M3.2 M4.1 MS.l Pl.l P1.2 P2.1 P3.1 P3.2 EO.O E1.0 E2.0 E2.1F E2.1L E2.1I\1P E2.1P E2.1S E3.0 E3.1 0427.00/SCHEDULE OF DRAWINGS EXHIBIT 'Dl MERIDIAN FIRE DEPARTMENT SOUTH EAGLE ROAD FIRE STATION #4 SCHEDULEOFDRA~NGS SHEET TITLE HV AC PLAN HV AC MEZZANINE PLAN HVAC DETAILS HVAC DETAILS HV AC SCHEDULES ENERGY CALCULATIONS WASTE AND VENT PLAN WATER, GAS, COI\1PRESSED AIR PLAN PLUMBING MEZZANINE PLAN PLUMBING SCHEDULE PLUMBING DETAILS ELECTRICAL LEGEND SHEET INDEX ONE-LINE DIAGRAM ELECTRICAL SITE PLAN/DETAILS FIRE ALARM PLAN LIGHTING PLAN MECHANICAL POWER PLAN POWER PLAN SPECIAL SYSTEMS PLAN ELECTRICAL DETAILS ELECTRICAL SCHEDULES SOD-2 29 June 2005 From the Office of: ZGA Architects and Planners, Chartered 565 W. Myrtle Street, Suite 225 Boise, Idaho 83702 Re: Meridian Fire Department Eagle Road Fire Station Meridian, Idaho ZGA Project No. 0427.00 NOTICE TO ALL BIDDERS: This Addendum No. One is hereby made a part of the project requirements and contract documents for the referenced project. Be sure to acknowledg:e this addendum in your Bid/Proposal Form. Failure to do so may subject the bidder to disqualification. The following information is being issued only to the General Contractors on file with Idaho Blueprint and Supply Company. It is the obligation of the General Contractor receiving sub-bids to notify its subcontractors and suppliers of items relating to their bid. DRA WINGS Civil Sheet CI.O - Grading: / Drainag:e Plan · Keynote number 9 should read - Flammable Liquids Interceptor (suppbed by plumbing contractor) refer to mechanical/plumbing plans for details. 4" inv. In = 2597.80 6" inv, Out = 2597.70 Sheet C3.0 ~ Construction Details · Detail 3 - Typical Seepage Pit / Section - The depth of the seepage pit should be 4.00' to match the Drainage Table. Mechanical Sheet M2.1 - HV AC Mezzanine Plan · Delete supply grill symbol G-5/100 -Refer to sketch SK-l attached to this addendum. Sheet M4.1 - HV AC Schedules <. Supply Grille Schedule nominal size and CFM range corrections - Refer to sketch SK-2 attached to this addendum. 0427.00/ ADDENDUM: NO. ONE ADDl-1 Sheet P3.l - Plumbing Schedule and Details · Revise Plumbing Fixture Schedule - Lav-l and Lav-2 I Add integral check valves and selectable temperature range from 800 F to 1200 F. - Refer to sketch SK-6 attached to this addendum. Electrical Sheet E2.0 - Electrical Site Plan I Details · Revise traffic signal connection locations. Refer to Keynote #16 and sketch SK-3 attached to this addendum. · Revise Keynote #13, Add Keynote #18, See SK-3 attached to this addendum. · Revise location and fixture type for pole light at main entrance to parking lot. Refer to SK-4 attached to this addendum. Sheet #2.1F - Fire Alarm Plan · Remove the pull station located in Entry 101. Sheet E2.IL - Lig:hting: Plan · Add Transfer ballast to Keynote #2 and emergency circuit to one of the SF! fixtures located in the Entry. Refer to sketch SK-5 attached to this addendum. · Revise circuiting for PFI fixtures located in Dining and Living. Refer to sketch SK-5 attached to this addendum. · Revise Keynote #3 associated with PFI fixtures. Refer to sketch SK-5 attached to this addendum. Sheet E3.1 - Electrical Schedules Note the following revisions to the Light Fixture Schedule: · FLl - Provide fixture with Architectural Junction Box. Revised part number is 7100-175M-120- HSP-KM-ARJB-GS- WH. · PFl - Provide fixture with one internally mounted transfer ballast for each row. Provide all required power cables to accomplish the operation of the fixtures as indicated. Revised length of suspension cables to 48", Revised part number is 10CRM8-3-32-12FT-R12-120-GEBlO-3SE-EC- DCT-F2/48-AGC-ELH · RR2 - Provide fixture with Quartz Re-strike. Revised part number is AH-50M-6AR-120-QRS. SPECIFICATIONS General Table of Contents (Not reissued) · On page TOC-4, Division 16 - Electrical, add Section 16726, Public Address System Architectural Section 07311 - Asphalt Shing:les · On page 07311-3 delete paragraph 2.2 (Organic Felt Reinforced Asphalt Shingles) in its entirety and substitute the following: 0427.00/ADDENDUM.NO. ONE ADD 1-2 2.2 GLASS-FIBER-REINFORCED ASPHALT SHINGLES · Laminated-Strip Asphalt Shingles: ASTM D 3462, laminated, multi-ply overlay construction, glass-fiber reinforced, mineral-granule surfaced, and self-sealing. . Available Manufacturers and Products: · CertainTeed Corporation; Landmark 30 . GAP Materials Corporation; Timberline 30 . IKO; Cambridge 30 (West) Dual Black . Owens Coming; Oakridge Pro 30 Onyx Black. . P ABCO Roofing Products; Advantage 30 Antique Black. Section 08361 - Sectional Overhead Doors In paragraph 2.2, Steel Door Sections, revise the following sections to read: 2.2.A.l. Minimum Base-Metal (uncoated) Thickness for Section Faces: (16 Gauge). 2.2.B.l Remove this sentence in its entirety. 2.2.G 1. Inside Facing Material: Zinc-coated (galvanized) steel sheet with a minimum base (uncoated) metal thickness (26 Gauge) Electrical . Section 16231 - Packag:ed Eng:ine Generators and Transfer Switches. This Specification Section was not included in the original project manual and is attached to this addendum. Note the specific exhaust and sound level requirements per paragraphs 2.1-H -2-a and 2.1H-5-a &b. . Section 16721 - Fire Alarm System Clarification - In Part 1 - GENERAL, Paragraph 1.1 Scope A.l : Fire Command Center (FCS) refers to the Fire Alarm Control Panel (F ACP) In Part 3 - EXECUTION revise Paragraph 3.1-A to read: "Activation of any addressable manual fire pull box, area smoke detector, heat, duct detector or alarm causing intelligent interface module shall result in, as a minimum, the following functions and indications:" In Part 1- GENERAL delete the following Paragraphs: · 1.1-A-3 Fire Alarm System Printer(s) · 1.1-D-5Elevator Controls for Elevator Recall · 1.1.D-6 Elevator Shaft Smoke HatchN ent Release Control · 1.2-C-l &2 Existing Conditions In Part 3 - EXECUTION delete the following Paragrpahs: · 3.l-A-NOTE ("NOTE: Elevatorlobby. ..signal") 0427.001 ADDENDUM: NO. ONE ADDl-3 · 3.1-B & C in their entirety. . Section 16726 - Public Address Svstems This Specification Section was not included in the original project manual and is attached to this addendum. APPRO V ALS Architectural · The following manufacturers have been approved for bidding only. Final approval shall be based upon requirements of plans and specifications. · Flush Wood Doors: Oshkosh Architectural Door Company. · Toilet Compartments: Hadrian Manufacturing Inc. · Visual Display Surfaces: Partition Specialties, Inc · Embedded Flashing Materials: Sandell Manufacturing Co. · Asphalt Shingles: CertainTeed Corporation, GAP Materials Corp. Mechanical The following manufacturers have been approved for bidding only. Final approval shall be based on requirements of plans and specifications. Plumbing (Description and Manufacturer): + Urinals - Geberit (Chicago) + Faucets - Zurn Aquaspec & Aquaflush, T & S, Symmons + Trench Drain - Zum Flo- Thru with heavy duty frame and grate + Water Closets - Zurn Systems One . Shower Trim - Symmons . Hose Bibs - Chicago Faucets . Lavatories - Zum Systems One + Expansion Tank - Wessels + Wall Box - Symmons + Traps & Supplies - Zum, EBC . Mixing Valves - Leonard Valve Company · BV AC (Description and Manufacturer): + Electric Duct Heater: Nailor Industries, Redd-I, Warren Technologies . Louvers: Nailor Industries, Arrow United . Infra-red Radiant Heaters: Solaronics . Ceiling Fan: Qmark, Leading Edge . Penthouse: Acme . Diffusers: Metal-Aire Electrical The following light fixtures are considered as approved equals: 0427.00/ADDENDUM NO. ONE ADDI-4 Fixture Tvoe ALl, AL2 BFl EXl, EX2 FFl FLI PFl PH RRl RR2 SFl, SF2 SF3 TLl UPl WF1, WF2 WBl WPl WP2 Manufacturer/Brand Spaulding/Newark, Cooper/McGraw-Ed Columbia, Cooper/Metalux Mule, Cooper/Sure-Lites Columbia, Cooper/Metalux Kim Lighting, Cooper/lnvue Alera Lighting, Cooper/Core1ite Confetti, CooperlHALO Prescolite, CooperlHALO Prescolite, Cooper/Portfolio Columbia, Cooper/Metalux Columbia, Cooper/Fail-Safe CooperlHALO Primus Lighting, Cooper/Metalux Columbia, Cooper/Metalux Spero Lighting, Cooper/Lumark Incon LAM, Ametrix The following are considered as approved equals for the fire alarm system: . Pyrotronics . Silent Knite . Simplex . Bosch Additional information included in this addendum and constitutes part of this addendum: . SK-l (Musgrove) . SK-2 (Musgrove) . SK-3 (Synergy) . SK-4 (Synergy) . SK-5 (Synergy) . SK-6 (Musgrove) . Specification Section l0520 - Fire Protection Specialties . Specification Section 16231 - Packaged Engine Generators and Transfer Switches . Specification Section 16726 - Public Address Systems END OF ADDENDUM: NUM:BER ONE 0427.00/ ADDENDUM: NO. ONE ADDl-5 OS/27/2005 09:27 (fD NORTJ.I 2083840755 MUSGROVE t-lVAC MEZZANINE PLAN Scale; 1/4n = [1_0n MUSGROVE BNGINIlJjll.ING, J>.A. ~IG~.O..~1UlI ~1..~I,Ii, 1M UI'I(ilrflrfrt",'\.BJ?O.~ l'~~:;~~~" QVll1l,2J;V1,^MDr~JU.~l'\~n 111lolJu~1l1l1l..Ilt1:"-1.2111 PROJECT NAME 6/27/05 ARCH. PA.oJl;:CTII 0427.00 EAGLE ROAD FIRE STATION NTS R~F. aHEEj' M2.1 PAGE 03/04 BHE:eT NO, SK-1 OS/27/2005 09: 27 2083840755 MUSGROVE LU ...J :J 0 (f) W ~ e e e a:: ~ I w 8 (0 8 0 D:: W - (/J N iJj W f-. ~$. ~'& "'s ::J a 0 t.O ~ -1 z :J -I 0:: I1h!n~,,"I1Ki"rttf('M l't'fj,rn....',trll ("1:I~" ~'".'~:\<m'.,\ l'f'.,..~r"'l-.~~ ~ I.J.J ~ C> 0 to f" 0 Z to. ;2 0 C'\I 71 'I C'\I t ~ 0 0 o . >- I.J... ~ Cl U N ....J . ~ Cl ,W ll. . (f) <( -l l m LL <( C'\I N fa 2:1..tJ '<t :J ~~ ~ >< N N Ot/] >< Z (0 (0 U) (fJ '. ~ -)"' 5? k\",~'\,.,' ,"" ~(. Cl ~~~ril!":t ,,,............... ,", ~",.r ~,.""""' n:: 0 ttl J N ~ ~ ~ I U) c.!I c 8 ( ( } \ MUSGROVE PROJ~CTliAMs EN(llNHRll:.ltfO,.M. ~l"~_1}n~,"n1St._IU R'~OB~~t~"" EAGLE ROAD FIRE STATION cvr.jl:rJYlWl~I)f~ JlI'J"'mmrt..::~l DRAWN SJM CH~CKEO SJM acM.S I NTS ~ ~8ll!~ fQ~1~ ;a&~~ ~:::E~ ~~g~ ~G:~~ [: EiL~ 0.. ~t::! 2i ~~g~ ~<(F?5 ~~ot~ :zd~1? ::J w ~ (] 0::' 6':::~:5 ~~~& ,..!. -:12: ()!i 35 -.J ~ f{j t:} ~ 86&~ li- :i~(3::: ~ VJ 'i= f-"~ W ~~~~ ~ /-C1gJo:::: z~:;n. oL5~1.;j :r:~S:? :i'~g: @d~ wZ<( 5~~ r::::Iww . lr::> O::lr:t: ~ti~ ~ r;: cr:~ ~~9 ~ B>i~ V5 PAGE 04/1214 <( z o Cl lL/ 81 H. PROJoCT" SHEEr NO. 0427.00 ~ SK-2 6/2.7105 . GHoST M4.1 (.) Z :::E' ~ :::E X ~ e : r-~l l~ -:~=~~~-- I I I I I+@ I II I I I : I ) IJI----- I II I II I II I I I ~r--~IT-- ~:c C,," "c c,'.'", ~ :: ~ffi ":~ I I ,~, _I~_- ~~~\ fit: 'ID- - - ~- '\ U_I_! -~ II ) I :: / I :: I :: I :: ~I II Iii '. '. : i 'C'C" II ......., II "'Il Ii i ~J.' ~I i-!! I " I LJ :e :~ ~~ \.~.~ e. - _e. KEYED NOTES o ill 13 2" CONDUIT FOR TRAFFIC SIGNAL CONTROL. ROUTE CONDUIT TO TRAFFIC SIGNAL CONTROL BUTTON LOCATED I THE STATION. COORDINATE REQUIREMENTS WITH ACHD CONTRACTOR. ill 18 TRAFFIC SIGNAL CONTROLLER CABINET. ELECTRICAL SITE PLAN MERlDIAN FIRE STATION- EAGLE ROAD DATE: 06/27/0S JOB NO, 0427 .00 SCALE: ]"=20'.0" DRA\VN: TJL SI< -3 PHONE. (208)336-9617 . F&X (208) 336-9629 410 S. ORCHARD ST. SUITE 132 BOISE IDAHO 83705 synergy@syncrgycngincers.com www.synergyengineers.com ~ synergy JOB: 04185 rCD ELECTRICAL SITE PLAN MERIDIAN FIRE STATION- EAGLE ROAD DATE: 06/27/05 JOB NO: 0427.00 SCALE: 1"~20'-O" SI< -4 PHONE. (208)336-9617 . FA.,'{ (208) 336-9629 410 S. ORCHARD ST. SUITE 132 BOISE IDAHO 83705 Sj'nergY@Sj'nergyengineers.com www.s).nergyengineers.com ~ synergy DRAWN: TJL JOB: 04185 KEYED NOTES CD 3 PROVIDE FIXTURE WITH INTERNALLY MOUNTED BODINE ' GTD 1 TYPE TRANSFER BALLAST. CONNECT SUCH THAT CENTER LAMP (S) ARE SWITCHED SEPARATELY FORM THE OUTSIDE LAMPS. THE CENTER LAMP (S) SHALL BE CONNECTED TO THE TRANSFER BALLAST. PROVID UNSWITCHED LEG TO THE TRANSFER BALLAST AS REQUIRED. ALL SWITCHED LEGS SHALL BE CONNECTED IN SERIES WITH THE OCCUPANCY SENSORS. RE: KEYED NOTE #12. LIGHTING PLAN :NIERlDIAN FIRE STATION- EAGLE ROAD DA'rE: 06/27/05 JOB NO: 0427.00 SCALE: 1/8"=1'-0" DRA \X'N: lJL SI<-5 PHONE. (208)336-9617 . FA,'{ (208) 336-9629 410 S. ORCHARD ST. SUITE 132 BOISE IDAHO 83705 sj'nergy@synergyengineers.com V.hj,,;t,v.s~'nergyengineers.coln ~ synergy JOB: 04185 05/30/2005 11:25 2083840755 MUSGROVE ~ ~.~ ~ ~.~~~ I~ ~~mffi ~ \, ~ ~ ~~ g {' ~t~1 ~ jt= ~~lilti ~ ~ 8~~~ ~ t~ ~R~~ o ~ -~~ ~ ~&: ~ ~ffi~ !i~~ 8~F~ ~~ ~ u'ffd ~~~ -!!=im5 ,~~2 ,. ~::JI ~~~ ~~~ ~~p ~ :2Ul_ !~~~ irl~5~~ d ~ ~:J;.lil_ ~ => a~~~: I; Iii;; ~~&: ~.~~U1~ ~~~ ~ ;5in~~ I~ S 'I ~ ~, ( Il ~~.~ g E. \~ .{ .~Cf ~ ~ ~~;! ~!~ i~~~ ~1h~ ~!;~ cn~Cl ~:~~ ~~; ~~;~~ ~il~~ ~~~~; ~, ~ ~'8~~ ~~~ ~~i~~ ~J,~~ O:H~SC: ~5 ~~~~~ ~~~ ~8~~ll1 ~~~ ~i~~i ~'~~ *~~~~ ~;~ g~~~~ ~ffim !i.I1l~~ dtU>: ~~~~~I ~~~ ~~E~; ll~ ~ I ~~< ;:s ~ ~ii~~ ~I~i s I~ ~~ ~~ ~~~ ~~E. .'.....""~,_."',,<.~...,',......'".,'~"'..,.,} .d, MUSGROVE 15NorNj:lER1NCl, [>,A. ~1~~\'~~~;;;';I~I,:;~li' EAGLE ROAD FIRE STATION ~!::~~~~~~ oMWN SJM CHECIc~O SJM SOAJ.~ NTS ()v~:t~ "(IlAn.'; (Jf:'n)lc:m.I.r.-N[~~ (jr~r:1]t lI~ml~ni'04.2111 PAGE 05/05 ARCH, PIlDJECTI! 0427,00 DATE 8129(05 REF. SHEET P3.1 SHEET NO. SK-6 SECTION 1623] - PACKAGED ENGINE GENERATORS AND TRANSPER SWITCHES PART 1 - GENERAL ].1 CONDITIONS AND REQUIREMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specification Sections, apply to this Section. 1.2 SCOPE OF WORK A. Provide, install, and acceptance test a complete and operable Emergency electric generating system, including all devices and equipment specified herein, as shown on the drawings, or required for the service. Equipment shall be new, factory tested, and delivered ready for installation. 1.3 APPROVED MANUFACTURERS A. Caterpillar, Kohler, or Onan. 1.4 SUBMITTALS A. Provide the following information for review: Manufacturer's product literature and performance data, sufficient to verifY compliance to specification requirements. 2. Manufacturer's certification of prototype testing. 3. Manufacturer's published warranty documents. 4. Shop drawings showing plan and elevation views with certified overall dimensions, as well as wiring interconnection details. 5. Interconnection wiring diagrams showing all external connections required; with field wiring terminals marked in a consistent point-to-point manner. 6. Manufacturer's installation instructions. 1.5 WARRANTY A. Shall be provided for all products against defects in materials and workmanship for one year period from the start -u p date. ] .6 SUPPLIER A. The supplier shall be the manufacturer's authorized distributor, who shall provide initial start-up services, conduct field acceptance testing, and warranty service. The supplier shall have 24-hour service availability and factory-trained service technicians authorized to perform warranty service on all products provided. PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES 1623] - 1 1.7 MANUA LS A. Operators and spare parts manuals shall be provided for all system equipment. The manuals shall include outline, interconnection, wiring, and control drawings accurately describing the equipment provided. Provide ladder logic for all programmable logic controllers in the system. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver engine generator set and system components to their final locations in protective wrappings, containers, and other protection that will exclude dirt and moisture and prevent damage from construction operations. Remove protection only after equipment is safe from such hazards. 1.9 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. ]. Fuses: One for every ten of each type and rating, but not less than one of each. 2. Indicator Lamps: Two for every six of each type used, but not less than two of each. 3. Filters: One set each oflubricating oil, fuel, and combustion-air filters. PART 2 - PRODUCTS NATURAL GAS ENGINE GENERATOR SET A. 4 cycle, 1800 rpm, natural gas with propane backup engine generator set. Generator set ratings: size as indicated on the drawings, standby rating, based on site conditions noted below. System voltage of: 120/208Y Volts AC, Three phase, Four-wire, 60 hertz. Site Conditions: Altitude 2800 feet, ambient temperatures up to 104 degrees F. B. Prototype tests and evaluation Prototype tests shall have been performed on a complete and functional unit, component level type tests will not substitute for this requirement. Prototype testing shall comply with the requirements o fNFP All 0 for I eve I 1 systems. C. Performance Voltage regulation shall be +/- 0.5 percent for any constant load between no load and rated load. Random voltage variation with any steady load from no load to full load shalll10t exceed +/- 0.5 percent. 1>2. Frequency regulation shall be isochronousrrom steady state no load to steady state rated load. Randomrrequency variation with any steady load from no load to full load shall not exceed plus or minus 0.25%. 3. The natural gas engine-generator set shall be capable of single step load pick up of 100% nameplate kW and power factor, less applicable derating factors, with the engine-generator set at operating temperature. D. Engine PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES 1623 I - 2 The engine shall be natural gas, radiator and fan cooled. The horsepower rating of the engine at its minimum tolerance level shall be sufficient to drive the alternator and all connected accessories. Engine accessories and features shall include: a. An electronic governor system shall provide automatic isochronous frequency regulation. b. Skid-mounted radiator and cooling system rated for full load operation in 104 degrees F ambient as measured at the generator air inlet. Radiator shall be provided with a duct adapter flange. The cooling system shall be filled with 50/50 ethylene glycol/water mixture by the equipment supplier. Rotating parts shall be guarded against accidental contact per OSHA requirements. c. An electric starter(s) capable of three complete cranking cycles without overheating. d. Positive displacement, mechanical, full pressure, lubrication oil pump. Full flow lubrication oil filters with replaceable spin-on canister elements and dipstick oil level indicator. An engine driven, mechanical, positive displacement fuel pump. Fuel filter with replaceable spin-on canister element. g. Replaceable dry element air cleaner with restriction indicator. h. Flexible supply and return fuel Jines. Engine mounted battery charging alternator, 45 ampere minimum, and solid-state voltage regulator. ; E. AC Generator The AC generator shall be; synchronous, four pole, revolving field, drip-proof construction, single prelubricated sealed bearing, air cooled by' a direct drive centrifugal blower fan, and directly connected to the engine with flexible drive disc. All insulation system components shall meet NEMA MG I temperature limits for Class H insulation system. 2. The generator shall be capable of delivering rated output (kV A) at rated frequency and power factor, at any voltage not more than 5 percent above or below rated voltage. F. Generator Set Control The generator set. shall be provided with a microprocessor-based control system, which is designed to provide automatic starting, monitoring, and control functions for the generator set. The control system shall also be designed to allow local monitoring and control of the generator set, and remote monitoring and control as described in this specification. The control shall be mounted on the generator set. The control shall be vibration isolated and prototype tested to verifY the durability of all components in the system under the vibration conditions encountered. All switches, lamps and meters shall be oil-tight and dust-tight, and the enclosure door shall be gasketed. There shall be no exposed points in the control (with the door open) that operate in excess of 50 volts. The generator set mounted control shall include the following features and functions: Three position control switch labeled RUN/OFF/AUTO. In the RUN position the generator set shall automatically start, and accelerate to rated speed and voltage. In the OFF position the generator set shall immediately stop, bypassing all time delays. In the AUTO position the generator set shall be ready to accept a signal from a remote device to stali and accelerate to rated speed and voltage. b. Red "mushroom-head" push-button EMERGENCY STOP switch. Depressing the emergency stop switch shall cause the generator set to immediately shut down, and be locked out from automatic restarting. PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES 1 623 1 - 3 Generator Set Alarm and Status Message Display: The generator set shall be provided with alarm and status indicating lamps to indicate non-automatic generator status, and existing alarm and shutdown conditions. The lamps shall be high-intensity LED type. The lamp condition shall be clearly apparent under bright room lighting conditions. The generator set control shall indicate the existence of the following alann and shutdown conditions on a digital display panel: low oil pressure (alarm) low oil pressure (shutdown) oil pressure sender failure (alarm) low coolant temperature (alarm) high coolant temperature (alarm) high coolant temperature (shutdown) engine temperature sender failure (alarm) low coolant level (alarm or shutdown--selectable) fail to crank (shutdown) overcrank (shutdown) overspeed (shutdown) low DC voltage (alarm) high DC voltage (alarm) weak battery (alarm) low fuel-day tank (alarm) high AC voltage (shutdown) low AC voltage (shutdown) under frequency (shutdown) over current (warning) over current (shutdown) short circuit (shutdown) over load (alarm) emergency stop (shutdown) 2. Engine Status Monitoring; The following information shall be available from a digital status panel on the generator set control; engine oil pressure (psi or kPA) ii. engine coolant temperature (degrees F or C) iii. engine oil temperature (degrees F or C) iv. engine speed (rpm) v. number of hours of operation (hours) vi. number of start attempts vii. battery voltage (DC volts) 3. Control Functions: The control system provided shall include a cycle cranking system, which allows for user selected crank time, rest time, and # of cycles. Initial settings shall be for 3 cranking periods of 15 seconds each, with 15 second rest period between cranking periods. b. The control system shall include an idle mode control, which allows the engine to run in idle mode in the RUN position only. In this mode, the alternator excitation system shall be disabled. The control system shall include an engine governor control, which functions to provide steady state frequency regulation as noted elsewhere in this specification. The governor PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES ] 6231 - 4 control shall include adjustments for gain, damping, and a ramping function to control engine speed and limit exhaust smoke while the unit is starting. The governor control shall be suitable for use in paralleling applications without component changes. d. The control system shall, include time delay start (adjustable 0-300 seconds) and time delay stop (adjustable 0-600 seconds) functions. The control system shall include sender failure monitoring logic for speed sensing, oil pressure, and engine temperature which is capable of discriminating between failed sender or wiring components, and an actual failure conditions. 4. Alternator Control Functions: The generator set shall include an automatic voltage regulation system which is matched and prototype tested with the governing system provided. It shall be immune from misoperation due to load-induced voltage waveform distortion and provide a pulse width modulated output to the alternator exciter. The voltage regulation system shall be equipped with three-phase RlvlS sensing and shall control buildup of AC generator voltage to provide a linear rise and I imit overshoot. The system shall include a torque-matching characteristic, which shall reduce output voltage in proportion to frequency below a threshold of 58 HZ. The voltage regulator shall include adjustments for gain, damping, and frequency roll-off. Adjustments shall be broad range, and made via digital raise-lower switches, with an alpha-numeric LED readout to indicate setting level. b. The voltage regulation system shall include provisions for reactive load sharing and electronic voltage matching for paralleling applications. Motorized voltage adjust pot is not acceptable for voltage matching. : Controls shall be provided to monitor the output current of the generator set and initiate an alarm when load current exceeds I] 0% of the rated current of the generator set on any phase for more than 60 seconds. The controls shall shut down and lock out the generator set when output current level approaches the thermal damage point ofthe alternator. d. Controls shall be provided to monitor the KW load on the generator set, and initiate an alarm condition when total load on the generator set exceeds the generator set rating for in excess of 5 seconds. Controls shall include a load shed control, to operate a set of dry contacts (for use in shedding customer load devices) when the generator set is overloaded. An AC over/under voltage monitoring system which responds only to true RlvlS voltage conditions shall be provided. The system shall initiate shutdown of the generator set when alternator output voltage exceeds 110% of the operator-set voltage level for more than I 0 seconds, or with no intentional delay when voltage exceeds 130%. Under voltage shutdown shall occLlr when the output voltage of the alternator is less than 85% for more than 10 seconds. g. A battery monitoring system shall be provided which initiates alarms when the DC control and starting voltage is less than IOVDC or more than 16 VDC. During engine starting, the low voltage limit shall be disabled, and if DC voltage drops to less than 7 volts for more than two seconds a "weak battery" alarm shall be initiated. G. Base The engine-generator set shall be mounted on a heavy duty steel base to maintain alignment between components. The base shall incorporate a battery tray with hold-down clamps within the rails. H. Generator set auxiliary equipment and accessories Vibration ]solation Vibration isolators, spring/pad type, quantity as recommended by the generator set manufacturer. ]solators shall include seismic restraints. PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES ] 623] - 5 2. Exhaust Silencer Exhaust muffler shall be provided for each engine, size and type as recommended by the generator set manufacturer. The mufflers shall be critical grade. Exhaust system shall be installed according to the generator set manufacturers recommendations and applicable codes and standards. 3. Starting and Control Batteries Starting battery bank, calcium/lead antimony type, 24 volt DC, sized as recommended by the generator set manufacturer, shall be supplied for each generator set with battery cables and connectors. 4. Natural Gas Connector Provide a 1" diameter flexible connection for incoming gas line. 5. Overall Sound Level The generator shall generate an average of66.3 dB or less as measured at 21 feet from the center of the unit. The calculation shall consist ofa minimum of eight (8) measurements at 450 increments around the unit in an open area. The measurements shall then be averaged. b. Provide documentation demonstrating the generator meets this sound level requirement. Generator set main circuit breaker Generator main circuit breaker: set-mounted and wired, UL listed, molded case type with electronic trip unit, sized as indicated on the drawings, 3 pole, 600 volts. Submittals shall demonstrate that the circuit breaker provides proper protection for the alternator by a comparison of the trip characteristic of the breaker with the thermal damage characteristic of the alternator. Field circuit breakers shall not be acceptable for generator overcurrent protection. Remote annunciator Provide and install a 20-light LED remote alarm annunciator with horn, located as shown on the drawings or in a location which can be conveniently monitored by facility personnel. The remote annunciator shall provide all the audible and visual alarms called for by NFPA Standard 110 for level I systems; and in addition shall provide indications for high battery voltage, low battery voltage, loss of normal power to the charger. Spare lamps shall be provided to allow future addition of other alarm and status functions to the annunciator. Provisions for labeling of the annunciator in a fashion consistent with the specified functions shall be provided. Alarm silence and lamp test switch(es) shall be provided. LED lamps shall be replaceable, and indicating lamp color shall be capable of changes needed for specific application requirements. Alarm horn shall be switchable for all annunciation points. Alarm horn (when switched on) shall sound for first fault, and all subsequent faults, regardless of whether first fault has been cleared, in compliance with NFP A II 0 3-5.6.2. K. Enc1soure Provide generator with standard weatherproof housing. TRANSFER SWITCH EQUIPMENT PACKAGED ENGINE GENERA TORS AND TRANSFER SWfTCHES 1623 I - 6 A. Provide complete factory assembled transfer equipment with electronic controls designed for surge voltage isolation, and including voltage sensors on all phases of both sources, linear operator, permanently attached manual handles, positive mechanical and electrical interlocking, and mechanically held contacts. B. Transfer Switch Ratings: Refer to the project drawings for specifications on the sizes and types of transfer switch equipment, withstand and closing ratings, number of poles, voltage and ampere ratings, enclosures, and accessories. C. All transfer switches and accessories shall be UL listed and labeled, tested per UL Standard 1008, and CSA Approved. D. Main contacts shall be rated for 600 Volts AC minimum. E. Transfer switches shall be rated to carry 100 percent of rated CllITent continuously in the enclosure, in ambient temperatures of -40 to +50 degrees C, relative humidity up to 95% (non-condensing), and altitudes up to 10,000 feet (3000M). F. Transfer switch equipment shall have a withstand and closing rating (WCR) in RMS symmetrical amperes greater than the available fault currents. The transfer switch and its upstream protection shall be coordinated. The transfer switch shall be third-party listed and labeled for use with the specific protective device(s) installed in the application. G. Construction: Transfer switches shall be double-throw, electrically and mechanically interlocked, and mechanically held in both positions. 