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Home My WebLink About2004-04-13 Revised April 1 0, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 13, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Charlie Rountree X. Bill Nary =x= Shaun Wardle =:x= Keith Bird )( Mayor Tammy de Weerd . 2. Pledge of Allegiance: h'J ~vl(.lvtclclh/lOJV 3. Community Invocation by Alex Chamberlain, S1. Luke's Chaplain: ~.fe?devL 4. Adoption of the Agenda: ~i9I1-..e (toOl 4. ~cf..ecL 5. Consent Agenda: 7- A. 1- B. 7- c. D. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: ./ tfi/j'PT'Uve. at' al?'1~C'-' Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PO) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: CbI'fJY1P((\.L Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single- family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: d'l! fh"P v~ Findings of Fact and Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C-N zones for Meridian City Council Agenda - April 13,2004 Page I 01'4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised April 10, 2004 proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: 6~V-<-- E. Findings of Fact and Conclusions of Law: PP 03-044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C-N zone for proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: arr"<,<,,-- F. Findings of Fact and Conclusions of Law for Approval: CUP 03- 067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: ~........ G. Findings of Fact and Conclusions of Law for Approval: CUP 03- 072 Request for a Conditional Use Permit for a drive-thru window for a proposed coffee shop for Central Park Plaza by Nahas Enterprises - northeast corner of South Progress Avenue and Central Drive: af~~ dS reV1~ H. Findings of Fact and Conclusions of Law for Approval: AZ 03- 025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: -/~/ ~a Iv 4--;to-- () 4- I. A~reement for Professional Services for Microbial Evaluation of at Street Office Building (Water Department) with Summit Environmental Inc.: ~TPt/I-L J. Agreement for Professional Services for Water Division Space Analysis Study with BRS Architects: at/JTl7f/<<'- K. Meridian Road / McMillan Road Water Line Design Contract with Keller Associates: ~ vt-e- L. Approve Beer. Wine. and Liauor License Renewals: at'r.9vJ-' Meridian Bowling Lanes - Beer & Liquor A New Vintage Wine Shop - Beer & Wine Harks Corner - Beer & Wine Corona Village - Beer & Liquor Fred Meyer #198 - Beer & Wine Texas Roadhouse - Beer & Liquor Maverick Country Store- Beer Bill N Lynn's Place - Beer & Liquor Goodwood Barbecue Company - Beer & Liquor Big Smoke LLC - Beer & Wine JB's Restaurant - Beer & Wine Meridian City Council Agenda ~ April 13, 2004 Page 2 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised April 1 0, 2004 6. Department Reports: A. Planning and Zoning Discussion on Sign Ordinanc~ Issues by J,oe Venneman, - J Code Enforcement: tz.oI1viY'-J {peJlh..;H!d M /tr?-<:ou.-n.a-e- Public Works 1. B. 1. Request to Purchase Water Meter Radio Read Equipment: tl?fJ I^fJ II"'L- Mayors Office: c. 1. Employee Awards for Service Program: . ~/,~(I:.v 10 ;h1-vp'-c ~61~a ~ /iw- p../J 7. (Items Moved from Consent Agenda) A? 1.31 c- 8. Request to Reconsider the Decision to Deny and Remand Applications Back to Planning and Zoning Commission for Review for Salisbury Subdivision NO.2 AZ 03-036 I PP 03-042 by Earl, Mason, and Stanfield, Inc. : ~;;pr.pf"<-- 9. Findings of Fact and Conclusions of Law for Denial: AZ 03-036 Request for annexation and zoning of 19.7 acres from RUT to R-8 zones for proposed Salisburv Subdivision No.2 by Earl, Mason, and Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: re~ 10. Findings of Fact and Conclusions of Law for Denial: PP 03-042 Request for Preliminary Plat approval for 72 single-family residential building lots and 2 common lots on 19.7 acres in a proposed R-8 zone for proposed Salisburv Subdivision NO.2 by Earl, Mason and Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: re~t!/ 11. FP 04-019 Request for Final Plat approval of 48 Residential Lots, 18 Office Lots and 11 Other Lots on 14.58 acres in L-O zone for Sagecrest Subdivision by Dirk L. Marcum and Michael Riggs - south of East Overland and east of South Locust Grove: o/~ "t..<...- 12. FP 04-020 Request for Final Plat approval of 47 single family residential building lots and 2 common lots on 14.32 acres in an R-4 zone for Fulfer Subdivision No. 2 (aka Kelly Creek) by Kevin Howell - north of West McMillan Road and west of North Linder Road: ~~,,~ 13. FP 04-021 Request for Final Plat approval of 36 single-family residential building lots and 8 common lots on 12.9 acres in a R-4 zone for Sutherland Farm Subdivision No.3 by Sutherland Farm, Inc. - east of South Eagle Road on the south side of the Ridenbaugh Canal: ~~ ~ MeJidian City Council Agenda - Aprill3, 2004 Page 3 of4 All materials presented at public meetings shall become propelty of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours pJiorto the public meeting. 