2. Transfer switches rated through 1000 amperes shall be equipped with permanently attached manual operating handles and quick-break, quick-make over-center contact mechanisms suitable for safe manual operation under load. 3. Main switch contacts shall be high-pressure silver alloy. Contact assemblies shall have arc chutes for positive arc extinguishing. Arc chutes shall have insulating covers to prevent interphase flashover. Provide one set Form C auxiliary contacts on both sides, operated by transfer switch position, rated 10 amps 250 V AC. 4. Transfer switches designated on the drawings as 4-poles shall be provided with a switched neutral pole. The neutral pole shall be of the same construction and have the same ratings as the phase poles. All poles shall be switched simultaneously using a common crossbar. Equipment using add-on accessory overlapping contacts are not acceptable. 5. Transfer switches which are designated on the drawings as 3-pole shall be provided with a neutral bus and lugs, sized to carry 100% of the current designated on the switch rating. 6. Enclosures shall be UL listed. The enclosure shall provide NEC wire bend space. The cabinet door shall be key-locking. Controls on cabinet door shall be key-operated. 7. Transfer switches shall be mounted in NEMA 'I' enclosures. The cabinet shall provide required wire bend space. Manual operating handles and all control switches (other than key-operated switches) shall be accessible to authorized personnel only by opening the key-locking cabinet door. H. Automatic Controls: Transfer switches shall be provided with a fully automatic control system, and provisions for manual operation as described in this section. 2. Control shall be solid-state and designed for a high level of immunity to power line surges and transients, demonstrated by test to IEEE Standard 587-1980. The control shall have optically isolated logic inputs, high isolation transformers for AC inputs, and relays on all outputs. PACKAGED ENGrNE GENERATORS AND TRANSFER SWlTCHES 16231 - 7 3. Solid-state undervoltage sensors shall simultaneously monitor all phases of both sources. Pick-up and drop-out settings shall be adjustable. Voltage sensors shall allow for adjustment to sense partial loss of voltage on any phase. Voltage sensors shall have field calibration of actual supply voltage to nominal system voltage. 4. Provide Phase Sequence Monitor and Balance module to protect against inadvertent phase rotation hookup and monitor for voltage phase imbalance between phases. 5. The switch shall transfer when the emergency source reaches the set point voltage and frequency. Provide a solid-state time delay on transfer, adjustable from 0 to 120 seconds. 6. The switch shall retransfer the load to the normal source after a time delay retransfer, adjustable from 0 to 30 minutes. Retransfer time delay shall be immediately bypassed if the emergency power source fails. 7. Controls shall signal the engine-generator set to stop after a time delay, adjustable from 0 to ] 0 minutes, beginning on return to the normal source. 8. Power for transfer operation shall be from the source to which the load is being transferred. 9. The control shall include latching diagnostic indicators to pinpoint the last successful step in the sequence of control functions, and to indicate the present status of the control functions in real time, as follows: a. Source 1 OK b. Start Gen Set c. Source 2 OK d. Transfer Timing e. Transfer Complete f. Retransfer Timing g. Retransfer Complete h. Timing for Stop [0. The control shall include remote transfer inhibit and area protection features. 11. Transfer switches shall be equipped with a field adjustable controls to allow the operator to control the transfer switch operating time during switching in both directions. The controls shall control the time the load is isolated from both power sources, to allow load residual voltage to decay before closure to the opposite source. The transfer switch operating speed control feature shall have an adjustable range of 0 to 7.5 seconds. Phase angle monitor is not acceptable substitute for this feature. Front Panel Devices: Provide devices mounted on cabinet front consisting of: A key-operated selector switch to provide the following positions and functions: b. Test - Simulates normal power loss to control for testing of generator set. Controls shall provide for a test with or without load transfer. c. Normal - Normal operating position. d. Retransfer - Momentary position to override retransfer time delay and cause immediate return to normal source, if available. Battery Charger: Provide a float charge battery charger rated 10 amps. DC output voltage shall be as required for the starting batteries. An ammeter shall display charging current. The battery charger shall have fused AC input and fused DC output. Include fault indications and Form C contact for AC Fail, f-ligh Battery Voltage, and Low Battery Voltage. K. Manual Selector Switch: Provide a manual/automatic retransfer selector switch to provide either automatic retransfer after the retransfer time delay, or a manual retransfer when selected by an operator. PART 3 - EXECUTION PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES 1623] - 8 INST ALLA TION A. Equipment shall be installed by the contractor in accordance with final submittals and contract documents. Installation shall comply with applicable state and local codes as required by the authority having jurisdiction. Install equipment in accordance with manufacturer's instructions and instructions inqluded in the listing or labeling ofUL listed products. B. Installation of equipment shall include furnishing and installing all interconnecting wiring between all major equipment provided for the on-site power system. The contractor shall also perform interconnecting wiring between equipment sections (when required), under the supervision of the equipment supplier. C. Equipment shall be installed on concrete housekeeping pads. Equipment shall be permanently fastened to the pad in accordance with manufacturer's instructions and seismic requirements ofthe site. D. Equipment shall be initially started and operated by representatives of the manufacturer. E. All equipment shall be physically inspected for damage. Scratches and other installation damage shall be repaired prior to final system testing. Equipment shall be thoroughly cleaned to remove all dirt and construction debris prior to final testing of the system. FACTORY TESTS A. Equipment supplied shall be fully tested at the factoI}' for function and performance. B. Factory testing may be witnessed by the owner. Supplier is responsible to provide two weeks notice for testing. C. Generator set factory tests on the equipment shall be performed at rated load and rated PF. Generator sets that have not been factory tested at rated PF will not be acceptable. Tests shall include: run at full load, maximum power, voltage regulation, transient and steady-state governing, single step load pickup, and function of safety shutdowns. D. Transfer equipment factory tests: Each transfer switch supplied shall be factory tested before shipment. Factory tests shall include a complete functional test of the transfer switch controls, including calibration of the voltage sensors. ON-SITE ACCEPTANCE TEST A. The complete installation shall be tested in accordance with Section 16040 following completion of all site work. Testing shall. be conducted by representatives of the manufacturer. The owner shall be notified in advance and shall have the option to witness the tests. TRAINING A. The equipment supplier shall provide training for the facility operating personnel covering operation and maintenance of the equipment provided. The training program shall be not less than 4 hours in duration and the class size shall be limited to 10 persons. Training date shall be coordinated with the owner. END OF SECTION 16231 PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES 16231 - 9 SECTION 16726 - PUBLIC ADDRESS SYSTEMS PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. ].2 SUMMARY A. This Section includes equipment for sound systems. 1.3 DEFINITIONS A. Channels: Separate parallel signal paths, from sources to loudspeakers or loudspeaker zones, with separate amplification and switching that permit selection between paths for speaker alternative program signals. B. Zone: A separate group of loudspeakers and associated supply wiring that may be arranged for selective switching between different channels. 1.4 PERFORMANCE REQUIREMENTS A. System Functions: Include the following: Reproducing high-quality sound that is freerrom noise and distortion at all loudspeakers at all times during equipment operation, including standby mode with inputs off; and outputrree from nonuniform coverage of ampl ified sound. L5 A. S. C. 1.6 A. B. SUBMITTALS Product Data: For each type of equipment. Shop Drawings: Detail equipment assemblies and indicate dimensions, weights, required clearances, method of field assembly, components, and location of each field connection. Include control panel layouts and wiring diagrams. Maintenance data. QUALITY ASSURANCE Installer Qualifications: An experienced installer who is an authorized representative of equipment manufacturer for both installation and maintenance of equipment required for this section. Electrical Components, Devices, and Accessories: Listed and labeled as defined in the NEC, Article] 00, by a testing agency acceptable to authorities having jurisdiction. PUBLIC ADDRESS SYSTEMS 16726- 1 e. Comply with the NEe. D. Comply with UL 50. PART2 - PRODUCTS _ 2.1 MANUFACTURERS A. Rauland, Atlas-Soundolier or approved equal. 2.2 EQUIPMENT A. Coordinate features to form an integrated system. Match components and interconnections for optimum perfol111ance of specifiednmctions. B. Equipment: Modular type, using solid.state components, fully rated for continuous duty, unless otherwise indicated. Select equipment for nOl111al operation on input power usually supplied at 110 to 130 V, 60 Hz. 2.3 COMPONENTS A. Volume Limiter/Compressor: Equip each zone with a volume limiter/compressor. Install in central equipment cabinet. Arrange to provide a constant input to power amplifiers. Frequency Response: 45 to 15,000 Hz, plus or minus 1 dB minimum. 2. Signal Reduction Ratio: At least a 10:1 and 5:1 selectable capability. 3. Distortion: I percent, maximum. 4. Rated Output Minimum of plus 14 dB. B. Cone. Type Loudspeakers: Comply with EIA SE-I 03. I. Minimum Axial Sensitivity: EIA pressure rating of 45 dB. 2. Frequency Response: Within plus or minus 3 dB from 50 to ] 5,000 Hz. 3. Size: 8 inches with I-inch voice coil and minimum 5.oz. ceramic magnet 4. Minimum Dispersion Angle: 100 degrees. 5. Rated Output Level: 10 w. 6. Matching TransfOlmer: Comply with EIA.160. Full.powerrated with four EIA standard taps. Maximum insertion loss of 0.5 dB. 7. Surface.Mounting Units: Ceiling, wall, or pendant mounting, as indicated, in steel back boxes, acoustically dampened. Front face of at least 0.0478-inch steel and whole assembly rust proofed and factol)' pa inted. PUBLIC ADDRESS SYSTEMS 16726- 2 8, Flush-Ceiling Mounting Units: In steel back boxes, acoustically dampened, Metal ceiling grille with baked, white-enamel finish, G. Horn-Type Loudspeakers: Comply with E]A SE-103. Type: Single-horn units, double-reentrant design, with minimum ti.IlI-range power rating of 15 W. 2. Matching Transformer; Comply with EIA-160. Full-power rated with four ErA standard taps, Maximum insertion loss of 0.5 dB. 3. Frequency Response: Within plus or minus 3 dB from 250 to ]2,000 Hz. 4. Dispersion Angle: 130 by 11 0 degrees, 5. Mounting: Integral bracket. 6. Units in Hazardous (Classified) Locations: Listed and labeled for the environment in which they are located, 7. Weatherproof locations: Listed and labeled for the environment in which they are located. H. Volume Attenuator Stations: Wall-plate-mounted autotransfonner type with paging priority feature. Wattage Rating: ]0 W, unless otherwise indicated. 2. Attenuation per Step: 3 dB, with positive off position, 3. Insertion Loss: 0.4 dB maximum. 4. Attenuation Bypass Relay: Single pole, double throw. Connected to operate and bypass attenuation when all-call, paging, program signal, or prerecorded message features are used. Relay returns to normal position at end of priority transmission. 5. Label: "Volume ControL" Cable and Conductors: Jacketed, twisted-pair and twisted-multipair, untinned, solid-copper conductors. Insulation for Wire in Conduit: Thermoplastic, not less than 1/32 inch thick. PART 3 - EXECUTION 3.1 INSTALLATION A. Install equipment to comply with manufacturer's written instructions. B. Wiring Method: Install wiring in raceway except within consoles, desks, and counters. Conceal cable and raceway except in unfinished spaces. C. Wiring within Enclosures: Bundle, lace, and train conductors to terminal points with no excess, Use lacing bars in cabinets. D. Control-Circuit Wiring: Install number and size of conductors as recommended by system manufacturer for control functions indicated. PUBLIC ADDRESS SYSTEMS 16726- 3 E. Separation of Wires: Separate speaker-microphone, line-level, speaker-level, and power wiring mns. Install in separate raceways or, where exposed or in same enclosure, separate conductors at least 12 inches for speaker microphones and adjacent parallel power and telephone wiring. Separate other intercommunication equipment conductors as recommended by equipment manufacturer. F. Splices, Taps, and Terminations: Make splices, taps, and terminations on numbered terminal strips injunction, pull, and outlet boxes; terminal cabinets; and equipment enclosures. G. Match input and output impedances and signal levels at signal interfaces. Provide matching networks where required. H. Identification of Conductors and Cables: Color-code conductors and apply wire and cable marking tape to designate wires and cables to identify media in coordination with system wiring diagrams. Wall-Mounting Outlets: Flush mounted. Conductor Sizing: Unless otherwise indicated, size speaker circuit conductors from racks to loudspeaker outlets not smaller than No. 18 A WG and conductors from microphone receptacles to amplifiers not smaller than No. 22 A WG. K. L. 3.2 A. B. 3.3 A. B. Weatherproof Equipment: Install units that are mounted outdoors, in damp locations, or where exposed to weather consistent with requirements of weatherproof rating. Line Matching Transformer Connections: Make initial connections using tap settings indicated on Drawings. GROUNDING Ground cable shields and equipment to eliminate shock hazard and to minimize ground loops, common-mode returns, noise pickup, cross talk, and other impairments. Signal Ground Terminal: Locate at main equipment cabinet. Isolaterrom power system and equipment grounding. FIELD QUALITY CONTROL Operational Test: Perform tests that include originating program and page material at microphone outlets, preamplifier program inputs, and other inputs. Verify proper routing and volume levels and freedom from noise and distortion. Correct deficiencies and retest, if required. Inspection: VerifY that units and controls are properly labeled and interconnecting wires and terminals are identified. Prepare a list of final tap settings of paging speaker-line matching transfonners. END OF SECTION 16726 PUBLIC ADDRESS SYSTEMS 16726- 4 CITY OF MERIDIAN MERIDIAN FIRE DEPARTMENT EAGLE ROAD STATION MERIDIAN, IDAHO NOTICE TO PROCEED TO: Ms. Susan Record CFO/Secretarv RSCI 1854 E. Lanark Meridian Idaho 83642 DATE: 8 AUlrust 2005 You are hereby notified to commence WORK in accordance with the Agreement dated 8 August 2005 on or before 15 August 2005 and you are to complete the WORK within~consecutive calendar days thereafter. The date of completion of all WORK is therefore 11 Januarv 2006. eceipt of the above NOTICE TO PROCEED is hereby acknowledged by RSCI. this the ! (, ~ day of A I!Jv s I- , 2005. By L t/ Susan ~ord Title CFO/Secretarv August 19,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 23, 2005 ITEM NO. 5~G REQUEST Award of Bid for Meridian Settler's Park Ustick Road Improvements to Hillside Landscape Contractors AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached / Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo To: CC: From: Date: Re: Meridian Parks & Recrea~on City of Meridian City Clerk Office Will Berg Mayor and City Council tJ. Doug Strong A)trt-~~U August 18,2005 Meridian Settler's Park - Ustick Road Improvements Project The Parks and Recreation Department respectfully requests the following item to be placed on the August 23, 2005 City Council agenda, under Consent Agenda, for Council's consideration: Meridian Settler's Park - Ustick Road ImDrovements: Two bids were received for this project as summarized below. · Hillside Landscape Contractors .......................................................................$224,603.00 . American Paving Company ............................................................................$311 ,930.00 The project consists of but not limited to: earthwork, street improvements, utilities, landscape and irrigation. Recommended Council Action: The Parks and Recreation Deparbnent and The Land Group, Inc. recommends that City Council approve the contract for Meridian Settler's Park - Ustick Road Improvements with Hillside Landscape Contractors, for $224,603.00 and authorize the Mayor to sign it. Supporting documentation attached. Thank you for your consideration. Please contact me if you have any questions regarding the bids. ~~~ ...~ . ~ .~ ~ THE LAND GROUP, INC. August 18, 2005 Doug Strong City of Meridian Parks Director 11 West Bower Street Meridian, Idaho 83642 Dear Doug: We are excited to notify the City of Meridian of the list of contractors bidding on the Meridian Settler's Park-Ustick Road Improvements Project. The following is a list of general contractors and their bid costs. Project: Meridian Settler's Park-Ustick Road Improvements Bid Opening: August 17,2005 at 3:00 pm Bidder: Hillside Landscape American Paving Contractors Proposal Properly x x Completed and Signed General Information x x Required of Bidders Bid Amount: $224,603.00 $311,930.00 After reviewing the bids and the forms, we suggest to the City of Meridian to award the project to the apparent low bidder, Hillside Landscape Construction, Boise, Idaho. Sincerely, ~o~ The Land~, Inc. , UJ/iUCtlPC An:hil<</m? . SilE Pld//J/tJ'8, . Ciuil ElIJimtring . Golf CO/1m Iniga/iM & EJlj!,iflmiflt . Gmphfc CO""hm,fm/;olf 462 E. Shore Drive; Stt. 100, fuglc, Idaho 83616. P 208.939.4041 F 208.939.4445 · www.thdandg>:oupioc.com Page 1 of 1 Will Berg From: David Koga [david@theJandgroupinc.com] Sent: Thursday, August 18, 2005 10:36 AM To: Doug Strong; bergw@meridiancity.org Subject: Ustick Road Improvements Attachments: bid award.pdf Doug and Bill Attached is our bid award letter for City Council. Let me know if you need anything else David David Koga, Principal 462 E. Shore Drive, suite 100 Eagle, ill 83616 ph. 208-939-4041 ext. 101 fax 208-939-4445 email.david@thelandgroupinc.com 8/18/2005 ~~~ "'AII;i . ~ It~ ~ THE LAND GltOUP, INC. August 18, 2005 Doug Strong City of Meridian Parks Director 11 West Bower Street Meridian, Idaho 83642 Dear Doug: Weare excited to notify the City of Meridian of the list of contractors bidding on the Meridian Settler's Park-Ustick Road Improvements Project. The following is a list of general contractors and their bid costs. Project: Meridian Settler's Park-Ustick Road Improvements Bid Opening: August 17,2005 at 3:00 pm Bidder: Hillside Landscape American Paving Contractors Proposal Properly x x Completed and Signed General Information x x Required of Bidders Bid Amount: $224,603.00 $311,930.00 After reviewing the bids and the forms, we suggest to the City of Meridian to award the project to the apparent low bidder, Hillside Landscape Construction, Boise, Idaho. Sincerely, GJoL The Land~, Inc, , L'(1Iirlscope Al'(bilcdll/~ It Site Plalwhig It Civil Blighlmill!, It Go!!CollrJe Iniga/ioll & ElJgi!1wilig It Graphic COIllJltlwicnlio!1 462 E. Shocc Drive, Ste. 100, Eagle, Idaho 83616 .. P 208.939.4041 F 208.939.4445 .. www.thclandgroupinc.com t' '{. ~ ~ J ~~ '-" ~ ~ ~.~ ~ ~.. ~ I~ ~ ~ ~, ~ ~ ~ ~ ** TX CONF I RMAT ION REPORT *>l< DATE T] ME TO/FROM 01 1218/18 1219: 38 3224515 -1- ~ }. ~ ~ ~ ~ ~ .~ ~ ~ ~ ~~ ! ~ I~ ~ ~ :i "0 '"0 i:D -g .:.: iIi Z 0. ::::> E 0 o :E o t:: tn <C ::>-. .2 CD 0 ~ ~~ m ~ ~~ ~aiie o .~ Qi '5 eo; ~ gJ Q Q3 (') 0:: I (9 z ~z ULu LUCL. -:10 ~Q o...r;o AS OF AUG 18 '1215 09; 39 PAGE. 1211 CITY OF MERIDIAN MODE M I N/SEC PGS CMDI:I STATUS EC--S 121121' 2121" 1211211 195 OK r ~ ~ ~ '* ~ ~ c::, ~ ~ t'\.\ ....... ~ 1'\1 ~ C't.." '\t- '" \'<\ ~ I.'-.. ~ ~ ~ ~ -t \\ ~ ~ ~ -< ~ '::::\ \J ~ ~ ~" ~ \:) ~ N ~ ~ "0 "D in "0 ll.l ~ a.. E a o LJ U ~ i' .~ g- CC Q:: c yg-g~U) ~.~~~ 2"'.Eu O-t"dEiij ('... ~ \'\.. N '\ ~ ~ \;) \S;l <:q ~ \'-. t\(\ ~ ~ <:;--' \"... \\) () "'- ~ ........ ~ ~ ~' lr\ ~ ~ -h ~ ~ I ~ "l -~ N\ % ~ \'\l ~ \tJ ~ ~ IV\ (V) ~ M \.n "} ~ t'>J ~ Z :::J o ~ <:( Cl CD ~ ..t: ~ ~ ,~ --.::::: t'i) ~ 'J ~ c-J ~ \;'......... ~ '-..... '\) ~ " '*\ 1 ~ ~ l~ lQ ~~ ~~ ~ ( ~ ~ ~ ~ ----- .......... '~ ........... ~ ~ .~ ~ ~J \ ~ ~ ~ \V\ /$ '% ~ ~" z .~ " _l; ~ \\--- '- ~ N ~ ~ ~ ~ ~ '\} ,~ ~ ~ "0 ~ (l) "'0 (0 Z "'0 :;) ~ a:i 0. 0 E ~ ~ 0 c::( () c '" >. o L..- a .- CD ~ ~~ ffi d a. 0 ,-CD z rt '2'0 ~z ~~~~ OUJ wa.. a,~ ~'3 """')0 ~Q 2 C/) IV <D a..ro CL0l30c:: - CD "0 .=..: ill u CD z u :J m 0.. a 0 E ~ 0 "'0 <( 0 ~ >. 'S C ~ 0- m 0.. (l) 0 a:: a: c - TI .~ co Q) men C1'J c: E CD 8..QJ L-u 00') .E-o 0:03 .f:CIi ~l ~ ~ ~' ~ ~ INVITATION TO BID CITY OF MERIDIAN Meridian Settler's Park - Ustick Road Improvements Sealed Bids for MERIDIAN SETTLER'S PARK - USTICK ROAD IMPROVEMENTS will be received by the City Clerk of the City of Meridian, Ada County, Idaho, the Owner, at the Meridian City Hall located a 33 East Idaho Avenue, Meridian, Idaho 83642, untIl 3:00 p.m., prevailing local time, Thursday, August 18, 2005, and then publicly opened and read aloud. The work includes, but is not limited to: earthwork, street improvements, utilities, landscape and irrigation. All work associated with the above will also need to be Included. Copies of the Contract Documents may be obtained at The Land Group Inc. at 462 E. Shore Drive, SUIte 100, Eagle, Idaho 83616, July 28, 2005 upon payment of $35.00 (refundable) for each set. Complete sets of Drawings and Project Manuals are on file at the following locations for subcontractors to examine them: Associated General Contractors 110 N. 27th Street Boise, [D 83702 The Land Group, Inc. 462 E. Shore Drive, Suite 100 Eag[e, ID 83616 (208) 939-4041 fax 939-4445 Intermountain Contractor j FW Dodge 110 N. 2yth Street Boise, ID 83702 Bids must be submitted on the prescribed form and each Bidder must include a Bid Security in the amount, form and subject to the conditions provided in the Information for Bidders. A Pre Bid conference will be held on site (3245 N. Meridian Road, northwest comer of Ustick and Meridian Road, Meridian, Idaho) Thursday, August 4th. 2005 at 3:00 p.m. The City of Meridian reserves the right to waive any informalities or to reject any or all Bids and to postpone the award of the Contract not more than sixty days from the bid opening date, and to award the contract, if awarded, based on the best interests of the City. Questions during bidding shall be directed to David Koga or Jon Breckon, The Land Group, Inc., at (208) 939-4041. No Bidder may withdraw his Bid within sixty (60) days after the date of the opening thereof. Dated this 22nd day of July, 2005. Tammy de Weerd, Mayor Attest: William G. Berg, Jr., City Clerk August 19,2005 Department Reports MERIDIAN CITY COUNCIL MEETING August 23, 2005 APPLICANT Planning Dept. - Brad Hawkins-Clark ITEM NO. REQUEST Presentation of DEQ Brownfield Application 6-A-' AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATfORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ,to ~I~ ~rvI~ ~ ;vA,fb 1~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Tara Green From: Brad Hawkins-Clark [hawkinsb@meridiancity.org] Sent: Wednesday, August 17, 2005 3:11 PM To: 'Will Berg'; 'Tara Green' Subject: FW: Assessment Grant Documents Follow Up Flag: Follow up Flag Status: Green WillI Tara, Please see the recommendation below from DEQ. They are recommending some additional language for Tuesday's agenda, under the EPA brownfield application. Can this change be made? Thanks, Brad From: Aaron .Scheff@deq.idaho.gov [mailto :Aaron .scheff@deq.idaho.gov] Sent: Wednesday, August 17, 2005 2:27 PM To: hawkinsb@meridiancity.org Subject: RE: Assessment Grant Documents I will be there. Also, I have the following suggestion; keeping the public notice element in mind, try to insert language on to the agenda that indicates the City is considering applying for the area wide assessment grant for hazardous waste and petroleum....if possible. See you Tuesday. Aaron Scheff Brownfields Program Specialist IDEQ, Boise Regional Office 1445 N. Orchard Sf. Boise, Idaho 83706 Tel: 208-373-0420 Fax: 208-373-0287 email: aaron.scheff@deq.idaho.gov Brownfields Web Site: http://www.deq.idaho.gov/applications/brownfields From: Brad Hawkins-Clark [mailto:hawkinsb@meridiancity.org] Sent: Wednesday, August 17, 2005 2: 12 PM To: Aaron Scheff Subject: RE: Assessment Grant Documents Aaron, Great. The meeting will be in council chambers (same place the MDC meeting was held). It starts at 7:00pm but this item wiJJ probably not start until at least 7:15 or later. I haven't seen a final agenda yet. Brad From: Aaron.Scheff@deq.idaho.gov [mailto: Aaron .Scheff@deq.idaho.gov] Sent: Wednesday, August 17, 2005 1:34 PM To: hawkinsb@meridiancity.erg 8/19/2005 Subject: RE: Assessment Grant Documents Brad, I am available. Just let me know when and where. Good news for the council.. .on this grant there is no match requirement. Some staff time will be devoted to grant writing on the front end and then work plan development, letting an RFP for consultants, grant management and reporting if the grant is awarded. Maybe 100-120 hours of staff time total, depending on how much or little you use the consultant and DEQ. Aaron Scheff Brownfields Program Specialist IDEQ, Boise Regional Office 1445 N. Orchard S1. Boise, Idaho 83706 Tel: 208-373-0420 Fax: 208-373-0287 email: aaron.scheff@deq.idaho.gov Brownfields Web Site: http://www.deq,idaho.gov/applications/brownfields From: Brad Hawkins-Clark [mailto:hawkinsb@meridiancity.org] Sent: WedneSday, August 17, 2005 10:07 AM To: Aaron Scheff SUbject: RE: Assessment Grant Documents Aaron, Thanks for the info. I am on the City Council agenda (as a department report) next Tuesday, 8/23, at 7:00pm. The purpose will be to inform the City Council of MDC's action to support the City as lead applicant and to give them an overview of the application. If you're available, it would be great to have you attend and give highlights of the process (10 minutes max.). The council will be especially interested in any financial match or other commitments they may need to budget for. Please let me know if you're available and/or if you have other suggestions for this discussion with council. Thanks, Brad From: Aaron.Scheff@deq.idaho.gov [mailto: Aaron .Scheff@deq.idaho.gov] Sent: Tuesday, August 16, 20053:28 PM To: hawkinsb@meridiancity.org Subject: Assessment Grant Documents Brad, Attached are copies of the CCDC hazardous waste assessment grant application, EPA's comments on that application, and the work plan for their successful petroleum assessment grant (to give you an idea of the paperwork required to actually reach a cooperative agreement with EPA - post award). I believe I provided a hard copy of their successful petroleum grant, which was nearly identical to the hazardous grant application. When do you think this matter will come before the council for a vote? Please let me know if you would like me to come over and pitch the idea with you. Again, I will be on vacation from 9/5-9/19. I look forward to hearing from you and working with you on this application. Aaron Scheff Brownfields Program Specialist 8/1912005 IDEQ. Boise Regional Office 1445 N. Orchard St. Boise, Idaho 83706 Tel: 208-373-0420 Fax: 208-373-0287 email: aaron.scheff@deq.idaho.gov Brownfields Web Site: http://www.deq.idaho.gov/applications/brownfields 8/1912005 EPA Assessment Grant Background Information Assessment grants provide funding for a grant recipient to inventory, characterize, assess, and conduct planning and community involvement related to brownfield sites. An eligible entity may apply for up to $200,000 to assess a site contaminated by hazardous substances, pollutants, or contaminants (including hazardous substances co-mingled with petroleum) and up to $200,000 to address a site contaminated by petroleum. Applicants may seek a waiver of the $200,000 limit and request up to $350,000 for a site contaminated by hazardous substances, pollutants, or contaminants and up to $350,000 to assess a site contaminated by petroleum. Such waivers must be based on the anticipated level of hazardous substances, pollutants, or contaminants (including hazardous substances co-mingled with petroleum) at a single site. Total grant fund requests should not exceed a total of $400,000 unless such a waiver is requested. Due to budget limitations, no entity may apply for more than $700,000 in assessment funding. The performance period for these grants is two years. EPA provides for Areawide Assessments where the City can apply to assess multiple properties within a defined area. Capital City Development Corp in Boise was awarded a $200,000 Brownfield Petroleum Assessment Grant from EPA last year. They are using the money to identify underused, potentially contaminated properties within their urban renewal districts. They work with willing landowners and, if necessary, design cleanup strategies so the properties can be redeveloped. The MDC Board of Directors supports the CIty and is willing to participate in a similar application where key properties, especially along the UPRR corridor and In Old Town, would be assessed for any potential environmental contamination. August 19,2005 Department Reports MERIDIAN CITY COUNCIL MEETING August 23, 2005 APPLICANT City Attorney - Bill Nary ITEM NO. 6-B-1 REQUEST Citizen's Compensation Review Committee Recommendation AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aHached tS~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meel1ngs shall become property of ltIe City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE CREATING A NEW TITLE 1, CHAPTER 7, SECTION 9 OF THE MERIDIAN CITY CODE PROVIDING FOR CITY COUNCIL COMPENSATION AND PROVIDING FOR A CITIZEN'S REVIEW COMMITTEE TO PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL FOR FUTURE COMPENSATION OF THE MAYOR AND c;ITY COUNCIL; AND PROVIDING FOR A SUMMARY; AND PROVIDINQFOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFE(QTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN~ IDAHO: Section 1. Pursuant to Idaho Code Titl~~8;Chapter 2, Section 3 weYh,%eby amend the Meridian City Code to add Title 1, Chapter7,,;Section 9, pHhe Meridian CityCode as follows: 1-7-9 City Council Compensation: The alUlUal compensation of the members ofthe,@ityCoutlcnshall be as follows: A) 1. Each l1"1f~lJerb~~I~e City C?~w~iFshal1 receive an annual salary of eight thousallddollars ($~,OOO.OO);~ffective on and after January 1,2006. 2. Eaclil1l~l1"1ber~fth,~S~t)TCOUf1sn:,shall receive an annual salary of nine thousand (,iqlla,rs ($9,000,QQ);~ffective on and after January I, 2007. 3; SaIary:will be paid in equal monthly amounts. B) +r~ City Council~B~l1 receiVe the same employee benefits as all full time City employees;e~cept for the apcrual of vacation or sick leave, and any other benefits as directed by tht;:<:ity Council. C) A committe~?8rriprised of citizens, business leaders, and former elected officials of the City of Meridian shall be formed prior to the budget workshop during every year of a mayoral election to make recommendations for adjustments, increases, or decreases to compensation for the Mayor and City Council. The membership of the committee may be determined by the City Council with input from the Mayor. The City Council is not bound to fol1ow the recommendations from the Committee, but may use any feedback or recommendation as guidance for setting the budget for compensation Section 2. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. MAYOR AND CITY COUNCIL COMPENSATION - Page 1 of 3 PASSED by the City Council of the City of Meridian, Idaho, this _ day of , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of , 2005. APPROVED: MAYOR AND CITY COUNCIL COMPENSATION - Page 2 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. OS-_ PROVIDING FOR A NEW ORDINANCE FOR THE SETTING OF MAYOR AND CITY COUNCIL COMPENSATION An Ordinance of the City of Meridian adding Title I, Chapter 7, Section 9 of the Meridian City Code setting the compensation ofthe Mayor and 9ity Council and establishing a citizen's committee to review and provide rec0111ltl.endations on compensation for future Mayors and City Councils. A full text ofthis ordinance is available for inspectiAJJ.'a.fCit~tIall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effectiye upon the passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk: First Reading: Adopted after first readingb.y~uspensio119fth~RuleiasaUowed pursuant to Idaho Code 50-902: YES NO Second Reading-- - Third Reading: STATE,l\1,~,I'~T OF:M~.R:lDIANCI'I'):'.t\.TTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- [he undersigned',}Villia.m,k.M. Nary, City Attorney ofthe City of Meridian, Idaho,h~fFby certifies tha~he is the legal advisor ofthe City and has reviewed a copy of the attache4Rrdinance No.p5- of the City of Meridian, Idaho, and has found thes~rne to be,trlle and complete and provides adequate notice to the public pursuant to Idahq:~8~F:~:,50-901A (3). DATED this~ day of August, 2005. William. L.M. Nary City Attorney MAYOR AND CITY COUNCIL COMPENSATION - Page 3 of 3 August 19,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT City Attorney -- Bill Nary Department Reports August 23, 2005 ITEM NO. 6-8-2 REQUEST Proposed Ordinance for Mayor and City Council Compensation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ .{ n~ ')tOO J~' 1 ~Ol - tv ~ ~}O Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE CREATING A NEW TITLE 1, CHAPTER 6, SECTION 5 OF THE MERIDIAN CITY CODE PROVIDING FOR THE MAYOR'S SALARY AND COMPENSATION AND PROVIDING FOR A CITIZEN'S REVIEW COMMITTEE TO PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL FOR FUTURE COMPENSATION OF THE MAYOR AND c:ITY COUNCIL; AND PROVIDING FOR A SUMMARY; AND PROVIDIN'G,FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFE.Ol'IVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Pursuant to Idaho Code Titl~~q;Chapter 2, Section 3 weh.efeby amend the Meridian City Code to add Title 1, Chapter 6, Section 5, o.fthe Meridian City Code as follows: 1-5-4 Mayor Compensation: The annual compensation of the MayOrshallbeasfql1ows: A) 1. 2. 3. 4. 5. The M~Y8r.OfM:(;l~dian shalLf(;lseive an annual salary of fifty-seven thou~~nd; seven h~dred, anqfifty dollars ($57,750.00), effective on and after:'lanuary 1, 2006. The MaYo.f~h~llteceivea..fi.\~percent (5%) increase to the arumal salary ()11J,~ruaryl,tt006 for a total annual salary of sixty thousand, six hundred, and thi[fy-seve.t1c:Iollars ($60,637.00); The Mayor shall receive a five percent (5%) increase to the annual salary on January 1,2007 for a total annual salary of sixty-three thousand, six hundred, ariqsixty-nine dollars ($63,669.00); The~a.y,Or shall receive an annual salary of sixty-five thousand ($65,000.00), effective on and after January 1, 2008. Salary will be paid in equal monthly amounts. C) The Mayor shall receive the same employee benefits as any full time City employee, except for accrual of vacation or sick leave, and any other benefits as directed by the City Council. D) A committee of citizens of the City of Meridian shall be formed prior to the budget workshop during every year of a mayoral election to make recommendations for adjustments, increases, or decreases to compensation for the Mayor and City Council. MAYOR AND CITY COUNCIL COMPENSATION - Page I of3 The membership of the committee may be determined by the City Council with input from the Mayor. The City Council is not bound to follow the recommendations from the Committee, but may use any feedback or recommendation as guidance for setting the budget for compensation ATTEST: Section 2. That pursuant to the affirmative vote of one-half (1/2) plus of the Members of the full Council, the rule requiring two (2) separate readings and one (1) reading in full be, and the same is hereby, dispensed with, this Ordinance shall be in full force and effect upon its passage, PASSED by the City Council of the City , 2005. APPROVED by the Mayor of the City , 2005. MAYOR AND CITY COUNCIL COMPENSA nON - Page 2 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. OS-_ PROVIDING FOR A NEW ORDINANCE FOR THE SETTING OF MAYOR ANC CITY COUNCIL SALARIES An Ordinance of the City of Meridian adding Title 1, Chapter 6, Section 5 ofthe Meridian City Code setting the compensation of the Mayor and e~tablishing a citizen's committee to provide review and recommendations on compen#tion in the future. A full text of this ordinance is available for inspectio~,~t(iHty Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall besqme eff~stive upon the passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspensi6noftheRlll~,as aIlovY~4 pursuant to Idaho Code 50~902: YES NO Second Readin~ - Third Reading: ST A TEMENTO~~ERJ.J:).IANGITY A'rJORNEY AS TO ADEQUACY OF SUMMARYOFORDINANCENO. 05- The undersigri~d" WiIli~l1"1 L.M. Nary, City Attorney of the City of Meridian, Idahohrereby certifies tft~the is the, legal advisor of the City and has reviewed a copy of the attacr~d Ordinance No, ,05- ofthe City of Meridian, Idaho, and has foundth7~ame to be tl}l~ and complete and provides adequate notice to the public pursuant to Id~r8code<~,5P';'901A (3). DATED thisi< )< day of August, 2005. William. L.M. Nary City Attorney MAYOR AND CITY COUNCIL COMPENSA nON - Page 3 of 3 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION 4 OF THE MERIDIAN CITY CODE DELETING MAYOR AND COUNCIL SALARIES; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE '\. Eleeti. e Offieers: OF THE CITY OF BE IT ORDAINED BY THE MAYOR AND MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8, amended as follows: 1-8-4: SALARIES: 1. }faJer: The salay) effhe ffia)e,rfl~~llee flft) fl,e;t;meI:lSaa8 sellars ($55,000.00) flef ) ear, flU:' aBle at feHr the1:lsal1El}i. eh~fl~res eigflt);tlltee aellars thirt) fares eeats ($1,583.33) meathl). 2. Ce1:lFlsil: The s~I.~}efea~~meml3er~,fthee81:1l1eiFshallbe fi e ooa8res sellars ($500.00) per ffif)mTI, fla) a131e1fi8athlj. (QrEl. 9 1 $"25, ~ 1 2001, eff. 1 1 20(2) A. B. Appointive Offifnrs: Th~~al~Fi~,~Rfappd~ptive officers shall be set and fixed by the maY<?fand council}lnclshall be pai(lmpnthly. (Ord. 479, 5-5-1987, eff. 1-1-1988) B.G'.Rrpp!oyees: Sala~i~s ofCit)(employees shall be as set from time to time by the m(iyor and city counqil. (1999 Gode) Se'Ction 2. Thatpursuant to the affirmative vote of one-half (1/2) plus one (1) of the MembersClf thefUllCouncil, the rule requiring two (2) separate readings by title and one (1) readingiri full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this _ day of , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of , 2005. APPROVED: MAYOR AND CITY COUNCIL COMPENSATION - Page 1 of 3 MAYOR ATTEST: CITY CLERK MAYOR AND CITY COUNCIL COMPENSA nON - Page 2 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05-_ PROVIDING FOR A NEW ORDINANCE FOR THE SETTING OF MAYOR ANC CITY COUNCIL SALARIES An Ordinance of the City of Meridian adding Title 5, Chapter 1, Section 4 of the Meridian City Code setting the compensation of the Mayor and City Council and establishing a citizen's committee to provide review and reco1ll1liendations on compensation in the future. A full text of this ordinance is available for inspecti?p,afCitYI-Iall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shal1.become effect,iye upon the passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first readin~qxsuspensiOnqfth~Rulea~'Clllowed pursuant to Idaho Code 50-902: YES NO Second Reading- - Third Reading: STATE,J\tI.lJ:~T OF MlJ:l.UDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARYOF ORDINANCE NO. 05- 'J:'he undersigned,.)Villi~l1nhM. Nary, City Attorney of the City of Meridian, Idaho,h~ftby certifies that he is theJegal advisor of the City and has reviewed a copy of the attache4Rrdinance No.p5- ofthe City of Meridian, Idaho, and has found the~~rne to bett:'Ue and complete and provides adequate notice to the public pursuant to Idahq <::;0 de S'?O-901A (3). DATED this < day of August, 2005. William. L.M. Nary City Attorney MA YOR AND CITY COUNCIL COMPENSATION - Page 3 of 3 August 19, 2005 MERIDIAN CITY COUNCIL MEETING Department Reports August 23, 2005 ITEM NO. 6-0-1 APPLICANT City Council President - Shoun Wardle REQUEST Resolution - Ratifying the Council Action and Recommendation to the Ada County Highway District for a Downtown Meridian Traffic Plan AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached 401 ~q/ ~/ Contacted: Emaifed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. tJ 5 - -tf$ 7 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE COUNCIL ACTION AND RECOMMENDATION TO THE ADA COUNTY HIGHWAY DISTRICT FOR A DOWNTOWN MERIDIAN TRAFFIC PLAN AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to l.C. S 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good govenunent and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian and the Ada County Highway District (ACHD) jointly commissioned a study by the Hudson Company (Hudson) and Fehr & Peers (Fehr) to analyze and evaluate various transportation management options for Downtown Meridian using community, transportation, and fiscal priorities; and WHEREAS, four public workshops were held for the project on September 30, 2004, November 16, 2004, January 19, 2004, and May 18, 2005; and WHEREAS, after extensive review, analysis, and agency and public input a report detailing three finalist alternatives, with a preferred alternative, identified in the Plan as Alternative "c" and labeled the "split-corridor" was prepared and public comment was received; and WHEREAS, recommendations for the preferred alternative were provided by the public, the project steering committee, the Meridian Development Corporation (MDC), and the Meridian Chamber of Commerce; and WHEREAS, the City Council did accept the Downtown Meridian Transportation Management Plan as prepared jointly by Hudson and Fehr; WHEREAS, the City Council heard public testimony on the plan and the alternative transportation options on July 26,2005; and WHEREAS, the City Council recognizes that the recommended alternative comes with a higher cost than one of the finalist alternatives, but the preferred alternative will have a greatest benefit to all citizens in the County and would therefore be a wise investment of ACHD funds, and in harmony with the Ada County Highway District's policy to "develop cost effictive, efficient, and safe projects that are compatible with the terrain and adjacent development; " and DOWNTOWN TRANSPORTATION MANAGEMENT PLAN ALTERNATIVE AND RECOMMENDATION - Page 1 of 2 WHEREAS, after such hearings, the City Council, by fonnal motion, did recommend the alternative identified as the "split-corridor" option also labeled Alternative "C"; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the recommendation of the City Council ofthe City of Meridian is for the "Split Corridor" option as outlined in the Downtown Meridian Transportation Management Plan, dated June 2005. Section 2. The City Council of the City of Meridian does hereby recommend that the Ada County Highway District adopt the recommendation for the "Split Corridor" option as outlined in the Downtown Meridian Transportation Management Plan; dated June 2005. Section 3. The City Council ofthe City of Meridian does hereby recommend that the Ada County Highway District incorporate the "Split Corridor" option into its Capital Improvement Plan and its next five (5) year work plan. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2 3'!! day of /lu-tJhJt- ,2005. APPROVED by the Mayor of the City of Meridian; Idaho, this 2:5 r!! day of IJu-t'UJ 6- ,2005. DOWNTOWN TRANSPORTATION MANAGEMENT PLAN ALTERNATIVE AND RECOMMENDATION - Page 2 of2 BEFORE THE MERIDIAN CITY COUNCIL C/C August 23, 2005 IN THE MATTER OF THE APPLICATION FOR LYNN BROWN TO MODIFY THE APPORVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER LOCATED AT THE NORTHEAST CORNER OF VENABLE LANE AND WEST USTICK ROAD CASE NO. MI-OS-008 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICA TION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code S 12-3- 1. B to modify the approved development agreement for Cedar Springs Professional for Lynn Brown, and the Council finding that the Administrative Review is complete from Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning Department, dated: Hearing Date: August 23, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Lynn Brown, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO MODIFY THE APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER FOR LYNN BROWN (MI-05-008) Page 1 00 and City Council, from Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning Depmiment, dated: Hearing Date: August 23,2005, a hue and correct of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Central District Health Department, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The Record of Survey (ROS) upon which there is contained the certificate and signature ofthe City Engineer verifying that the drawing meets the City's requirements shall be signed only at such time as: 1. The ROS dimensions are approved by the City Engineer and; 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY 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 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO MODIFY THE APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER FOR LYNN BROWN (MI-OS-008) Page 2 of3 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 S 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the d"3 .--d day of AU9USb ,2005. By: Attest: By:JQl.\(ll1A ~ lU City Clerk's Office Dated: ct ~2.LD-OS ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO MODIFY THE APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER FOR LYNN BROWN (MI-05-008) Page 3 of3 MA YOR Tammy de Weerd CITY HALL (20&) &&&-4433 - Fax 8&7-4& 13 PUBLIC WORKS BUILDING DEPARTMENT (20&) 8&7-22 I I - Fax &9&-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donllell Shaull Wardle Charles M. Rountree PLANNING DEPARTMENT (20&) &&4-5533 - FAX &88-6854 MEMORANDUM: City Council Hearing Date: August 23, 2005 Transmittal Date: August 18, 2005 To: Mayor and City Council Brad Hawkins-Clark, Principal City Planner ~\\~ From: Subject: Cedar Springs Professional Center - Development Agreement Request for Miscellaneous Application to Modify Conditions in the Development Agreement for Cedar Springs Professional Center, by L)'lill A. Brown (File No. Ml-05-008) Staff has reviewed the above referenced submittal and offers the following comments: APPLICATION BACKGROUND & SUMMARY The applicant, Lynn A. Brown, has submitted a Miscellaneous Application (MI) to amend the recorded Development Agreement (First Addendum, Instrument #105058639) for the Cedar Springs Professional Center. The property is legally described as Block 25 of Cedar Springs Subdivision No.6 and is located at the northeast corner ofW. Ustick Road and N. Venable Lane. The original Development Agreement (DA) was entered into on May 6, 2002, as part of the Cedar Springs Subdivision annexation (File #AZ-00-019). A First Addendum to that DA was approved by City Council on May 3,2005, as part of the Cedar Springs Professional Center rezone and conditional use pelmit (File #RZ-03-013). This application is proposing a Second Addendum to the DA. Parties to the existing DA are Howell-Murdoch Development Corporation (represented by Kevin A. Howell) and the City of Meridian. Since the last DA was recorded, the subject property was soLd and is now under new ownership. The original DA (Instrument #102067381) restricted use of the property to single family residential only. It was restricted only because of the R-4 zoning approved with the annexation and rezone application. The purpose of the First Addendum earlier this year was to allow the new uses that were approved under the Cedar Springs Professional Office rezone MI-05-008 Exhibit "A" Page 1 (Neighborhood Commercial) and conditional use permit to be constructed in the subdivision (carwash, coffee stand/kiosk, fuel pumps and office). The purpose of this Second Addendum is to request a modification to two sections of the First Addendum regarding new land uses and hours of operation. Staff recommends aoproval of the aoplicant's request to amend the Development Agreement with modifications as proposed below. . OWNER OF RECORD The owner of record for the subject property is Robert W. Montgomery. He submitted notarized consent for the subject application to be submitted by Lynn A. Brown. STAFF ANALYSIS As noted, both the original DA and the First Addendum simply referenced land uses that were approved with the applications submitted with the annexation and rezone applications _ residential only for the original DA and a carwash, coffee kiosk and offices for the second DA. The use restrictions were included in the First Addendum at the request of the applicant, even though the C-N zone was approved and would have allowed a much broader range of uses without the DA. At the time, Howell Murdoch did not anticipate any other uses other than what the conditional use permit site plan showed and, therefore, did not oppose to the DA restrictions. Proposed Amendments C-Store: The new owner (Montgomery) is now proposing to remove a carwash bay on the south end of the carwash structure to construct a convenience store (approx. 1,800 sq. ft.). The building square footage, parking, fuel pumps, vacuums locations and most other site plan features would remain as approved under the CUP application. All subdivision infrastructure improvements are already constructed. As proposed, the DA amendment would affect all five lots (the carwash/kiosk lot and the four office lots) and, unless modified, would allow all lots to have C-stores and 24-hour operations. Staff's understanding from the applicant, though, is that the C-store is currently only proposed on Lot 1, Block 25 and they are not seeking to allow C-stores on any other lots. This should be clarified at the meeting. Hours of Operation: The applicant is also proposing the C-store be permitted to operate as a 24-hour operation. The First Addendum and conditional use permit include the following restrictions on hours of operation within Cedar Springs Professional Center: · Drive-through coffee stand - 6:00am to 8:00pm · Carwash and fuel pumps - 24 hours · Fuel delivery and refrigerated truck operation - 7:00am to 6:00pm MI-05-008 Exhibit "A" Page 2 So, since the existing DA and CUP already allow the carwash and fuel pumps to operate for 24 hours, if this MI application is approved, the only change to the hours of operation would be adding the C-store as also being permitted to operate for 24 hours. Staffbelieves there are three main questions that the City Council should address in reviewing this application: 1. Was there neighborhood opposition and/or concern to retail or C-store uses during the original Cedar Springs Professional Center public hearings? Staff reviewed the minutes from both the P &Z Commission and City Council public hearings for the Cedar Springs Professional Center RZ and CUP applications. Mr. Joe Simunich, property owner on the south side of Ustick Road, was the only neighbor to testifY at the P&Z Commission hearing. He opposed the office and auto- oriented uses adjacent to an elementary school. He also stated his preference for residential uses and that a carwash is not needed in this part of the city. Mr. Simunich and Mr. Bill Jackson both testified at the City Council hearing. Mr. Simunich repeated his concerns and Mr. Jackson agreed. Mr. Jackson also encouraged the City Council to not commingle filel dispensing with residences and schools. There were specific references to C-stores made during the March16, 2004 City Council meeting These references are quoted below: · Councilman Wardle: 1 wouldjust like to say, asfar as the commercial development and the level of commercial, we are certainly not loolang at a Maverick convenience store. We are looking at several smaller commercial entities, a car wash, and what 1 perceive to be a gas card fuel pump center, which would have probably much less impact than a convenience store, and so 1 see that as meeting the needs of the Comprehensive Plan. · Councilman Bird: 1 would echo that. · Councilman Nary: 1 guess on that same line, Anna, I think I heard Mr. Fluke say that this was the lowest intense use of zoning for the commercial zoning. I mean, is a C-store even allowed in that type of zone. . .? · Powell: I believe it actually is. (They are permitted without a CUP in the C-N zone) So, while the City Council did not specifically request C-stores be prohibited by the DA, it could be inferred that the Council granted the C-N zone and CUP with the understanding that a C-store was not being proposed and this made them more comfortable with the approval. 2. Do the proposed DA modifications conform with the Zoning Ordinance and Comprehensive Plan? MI-05-008 Exhibit "A" Page 3 Zoning Ordinance - Both the pending Unified Development Code and the existing Schedule of Use Control allow Convenience Stores as a permitted use. Other retail uses are conditional. The ordinance does not address 24-hour operations directly. These are incorporated into the general operating standards of each zone which address neighborhood compatibility and other general noise and light standards. Comprehensive Plan - The Future Land Use Map designates this area as Mixed Use-Community and as a Neighborhood Center. The intent of the area is to fimction as an activity center where residents within a one to two mile radius can obtain daily services. Chapter VII (page. 98) of the Comprehensive Plan does list convenience store-type uses as being encouraged in these centers and meet the intent of this policy. 3. Is a C-store an appropriate use adjacent to a future elementary school? On August 17'11, Staff spoke with Wendell Bigham of Joint School District No.2 and asked for any comments on the subject application.. Mr. Bigham said the District has addressed this issue in other areas and does not oppose this type of use. Idaho Code 23-303 does prohibit liquor stores or distribution stations within 300 feet of schools. The proposed C-store would exceed this distance. Idaho Code 67-6533 also prohibits sexually explicit and obscene material from being sold within 2,500ftet of schools. It is not clear from the application if this type of material would be available at this location. It is unclear as to the specific amount of traffic the proposed C-store would generate. ACHD does calculate higher traffic volumes from a C-store than a carwash. This would especially true if the C-store was approved for a 24-hour use. STAFF RECOMMENDATION If this application is approved as submitted, a new condition will be added to the DA which adds C-store as a permitted use. Staff generally supports the proposed change. However, we do recommend a restriction that the C-store use and 24-hour operation be allowed only on Lot 1, Block 25 of Cedar Springs Subdivision No.6, and not apply to all five lots. The City Council has the option of preserving all, some or none ofthe existing DA conditions. Please note that if the Council chooses to approve this application, there would be no conditions of approval. It is solely a request to amend the existing DA. MI-05-008 Exhibit "A" Page 4 ~~' .. ~, CENTRAL (r...... DISTRICT ~~ ~~lEALTH I ,.::::,- 'i$!? DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: o Boise DEagle g?arden City ~~eridian o Kuna OAeZ o Star Re.~ '118 # Cop. Iltional Use # ,~~t;; cr~.~1eg1J~1i Prel1i! Ilnary / Final/Short Plat dt ',2- -/X)1f {lEO!?12- 'r~:S' ,Ji20~i.2S5/0.;J1-t ('7 E /fJ.71?I<. ~ 1. We have No Objections to this Proposal. o 2. We recommend Denial of this Proposal. I.J 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. i.J 4. We will require more data concerning soil conditions on this Proposal before we can comment o 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other LJ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. U 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. I...J 8. After written approval from appropriate entities are submitted, we can approve this proposal for: o central sewage 0 community sewage system 0 community water well o interim sewage 0 central water o individual sewage 0 individual water ;.J 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry Jines 0 central water LJ 10. Run-of! is not to create a mosquito breeding problem. :,J 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ..J 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations, ;A 13. We will require plans be submitted for a plan review for any: o food establishment a.-swimming pools or spas 0 c~ild care center o beverage establishment rgrocery store - (loP (/ ~ N I EpJeE" SlvteE U 14. Please see attached stormwater management recommendaions Da~ ~I LJ 15. Reviewed By: - Exhibil "8" Review Sheet BEFORE THE MERIDIAN CITY COUNCIL C/C August 23, 2005 IN THE MATTER OF THE APPLICATION OF HILL VIEW DEVELOPMENT FOR FINAL PLAT APPROVAL OF 52 SINGLE- FAMIL Y BUILDING LOTS AND 7 COMMON AREA LOTS ON 8.06 ACRES IN AN R-8 ZONE LOCA TED WEST OF NORTH EAGLE ROAD AND NORTH OF EAST USTICK ROAD IN THE SE y.; OF T. 4N., R. IE., SECTION 32 CASE NO. FP-05-054 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on August 23,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Plmmer for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 23, 2005, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CHAMPION PARK SUBDNISION NO.5 LOCATED IN THE SE ~ OF T. 4N., R. IE., SECTION 32, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/24/05, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.5 / (FP-05-054) Page 1 of 4 SHEET 1 OF 4, ENGINEERING NORTHWEST, LLC", HILLVIEW DEVELOPMENT, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Depmiment and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 23, 2005, listing 11 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 23, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDIVISION NO.5 / (FP-05-054) Page 2 of 4 current best management practices for stonnwater disposal and design a stonnwatermanagement system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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: I. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash 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 AFPROV AL OF FINAL PLAT FOR CHAMPION PARK SUBDNISION NO.5 / (FP-05-054) Page 3 of4 Please take notice that this is a final action of the goveming body of the City of Meridian, pursuant to Idaho Code S 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 as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the d~ r GL day of AU9ii5\-~ ,2005. By:' Attest: SEAL William G. Berg, Jr., CIty Clerk\ 7~. ,,# J ~ '1'Q '-~r 1S1 . f? ~ Copy served upon Applicant, the pr~~ ol1i~partment, Public Works Department, and City Attorney. .I(III~lltt1l1l~~';\\\\\\' BW -1 (!i 11 \'V\ &,g 0 /'1\..1 City Clerk's Office Dated: q'2u~()5 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHAMPION PARK SUBDNISION NO.5! (FP-05-054) Page 4 of4 MA YOR Tammy de Wecrd PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-9551 CITY COUNCIL MEMBERS Kcith Bird Clllislinc Donnell Shaun Wal"dle Charles M. Rountree \' V ~.A IDAHO . L~ ~'<1s'(\/ .";"'r~'/! . . . '" , tt., [flL-\SUnF.V'~ ~ PLANNING AND ZONING DEPARTMENT (208) 884-5533 . Fax 888-6854 STAFF REPORT: Hearing Date: August 23,2005 Transmittal Date: August 18, 2005 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen-Watters, Assistant City Planner (fll Michael Cole, Development Services Coordinator (Y\ c. From: Re: Champion Park Subdivision No.5 (aka Parkstone Subdivision) Request for Final Plat Approval of 52 Single-family Residential Building Lots on 8.06 Acres in an R-8 Zone for Champion Park Subdivision No.5, by Hillview Development Corporation (File No. FP-05-054). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Hillview Development Corporation, has requested final plat approval of the fifth phase of Champion Park Subdivision (preliminary platted under the name Parkstone Subdivision). This phase of the subdivision consists of 52 single-family residential building lots on 8.06 acres. There are 26 attached dwelling units (patio homes) planned for these lots. The gross density is 6045 dwelling units per acre and the net density is 8.06 dwelling units per acre. Champion Park Subdivision is located approximately Yz mile west ofN. Eagle Road on the north side ofE. Ustick Road, in the SE y,; of Section 32, TAN., R.1E. A Conditional Use Permit (CUP) for a Planned Development was approved for this subdivision that allowed for a 20% land use exception for a portion of the subdivision to be developed in a commercial manner. The CUP also allowed for reductions to the front setbacks (from IS-ft. for living areas & 20-ft. for garages to IS-ft. for non-front entry garages), side setbacks (from 5-ft. per story to 5-ft. for single & two story buildings), minimum lot size (from 6,500 s.f. to 5,888 s.f. for detached dwellings and from 4,000 s.f. to 3,883 s.f. for attached dwellings), minimum street frontage (from 65-ft. to 60-ft. for detached dwellings and from 40-ft. to 25-ft. for cul-de-sac lots), minimum house size (from 1,301 s.f. to 1,200 s.f. for detached dwellings), and allowance for block lengths to exceed 1,000-feet. FP-05-054 Exhibit "A" Champion Park Sub5 FP.doc Mayor & City Council Hearing Date: August 23,2005 Page 2 Staff finds that the proposed final plat substantially complies with the approved preliminary plat. Staff recommends approval of the fifth phase of Champion Park Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS OF APPROVAL 1. Applicant shall meet all tenns of the approved Preliminary Plat (PP-02-033), Planned Development (CUP-02-049), and Development Agreement (Inst. No. 103085229). 2. The submitted landscape plan dated 7/18/05 shall be revised as follows: a. Fencing adjacent to the micropath on Lot 32, Block 9 is restricted to either a 4-ft. solid fence QI semi-private fencing with "see through" slats on the bottom portion with a 2-ft. lattice on top. Revise plan & detail accordingly. 3. The pressurized irrigation system within this development is to be owned and maintained by the Home Owner's Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4. Sanitary sewer and water service for this development is being proposed via extension of mains in Champions Park #1. The applicant shall be responsible to install all mains necessary to serve this development, coordinate main size and routing with Public Works. 5. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances). 6. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the storm water detention facility cannot be incorporated into the approved open space and still meet the standards ofMCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final FP-05-054 Exhibit "A" Champion Park Sub5 FP.doc Mayor & City Council Hearing Date: August 23, 2005 Page 3 construction. 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 8. Graphically depict, and reference in the notes, a 10-foot wide Public Utilities, Drainage and Irrigation easement centered on all interior lot lines that will not be spanned by an attached unit. 9. Complete the Certificate of Owners and the accompanying acknowledgment. 10. Add or revise the following notes on the plat dated 7/25/05, prepared by Engineering Northwest: (4.) Include Lot 32, Block 9 as a common area lot. (8.) "...direct lot access to N. Troxel Way and E. Ustick Road is prohibited mHess speeifieaU) aIle. ea 13) the ^ aa CS1:lAt) High n a) Distriet ana the Cit) efHer-irliaa." (10.) Include instrument number. 11. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. STANDARD CONDITIONS OF APPROVAL 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shaU be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street lights shall be installed in compliance with the approved streetlight agreement. Two-hundred-fifty (250w), and one-hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 3. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. FP-05-054 Exhibit "A" Champion Park Sub5 FP .doc Mayor & City Council Hearing Date: August 23,2005 Page 4 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridiants Public Works Department. 8. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-13- 10-8. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Temporary construction fencing to contain debris shall be installed at the boundaries of this phase where no permanent fencing is proposed unless permanent fencing exists at the subdivision boundaries. Fencing must be in compliance with MCC 12-4-10. 11. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, 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. 12. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigations, sanitary sewer, water, etc., prior to signature on the final plat. 13. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. RECOMMENDATION FP-05-054 Exhibit "A" Champion Park Sub5 FP.doc Mayor & Cjty Council Hearing Date: August 23,2005 Page 5 Staff recommends approval of the final plat) with the above stated comments and conditions. FP.05-054 Exhibit "A" Champion Park Sub5 FP.doc E~~i'!ffrf1J1fi 15U \::..1 :\ik~ll' Slf,'d, Suil~ lJ )o:"Uk It) SJ(,16 I'h"n~: (20S) 9)l(.[J9XU Fax: (20l() ')Jl(.O<).11 E-mail: ~.,.hc~kyllt {/(lw~,Ln"l August] 9, 2005 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Champion Park Subdivision No.5 (Final Plat) FP-05-054 Dear Mayor and Council: We have reviewed staff comments for the hearing dale of August 23, 2005, and have the following responses. SITE SPECIFlC CONDITIONS OF APPROVAL 1. The applicant will meet all terms oftne approved Preliminary Plat (PP-02-033), Planned Development (CUP-02-049), and Development Agreement (Instrument No. 103085229) 2. The applicant will comply 3. The applicant win comply. 4. The applicant will comply. 5. The applicant will comply 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. ]0. The applicant will comply. ] I. Noted. C:'[)"~llIllClll, and S~llin!\""II"IlS LOL."I S~(lin!\s'f ""11'orary lnkrnd Fik, OI!..:(,[J I R",',R~'r"n',' do,' Mayor and City Council August J 9, 2005 Page 2 STANDARD CONDITIONS OF APPROVAL The applicant will comply. 2. The applicant will comply. .J. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. II. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. ]6. The applicant will comply We believe this letter addresses all items of the staff comments. Please feel free to call if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Shari Stiles Planner /ss cc: Mr. Jim Merkle C:'DoCIIIll~l11' amI l\~llil1g, all~lI<'Lo"al S~ll1l1g< T~l1lpor"n llll<:rll<:l Fil,', 01 K(,1)I'R"",ll<"J''''''~'oo,' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 5.5 Acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Two (2) Buildable Lots on 4.7 Acres AND Conditional Use Permit Approval for a Planned Development Consisting of an Assisted Living Facility Containing 5 Buildings with Each Building Containing 15 beds for Maxfield Subdivision for Maxfield Subdivision, by The Land Group, Inc. Case No(s): AZ-05-017, PP-05-027, CUP-05-034 For the City Council Hearing Date of: August 23, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matter was duly considered by the City Council at the August 23, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027 I PP-05-027 I CUP-05-034- PAGE 1 of 5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the PlmU1ing & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Cottage Investors II, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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 (LC. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all CUlTent zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary Plat dated May 13,2005 as shown in Exhibit B, the Site Plan dated May 13,2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. 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 CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027/ PP-05-027 / CUP-05-034- PAGE 2 of5 Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated May 13,2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 13, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the counciL During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month pe11od. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 Clerknot more than twenty-eight (28) days after the final decision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027/ PP-05-027 / CUP-05-034- PAGE 3 of5 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. 2. Please take notice that this is a final action of the governing body of the City of MeIidian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real propeliy which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal DescIiption Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of the City Council at its regular meeting held on the ;>3 ref-.' day of Ai l ~i i J::).{- \ , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027 I PP-05-027 I CUP-05-034- PAGE 4 of 5 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ Attest: and City Attorney. By: ~ It Ct AI\. () W\. City Clerk's Office Dated: q - \ '2 -05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027 / PP-05-027 I CUP-05-034- PAGE 5 of5 EXHIBIT A Maxfield Subdivision AZ-05-027 Legal Description North 88~37'23" East a distance of 127.44 feet to a point at the beginning of a curve to the left; along said curve to the left having a length of 20.08 feel. a radius of 75.00 feet, a central ang Ie of 15"20'25", tangents of 1 O. 1 0 feet, and a long chord which bears North 80~57' 11 " East, a distance of 20.02 feet fo a point; North 73~16'58. East a distance of 65.38 feet to a point; thence leaving said center line South 16"43'02" East a distance of 25.00 feet to a set 5/8 inch rebar with plastic cap stamped "FLSl PLS 7612" at the north comer common 10 Lots 5 and 6 Block 1 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates Subdivision; [hence along the line common to said Lots 5 and 6, South 00.21'38" West a distance of 467.09 feet to a set 5/8 inch rebarwith plastic cap stamped "FLSI PLS 7612" at the south corner common to said Lots 5 and 6 and to the North 1/16 line of said Section 28: thence along the south line of said Lot 5 and along said North 1/16 tine North 89"30'16" West a distance of 455.55 feet to the TRUE POINT OF BEGINNING. Containing 5.502 acres, more or less Subject to existing easements and rights-of-way as any may eXist, of record or not of record The Basis of Bearings for this description is between the found Brass cap marking the Northwest comer of Section 28, T.3N, R 1 E, from which the found Brass Cap marking the North Y. corner of Section 28 bears South 89D36'03" East END OF DESCRIPTION Timothy J. Fox, PLS 7612 DWIWJRCTS.;lOU5',j)5.ooR FR.Ml'i((>JlC'PUf.SCfUM10NS\508-l>UU ANNEX DESC !XX: ~f}Yl'~"~' ~~~e.RluIAt~ ~"l>Ut,1~ WC-;;Y5 DLiJ! I <---+ --~ ~ ! :r~-!!~ -- --~~~--- -1'~"'1 ; uP I I I ~~!: I: , : li;d fa: I I aH~i I~l I : h~)~ I ~ I j I n~~~ I~: I ,,' ~ 5 ~ 9 "t'-~L";:' ~-';'3..6'3.1'V,'.;' ,f3~"" I' ~ .I' Iii zj ~i! I~! r,~'l ~i !i ~~Hh ~ r ~~ nih:~U , Ii ii! ~ IIII ! I' : ' ' ~--'.'~3:-: , : ::! 11: , ::: I I Ill,: 1 : I UI j, ! I ~, -r---~;~'- - 1r7:f~\ ~; j I ~ /'/ /" "~~JI\ ~ I I itt~~( ~:- - --~; :~;:.----- - :~f_:L_;4 '- - - - - - - - - - - - - - - -$t'm! u..u-- - - - - - _ _ _ _ .J {) ~o- B~f fiJ EXHIBIT B Maxfield Subdivision PP-05-027 Approved Preliminary Plat ~I 'I~ '~ I MAXFIELD SUBDIVISION CITY OF MERIDIAN ADA COlINTY, JOAHO :,"" .~ \1';; o ~.~ l....~ ;,;; EXHIBIT C Maxfield Subdivision CUP-OS-034 Approved Site Plan ~ ;Ii 1)' MAXFIELD SUBDivISION CITY OF MERIDIAN AOA COUNTY. lDMiO EXHIBIT D Maxfield Subdivision AZ-05-027 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The legal description submitted with the application (dated 5-13-05, stamped by Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved, 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation and zoning ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: · That the applicant agrees to construct no more six (6) additional primary structures on this site. Said structures shall be limited to five (5) retirement homes and one (1) clubhouse building. · That the aoolicant is reauired to hook-up the existing: sing:le-familv home to city sewer and water with the construction of Phase 1 not before. EXHIBIT E Maxfield Subdivision PP-05-027 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the conCUlTent Annexation and Zoning (AZ-05-027) and CUPIPD (CUP-05-034) applications shall also be considered conditions of the Preliminary Plat (PP-05-027). The preliminary plat prepared by The Land Group, Inc., dated 5-13-05 and labeled PP-I is approved with the changes and notes listed below. 2. The Landscape Plan prepared by The Land Group, Inc., labeled sheet LI.O, dated 5-13-05, is approved with the following modification: · In addition to the 20-foot wide buffer along the south property line and along the north property line of Lot 1 that is adjacent to Lot 2, construct a 20-foot wide landscape buffer along the east property line adjacent to the retirement homes. 3, Prior to the City Engineer's signature of the final plat, the existing structure(s) on Lot 1 shall be removed, as proposed. 4. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3), The applicant shall be required to utilize any existing surface or well water for the primary source. The applicant shall be responsible to prove to the Public Works Department that a surface or well source is not available prior to using City water as its primary source. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 6. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right- of-way. All fencing should be installed in accordance with MCC 12-4-10. Constmct a 5-foot tall vinyl fence around the pelimeter of the subdivision. 7. A drainage plan designed by a State of Idaho licensed m'chitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 1O-1-9l) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. The applicant shall be responsible for the assessments and the actual connection of sewer and water to the existing house located on this project. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. Sanitary sewer to this site is being proposed via extension of a main line located in Eagle Road past the southern boundary of this project. The conceptual engineering shows the sewer at design grades greater than the minimum allowed for eight-inch sewer. The applicant shall be responsible to constmct sewer mains to and through this project. Subdivision designer to coordinate main sizing, grades, and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. 12. All sewer and water mains that are not in the ACHD right-of-way shall be centered in 20-foot wide easements, said easements shall be free of mature landscaping and fixed vertical structures. 13. The applicant shall be required to pay Public Works development plan review, and constmction inspection fess, as determined during the plan review process, prior to signature on the finallat per Resolution 02-374. 14. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 15. All required sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 16. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing installations, 17. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies detennining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established nonnal groundwater elevation, 18. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 19. Place a note on the face of the final plat stating that vehicular access to Eagle Road is prohibited. 20. The applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 21. The applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 22. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 23. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stmnped (approved) plans with your certificate of zoning compliance application(s). MERIDIAN FIRE DEPARTMENT 1. To qualify for an "R" occupancy, each building shall contain 5 or fewer non- ambulatory residents. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around, NOTE: No turnaround required for driveway between buildings 1 and 2 due to buildings being fire sprinkled. 5. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 7, Operational fire hydrants, temporary or permanent street signs and access roads with an aU weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The proposed multi-family lot has an unknown population at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goaL Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. The first digit of the Apartments/Suites shall correspond to the floor level for any multi-story buildings. 12. The applicant shall work with Fire Department staff to provide an address identification plan including a pylon/monument sign at the required intersection (near the entrance). 13. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. All buildings shall be addressed off of Falcon Drive, not Eagle Road. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officiaL For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with all approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distallCe requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. MERIDIAN PARKS & RECREATION DEPARTMENT I. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The landscaping plan may need to be revised in accord with those discussions. 2. The proposed dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans if necessary. 3, The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building pennit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 41-feet from the centerline of Eagle Road. 3, Construct Falcon Drive as one half of a 40-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk. Provide the Dishict with an easement for the sidewalk that extends outside of the right-of-way. 4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive approximately 138-feet west of the east property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 5. All access to Eagle Road is prohibited. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8, Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD light-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised duling any phase of construction. 10. No change in the tenns and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department ofHeaIth & Welfare, Division of Enviromnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT L If all stonn drainage is retained on-site there will be no impact on Nalnpa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review p110r to final platting. 3. All laterals and waste ways must be protected. The developer must comply wit Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT F Maxfield Subdivision CUP-05-034 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PD) 1. All conditions of tlle concurrent Annexation and Zoning (AZ-05-027) and Preliminary Plat (PP-05-027) shall also be considered conditions of the Conditional Use Permit (CUP-05-034). The Planned Development site plan prepared by The Land Group, Inc., on 5-13-05, labeled PD-l, is approved with the changes listed below. 2. The project shall confonn to the R-8 dimensional standards and uses, except as follows: + Multiple principal detached buildings may be constructed on a single lot. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP/PD application. 3. As Planned Development amenities, construct a gazebo, a flower bed of at least 800 square-feet, and a clubhouse, as proposed. Except for the clubhouse, which shall be constructed prior to issuanee sf a CertiFisate sf Zefliag Ceffi13lioo00 ~occuDancv of the fourth retirement building, all other reauired amenities shall be constructed prior to occupancy of the first retirement home. 4. Set aside at least 10% ofthe gross land area for open space, as proposed. 5. All building construction shall substantially comply with the elevations prepared by Medical Design Group, Sheets 4.00 and 4.10. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Building Code. 6. All parking and areas of circulation shall be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. MCC requires 90- degree parking stalls to be 9-feet wide by 19-feet long and have a minimum 25- foot wide drive aisle adjacent to them. 7. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Sidewalk shall be constructed adjacent to Falcon Drive, including adjacent to Lot 2. 8. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) fi'om the Meridian Planning and Zoning Department (MCC 11-19-1). 9. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 10. This conditional use pennit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use pennit must be obtained prior to the start of development. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS SANITARY SERVICES COMPANY (SSC) L Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application(s). MERIDIAN FIRE DEPARTMENT 1. To qualify for an "R" occupancy, each building shall contain 5 or fewer non- ambulatory residents. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' ill length that is not provided with an outlet shall be required to have an approved turn around. NOTE: No turnaround required for driveway between buildings 1 and 2 due to buildings being fire sprinkled, 5, All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 6. Provide a 20' wide Fire Lalle for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs, 7. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The proposed multi-family lot has an unknown population at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support, The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. The first digit of the Apartments/Suites shall correspond to the floor level for any multi-story buildings. 12. The applicant shall work with Fire Department staff to provide an address identification plan including a pylon/monument sign at the required intersection (near the entrance). 13. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing, All buildings shall be addressed off of Falcon Drive, not Eagle Road, 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the extelior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. MERIDIAN PARKS & RECREATION DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The landscaping plan may need to be revised in accord with those discussions. 2. The proposed dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans if necessary. 3. The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD COlmnission or prior to issuance of a building pennit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiaL The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2, Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 41-feet from the centerline of Eagle Road. 3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk. Provide the District with an easement for the sidewalk that extends outside of the right-of-way. 4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive approximately 138-feet west ofthe east property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 5. All access to Eagle Road is prohibited. 6. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3, Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRlUGATION DISTlUCT 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply wit Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT G Maxfield Subdivision AZ-OS-027 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; City Council finds the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residentia1." The purpose of this designation is "to allow for the development of single-family homes at densities of three dwelling units or less per acre... Density bonuses may also be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services." (See Chapter VII, pg. 95.) The applicant has submitted a letter listing several Comprehensive Plan policies that support the proposed applications. The requested R-8 zone is a medium density residential zone. The Comprehensive Plan allows one "step" (i.e. low to medium) in densities/zoning without requiring a Comprehensive Plan amendment. The applicant is requesting the one step up in density because retirement homes are not permitted in low density zoning districts; the R-8 zone is the first available zone to operate retirement homes. City Council finds that if the City allows this parcel to step up one residential zoning district, the requested R-8 zoning will generally conform to this stated purpose and intent of the low density designation, as allowed by Note #2 on the Future Land Use Map. B. Is the area included in the zoning amendment intended to be rezoned in the future; If the concurrent preliminary plat and conditional use permit applications are approved, City Council does not believe that the applicant intends to rezone the property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; The applicant calls the proposed buildings "assisted living" facilities, which are undefined in MCC 11-2-2, but listed as a condition use in MCC 11-8-1. "Retirement Homes", listed as a conditional use in MCC 11-8-1, but undefined in MCC 11-2-2, have generally been defined by the City as being independent living areas with residents capable of self-preservation. Housekeeping and family-style dining services will be provided to the residents of this community, but the residents will require minimum assistance (see Applicant's letter). City Council believes that this will be a non-convalescent facility with residents capable of self- care. Although retirement homes, nursing homes, and assisted living all require conditional use pennit approval in the requested R-8 zone, based on the applicant's letter City Council has determined the proposed development to be a retirement home. Therefore, the concurrent CUP application must be approved for the development to proceed. The existing single-family home on the proposed Lot 2 is allowed in the requested R-8 zone. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Within the last couple of years, this area has substantially changed. Messina Village, Tuscany Lakes, Soda Springs and Sutherland Farms Subdivisions have all begun constructing homes on what was once agricultural land. Further, Kingsbridge Subdivision was also recently approved for residential development along Eagle Road in this section. Eagle Road was widened between Overland and the Ridenbaugh Canal recently, approximately :x of a mile to 'the north. Falcon Drive has been constructed as a local street abutting the site. Eagle Road adjacent to this site not been widened in the recent past, but the Eagle RoadNictory Road intersection is scheduled for improvements in 2006. The majority of the land uses in the area are still rural with low to medium residential densities. Although the proposed use is not really similar to any of the other uses in the area, City Council believes that the proposed zoning for a retirement community seems to be appropriate for this site and should be compatible with other land uses in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. According to the Future Land Use Map, this area is intended for low density residential uses. City Council finds that the proposed uses, ifdesigned, constructed and operated in accordance with adopted city ordinances and the PP and CUP conditions of approval, should be hannonious and appropriate in appearance Witll the existing and intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the proposed units for the elderly should be compatible with, and compliments the existing single-family residences to the north, south, east and west. The Commission and Council shall rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is available in Eagle Road past the southern boundary ofthis project. Water is available in Eagle Road for the entire frontage of this property. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On July 1, 2005, ajoint agency and department comments meeting was held with representatives of key service providers to this property. Based on the joint meeting and other comments received from agencies and departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. City Council finds that the subject property can be served adequately by all essential public facilities and City services. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The Meridian Fire Department has commented that developments for the elderly may have the potential for more services than typical single-family residential developments. As noted in the finding above, all public facilities and services can be provided to this site. All required site improvements will be funded and constructed by the applicant/developer. City Council finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed uses will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, City Council does not believe that the additional traffic and noise should be excessive. City Council finds that the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production oftraffic, noise, smoke, fumes, glare or odors, if all conditions included in the report are complied with. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; City Council finds that any future use of this site will impact the level and flow of traffic on the surrounding streets. Access to this site is proposed via two driveways to Falcon Drive, a local street. One driveway will serve the existing home, and the second driveway will serve the retirement community. No access to Eagle Road is proposed. The applicant should comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. City Council finds that the proposed vehicular approaches to Falcon Drive, should not create interference with traffic on surrounding public streets (Please see ACHD report for more information). K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The legal description submitted with the application, prepared by Fox Land Surveys, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public fimds. The application substantially complies with the Comprehensive Plan and Future Land Use Map. The land to the southwest of the subject property has previously been annexed into the City and this is a logical expansion of the City boundary. In accordance with the findinf!s listed above Otv Council finds that the rezone of this DrODertv would be in the best interest of the Citv. NOTE: The City Council has included a requirement for a Development Agreement on this site. EXHIBIT H Maxfield Subdivision PP-05-027 Preliminary Plat Findings Meridian City Code (MCC) 12-3-31.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G". C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, the Council finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; See Finding "G" under Annexation and Zoning Analysis, and the Agency Comments and Conditions. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any health, safety or environmental problems associated with this subdivision; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. EXHIBIT I Maxfield Subdivision CUP-05-034 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenus ofthe following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The retirement home use requires a minimum of one parking stall for every 5 beds in the facility, or 15 stalls total (for 75 beds)(MCC l1-l3-5.B). The site plan depicts 5] stalls being provided on the retirement home lot. The minimum required off-street parking ratio is exceeded for this use. The applicant is proposing to set aside 10% of the site for open space. The applicant is not requesting any deviations to the City's standard building setbacks (yards), open space requirements, parking, landscaping, or any other features required by ordinance. City Council finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See Annexation and Zoning Analysis "A". C. 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; City Council finds that the general design, construction, operation, and maintenance ofthe proposed development should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. (See Annexation and Zoning Analysis) D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed development will have an adverse impact on the surrounding property. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Analysis "G". F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation and Zoning Analysis "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare. or odors; Please see Annexation and Zoning Analysis "I". H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Analysis "J". I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Analysis "1(". CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 5.5 Acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Two (2) Buildable Lots on 4.7 Acres AND Conditional Use Permit Approval for a Planned Development Consisting of an Assisted Living Facility Containing 5 Buildings with Each Building Containing 15 beds for Maxfield Subdivision for Maxfield Subdivision, by The Land Group, Inc. Case No(s): AZ-05-017, PP-05-027, CUP-05-034 For the City Council Hearing Date of: August 23, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the August 23,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The PlalUling and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City CounciL d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027I PP-05-027 I CUP-05-034- PAGE I of5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the PI aIming & Zoning Recommendation for the subject application(s), it is hereby verified that the propeliy owner(s) ofrecord at the time of issuance of these findings is Cottage Investors II, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Plmming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. S67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary Plat dated May 13, 2005 as shown in Exhibit B, the Site Plan dated May 13,2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. 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 CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S), AZ-05-027 I PP-05-027 I CUP-05-034- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated May 13, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 13, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1, Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (l8) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2, Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis L 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 CITY OF MERlDIAN FrNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027/ PP-05-027 / CUP-OS-034- PAGE 3 of5 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G; Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of the City Council at its regular meeting held on the d3rc--\ At 1jii<4-, ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED->>.p- COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS10N & ORDER CASE NO(S). AZ-05-027/ PP-05-027 / CUP-05-034- PAGE 4 of5 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ Attest: and City Attorney. By:, )u.nlM 6 n. City Clerk's Office Dated: q -I;;t {)J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027/ PP-05-027 / CUP-05-034- PAGE 5 of5 EXHIBIT A Maxfield Subdivision AZ-05-027 Legal Description North 88037'23" East a distance of 12744 feet to a point attMe beginning of a curve to the left; along said curve to the left having a length of 20.08 feet, a radius of 75,00 feet, a Central angle of 15020'25", tangents of 10.10 feet, and a long chord which bears North 80057'11" East, a distance of 20.02 feet to a point; North 73016'58" East a distance of 65.38 feet to a point; thence leaving said center line South 16'43'02" East a distance of 25.00 feet 10 a set 5/8 inch rebarwith plastic cap stamped "FLSI PLS 7612" at the north corner common to LoIs 5 and 6 Block 1 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates Subdivision; thence along the line common to said Lots 5 and 6, South 00021'38" West a distance of 467.09 Feet to a set 5/8 inch rebarwith plastic cap stamped "FLSI PLS 7612" at the south corner common to said Lots 5 and 6 and to the North 1116 line of said Section 28: thence along the south line of said Lot 5 and along said North 1116 line North 89030' 16' West a distance of 45555 feet to the TRUE POINT OF BEGINNING. ContaIning 5.502 acres, more or less. Subject to existing easements and rights-at-way as any may eXist, of record or not of record The Basis ot Bearings for this description is between the found Brass cap marking the Northwest comer of Section 28, T.3N, R 1 E, trom which the found Brass Cap marking the North % corner of Seclion 28 bears South 89036'03" East END OF DESCRIPTION J:~~mYr:<;~{~,~:.lxJ~ ~~I'~~~3I'm_~CRJI'110NS\~QS-l>UU ANNFX Dl'SC DOL' ~~~~, ME.RIDIAN feu Gt t~ 'Nc.-:;V5 D(::'1 \ :?: .. ;:s1~ .~~ ~ I ;t~~-ill --~~------ --'~n"l :1 ill: I: I . "3! I I I : i~;~i i~,' ; I ~il~~ "g, ! : h!:h I~: i I H~~~ I ~ , I ,,: ~ ~ ~ ~ ,!~~L"~ ~{3~~'V:?: OL~~V..V I J i I~ ~~I I~ I J~L I~~ I~ '\ n.. a J ~;. ~ r d. I~i ~;, II ~III :', ~ill ~ f W'; -' , "'; . 1'.11' 1 i 1 i j i I:: ' ~ : "': ! "',ti I T-u~~/O, '31 2\ ~ I I :1 1 .-;c;->->.- , 'I:J" ;: i ::J ~"J(t (' \ ~ II_!!.~ ,~: ; ~.~! 0 u, u_ H _n~; :~;:" _n_n -. ~"", r "~::'~l '- - - - - - - - - - - - - - - -....onl: Ut.a.-- - - - _ _ _ _ _ _ .J o !: vi )- ld > rt: "") ill n z "5 x 2 I t;; ~ ~ EXHIBIT B Maxfield Subdivision PP-05-027 Approved Preliminary Plat MAXFIELD SUBDIVISION CITY OF MERIDIAN AnA COllNTY, IDAHO EXHIBIT C Maxfield Subdivision CUP-05-034 Approved Site Plan :I~ ~ ~ Iv ~'~ 1'5 'I EXHIBIT D Maxfield Subdivision AZ-OS-027 Annexation and Zoning Comments ANEXA TION & ZONING FACTS AND COMMENTS 1. The legal description submitted with the application (dated 5-13-05, stamped by Timothy J. Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved, 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation and zoning ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: · That the applicant agrees to construct no more six (6) additional primary structures on this site. Said structures shall be limited to five (5) retirement homes and one (1) clubhouse building. · That the aODlicant is reauired to hook-up the existing sinl!1e-familv home to city sewer and water with the construction of Phase 1 not before. EXHIBIT E Maxfield Subdivision PP-05-027 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the concurrent Annexation and Zoning (AZ-05-027) and CUPlPD (CUP-05-034) applications shall also be considered conditions of the Preliminary Plat (PP-05-027). The preliminary plat prepared by The Land Group, Inc., dated 5-13-05 and labeled PP-1 is approved with the changes and notes listed below. 2, The Landscape Plan prepared by The Land Group, Inc., labeled sheet L1.0, dated 5-13-05, is approved with the following modification: · In addition to the 20-foot wide buffer along the south property line and along the north property line of Lot 1 that is adjacent to Lot 2, construct a 20-foot wide landscape buffer along the east property line adjacent to the retirement homes. 3. Prior to the City Engineer's signature of the final plat, the existing structure(s) on Lot 1 shall be removed, as proposed. 4. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. The applicant shall be responsible to prove to the Public Works Department that a surface or well source is not available prior to using City water as its primary source. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 6. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building pennits. All fences shall taper down to 3 feet maximum within 20 feet of all right- of-way. All fencing should be installed in accordance with MCC 12-4-10. Construct a 5-foot tall vinyl fence around the perimeter of the subdivision. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and COUllties and City of Melidian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. The applicant shall be responsible for the assessments and the actual connection of sewer and water to the existing house located on this project. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation, 10. Water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. Sanitary sewer to this site is being proposed via extension of a main line located in Eagle Road past the southern boundary of this project. The conceptual engineering shows the sewer at design grades greater than the minimum allowed for eight-inch sewer. The applicant shall be responsible to construct sewer mains to and through this project. Subdivision designer to coordinate main sizing, grades, and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 12. All sewer and water mains that are not in the ACHD right-of-way shall be centered in 20-foot wide easements, said easements shall be free of mature landscaping and fixed vertical structures. 13. The applicant shall be required to pay Public Works development plan review, and construction inspection fess, as determined during the plan review process, prior to signature on the finallat per Resolution 02-374. 14. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 15. All required sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 16. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 17. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all stonns up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established nonnal groundwater elevation. 18. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 19. Place a note on the face of the final plat stating that vehicular access to Eagle Road is prohibited. 20. The applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 21. The applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 22. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 23. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS SANITARY SERVICES COMPANY (SSC) I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application(s). MERIDIAN FIRE DEPARTMENT 1. To qualify for an "R" occupancy, each building shall contain 5 or fewer nou- ambulatory residents. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Deparhnent. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. NOTE: No turnaround required for driveway between buildings 1 and 2 due to buildings being fire sprinkled. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 7, Operational fire hydrants, temporary or pelmanent street signs and access roads with an all weather surface are required before combustible construction is brought on site, 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The proposed multi-family lot has all unknown population at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. The first digit of the Apartments/Suites shall correspond to the floor level for any multi-story buildings. 12. The applicant shall work with Fire Department staff to provide an address identification plan including a pylon/monument sign at the required intersection (near the entrance). 13. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. All buildings shall be addressed offofFaIcon Drive, not Eagle Road. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped tlu'oughout with an approved automatic sprinkler system installed in accordance with Section 903.3 .1.1 or 903.3 .1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department cOlUlections. MERIDIAN PARKS & RECREATION DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLlCE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas, Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The landscaping plan may need to be revised in accord with those discussions. 2. The proposed dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans if necessary. 3. The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Constmct a 5-foot concrete sidewalk on Eagle Road abutting tlle site. The sidewalk should be constmcted a minimum of 41-feet from the centerline of Eagle Road. 3. Constmct Falcon Drive as one half of a 40-foot street section with veliicaI curb, gutter and a 5-foot detached concrete sidewalk. Provide the District with an easement for the sidewalk that extends outside of the right-of-way. 4. Constmct a 24-foot wide curb retum type driveway that intersects Falcon Drive approximately 138-feet west of the east property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 5. All access to Eagle Road is prohibited, 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the constmction of the proposed development. Contact Constmction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5, All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6, The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Constmction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8, Payment of applicable road impact fees are required prior to building constmction in aCCOrdallCe with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to velify all existing utilities within the right-of-way, The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with allmles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEAL TO DEPARTMENT I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT I. If all stOlID drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the N amp a & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply wit Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Inigation District. EXHIBIT F Maxfield Subdivision CUP-05-034 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PD) 1. All conditions of the concurrent AImexation and Zoning (AZ-05-027) and Preliminary Plat (PP-05-027) shall also be considered conditions of the Conditional Use Pennit (CUP-05-034). The Planned Development site plan prepared by The Land Group, Inc., on 5-13-05, labeled PD-I, is approved with the changes listed below. 2. The project shall confonn to the R-8 dimensional standards and uses, except as follows: + Multiple principal detached buildings may be constructed on a single lot. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP/PD application. 3. As Planned Development amenities, construct a gazebo, a flower bed of at least 800 square-feet, and a clubhouse, as proposed. Except for the clubhouse, which shall be constructed prior to issl;Ulflee sf a Certifieate sf ZSFliFlg CsmJ31iaFlee ~occuJ)ancv of the fourth retirement building, all other reQuired amenities shall be constructed prior to occupancy of the first retirement home. 4. Set aside at least 10% of the gross land area for open space, as proposed. 5. All building construction shall substantially comply with the elevations prepared by Medical Design Group, Sheets 4.00 and 4.10. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Building Code. 6. All parking and areas of circulation shall be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. MCC requires 90- degree parking stalls to be 9-feet wide by 19-feet long and have a minimum 25- foot wide drive aisle adjacent to them. 7, All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Sidewalk shall be constructed adjacent to Falcon Drive, including adjacent to Lot 2. 8. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Celiificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 9. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, inigation, and landscaping shall be installed. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 10. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timen-ame, a new conditional use permit must be obtained prior to the start of development. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application(s). MERIDIAN FIRE DEPARTMENT 1. To qualify for an "R" occupancy, each building shall contain 5 or fewer non- ambulatory residents. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. NOTE: No turnaround required for driveway between buildings 1 and 2 due to buildings being fire sprinkled, 5. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D I 03.6 Signs. 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The proposed multi-family lot has an unknown population at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 20] 0, 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staffthe facilities. 11. The first digit of the Apartments/Suites shall correspond to the floor level for any multi-story buildings. 12. The applicant shall work with Fire Department staff to provide an address identification plan including a pylon/monument sign at the required intersection (near the entrance). 13. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. All buildings shall be addressed off of Falcon Drive, not Eagle Road, 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183), a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within lOO' of all fire department connections. MERIDIAN PARKS & RECREA nON DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The landscaping plan may need to be revised in accord with those discussions. 2. The proposed dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans if necessary. 3. The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested mateliaL The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 41-feet from the centerline of Eagle Road. 3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk. Provide the District with an easement for the sidewalk that extends outside of the right-of-way. 4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive approximately 138-feet west of the east property line, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 5. All access to Eagle Road is prohibited. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with :file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6, The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway DistJ.ict prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10, No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stOlID water disposal and design a stonnwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. If all stonn drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian IlTigation District requires that a Land Use Change Application is filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply wit Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT G Maxfield Subdivision AZ-05-027 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenns ofthe following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; City Council finds the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential." The purpose of this designation is "to allow for the development of single-family homes at densities of three dwelling units or less per acre... Density bonuses may also be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services." (See Chapter VII, pg. 95.) The applicant has submitted a letter listing' several Comprehensive Plan policies that support the proposed applications. The requested R-8 zone is a medium density residential zone. The Comprehensive Pian allows one "step" (i.e. low to medium) in densities/zoning without requiring a Comprehensive Plan amendment. The applicant is requesting the one step up in density because retirement homes are not pennitted in low density zoning districts; the R-8 zone is the first available zone to operate retirement homes. City Council finds that if the City allows this parcel to step up one residential zoning district, the requested R-8 zoning will generally confonn to this stated purpose and intent of the low density designation, as allowed by Note #2 on the Future Land Use Map. B. Is the area included in the zoning amendment intended to be rezoned in the future; If the concurrent preliminary plat and conditionai use permit applications are approved, City Council does not believe that the applicant intends to rezone the property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; The applicant calls the proposed buildings "assisted living" facilities, which are undefined in MCC 11-2-2, but listed as a condition use in MCC 11-8-1. "Retirement Homes", listed as a conditional use in MCC 11-8-1, but undefined in MCC 1 ] -2-2, have generally been defined by the City as being independent living areas with residents capable of self-preservation. Housekeeping and family-style dining services will be provided to the residents of this community, but the residents will require minimum assistance (see Applicant's letter). City Council believes that this will be a non-convalescent facility with residents capable of self- care. Although retirement homes, nursing homes, and assisted living all require conditional use permit approval in the requested R-8 zone, based on the applicant's letter City Council has determined the proposed development to be a retirement home. Therefore, the concurrent CUP application must be approved for the development to proceed. The existing single-family home on the proposed Lot 2 is allowed in the requested R-8 zone. n. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Within the last couple of years, this area has substantially changed. Messina Village, Tuscany Lakes, Soda Springs and Sutherland Farms Subdivisions have all begun constructing homes on what was once agricultural land. Further, Kingsbridge Subdivision was also recently approved for residential development along Eagle Road in this section. Eagle Road was widened between Overland and the Ridenbaugh Canal recently, approximately ~ of a mile to the north. Falcon Drive has been constructed as a local street abutting the site. Eagle Road adjacent to this site not been widened in the recent past, but the Eagle RoadNictory Road intersection is scheduled for improvements in 2006. The majority of the land uses in the area are still rural with low to medium residential densities. Although the proposed use is not really similar to any of the other uses in the area, City Council believes that the proposed zoning for a retirement community seems to be appropriate for this site and should be compatible with other land uses in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. According to the Future Land Use Map, this area is intended for low density residential uses. City Council finds that the proposed uses, if designed, constructed and operated in accordance with adopted city ordinances and the PP and CUP conditions of approval, should be hannonious and appropriate in appearance with the existing and intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the proposed units for the elderly should be compatible with, and compliments the existing single-family residences to the north, south, east and west. The Conunission and Council shall rely on public testimony to detennine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is available in Eagle Road past the southern boundary of this project. Water is available in Eagle Road for the entire frontage of this property. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On July 1,2005, a joint agency and department comments meeting was held with representatives of key service providers to this property. Based on the joint meeting and other comments received from agencies and departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. City Council finds that the subject property can be served adequately by all essential public facilities and City services. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The Meridian Fire Department has commented that developments for the elderly may have the potential for more services than typical single-family residential developments. As noted in the finding above, all public facilities and services can be provided to this site. All required site improvements will be funded and constructed by the applicant/developer. City Council finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed uses will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, City Council does not believe that the additional traffic and noise should be excessive. City Council finds that the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, if all conditions included in the report are complied with. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; City Council finds that any future use of this site will impact the level and flow of traffic on the surrounding streets. Access to this site is proposed via two driveways to Falcon Drive, a local street. One driveway will serve the existing home, and the second driveway will serve the retirement community. No access to Eagle Road is proposed. The applicant should comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. City Council finds that the proposed vehicular approaches to Falcon Drive, should not create interference with traffic on surrounding public streets (Please see ACHD report for more information). K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" The legal description submitted with the application, prepared by Fox Land Surveys, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The application substantially complies with the Comprehensive Plan and Future Land Use Map. The land to the southwest of the subject property has previously been annexed into the City and this is a logical expansion of the City boundary. In accordance with the findimzs listed above Citv Council finds that the rezone of this orODertv would be in the best interest of the Citv. NOTE: The City Council has included a requirement for a Development Agreement on this site. EXHIBIT H Maxfield Subdivision PP-05-027 Preliminary Plat Findings Meridian City Code (MCC) 12-3-31.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G". C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, the Council finds that a development on this property will not require the expenditure of capital improvement funds. D. The public fmancial capability of supporting services for the proposed development; See Finding "0" under Annexation and Zoning Analysis, and the Agency Comments and Conditions. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any health, safety or environmental problems associated with this subdivision; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. EXHIBIT I Maxfield Subdivision CUP-05-034 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The retirement home use requires a minimum of one parking stall for every 5 beds in the facility, or 15 stalls total (for 75 beds)(MCC 1l-13-5.B). The site plan depicts 51 stalls being provided on the retirement home lot. The minimum required off-street parking ratio is exceeded for this use. The applicant is proposing to set aside 10% of the site for open space. The applicant is not requesting any deviations to the City's standard building setbacks (yards), open space requirements, parking, landscaping, or any other features required by ordinance. City Council finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See Annexation and Zoning Analysis "A". C. 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; City Council finds that the general design, construction, operation, and maintenance ofthe proposed development should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. (See Annexation and Zoning Analysis) D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed development will have an adverse impact on the surrounding property. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Analysis "G". F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation and Zoning Analysis "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I". H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Analysis "J". I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Analysis "K". CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Annex and Zone 2.74 acres from RUT to R-4 (Low Density Residential) AND Preliminary Plat approval for nine (9) single family residential building lots and one (1) other lots, for The Enclave Subdivision, by The Enclave, LLC Case No(s): AZ-05-031, PP-05-031 For the City Council Hearing Date of: August 23, 2005 A. Findings of Fact 1. H earing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the August 23,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~S 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). AZ-05-031 / PP-05-03 J - PAGE I of 4 a. In addition to the application and property facts noted in the staff repOli and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Jason and Jackie Thacker. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits D for the findings required for these applications. 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 (LC. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated August 10, 2005 as shown in Exhibit B, and the Site Specific and Standard Conditions in Exhibit C. 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 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). AZ-05-031 / PP-05-031 - PAGE 2 of 4 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 10, 2005 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval ofthe final plat. After approval offinal plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice afFinal Action and Right to Regulatory Takings Analysis 1. 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Site Specific and Standard Conditions Exhibit D: Required Findings Bya ion of the City Council at its regular meeting held on the II- ,2005. 2'3 rf!,. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-031 / PP-05-031 - PAGE 3 of 4 COUNCIL MEMBER KEITH BIRD VOTED ---f/t:-a.. MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. ~ l By; h ()\ \'^'- ~ 1\ ~ Ity Clerk's Office Dated: 8- J<1-Cf) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-05-03] I PP-05-03] - PAGE 4 of 4 EXHIBIT A The Enclave Subdivision AZ-05-031, PP-05-031 L~galp~scrill~~~~ DESCRIPTION FOR PROPOSED THE ENCLAVE SUBDIVISION June 3, 2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N., R.1E., 8.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00044'50" E 1327.40 FEET TO THE SOUTH 1/16 CORNER. THE SOUTHWEST CORNER OF THE NW 114 OF SW 1/4 OF SAID SECTION 20; THENCE N 00044'49" E 46363 FEET ALONG SAID SECTION TO A POINT; THENCE S 89052'45" E 45.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF S. LOCUST GROVE ROAD ALSO BEING THE NW CORNER OF INGLENOOK SUBDIVISION; THENCE S 89"52'45" E 270.60 FEET ALONG THE NORTHERL Y BOUNDARY OF SAID INGLENOOK SUBDIVISION TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE N 00044'49" E 200.48 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOS ALAMITOS PARK SUBDIVISION NO, 1; THENCE S 89"58'11" E 506.84 FEET ALONG THE BOUNDARY OF LOS ALAMITOS PARK SUBDIVISION TO THE SOUTHEAST CORNER OF SAID LOS ALAMITOS PARK SUBDIVISION NO.1: THENCE S 89"44'31" E ALONG SOUTH BOUNDRY OF LOS ALAMITOS PARK SUDIVISON NO.2: 29.67 FEET TO THE NORTHWEST CORNER OF TARAWOOD SUBDIVISION THENCE S 29003'22" E 23326 FEET ALONG THE BOUNDARY OF TARAWOOD SUBDIVISION; THENCE N 89"59'38" W CONTINUING ALONG SAID BOUNDRY 57.24 FEET TO THE NORTHEAST CORNER OF INGLENOOK SUBDIVISION; THENCE N 28059'25" W ALONG NORTHERLY BOUNDARY AT SAID INGLENOOK SUBDIVISION 2.96 FEET TO A POINT: THENCE N 89052'45" W CONTINUING ALONG SAID NORTHERLY BOUNDARY 593.73 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION: THIS SUBDIVISION CONT~RES. MORE OR LESS. ~"g.P~~~s~.N~J)wt WAYNE K, IMRBER., ;,." ~~. ~.~\..P.r.,s 8444 I~ ,444 g! \\ ~~v EiJltJf' \~~'$;~ir1~? EXHIBIT B The Enclave Subdivision PP-05-031 EXHIBIT C The Enclave Subdivision AZ-05-031, PP-05-031 Conditions of Approval (With deletions and additions in strikeout/underline) SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. This Staff Report is based upon the preliminary plat prepared by Briggs Engineering on Dated August 10, 2005, and is approved with the conditions listed herein. All comments/conditions of the annexation and zoning (AZ-05-031) application shall also be considered conditions of the Preliminary Plat (PP-05- 031). 2. Construct Inglenook way and the common drives to connect the north right-of- way line of E. Fireside Court to connect with Locust Grove Road. Construct Inglenook way and the common drives to connect the north right-of-way line of E. Fireside Court to connect with Locust Grove Road. The esmmSH an es shall ha e a miBimtlm sf 21' sf ilTlflFe . ea sarfase aHa shsulaee eeas1nlstea il'l saeh a malliler as te Be eSffifla-til31e .. it.fi the flaelie l'eaa S) stem. The common drive shall have a minimum of 24 feet of improved surface and shall be designed with curb, gutter, and sidewalk in such a manner as to be consistent with the public road section. 3. Maintenance of all common area lots shall be the responsibility of the Enclave Homeowners' Association. 4. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10 5. Place proper signage on the common drive side and western property boundary side of the easement connection through Lot 3 Block 1 to Locust Grove Road, declaring "Emergency Access Only". 6. Prior to final plat approval by City Council, depict on the preliminary plat the sections of road which will be designated "No Parking" or show areas of off street parking to be provided for visitors to the subdivision. 7. A landscape plan was not prepared as there are no areas of required landscaping on this site. However the following notes/modifications still apply: · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as The Enclave Subdivision Exhibit C replacement trees for those trees that are removed (MCC 12-13-13-3), Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. · All fencing along the Eight Mile Creek shall be non-combustible fencing materials. 8. The Eight Mile Creek shall be fenced appropriately with a six-foot (6') tall non- combustible material and maintained free of noxious materials. 9. Underground year-round pressurized irrigation must be provided to aU lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. The applicant has indicated in the application that the P.r. system is to be owned and operated by the Homeowners Association; however it appears that they are connecting to a NMID system. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval, or if it is to be owned and maintained by Nampa and Meridian Irrigation District a license agreement must be entered into prior to a pre- construction meeting. 10. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. The applicant shall also provide five foot wide attached sidewalks with a rolled curb adjacent to the internal public streets as proposed and in compliance with existing road designs. 11. Add a note to the face of the final plat stating: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive. " 12. Sanitary sewer service to this site is being proposed from the sewer main in Locust Grove Road and extensions through Inglenook Subdivision. The applicant will be responsible to construct all sewer mains to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications, The Enclave Subdivision Exhibit C 13. Domestic water service to this site shall be via extensions from Inglenook Subdivision, The applicant will be responsible to construct all water mains necessary to serve this proposed development in accordance to Public Works approval. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Melidian standard forms of easements, for any mains that are required to provide service. 14. Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. IS. Direct lot access to Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road as EMERGENCY ACCESS ONLY. 16. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. Unless otherwise approved, all minimum lot sizes, structure setbacks, street frontage, and house size requirements ofthe R-4 zone shall be maintained. 17. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation, 18, The applicant/developer shall be responsible for the payment of sewer and water assessments, as well as the actual physical connection to the municipal services for the existing home on Lot 3. 19. The applicant shall be responsible to provide verification that the existing irrigation easement has been vacated prior to the City Engineer's signature on the final Plat. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the The Enclave Subdivision Exhibit C Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 6. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9, Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 10. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 11. The applicant shall coordinate mailbox locations with the Meridian Post Office, 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This is to ensure The Enclave Subdivision Exhibit C that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 14. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16, Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 17. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat approval use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 1. Public Streets and Access: Connectivitv (lnl!lenook Subdivisions): The stub street from Inglenook Subdivision shall connect to E. Horse Creek Street and again north to Inglenook Subdivision on Inglenook Avenue. The subdivision is constrained by previous development in the area and is bound by ACHD policies of interconnectivity. No direct access to Locust Grove Road is approved with this subdivision. 2. Landscauinl!: Staff is generally supportive of the absence of a landscaping design with the following considerations: Non-combustible fencing should be included on the eastern border of the Eight Mile Creek, and perimeter fencing shall be designed according to MCC 12-13 and maintained by the home owners association. See Site Specific Condition #7 below. Tree Mitigation: There are several large trees on this site that the applicant is proposing to remove or relocate, Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Site Specific Condition #7 below. 4. Ditches Laterals and Canals: Per MCC 12-4-13, all irrigation ditches, laterals or The Enclave Subdivision Exhibit C canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Staff is unaware of the official status of the Eight Mile Creek; it appears to be maintained by Nampa Meridian Irrigation and is considered a natural feature and does not require tiling. See Site Specific Condition #8 below 5. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #9 below, 6. Fencing: The applicant is proposing to construct a minimum of a five foot tall solid fence around the perimeter of the site. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. Fencing along the Eight Mile Drain shall be constructed with a non-combustible material. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. The Enclave Subdivision Exhibit C d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits, f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix 0 Section 0103.6 Signs. 8. Operational fire hydrants, temporary or permanent street signs and access roads with an aU weather surface are required before combustible construction is brought on site. 9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support, The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staffthe facilities, 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). The Enclave Subdivision Exhibit C b, For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903,3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed, 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Construct the north-south section of North Inglenook Avenue with 50-feet right-of-way, 36-feet street section, 5-foot concrete sidewalks with curb and gutter. 2. Construct the turnaround with 36-feet right-of-way, 25-feet street section, 5-foot concrete sidewalks with rolled curb and gutter, Provide a minimum curb radius of 18-feet at any change of direction of the curb line on the turnaround. 3. Construct and pave the common driveway on each side of the east-west portion of the "T". 4. Barricade the common driveway on the northwest property line to restrict access to South Locust Grove Road. The barricade shall be approved by the Meridian Fire Department. The Meridian Fire Department may require the applicant to construct a gate or bollards as a barricade, to allow emergency access only. 5. Provide written approval from the Meridian Fire District for the non-standard turnaround. 6, Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. The Enclave Subdivision Exhibit C 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify aU existing utilities within the right-of- way, The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. TIle Enclave Subdivision Exhibit C EXHIBIT D The Enclave Subdivision AZ-05-031, PP-05-031 Required Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'Medium density' is defined as areas including single-family homes at densities oftbree to eight dwelling units per acre with the allowances of smaller lots for residential purposes. The applicant is requesting that all the subject site be zoned R-4 (Medium-Low Density Residential). The R-4 district allows for a maximum of four (4) dwelling units per acre (MCCll-7-2.B). The proposed residential density for this site is 3.28 gross dwelling units per acre as calculated by the applicant, or 9 units per 2.74 acres. Staff finds that the proposed zoninll desi!ffiation R-4 is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map which designates the land to be Medium Densitv Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of The Enclave Subdivision is 3.28 dwelling units per acre which is slightly lower than surrounding developments but not outside the acceptable tolerance for infill development. Inglenook 3.35 du/acre - Sageland 3.85 du/acre -Chesterfield 4.63du/acre. The following Comprehensive Plan policies support this proposal: · Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: The Enclave Subdivision Exhibit D Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3, The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office, Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD), This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1 ) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. · Support a variety of residential categories (1ow-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium- density residential development. This proposal meets the Comprehensive The Enclave Subdivision Exhibit 0 Plan definition of medium-density, with a gross density of 3,28 dwelling units per acre. · Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The street connections provided from inglenook have been connected as planned (see ACHD report for details). This subdivision is the last infill development in the near vicinity and will not be required to stub to adjacent properties as there is no further development expected at the boundaries of this development. · Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Eight Mile Creek waterway is the only distinguishable natural feature at this location. Staff feels the open ftncing and maintenance free of noxious materials will enhance the surrounding area. Wetlands, and alternate natural resources are absent from this site and the subject property has designed the common/open space around preserving the eight mile creek corridor for wildlife habitat and enhancing the waterways. · Develop policies and incentives to encourage infiU and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested a slightly lower density relative to the immediate vicinity and will be developing larger lots with a unique neighborhood attractiveness, The applicant has continued the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets. · Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for aU economic levels in a variety of areas, (Chapter VII Goal V Objective A) The anticipated products for the site will be unique single family residences available to individual buyers who are seeldng a medium-large lot closer to the urban center. · Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density, size of lots and unique roadway design will allow for a less dense proposal with larger lots, not requiring special circumstances, TIle Enclave Subdivision Exhibit D · Apply design and perfonnance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not forsee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will remain and the size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out. Staff finds that the proposed R-4 zoning designation is hannonious with and in accordance with the Comprehensive Plan B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that single-family residential uses are allowed within the requested zoning district of R-4, Medium-Low Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation, D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that recent residential developments to the south have been approved for development similar to the proposed subdivision, with single-family residences. Development in the area has limited the main trunk sewer capacity. Currently sewer is available in N. Inglenook avenue that stubs into this project from Inglenook Subdivision, There are currently sewer capacity concerns south of the freeway; however this development is not sewering out of its service area to the Ten Mile Trunk. Therefore it does not contribute the capacity concerns. The Enclave Subdivision Exhibit D Based on the ACHD Long Range 2030 proposal, Locust Grove Road is anticipated to eventually be a 3-lane roadway abutting this site. However, Locust Grove Road is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. Local Street ofN. Inglenook Way is an ACHD rights-of-way and provides a stub connection to the property. ACHD and the City of Meridian will require the proposed development connect these roadways as proposed. The design for Inglenook Ave within Enclave Subdivision shall meet the requirements of the turnarounds as approved by the Meridian Fire Department. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the requested zoning and proposed density meets the anticipated range for a medium density urban project. Based on the Comprehensive Plan, staff believes that the existing parcels in the area (south and north and east) have already developed with similar densities and allowances for alternate products and designs are encouraged. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be hannonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards ofMCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." The applicant has buffered the Eight Mile Creek with an open space/drainage lot which exceeds the requirements for development under five acres. The existing character of the area will not change as this is one of the final infill developments in the vicinity. Staff does not find that the proposed zoning/uses will adversely change the essential character of area. Staff recommends that the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed as proposed. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction The Enclave Subdivision Exhibit D traffic and house construction is conducted in a manner consistent with City Code. Access to Locust Grove Road shall be taken through the stub streets as designed and directed to Inglenook Way, This will create additional traffic, especially construction traffic during build-out, This change could be considered disturbing to residents in Inglenook Subdivision as access to Locust Grove Road must be taken through their neighborhood. According to ACHD, Inglenook Avenue shall be designated one side "No Parking" which should not create a problem for visitor parking at this location. Further, Meridian Fire will require the common drives to be constructed with a minimum of 24 feet of paved surface. Furthennore, a secondary/emergency access is shown with a connection through the existing parcels easement across the Locust Grove fronting property, west of the proposed development. The common lot listed as Lot 8 Block 1 will require fencing to separate the Eight Mile Creek from residential uses. The Eight Mile Creek is a steep-banked and potentially hazardous waterway which should be fenced in such a manner as to be non-combustible and impede all access to the creek or as required by Nampa Meridian Irrigation District. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. On July 27,2005, ACHD staff will hold tech review on the subject applications, ACHD has not submitted a staff report with site specific and standard conditions, but Meridian City staff should have the report prior to the Planning Commission meeting of July 21,2005 (Agency Comments and Conditions when received will be included with this report). The Enclave Subdivision Exhibit D On July 1, 2005, ajoint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street extension into the site from Inglenook Subdivision which will connect with Locust Grove Road, a minor collector. ACHD is supportive of the proposed stub street extensions as previously approved. The landscaping plan will not be required as there are no arterial roadways on site and ACHD does not require dedication of rights of way, If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. However, city staff would propose a design to allow The Enclave Subdivision Exhibit 0 parking on at least one side of the street and approved by ACHD even if the design is amended to reduce lots. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Fencing the Eight Mile Creek along the eastern boundary of the proposal should provide wildlife and open areas adequate protection from residential uses. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware, L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Staff does not recommend lot sizes that would be invasive to the properties to the north and south of the subject property but the lot sizes should be similar in nature and allow additional residential densities and product opportunities for the general vicinity. Subdivisions of medium density have already been approved for development to the south and this is a logical expansion of the City limits for an infill project. In accordance with the findings listed above, staff finds that annexation and zoning of this orooertv would be in the best interest of the Citv. PRELIMINARY PLAT ANALYSIS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The proposed density of3.28 dwelling units per The Enclave Subdivision Exhibit D acre (gross) is in the recommended dwelling units per acre for the comprehensive designation. Staff supports the proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) c. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Staffrecommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to detennine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end ofthis report for more detaiL) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Lot 3 of Block I has the existing home site for the parcel of record. Along with the parcel of record is the recorded easement for ingress egress to Locust Grove Road. Currently the parcel is landlocked and no public street frontage was provided prior to Inglenook Subdivision being recorded. The easement for the parcel of record will not be required to be vacated, but shall be maintained as ingress egress for Emergency Access Only. The developer shall provide appropriate signage as to the designation of the existing driveway easement. No lots shall directly take frontage or access from Locust Grove Road. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. The Enclave Subdivision Exhibit D tletlX !tJfrlir~tv~1L /!,,!;2e:- ?A~ ~ CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 23,2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 26, 2005 City Council Regular Meeting: B. Sanitary Sewer Easement Aareement for Devon Park (Lots 1, 2, & 3): C. Development Agreement: AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: D. Water Main Easement Aareement for Advance Health Care by Copper Point Investors, LLC: E. Water Line Easement Aareement for Bonito Subdivision No.3: F. Notice of Award and Aareement for Construction of mini-Dark at Fire Station No.4 between the City of Meridian and RSCI: Meridian City Council Meeting Agenda - August 23, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Revised 8-22-05 G. Award of Bid for Meridian Settler's Park Ustick Road Improvements to Hillside Landscape Contractors: H. Approve Beer License for Maverick Country Store _ 1545 East Overland Road: 1. Hold Harmless Aareement for Particioation in Activities AndlOr Use of Facilities with Meridian Joint School District No. 6: 6. Department Reports: A. Planning Department - Brad Hawkins-Clark 1. Presentation of DEQ Brownfield Aoolication: 2. Discussion of Letter from Flovd Robinson: B. City Attorney - Bill Nary 1. Citizen's Compensation Recommendation: Review Committee 2. Proposed Ordinance for Mavor and Citv Council Compensation: C. Park's and Recreation Department - Elroy Huff 1. Award of Bid for Autumn Faire Neiahborhood Park Development to Hillside Landscaoe Construction: D. City Council President - Shaun Wardle 1. Resolution No. Ratifvina the Council Action and Recommendation to the Ada Count\( Hiahwav District for a Downtown Meridian Traffic Plan: 7. Items Moved from Consent Agenda: 8. FP 05-054 Request for Final Plat approval of 52 single-family building lots and 7 common area lots on 8.06 acres in an R-8 zone for Champion Park Subdivision No.5 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: Meridian City Council Meeting Agenda - August 23, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. Revised 8-22-05 "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 9. Public Hearing: AZ 05-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC- 2620 South Locust Grove Road: 10. Public Hearing: PP 05-031 Request for Preliminary Plat approval of 9 single-family residential building lots and 1 common area lot on 2.74 acres in a proposed R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: 11. Public Hearing: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-Q zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: 12. Public Hearing: AZ 05-027 Request for Annexation and Zoning of 5.502 acres to R-B zone for Maxfield Subdivision by The Land Group _ 3295 East Falcon Drive: 13. Public Hearing: PP 05-027 Request for Preliminary Plat approval of 2 residential building lots on 4.7 acres in a proposed R-B zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: 14. Public Hearing: CUP 05-034 Request for a Conditional Use Permit I Planned Development approval for one single-family home and five retirement homes on two lots in a R-B zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: 15. Public Hearing: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation _ 596 East Edgar Street: 16. Public Hearing: TCU 05-001 Request for transfer of Conditional Use Permit for a child care center for ABC Childcare and Preschool by Leslie Gonzalez - 650 West Broadway Avenue: 17. Public Hearing: MI 05-008 Request to modify the approved Development Agreement for Cedar Sorinas Professional Center by Lynn Brown - northeast corner of Venable Lane and West Ustick Road: 18. Public Hearing: VAR 05-015 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping Meridian City Council Meeting Agenda - August 23, 2005 Page 3 of 4 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. Revised 8-22-05 requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: 19. Ordinance No. AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: 20. Executive Session per Idaho State Code 67-2345(1)(a)(b)(c)&(f): Meridian City Council Meeting Agenda - August 23, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~\.L0J:i ~ lD\- {nr ~olo\{ vNcrtt _ -=\httll\b \, CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 23,2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 26,2005 City Council Regular Meeting: B. Sanitary Sewer Easement Aareement for Devon Park (Lots 1, 2, & 3): C. Development Agreement: AZ 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: D. Water Main Easement Aareement for Advance Health Care by Copper Point Investors, llC: E. Water Line Easement Aareement for Bonito Subdivision No.3: F. Notice of Award and Aareement for Construction of mini-oark at Fire Station No.4 between the City of Meridian and RSCI: G. Award of Bid for Meridian Settler's Park Ustick Road Improvements to Hillside landscape Contractors: Meridian City Council Meeting Agenda - August 23, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Approve Beer License for Maverick Countrv Store - 1545 East Overland Road: Hold Harmless Aareement for Particioation in Activities AndlOr Use of Facilities with Meridian Joint School District No. ~: 6. Department Reports: A. Planning Department - Brad Hawkins~Clark 1. Presentation of DEQ Brownfield Aoolication: B. City Attorney - Bill Nary 1. Citizen's ComDensation Recommendation: Review Committee 2. Proposed Ordinance for Mavor and Citv Council Comoensation: C. Park's and Recreation Department - Elroy Huff 1. Award of Bid for Autumn Faire Neiahborhood Park Develooment to Hillside Landscaoe Construction: D. City Council President - Shaun Wardle 1. Resolution No. Ratifvina the Council Action and Recommendation to the Ada Countv Hiahwav District for a Downtown Meridian Traffic Plan: 7. Items Moved from Consent Agenda: 8. FP 05-054 Request for Final Plat approval of 52 single-family building lots and 7 common area lots on 8.06 acres in an R-8 zone for Chamoion Park Subdivision No.5 by Hillview Development Corporation - west of North Eagle Road and north of East Ustick Road: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " Meridian City Council Meeting Agenda - August 23, 2005 Page 2 of 4 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Public Hearing: AZ 05-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC _ 2620 South Locust Grove Road: 10. Public Hearing: PP 05-031 Request for Preliminary Plat approval of 9 single-family residential building lots and 1 common area lot on 2.74 acres in a proposed R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: 11. Public Hearing: AZ 05-032 Request for Annexation and Zoning of .56 acres from R6 to L-O zone for West Carol Street Professional Center by James and Carrie Jewett - 1560 Carol Street: 12. Public Hearing: AZ 05-027 Request for Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: 13. Public Hearing: PP 05-027 Request for Preliminary Plat approval of 2 residential building lots on 4.7 acres in a proposed R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: 14. Public Hearing: CUP 05-034 Request for a Conditional Use Permit / Planned Development approval for one single-family home and five retirement homes on two lots in a R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: 15. Public Hearing: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation _ 596 East Edgar Street: 16. Public Hearing: TCU 05-001 Request for transfer of Conditional Use Permit for a childcare center for ABC Childcare and Preschool by Leslie Gonzales - 650 West Broadway Avenue: 17. Public Hearing: MI 05-008 Request to modify the approved Development Agreement for Cedar Sorinas Professional Center by Lynn Brown - northeast corner of Venable Lane and West Ustick Road: 18. Public Hearing: VAR 05-015 Request for a Variance for the reduction of parking spaces required and modification of parking lot landscaping requirements for Mike Palmer by Mike Palmer - 1524, 1608 and 1616 North Meridian Road: 19. Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Council Meeting Agenda - August 23, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting, Meridian City Code; Re~Enacting a New Title 11 To Be Known As the Unified Development Code (3rd of 3 Readings): 20. Ordinance No. 05~1171 : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (3rd of 3 Readings): 21. Ordinance No. AZ 05~019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: 22. Executive Session per Idaho State Code 67~2345(1)(a)(b)(c)&(f): Meridian City Council Meeting Agenda - August 23, 2005 Page 4 of 4 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. CITY OF MERIDIAN DATE TIME TO/FROM MODE M1N/SEC PGS CMDIl STATUS 134 08/23 15'10 IJALLEY TIMES G3--S 121121'35" 1300 217 INC 135 08/23 15: 12 3810160 EC--S 131' 55" 004 217 OK 06 08/2315:14 PUBLlC ",ORKS EC--S 01'137" 004 217 OJ< 07 08/23 15:168841159 EC--S 131'07" 0134 217 OK 138 08/23 15:17213888413744 EC--S 01'139" 004 217 OK 139 00/2315:19 POLlCE DEPT EC--S 131'137" 004 217 OK 113 08/23 15'21 8985501 EC--S 131'06" 0134 217 OK 11 138/23 15'22 LlBRARY EC--S 131'27" 0134 217 OK 12 08/23 15:249212183776449 EC--S 131'1217" 004 217 OK 13 00/23 15: 26 3886924 EC--S 01' 137" 004 217 OK 14 138/23 15:27 P-AND-Z EC--S 01'07" e134 217 OK 15 08/23 15:29 FIRE DEPT EC--S 1211'136" 13134 217 OK 16 00/23 15: 31 1283001340 G3--S 131' 29" 004 217 OK 17 00/23 15'33208 387 6393 EC--5 131'06" 004 217 OK 18 1218/23 15:34 ADA CTY DEVELMT EC--S 01'07" 01214 217 OK 19 138/23 15:36 213888851352 EC--S 131 '138" 1304 217 OK 213 08/2315:38 IDAHO ATHLETIC C EC--S 1211'138" 004 217 OK 21 08/23 15:39 lD PRESS TRIBUNE EC--S 01'07" 004 217 OK ----~~---~~:=_:=~~:_~~~~~~~~~:_--------_::==:_--~:~~~~-~~-----~~----~~----------------- Ileax IlJff-fir f'~ /loli~ - ~ CITY OF MERIDIAN CITY COUNCIL MEETING AGE;NDA Tuesday, August 23, 2005 at 7;00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-calf Attendance: Shaun Wardle ~ Christine Donnell - Charlie Rountree Keith Bird - _MayorTammydeWeerd 2. Pledge of Allegiance: 3. Community Invocation by BUd Henthorn, with Meridian Gospel Tabernacle: Adoption of toe Agenda: 5. Consent Agenda: A. Approve Minutes of July 26, 2005 City Council Regular Meeting: B. Sanitary Sewer Easement Aareement for Devon Park (Lots 1, 2, &3): C. Development Agreement: AZ. 05.019 Request for Annexation and Zoning of 10.9 acres from RUT to C.G zone for Dorado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: D. Water Main Easement Aareement for Advance Health Care by Copper Point Investors, LLC: E. Water Line Easement Aareement for BonIto Subdivision No.3: F. Notice of Award and Aareement for Construction of mini.Dark at Fire Station No.4 between the City of Meridian and RSCI: M~ridian City Council Mealing Agenda - August 23, 200S Page 1 of" All materials pres anted at pUblic meetings shall bacome property oftha City of Meridian. Anyone deSiring accommodation for disabilities related to documents and/or hearings. please contact the City Clark's Office at 888-4433 at least 48 hours prior to the public meetlng. \ ** TX CONFIJ.., DATE TIME TOI'FROM MODE MIWSEC PGS CMD~ STATUS 132 1381'19 15'52 3810160 EC--S 132'00" 1304 2133 OK 133 081'19 15'54 PUBLIC lJORKS EC-S 131'113" 004 2133 OK 134 081'19 15: 56 1213846644135 EC-S 131' 11" 0134 203 OK 135 001'19 15: 58 2088840744 EC--S 131' 12" 0134 2133 OK 06 001'19 16: 00 POLICE DEPT EC-S 01' 10" 004 203 OK 07 001'19 16: 01 8985501 EC-S 01 '09" 1304 203 OK 00 1381'1916'03 LIBRARY EC--S 01'31" 1304 203 OK 09 1381'19 16'05 IDAHO STATESMAN EC--S 01' 10" 1304 203 OK 10 1381'19 16:137 3886924 EC-S 01' 10" 13134 203 OK 11 1381'19 16:08 P-AND-Z EC--S 01 '09" 004 203 OK 12 001'19 16' 10 ALL AMERICAN INS EC--S 131'139" 0134 203 OK 13 081'1916'12 FIRE DEPT EC--S 01'09" 004 203 OK 14 081'19 16' 14 1283001340 G3--S 01' 32" 1304 203 OK 15 1381'19 16' 16 208 387 6393 EC--S 01'09" 00<1 203 OK 16 1381'19 16' 17 ADA CTY DElIELMT EC--S 01'10" 004 203 OK 17 081'19 16= 19 20888850S2 EC-S 01'10" 084 283 OK 18 081'19 16'21 CHERRY LANE G3-S 02'27" 084 2133 OK 19 081'1916:24 IDAHO ATHLETIC C EC-S 01'10" 1304 203 OK 20 081'1916:26 ID PRESS TRIBUNE EC-S ral'lli:l" 01i:l4 203 OK 21 08/19 16: 28 2088886701 EC--S 131' 113" 004 203 OK ---==---~~~:=_:~~:=-~~~::~=--------------_:====---~:~:::_~~-----=~:_---~~----------------- ~\.tll.9)u ~C&-f ~{ ~olo\tC/NBt\cL~~V\r,~\_ CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 23, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Roll-call Attendance: Shaun Wardle _ Christine Donnell == Charlie Rountree Keith Bird _ MayorTaimiiy de Weerd 2. Pledge of Allegiance; 3. Community Invocation by Shawn Ragan, with Church of God Seventh Day: 4. Adoption ofthe Agenda: 5. Consent Ag~!nda: A. Approve Minutes of July 26,2005 City Council Regular Meeting: B. Sanitary Sewer Easement Aareement for Devon Park (Lots 1, 2, &3): C. Development Agreement: AZ. 05-019 Request for Annexation and Zoning of 10.9 acres from RUT to C-G zone for Dor.ado Subdivision by Kimball Properties, LLC - NWC of South Eagle Road and East Overland Road: D. Water Main Easement Aareement for Advance Health Care by Copper Point Investors, LLC: E. Water Line EasElment AQreemer1l for Bonito Subdivision NO.3: F, Notice of Award and Aareement for Construction of mini-Dark at Fire Station No.4 between the City of Meridian and RSCI: G. Award of Bid for Maridian Settler's Park Ustick Road Improvements to Hillside Landscape Contractors: ,,~1?5~~~~~~~rsEf~~:~~.;:, August 19,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Kimball Properties, LLC AZ 05-019 August 23, 2005 ?If I q ITEM NO. REQUEST Ordinance - Request for Annexation and Zoning of 10.9 acres from RUT to C-G zones for Dorado Subdivision - northwest comer of South Eagle Road and East Overlanc Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance 111:; ~~/ o1fv-Y Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DA'.'I~.... NAVARRO AMOUNT 00 5 BOISE IDAHO 09/02105 10:40 A, .. . ~~~~~E~~~~eQ~~~~W~g 11//11111111111111111111111111111 J III Meridian City 105127513 CITY OF MERIDIAN ORDINANCE NO. 615'-(113 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-019 DORADO SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SE 14 OF THE SE % OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN,' ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-G (GENERAL RETAIL AND COMMERCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Kimball Properties, Limited Partnership SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT (Ada County) to C-G (General Retail and Commercial) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property . SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-OS-019 DORADO SUBDIVISION - Page 1 of3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk ofthe City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials ofthe County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23 ~day of ,~I- .2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2;,tr~ dayof ~Jc...rl- ,2005. .~ \\\\,\\11111111111////1 ",,\ '-t Of ~ /111/ ATTEST: ~~ ~~'~ f ~~~\ J/~p~( ~( , ] WILLIAM G. BERG, JR., CITY C~ ~ .~.,.. ......1'. 0 f ~ ' 16 I . ~ ,......... ~J'/IIII ~ . ~~\\,," 1/lllff,,,, "1\\1\\\'\ ANNEXATION OF AZ-05-019 DORADO SUBDIVISION - Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this J3 '~ay of A~"~J- ,2005, before me, the undersigned, a Notary Public in and for said State, personal1 appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~",,",;~~~t~~';,,###. !~.... '\~....".......~,;- ;..\ ! * f l'lOT 4/(J \~ \ ! i ....... i ~ : \~\.. -PUBUC l i ""'''..''1 )~"~""Q""""oc.~<:::, .....1 ####~..~~.. ~~~~~\~..~.." ~ ~TA PUBLIC FOR IDAHO SIg G AT: Meriel/Of^- ;::c1tdw ~OMMISSION EXPIRES: ~7 ANNEXATION OF AZ-05-019 DORADO SUBDIVISION - Page 3 on DESCRIPTION FOR DORADO SUBDIVISION APRI L 1, 2005 A PARCEL OF LAND LOCATED IN THE SE 1;4 OF THE SE 1;4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEMCING AT THE SOUTHEAST CORNER OF SECTION 17, T.3 N., R. 1 E., B.M., THENCE S 89046'18" W 95.86 FEET ALONG THE SOUTH LINE OF SAID SECTION 17 TO A POINT; THENCE N 00000'00" W 70.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89046'18" W 881.94 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO A POINT; THENCE N 00007'14" W 148.00 FEET TO A POINT; THENCE N 89046'18" E 300.90 FEET TO A POINT ON THE EASTERLY BOUNDARY OF OVERLAND WAY SUBDIVISION; THENCE N 00006'14" W 586.38 FEET ALONG THE EASTERLY BOUNDARY OF OVERLAND WAY SUBDIVISION TOA POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84; THENCE S 79023'26" E 79.57 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT; THENCE N 89019'30" E 466.94 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT; THENCE S 44058'24" E 69.87 FEET ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 84 TO A POINT ON THE WESTERLY RIGHT OF WAY OF EAGLE ROAD; THENCE S 00040'30" E 653.43 FEET ALONG THE WESTERLY RIGHT OF WAY OF_EAGLE ROAD TO A POINT; THENCE S 44033'19" W 28.21 FEET ALONG THE WESTERLY RIGHT OF WAY OF EAGLE ROAD TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. 18196SUB 184 J' S 79'23'26" N 89'19'30" E 1'1'1'1'& I 79.57' E: 466.94' 6',,9 (9- .&->~5t"!. f.r> ~ v tri I.() co w ~ ;rro .rn to. o(,Q DcxJ gLO Z o o ~ t4") 0::: o ~ v CD o is a (f) U) 3: N 891146'18" E ;r 300.90' ~.. 00 110 04 000 V z~ S 891146'18" W 881.94' 16 21 S 89'46'18" W E OVERLAND ROAD REVIS10NS BOUNDARY EXHIBIT FOR DORADO SUBDIVISION SE 1/4 SECTION 17. T.3 NqR.1E., 8.M. ADA COUNTY, IDAHO ..~ Stanley Consultants 1Ne. 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 JOB NO. 18196 DATE: 4/5/05 DRAWN: MEM SCALE: 1>>"'200' NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- 1/73 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SE lit of the SE Y4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 10.9 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance\shttltHe'Cbme."effi.ective on the :t-3t"tt day of ~ ~~~.~~ a.L. ri- ,2005. "" ~'\ v41"./ ! a ~P0it.t~ ~ //~~ ~ <;;; 6., _ ' ~AL \ "P'n. "R. j ~ ..,~ '-~r 151 . R $ .- '/~)'///II 00UNTi ' ~~\\""~ First Reading: fl..-.? '3"" tfJG 1111,,,, .""II Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES~ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- 1/7 ~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- 1/7 ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code g 50-90 IA (3). DATED this 3't day of AvL-~ c.);: , 2005. U JLi1 ./. -:J.---1 William. L.M. Nary ~ City Attorney ORDINANCE SUMMARY - AZ-05-05-019 DORADO SUBDIVISION - Page 1 August 19, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT August 23, 2005 ITEM NO. '1!1 2. 0 REQUEST Executive Session per Idaho State Code 67-2345(1 Ha}{b)lc)&{fj AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: r)2j/J fP" yvD Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. j/ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 5.5 Acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Two (2) Buildable Lots on 4.7 Acres AND Conditional Use Permit Approval for a Planned Development Consisting of an Assisted Living Facility Containing 5 Buildings with Each Building Containing 15 beds for Maxfield Subdivision for Maxfield Subdivision, by The Land Group, Inc. Case No(s): AZ-05-017, PP-05-027, CUP-05-034 For the City Council Hearing Date of: August 23, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the August 23, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027 / PP-05-027 / CUP-05-034- PAGE I of5 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Cottage Investors II, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary Plat dated May 13,2005 as shown in Exhibit B, the Site Plan dated May 13,2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027 / PP-05-027 I CUP-05-034- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated May 13, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 13, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or'in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 Clerknot more than twenty-eight (28) days after the final decision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027/ PP-05-027 / CUP-05-034- PAGE 3 of5 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. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings B~ action of the City COllllcil at its regular mecting held on the ~3rd I ~u ~'h , 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-027/ PP-05-027 / CUP-05-034- PAGE 4 of5 MAYOR TAMMY de WEERD (TIE BREAKER) .---... VOTED_ and City Attomey. By: ,~ ~~~ City Clerk's Office Dated: q-\ :>-Ch CITY OF MERl DlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-05-027 / PP-05-027 / CUP-05-034- PAGE 5 of5 EXHIBIT A Maxfield Subdivision AZ-05-027 Legal Description North 88"37'23" East a distance of 127.44 feet to a point at the beginning of a curve to the left; along said curve to the left having a length of 20.08 feet, a radius of 75.00 feet, a central angle of 15"20'25", tangents of 10.10 feet, and a long chord which bears North 80"57'11" East, a distance of 20.02 feet to a point; North 73"16'58" East a distance of 65.38 feet to a point; thence leaving said center line South 16"43'02" East a distance of 25.00 feet to a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612" at the north corner common to Lots 5 and 6 Block 1 of the Amended Plat of Lots 3, 4, 5, 6 and 7 of Golden Eagle Estates Subdivision: thence along the hne common to said Lots 5 and 6. South 00"21 '38" West a distance of 467.09 feet to a set 5/8 inch rebar with plastic cap stamped "FLSI PLS 7612" at the south corner common to said Lots 5 and 6 and to the North 1/16 line of said Section 28; thence along Ihe south line of said Lot 5 and along said North 1/16 line North 89"30'16" West a distance of 455.55 feet to the TRUE POINT OF BEGINNING. Containing 5.502 acres, more or less. Subject to existing easements and flghts-of-way as any may eXist. of record or not of record The Basis of Bearings for this description is between the found Brass cap marking the Northwest comer of Section 28, 1. 3N. R 1 E, from which the found Brass Cap marking the North Yo corner of Section 28 bears South 89"36'03" East END OF DESCRIPTION TImothy J. Fox, PLS 7612 L>'rR())f.~"N"'J1X!~'i)S.ooR rRN'IWJ~<:I'Dl'.S(:RII'TION"'.~~8~UU ANNP.X l)ESC Lxx: ~~~~, ~!;;.RI[;JAU F LiSl'" WCi"KStH,;;:;Jl I >~wILJ~_~ ~ --.~ z I :r~-il~- i IP I u!= : ~H~J I ~H~i : hsi~ ! Hh~ ., ~~ ~ ~!j II ~5Ui~ ~~: HUD~~U !~! ~1!1J[!lJ: ! ~ I I f II:: I T--::;?/- [ ; -...-;;;-/ _/ 7-n 1<1 ,// ~l~ _ __)1 ~ ~-- ~--~ '--- ---- ---- - -_..~"*~. --- - -l~1 I I I I: I ~ge : I I ~ : i I ~: ! I ~ ~ 18 Il~ I! 1 I~ ~ I I~J1~: ! ,.~~\~: j . ---;:;~-~~;~_h____' ~~-r~ "2:,~'~ s-.:u.....L:5:;.1 ~v3 N;lCll"lOO l.. 0.....". 9 'g ..... 'c Si.LO"1 ,:10 .1-V,,,,, 0'30t.Qnrl,l' L) ;;; vi >- LLi > n::: ::.J (/) Q ~ X o U ~ ~ ~ :J!--- ~j. EXHIBIT B Maxfield Subdivision PP-05-027 Approved Preliminary Plat ~l ii, MAXFIELD SUBDIVISION CITY OF MERIDIAN AnI, COLlNlY. iDAHO EXHIBIT C Maxfield Subdivision CUP-OS-034 Approved Site Plan ~I" i~ ..~...'l'~. [I ! ~: MAXFIELD SUBDIVISION CITY OF MERIDIAN ADI\~GOUNfY lOPHO EXHIBIT D Maxfield Subdivision AZ-05-027 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The legal description submitted with the application (dated 5-13-05, stamped by Timothy 1. Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation and zoning ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: · That the applicant agrees to construct no more six (6) additional primary structures on this site. Said structures shall be limited to five (5) retirement homes and one (1) clubhouse building. · That the applicant is reauired to hook-up the existim! sm!!le-familv home to city sewer and water with the construction of Phase 1 not before. EXHIBIT E Maxfield Subdivision PP-OS-027 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the concurrent Annexation and Zoning (AZ-05-027) and CUP/PD (CUP-05-034) applications shall also be considered conditions of the Preliminary Plat (PP-05-027). The preliminary plat prepared by The Land Group, Inc., dated 5-13-05 and labeled PP-l is approved with the changes and notes listed below. 2. The Landscape Plan prepared by The Land Group, Inc., labeled sheet Ll.0, dated 5-13-05) is approved with the following modification: · In addition to the 20-foot wide buffer along the south property line and along the north property line of Lot 1 that is adjacent to Lot 2, construct a 20-foot wide landscape buffer along the east property line adjacent to the retirement homes. 3. Prior to the City Engineer's signature of the final plat, the existing structure(s) on Lot 1 shall be removed, as proposed. 4. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. The applicant shall be responsible to prove to the Public Works Department that a surface or well source is not available prior to using City water as its primary source. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 5. All irrigation ditches) laterals or canals, exclusive of natural waterways) intersecting) crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district) or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained) plans will be reviewed and approved by the City Engineer prior to final plat signature. 6. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided) temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building pennits. All fences shall taper down to 3 feet maximum within 20 feet of all right- of-way. All fencing should be installed in accordance with MCC 12-4-10. Construct a 5-foot tall vinyl fence around the perimeter of the subdivision. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for a1l off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Enviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. The applicant shall be responsible for the assessments and the actual connection of sewer and water to the existing house located on this project. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-] -4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. 11. Sanitary sewer to this site is being proposed via extension of a main line located in Eagle Road past the southern boundary of this project. The conceptual engineering shows the sewer at design grades greater than the minimum allowed for eight-inch sewer. The applicant shall be responsible to construct sewer mains to and through this project. Subdivision designer to coordinate main sizing, grades, and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 12. All sewer and water mains that are not in the ACHD right-of-way shall be centered in 20-foot wide easements, said easements shall be free of mature landscaping and fixed vertical structures. 13. The applicant shall be required to pay Public Works development plan review, and construction inspection fess, as determined during the plan review process, prior to signature on the finallat per Resolution 02-374. 14. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 15. All required sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plates), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 16. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing installations. 17. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 1 DO-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. 18. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 19. Place a note on the face of the final plat stating that vehicular access to Eagle Road is prohibited. 20. The applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 21. The applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 22. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 23. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application(s). MERIDIAN FIRE DEPARTMENT 1. To qualify for an "R" occupancy, each building shall contain 5 or fewer non- ambulatory residents. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. NOTE: No turnaround required for driveway between buildings 1 and 2 due to buildings being fire sprinkled. 5. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the IntemationaI Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The proposed multi-family lot has an unknown population at build out The Melidian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. The first digit of the Apartments/Suites shall correspond to the floor level for any multi-story buildings. 12. The applicant shall work with Fire Department staff to provide an address identification plan including a pylon/monument sign at the required intersection (near the entrance). 13. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. All buildings shall be addressed off of Falcon Drive, not Eagle Road. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic splinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. MERIDIAN PARKS & RECREA nON DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be foJ1owed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The landscaping plan may need to be revised in accord with those discussions. 2. The proposed dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans if necessary. 3. The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right~of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 4 I-feet from the centerline of Eagle Road. 3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk. Provide the District with an easement for the sidewalk that extends outside ofthe right-of-way. 4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive approximately 138-feet west of the east property line, as proposed. Pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 5. All access to Eagle Road is prohibited. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway Disttict Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right~of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised dUling any phase of construction. 10. No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply wit Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT F Maxfield Subdivision CUP-05-034 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE/PD) 1. All conditions of the concurrent Annexation and Zoning (AZ-05-027) and Preliminary Plat (PP-05-027) shall also be considered conditions of the Conditional Use Permit (CUP-05-034). The Planned Development site plan prepared by The Land Group, Inc., on 5-13-05, labeled PD-l, is approved with the changes listed below. 2. The project shall confonn to the R-8 dimensional standards and uses, except as follows: + Multiple principal detached buildings may be constructed on a single lot. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP/PD application. 3. As Planned Development amenities, construct a gazebo, a flower bed of at least 800 square-feet, and a clubhouse, as proposed. Except for the clubhouse, which shall be constructed prior to issuaaee ef a CertiFieate ef Zeaiag Cen'rpIiaaec ~occulJancv of the fourth retirement building, all other reQuired amenities shall be constructed prior to occupancy of the first retirement home. 4. Set aside at least 10% of the gross land area for open space, as proposed. 5. All building construction shall substantially comply with the elevations prepared by Medical Design Group, Sheets 4.00 and 4.10. Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Building Code. 6. All parking and areas of circulation shall be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. MCC requires 90- degree parking stalls to be 9-feet wide by 19-feet long and have a minimum 25- foot wide drive aisle adjacent to them. 7. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Sidewalk shall be constructed adjacent to Falcon Drive, including adjacent to Lot 2. 8. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian P1alming and Zoning Department (MCC 11-19-1). 9. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 10. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application(s). MERIDIAN FIRE DEPARTMENT 1. To qualify for an "R" occupancy, each building shall contain 5 or fewer non- ambulatory residents. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. NOTE: No turnaround required for driveway between buildings 1 and 2 due to buildings being fire sprinkled. 5. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is at least 20' wide. 6. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 7. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 9. The proposed multi-family lot has an unknown population at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. The first digit of the Apartments/Suites shall correspond to the floor level for any multi-story buildings. 12. The applicant shall work with Fire Department staff to provide an address identification plan including a pylon/monument sign at the required intersection (near the entrance). 13. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. All buildings shall be addressed off of Falcbn Drive, not Eagle Road. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exte110r of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sp11nkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 16. There shall be a fire hydrant within 100' of all fire department connections. MERIDIAN PARKS & RECREATION DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The landscaping plan may need to be revised in accord with those discussions. 2. The proposed dwellings show more than 4 units that share a common entrance and/or stairwelL Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with the Police Chief to address these concerns and revise the plans if necessary. 3. The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval ]. Dedicate a total of 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 2. Construct a 5-foot concrete sidewalk on Eagle Road abutting the site. The sidewalk should be constructed a minimum of 4I-feet from the centerline of Eagle Road. 3. Construct Falcon Drive as one half of a 40-foot street section with vertical curb, gutter and a 5-foot detached concrete sidewalk. Provide the District with an easement for the sidewalk that extends outside of the right-of-way. 4. Construct a 24-foot wide curb return type driveway that intersects Falcon Drive approximately 138-feet west ofthe east propel1y line, as proposed. Pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 5. All access to Eagle Road is prohibited. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building penuit (or other required penuits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the appLicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain cunent best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Inigation District and no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Inigation District requires that a Land Use Change Application is filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply wit Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Inigation District. EXHIBIT G Maxfield Subdivision AZ-05-027 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; City Council finds the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential." The purpose of this designation is "to allow for the development of single-family homes at densities of three dwelling units or less per acre... Density bonuses may also be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services." (See Chapter VII, pg. 95.) The applicant has submitted a letter listing several Comprehensive Plan policies that support the proposed applications. The requested R-8 zone is a medium density residential zone. The Comprehensive Plan allows one "step" (i.e. low to medium) in densities/zoning without requiring a Comprehensive Plan amendment. The applicant is requesting the one step up in density because retirement homes are not permitted in low density zoning districts; the R-8 zone is the first available zone to operate retirement homes. City Council finds that if the City allows this parcel to step up one residential zoning district, the requested R-8 zoning will generally conform to this stated purpose and intent of the low density designation, as allowed by Note #2 on the Future Land Use Map. B. Is the area included in the zoning amendment intended to be rezoned in the future; If the concurrent preliminary plat and conditional use permit applications are approved, City Council does not believe that the applicant intends to rezone the property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a ('esidential area turning into a commercial area by means of conditional use permits; The applicant calls the proposed buildings "assisted living" facilities, which are undefined in MCC 11-2-2, but listed as a condition use in MCC 11-8-1. "Retirement Homes", listed as a conditional use in MCC 11-8-1, but undefined in MCC 11-2-2, have generally been defined by the City as being independent living areas with residents capable of self-preservation. Housekeeping and family-style dining services will be provided to the residents of this community, but the residents will require minimum assistance (see Applicant's letter). City Council believes that this will be a non-convalescent facility with residents capable of self- care. Although retirement homes, nursing homes, and assisted living all require conditional use pennit approval in the requested R-8 zone, based on the applicant's letter City Council has determined the proposed development to be a retirement home. Therefore, the concurrent CUP application must be approved for the development to proceed. The existing single-family home on the proposed Lot 2 is allowed in the requested R-8 zone. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Within the last couple of years, this area has substantially changed. Messina Village, Tuscany Lakes, Soda Springs and Sutherland Farms Subdivisions have all begun constructing homes on what was once agricultural land. Further, Kingsbridge Subdivision was also recently approved for residential development along Eagle Road in this section. Eagle Road was widened between Overland and the Ridenbaugh Canal recently, approximately % of a mile to the north. Falcon Drive has been constructed as a local street abutting the site. Eagle Road adjacent to this site not been widened in the recent past, but the Eagle RoadNictory Road intersection is scheduled for improvements in 2006. The majority of the land uses in the area are still rural with low to medium residential densities. Although the proposed use is not really similar to any of the other uses in the area, City Council believes that the proposed zoning for a retirement community seems to be appropriate for this site and should be compatible with other land uses in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. According to the Future Land Use Map, this area is intended for low density residential uses. City Council finds that the proposed uses, if designed, constructed and operated in accordance with adopted city ordinances and the PP and CUP conditions of approval, should be harmonious and appropriate in appearance with the existing and intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the proposed units for the elderly should be compatible with, and compliments the existing single-family residences to the north, south, east and west. The Commission and Council shall rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is available in Eagle Road past the southern boundary of this project. Water is available in Eagle Road for the entire frontage of this property. The applicant and/or future propeliy owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On July l, 2005, a joint agency and department comments meeting was held with representatives of key service providers to this property. Based on the joint meeting and other comments received from agencies and departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. City Council finds that the subject property can be served adequately by all essential public facilities and City services. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The Meridian Fire Department has commented that developments for the elderly may have the potential for more services than typical single-family residential developments. As noted in the finding above, all public facilities and services can be provided to this site. All required site improvements will be funded and constructed by the applicant/developer. City Council finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed uses will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestIians may generate additional noise for surrounding properties. However, City Council does not believe that the additional traffic and noise should be excessive. City Council finds that the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, if all conditions included in the report are complied with. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; City Council finds that any future use of this site will impact the level and flow of traffic on the surrounding streets. Access to this site is proposed via two driveways to Falcon Drive, a local street. One driveway will serve the existing home, and the second driveway will serve the retirement community. No access to Eagle Road is proposed. The applicant should comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. City Council finds that the proposed vehicular approaches to Falcon Drive, should not create interference with traffic on surrounding public streets (Please see ACHD report for more information). K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" The legal description submitted with the application, prepared by Fox Land Surveys, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian . City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The application substantially complies with the Comprehensive Plan and Future Land Use Map. The land to the southwest of the subject property has previously been annexed into the City and this is a logical expansion oj the City boundary. In accordance with the findinf!s listed above Citv Council finds that the rezone of this vrovertv would be in the best interest of the Citv. NOTE: The City Council has included a requirement Jor a Development Agreement on this site. EXHIBIT H Maxfield Subdivision PP-OS-027 Preliminary Plat Findings Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G". C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, the Council finds that a development on this property will not require the expenditure of capital improvement funds. n. The public financial capability of supporting services for the proposed development; See Finding "G" under Annexation and Zoning Analysis, and the Agency Comments and Conditions. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any health, safety or environmental problems associated with this subdivision; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. EXHIBIT I Maxfield Subdivision CUP-05-034 CUP/PDFindings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; The retirement home use requires a minimum of one parking stall for every 5 beds in the facility, or 15 stalls total (for 75 beds)(MCC 11-13-5.B). The site plan depicts 51 stalls being provided on the retirement home lot. The minimum required off-street parking ratio is exceeded for this use. The applicant is proposing to set aside 10% of the site for open space. The applicant is not requesting any deviations to the City's standard building setbacks (yards), open space requirements, parking, landscaping, or any other features required by ordinance. City Council finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See Annexation and Zoning Analysis "A". c. 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; City Council finds that the general design, construction, operation, and maintenance of the proposed development should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. (See Annexation and Zoning Analysis) D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed development will have an adverse impact on the sUlTounding property. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation and Zoning Analysis "G". F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation and Zoning Analysis "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any , persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I". H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation and Zoning Analysis "J". I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Analysis "K". CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Annex and Zone 2.74 acres from RUT to R-4 (Low Density Residential) AND Preliminary Plat approval for nine (9) single family residential building lots and one (1) other lots, for The Enclave Subdivision, by The Enclave, LLC Case No(s): AZ-05-031, PP-05-031 For the City Council Hearing Date of: August 23, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matter was duly considered by the City Council at the August 23,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-031 / PP-05-031 - PAGE I of4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Jason and Jackie Thacker. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits D for the findings required for these applications. 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. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and aU current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 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 ifthe attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated August 10, 2005 as shown in Exhibit B, and the Site Specific and Standard Conditions in Exhibit c. 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 ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-031 / PP-05-031 - PAGE 2 of 4 L The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 10, 2005 is hereby conditionally approved; and, 2. The Site Specific and Standard Conditions are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Site Specific and Standard Conditions Exhibit D: Required Findings Zg~ dayof COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED$/L/ VOTEDF COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-031 / PP-05-031 - PAGE 3 of 4 COUNCIL MEMBER KEITH BIRD VOTED+tL MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~ and City Attorney. By, -{UdH111, ,L) b. VI. J\U City Clerk's Office Dated: ~ -.gC) -()C) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-D5-031 I PP-D5-03l - PAGE 4 of 4 EXHIBIT A The Enclave Subdivision AZ-05-031, PP-05-031 J.,egal ]}~s~..iptiol1 DESCRIPTION FOR PROPOSED THE ENCLAVE SUBDIVISION June 3, 2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N., R.1 E., 8,M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00"44'50" E 1327.40 FEET TO THE SOUTH 1/16 CORNER, THE SOUTHWEST CORNER OF THE NW 1/4 OF SW 1/4 OF SAID SECTION 20; THENCE N 00'44'49" E 463.63 FEET ALONG SAID SECTION TO A POINT; THENCE S 89"52'45" E 45.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF S. LOCUST GROVE ROAD ALSO BEING THE NW CORNER OF INGLENOOK SUBDIVISION; THENCE S 89'52'45" E 270.60 FEET ALONG THE NORTHERL Y BOUNDARY OF SAID INGLENOOK SUBDIVISION TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE N 00'44'49" E 200.48 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOS ALAMITOS PARK SUBDIVISION NO.1; THENCE S 89'58'11" E 506.84 FEET ALONG THE BOUNDARY OF LOS ALAMITOS PARK SUBDIVISION TO THE SOUTHEAST CORNER OF SAID LOS ALAMlTOS PARK SUBDIVISION NO 1; THENCE S 89'44'31" E ALONG SOUTH BOUNDRY OF LOS AlAMITOS PARK SUDlVlSON NO.2; 29.67 FEET TO THE NORTHWEST CORNER OF TARAWOOD SUBDIVISION THENCE S 29'03'22" E 233,26 FEET ALONG THE BOUNDARY OF TARAWOOD SUBDIVISION; THENCE N 89'59'38" W CONTINUING ALONG SAID BOUNDRY 57.24 FEET TO THE NORTHEAST CORNER OF INGLENOOK SUBDIVISION: THENCE N 28'59'25" W ALONG NORTHERLY BOUNDARY AT SAID INGLENOOK SUBDIVISION 2.96 FEET TO A POINT; THENCE N 89052'45" W CONTINUING ALONG SAID NORTHERLY BOUNDARY 593.73 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THIS SUBDIVISION CONTAIN ACRES, MORE OR LESS. ~9~~ WAYNE K. BARBER. ~~4......11)P.LS' 8444 ~~ 6!J!()~! i \~*p-~~? EXHIBIT B The Enclave Subdivision AZ-05-031, PP-05-031 EXHIBIT C The Enclave Subdivision AZ-05-031, PP-05-031 Conditions of Approval (With deletions and additions in strikeout/underline) SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. This Staff Report is based upon the preliminary plat prepared by Briggs Engineering on Dated August 10, 2005, and is approved with the conditions listed herein. All comments/conditions of the annexation and zoning (AZ-05-031) application shall also be considered conditions of the Preliminary Plat (PP-05- 031). 2. Construct Inglenook way and the common drives to connect the northright-of- way line of E. Fireside Court to connect with Locust Grove Road. Construct Inglenook way and the common drives to connect the north right-of-way line of E. Fireside Court to connect with Locust Grove Road. THe esmmsn ari. es shall aa e a miniR'R::1m sf2i' sfimJ3rs eEl s1:Iffaee ana sHsl:lla Be esnstmstea in sHeh a maflBer as ts Be eSffiJ3atiBle . ita the fll::1Blie reaa S) stem. The common drive shall have a minimum of 24 feet of improved surface and shall be designed with curb, gutter, and sidewalk in such a manner as to be consistent with the public road section. 3. Maintenance of all common area lots shall be the responsibility of the Enclave Homeowners' Association. 4. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10 5. Place proper signage on the common drive side and western property boundary side of the easement connection through Lot 3 Block 1 to Locust Grove Road, declaring "Emergency Access Only". 6. Prior to final plat approval by City Council, depict on the preliminary plat the sections of road which will be designated "No Parking" or show areas of off street parking to be provided for visitors to the subdivision. 7. A landscape plan was not prepared as there are no areas of required landscaping on this site. However the following notes/modifications still apply: · Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as The Enclave Subdivision Exhibit C replacement trees for those trees that are removed (MCC 12-13-13-3). Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. · All fencing along the Eight Mile Creek shall be non-combustible fencing materials. 8. The Eight Mile Creek shall be fenced appropriately with a six-foot (6') tall non- combustible material and maintained free of noxious materials. 9. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. The applicant has indicated in the application that the P.I. system is to be owned and operated by the Homeowners Association; however it appears that they are connecting to a NMID system. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval, or if it is to be owned and maintained by Nampa and Meridian Irrigation District a license agreement must be entered into prior to a pre- construction meeting. 10. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-1O-8. The applicant shan also provide five foot wide attached sidewalks with a rolled curb adjacent to the internal public streets as proposed and in compliance with existing road designs. 11. Add a note to the face of the final plat stating: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restri cti ve." 12. Sanitary sewer service to this site is being proposed from the sewer main in Locust Grove Road and extensions through Inglenook Subdivision. The applicant will be responsible to construct all sewer mains to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. The Enclave Subdivision Exhibit C 13. Domestic water service to this site shall be via extensions from Inglenook Subdivision. The applicant will be responsible to construct all water mains necessary to serve this proposed development in accordance to Public Works approval. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 14. Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. ] 5. Direct lot access to Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road as EMERGENCY ACCESS ONLY. 16. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. Unless otherwise approved, all minimum lot sizes, structure setbacks, street frontage, and house size requirements of the R-4 zone shall be maintained. 17. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 18. The applicant/developer shall be responsible for the payment of sewer and water assessments, as well as the actual physical connection to the municipal services for the existing home on Lot 3. 19. The applicant shall be responsible to provide verification that the existing irrigation easement has been vacated prior to the City Engineer's signature on the final Plat. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the TIle Enclave Subdivision Exhibit C Ada County Highway District, and the Pinal Plat for this subdivision shall be recorded, prior to applying for building permits. 5. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 6. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 10. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 1 DO-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 11. The applicant shall coordinate mailbox locations with the Meridian Post Office. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that aU street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This is to ensure The Enclave Subdivision Exhibit C that the bottom elevation of the crawl spaces of homes is at least I-foot above ground water. 14. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 17. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat approval use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 1. Public Streets and Access: Connectivitv (lmdenook Subdivisions): The stub street from Inglenook Subdivision shall connect to E. Horse Creek Street and again north to Inglenook Subdivision on Inglenook A venue. The subdivision is constrained by previous development in the area and is bound by ACHD policies of interconnectivity. No direct access to Locust Grove Road is approved with this subdivision. 2. LandscaDilll!: Staff is generally supportive of the absence of a landscaping design with the following considerations: Non-combustible fencing should be included on the eastern border of the Eight Mile Creek, and perimeter fencing shall be designed according to MCC 12-13 and maintained by the home owners association. See Site Specific Condition #7 below. Tree Mitie:ation: There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Site Specific Condition #7 below. 4. Ditches Laterals and Canals: Per MCC 12-4-13, all irrigation ditches, laterals or The Enclave Subdivision Exhibit C canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Staff is unaware of the official status of the Eight Mile Creek; it appears to be maintained by Nampa Meridian Irrigation and is considered a natural feature and does not require tiling. See Site Specific Condition #8 below 5. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #9 below. 6. Fencing: The applicant is proposing to construct a minimum of a five foot tall solid fence around the perimeter of the site. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. Fencing along the Eight Mile Drain shall be constructed with a non-combustible material. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yi" outlet face the main street or parking lot aisl e. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. The Enclave Subdivision Exhibit C d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved tum around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a tuming radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20' wide Fire Lane for nil internnl roadways all roadways shall be marked in accordance with Appendix D Section 0103.6 Signs. 8. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). The Enclave Subdivision Exhibit C b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Construct the north-south section of North Inglenook Avenue with 50-feet right-of-way, 36-feet street section, 5-foot concrete sidewalks with curb and gutter. 2. Construct the turnaround with 36-feet right-of-way, 25-feet street section, 5-foot concrete sidewalks with rolled curb and gutter. Provide a minimum curb radius of I8-feet at any change of direction ofthe curb line on the turnaround. 3. Construct and pave the common driveway on each side of the east-west portion of the "T" . 4. Barricade the common driveway on the northwest property line to restrict access to South Locust Grove Road. The barricade shall be approved by the Meridian Fire Department. The Meridian Fire Department may require the applicant to construct a gate or bollards as a barricade, to allow emergency access only. 5. Provide written approval from the Meridian Fire District for the non-standard turnaround. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. The Enclave Subdivision Exhibit C 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance, 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way, The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. The Enclave Subdivision Exhibit C EXHIBIT D The Enclave Subdivision AZ-05-031, PP-05-031 Required Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'Medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre with the allowances of smaller lots for residential purposes. The applicant is requesting that all the subject site be zoned R-4 (Medium-Low Density Residential). The R-4 district allows for a maximum of four (4) dwelling units per acre (MCCll-7-2.B). The proposed residential density for this site is 3.28 gross dwelling units per acre as calculated by the applicant, or 9 units per 2.74 acres. Staff finds that the orooosed zonin!! desi!!I1ation R-4 is harmonious with and in accordance with the 2002 Comorehensive Plan and Future Land Use Man which desi!!I1ates the land to be Medium Densitv Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of The Enclave Subdivision is 3.28 dwelling units per acre which is slightly lower than surrounding developments but not outside the acceptable tolerance for infill development. Inglenook 3.35 du/acre - Sageland 3.85 du/acre -Chesterfield 4.63duJacre. The following Comprehensive Plan policies support this proposal: · Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: The Enclave Subdivision Exhibit D Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction oj the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department. the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. · Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII; Goal IV, Objective C, Action 1 ) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. · Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area Jor medium- density residential development. This proposal meets the Comprehensive The Enclave Subdivision Exhibit D Plan definition of medium-density, with a gross density of 3.28 dwelling units per acre. · Require street connections between subdivisions at regular intervals to enhance cOlmectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The street connections provided from inglenook have been connected as planned (see ACHD report for details). This subdivision is the last infill development in the near vicinity and will not be required to stub to adjacent properties as there is no further development expected at the boundaries of this development. · Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Eight Mile Creek waterway is the only distinguishable natural feature at this location. Staff feels the open fencing and maintenance free of noxious materials will enhance the surrounding area. Wetlands, and alternate natural resources are absent from this site and the subject property has designed the common/open space around preserving the eight mile creek corridor for wildlife habitat and enhancing the waterways. · Develop policies and incentives to encourage infiIl and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested a slightly lower density relative to the immediate vicinity and will be developing larger lots with a unique neighborhood attractiveness. The applicant has continued the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets. · Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The anticipated products for the site will be unique single family residences available to individual buyers who are seeking a medium-large lot closer to the urban center. · Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density, size of lots and unique roadway design will allow for a less dense proposal with larger lots, not requiring special circumstances. The Enclave Subdivision Exhibit D · Apply design and perfonnance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not forsee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will remain and the size. number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out. Staff finds that the proposed R-4 zoning designation is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that single-family residential uses are allowed within the requested zoning district of R-4. Medium-Low Density Residential pennits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that recent residential developments to the south have been approved for development similar to the proposed subdivision, with single-family residences. Development in the area has limited the main trunk sewer capacity. Currently sewer is available in N. Inglenook avenue that stubs into this project from Inglenook Subdivision. There are currently sewer capacity concerns south of the freeway; however this development is not sewering out of its service area to the Ten Mile Trunk. Therefore it does not contribute the capacity concerns. The Enclave Subdivision Exhibit D Based on the ACHD Long Range 2030 proposal, Locust Grove Road is anticipated to eventually be a 3-1ane roadway abutting this site. However, Locust Grove Road is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. Local Street ofN. Inglenook Way is an ACHD rights-of-way and provides a stub connection to the property. ACHD and the City of Meridian will require the proposed development connect these roadways as proposed. The design for Inglenook Ave within Enclave Subdivision shall meet the requirements of the turnarounds as approved by the Meridian Fire Department. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the requested zoning and proposed density meets the anticipated range for a medium density urban project. Based on the Comprehensive Plan, staff believes that the existing parcels in the area (south and north and east) have already developed with similar densities and allowances for alternate products and designs are encouraged. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be hannonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards ofMCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." The applicant has buffered the Eight Mile Creek with an open space/drainage lot which exceeds the requirements for development under five acres. The existing character of the area will not change as this is one of the final infill developments in the vicinity. Staff does not find that the proposed zoning/uses will adversely change the essential character of area. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed as proposed. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction The Enclave Subdivision Exhibit D traffic and house construction is conducted in a maimer consistent with City Code. Access to Locust Grove Road shall be taken through the stub streets as designed and directed to Inglenook Way. This will create additional traffic, especially construction traffic during build-out. This change could be considered disturbing to residents in lnglenook Subdivision as access to Locust Grove Road must be taken through their neighborhood. According to ACHD, Inglenook Avenue shall be designated one side "No Parking" which should not create a problem for visitor parking at this location. Further, Meridian Fire will require the common drives to be constructed with a minimum of 24 feet of paved surface. Furthermore, a secondary/emergency access is shown with a connection through the existing parcels easement across the Locust Grove fronting property, west of the proposed development. The common lot listed as Lot 8 Block 1 will require fencing to separate the Eight Mile Creek from residential uses. The Eight Mile Creek is a steep-banked and potentially hazardous waterway which should be fenced in such a manner as to be non-combustible and impede all access to the creek or as required by Nampa Meridian Irrigation District. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. On July 27,2005, ACHD staffwill hold tech review on the subject applications. ACHD has not submitted a staff report with site specific and standard conditions, but Meridian City staff should have the report prior to the Planning Commission meeting of July 21, 2005 (Agency Comments and Conditions when received will be included with this report). The Enclave Subdivision Exhibit 0 On July 1, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to acconunodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street extension into the site from Inglenook Subdivision which will connect with Locust Grove Road, a minor collector. ACHD is supportive of the proposed stub street extensions as previously approved. The landscaping plan will not be required as there are no arterial roadways on site and ACHD does not require dedication of rights of way. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. However, city staff would propose a design to allow The Enclave Subdivision Exhibit D parking on at least one side of the street and approved by ACHD even if the design is amended to reduce lots. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Fencing the Eight Mile Creek along the eastern boundary of the proposal should provide wildlife and open areas adequate protection from residential uses. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require umeasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Staff does not recommend lot sizes that would be invasive to the properties to the north and south of the subject property but the lot sizes should be similar in nature and allow additional residential densities and product opportunities for the general vicinity. Subdivisions of medium density have already been approved for development to the south and this is a logical expansion of the City limits for an infill project. In accordance with the findings listed above, staff finds that annexation and zoning of this orooertv would be in the best interest of the Citv. PRELIMINARY PLAT ANALYSIS Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The proposed density of3.28 dwelling units per The Enclave Subdivision Exhibit D acre (gross) is in the recommended dwelling units per acre for the comprehensive designation. Staff supports the proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail. ) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public fmandal capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Lot 3 of Block 1 has the existing home site for the parcel of record. Along with the parcel of record is the recorded easement for ingress egress to Locust Grove Road. Currently the parcel is landlocked and no public street frontage was provided prior to Inglenook Subdivision being recorded. The easement for the parcel of record will not be required to be vacated, but shall be maintained as ingress egress for Emergency Access Only. The developer shall provide appropriate signage as to the designation of the existing driveway easement. No lots shall directly take frontage or access from Locust Grove Road. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. The Enclave Subdivision Exhibit D