14. 15. 16. 17. 18. 19. 20. Revised April 1 0, 2004 '2-1, Continued Public Hearing from March 23, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of ,P,Jorth Meridian Road: ('e7n~hvU: jJ/h 119 <t--20-t)4-- Continued Public Hearing from March 23, 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Roa~t A. 4- C~)1fA.L fJ/lL /-t:t ~~Z-o-O Continued Public Hearing from March 23, 2004: CUP 03w058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Ct.7yP/1~i;U!../ !J //1.- -fo ~- )-tJ-04- Public Hearing: MI 04w003 Request for a Miscellaneous application for a request to amend Item 15 on Page 10 of the recorded Development Agreement for AZ 00-024 for Sparrowhawk Subdivision, which requires all site improvements to be complete prior to issuance of a Certificate of Occupancy. An addendum to the original Development Agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings (Foothills Apartments) on Lot 1, Block 1 of Sparrowhawk Subdivision prior to the installation of the landscaping adjacent to Franklin Road by David Waldron - north side of East Franklin Road and east of South Locust Grove Road: EJ r: I t%~,;o (lY'€/~ iff (6 < Public Hearing: PFP 04w001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 % Street: re - jwli~ Ib f-Iut ttll P / Ir.... Public Hearing: CUP 04w003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 % Street: re-Il"ch?:.e 1m- /'1..lW pllu Resolution No. tJLf-4-;l-!3: Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: ~ /r? 1'J47-01-- !Jr..eA-rYf .Ihfae--+ - JerYJ~lirv:tV 'Srtf(e{ t<)4.-fs-tn-J Meridian City Council Agenda - April 13, 2004 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. April 22, 2004 MERIDIAN CITY COUNCIL MEETING April 27, 2004 ITEM NO. 5-B APPLICANT REQUEST Approve minutes of April 13, 2004 City Council Regular Meeting 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: ~rI Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( Revised April 10, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 13, 2004f at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Charlie Rountree X Bill Nary X Shaun Wardle X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: by Dave McKinnon 3. Community Invocation by Alex Chamberlain, S1. Luke's Chaplain: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: 7 -A. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Approve as Amended 7-B. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PO) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Approve 7-C. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single- family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Approve D. Findings of Fact and Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C-N zones for Meridian City Council Agenda - April 13, 2004 .Page I of 5 All matcrials prcsented at public mectings shall become property of the City of Meridian. Anyone desi ring accommodation for d isabil ities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( Revised April 10, 2004 proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Approve E. Findings of Fact and Conclusions of Law: PP 03-044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C-N zone for proposed Cedar Springs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 03- 067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 03- 072 Request for a Conditional Use Permit for a drive-thru window for a proposed coffee shop for Central Park Plaza by Nahas Enterprises - northeast corner of South Progress Avenue and Central Drive: Approve as Revised H. Findings of Fact and Conclusions of Law for Approval: AZ 03- 025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: Table to April 20, 2004 I. A~reement for Professional Services for Microbial Evaluation of 8t Street Office Building (Water Department) with Summit Environmental Inc.: Approve J. Agreement for Professional Services for Water Division Space Analysis Study with BRS Architects: Approve K. Meridian Road I McMillan Road Water Line Design Contract with Keller Associates: Approve L. Approve Beer. Wine. and liquor License Renewals: Approve Meridian Bowling Lanes - Beer & Liquor A New Vintage Wine Shop - Beer & Wine Harks Corner - Beer & Wine Corona Village - Beer & Liquor Fred Meyer #198 - Beer & Wine Texas Roadhouse - Beer & Liquor Meridian City Council Agenda - April 13,2004 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. ( Revised April 1 0, 2004 Maverick Country Store- Beer Bill N Lynn's Place - Beer & Liquor Goodwood Barbecue Company - Beer & Liquor Big Smoke LLC - Beer & Wine JB's Restaurant - Beer & Wine 6. Department Reports: A. Planning and Zoning 1. Discussion on Sign Ordinance Issues by Joe Venneman, Code Enforcement: Nothing (Presented at Pre-Council) B. Public Works 1. Request to Purchase Water Meter Radio Read Equipment: Approve C. Mayors Office: 1. Employee Awards for Service Program: Approve to move $3,000.00 for this 7. (Items Moved from Consent Agenda) 8. Request to Reconsider the Decision to Deny and Remand Applications Back to Planning and Zoning Commission for Review for Salisburv Subdivision No.2 AZ 03-036 I PP 03-042 by Earl, Mason, and Stanfield, Inc. : Approve 9. Findings of Fact and Conclusions of Law for Denial: AZ 03-036 Request for annexation and zoning of 19.7 acres from RUT to R-8 zones for proposed Salisburv Subdivision No.2 by Earl, Mason, and Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: Resend 10. Findings of Fact and Conclusions of Law for Denial: PP 03-042 Request for Preliminary Plat approval for 72 single-family residential building lots and 2 common lots on 19.7 acres in a proposed R-8 zone for proposed Salisburv Subdivision No.2 by Earl, Mason and Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: Resend 11. FP 04-019 Request for Final Plat approval of 48 Residential Lots, 18 Office Lots and 11 Other Lots on 14.58 acres in L-O zone for Saaecrest Subdivision by Dirk L. Marcum and Michael Riggs - south of East Overland and east of South Locust Grove: Approve 12. FP 04-020 Request for Final Plat approval of 47 single family residential building lots and 2 common lots on 14.32 acres in an R-4 zone for Fulfer Meridian City Council Agenda- April [3,2004 Page 301'5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. c. Revised April 1 0, 2004 Subdivision No. 2 (aka Kellv Creek) by Kevin Howell - north of West McMillan Road and west of North Linder Road: Approve 13. FP 04-021 Request for Final Plat approval of 36 single-family residential building lots and 8 common lots on 12.9 acres in a R-4 zone for Sutherland Farm Subdivision No.3 by Sutherland Farm, Inc. - east of South Eagle Road on the south side of the Ridenbaugh Canal: Approve 14. Continued Public Hearing from March 23, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing to April 20, 2004 15. Continued Public Hearing from March 23, 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing to April 20, 2004 16. Continued Public Hearing from March 23, 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Continue Public Hearing to April 20, 2004 17. Public Hearing: MI 04-003 Request for a Miscellaneous application for a request to amend Item 15 on Page 10 of the recorded Development Agreement for AZ 00-024 for Sparrowhawk Subdivision, which requires all site improvements to be complete prior to issuance of a Certificate of Occupancy. An addendum to the original Development Agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings (Foothills Apartments) on Lot 1, Block 1 of Sparrowhawk Subdivision prior to the installation of the landscaping adjacent to Franklin Road by David Waldron - north side of East Franklin Road and east of South Locust Grove Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 ~ Street: Re-Notice for new Public Hearing 19. Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 Meridian City Council Agenda - April 13, 2004 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council MeetinQ April 13. 2004. The regular meeting of the Meridian City Council was called to order at 7:18 P.M., Tuesday, April 13, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Others Present: Bill Nichols, Will Berg, Anna Powell, Craig Hood, Brad Watson, Bill Musser, Gary Smith, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call the regular City Council meeting to order. It's Tuesday, April 13th. Would like to welcome you all here with us tonight. We will start with Item No.1, roll-call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No.2 is the pledge of allegiance and we will ask Dave McKinnon to lead us. (Pledge of Allegiance recited.) Item 3: Community Invocation by Alex Chamberlain, St. Luke's Chaplain: De Weerd: Thank you, Mr. McKinnon. Usually, we do have Boy Scouts lead us and since he was the next closest thing -- thank you very much. One of -- you have now participated in one of the additions to our regular agenda is the pledge of allegiance. Item No. 3 is our community invocation. We added this to -- as also to enhance our meetings, put things in perspective. We have asked faith of all walks to lead us and be a participant in this part of our agenda and so have made an effort to reach out to all of the belief systems to be represented and to involve them in our community as they bring resources to our community that will help us make Meridian the best place to live. With us tonight is Alex Chamberlain, he is S1. Luke's chaplain. Will you, please, join us. Chamberlain: I must say, it's a pleasure and an honor to be in your house and I'm sure you'd rather meet me here than in my house. De Weerd: Yes. Meridian City Council Regular Meeting April 13, 2004 Page 2 of 30 Chamberlain: Let us pray. In this season of spring, we thank you, our God, for love and for life and for all the new life we see in creation in this time of year. We thank you for the rain that is now fallen and pray that it gives hope to those who earn a living from the land. We pray your blessing on tonight's meeting, that this Council will be open not only to the fresh starts and new beginnings that come in nature, but the creativity that you foster among individuals and groups when they look in your direction. Help these Council members listen to the whispers of your spirit and provide leadership for the community, as they try to anticipate growth, with all the challenges and opportunities that this involves. Alongside the growth, Lord, help them to hold fast to core values and traditions that make this town such a worthwhile place to live. Help them honor the needs of the elderly, as well as the aspirations of the young. May those who come to speak do so with openness and conviction. May those who listen do so with attentiveness and respect. And may all who come away from the meeting do so with a sigh of satisfaction and the knowledge that their services to the community involve time and commitment well spent. We pray in the name of the Lord, the One who loves us best, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you very much. Okay. Item No.4 -- Alex, generally we give our guests a city pin and I assumed in my absence when you were here last time that you were presented with one of our very coveted watertower pins. So, thank you very much for joining us. Thank you. Okay. Item NO.4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some on the Consent, which I'll do when we make the motion on the Consent. But on our regular agenda, Items 14, 15, and 16 need to be tabled to 4/20/04. And Items 18 and 19 needs to be tabled to 4/27/04, because they were improperly noticed. So, I think we have to have -- can they do it the 20th? Berg: Madam Mayor, Members of the Council, they will just be re-noticed and we will put them on another agenda. It will probably be in May the soonest we can do it with the 15-day notice. Bird: So, I change that to just a date uncertain at this point. Berg: Yeah. They just were not noticed properly, so they are not really able to have a public hearing. Bird: And what's the resolution number, Mr. Clerk? De Weerd: Item 20. Wardle: 04-428. ( Meridian City Council Regular Meeting April 13, 2004 Page 3 of30 Bird: Okay. That's Item No. 20. With that, I would move that we approve the revised agenda. Rountree: Second. De Weerd: It's been moved and seconded to approve the agenda as revised. All those in favor say. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: D. Findings of Fact and Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C-N zones for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: E. Findings of Fact and Conclusions of Law: PP 03-044 Request for Preliminary Plat approval of 5 commercial building Jots and 1 common lot on 5.51 acres in a proposed C-N zone for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar SprinQs Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 03-072 Request for a Conditional Use Permit for a drive-thru window for a proposed coffee shop for Central Park Plaza by Nahas Enterprises - northeast corner of South Progress Avenue and Central Drive: H. Findings of Fact and Conclusions of Law for Approval: AZ 03- 025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: I. Agreement for Professional Services for Microbial Evaluation of 8th Street Office Building (Water Department) with Summit Environmental Inc.: Meridian City Council Regular Meeting April 13, 2004 Page 4 of 30 J. Agreement for Professional Services for Water Division Space Analysis Study with BRS Architects: K. Meridian Road I McMillan Road Water Line Design Contract with Keller Associates: L. Approve Beer. Wine. and liQuor License Renewals: Meridian Bowling Lanes - Beer & Liquor A New Vintage Wine Shop - Beer & Wine Harks Corner - Beer & Wine Corona Village - Beer & Liquor Fred Meyer #198 - Beer & Wine Texas Roadhouse - Beer & Liquor Maverick Country Store- Beer Bill N Lynn's Place - Beer & Liquor Goodwood Barbecue Company - Beer & Liquor Big Smoke LLC - Beer & Wine JB's Restaurant - Beer & Wine De Weerd: Item NO.5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move on the Consent Agenda that Items A, B, and C be moved to 5-A, 5- B, and 5-C, that Item G needs to -- we have a typo in it. It's a CUP for a drive-thru and it's shown as a nursing home. So, if we would make that note and have the papers changed, the attorney says that we can do it and keep it on the Consent. . And Item H needs to be tabled to 4/20104, because we do not have the findings. And with that, I would move that we pass the revised Consent Agenda and the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with the noted changes, in particular Items A, B, and C to be moved to the regular agenda. Is there any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning and Zoning Meridian City Council Regular Meeting April 13,2004 Page 5 oDO 1. Discussion on Sign Ordinance Issues by Joe Venneman, Code Enforcement: De Weerd: Thank you. Okay. Item 6 is Department Reports. Planning and Zoning. We are -- oh, I'm sorry. Item 5. I passed right by it. Bird: No. You're fine. Rountree: Seven. Bird: Seven. I made a mistake, Tammy. I couldn't read. It was seven. De Weerd: Okay. Bird: Move those to 7 -A, B, and C. De Weerd: So, that was five. Okay. Department Reports. Is there any further discussion or action needed on the sign ordinance? Powell: Madam Mayor, Members of the Council, I believe that was just a duplication error. Berg: It was in case of running out of time. Nary: In case we ran out of time on the pre-Council, so -- Powell: Okay. 80-- Nary: The clerk doesn't make errors. Powell: I should have known. De Weerd: Okay. If there is nothing further-- Powell: Unless the Council would like to give further direction I can -- okay. B. Public Works 1. Request to Purchase Water Meter Radio Read Equipment: De Weerd: Item B from Public Works, request to purchase water meter radio read equipment. Watson: Thank you, Madam Mayor, Council Members. I trust that you have a memo, dated 4/8 from me in your packets, along with some other materials attached to that. I'll just briefly describe this and, hopefully, you have had a chance to read that and if you Meridian City Council Regular Meeting April 13, 2004 Page 6 of 30 have any questions you can certainly ask those. What this is, is an opportunity to go to an automatic -- an automated meter reading system. It's called radio read. I guess that's a slang. But it's a computer that is housed in a van that drives down the street reading meters as it goes. We were probably going to propose this as part of our FY05 budget enhancements anyway and include it in our currently strategic plan update, but the vendor that sells these systems, who is the same vendor who we buy our meters from anyway, has given us until April 30th -- I guess what you would call a discounted starter kit deal that would save us about 7,000 dollars. The starter kit would include some computers -- a computer, some software, and it would also include 50 meters that would have the radio transmitters for them. So, in the interest of saving 7,000 dollars, we thought we would come to you ahead of next year, because we really think this is the way we are going anyway. There is an economic analysis attached to this memo that shows the increase of meter readers that will be required over the years. In fact, next budget year we either need to move to this radio read system or hire a fourth meter reader. The analysis shows -- looks like about six -- it shows six full-time meter readers in 20 years. We are currently at three. This economic analysis was just an exercise to show that the technology cost would be less than the labor cost over that 20-year period. According to the analysis that our staff engineer Lynn Grady did, the cost savings would be around 700,000 dollars and, as I state in that memo, the actual out-of- pocket savings that the city would see is nearly 1.9 million. However, the flip side is that with the meter reader that the builder, as part of the building permit, they would be required to pay I think it's 90 dollars per meter to equip it with the transmitter. So, we tried to look at it on a community-wide scale, what the savings would be to the community, both builders and the city, and that's that 700,000 dollar figure. The one other thing to point out in this packet is we do have a letter -- I asked civil science engineers to take a look at this system that we are proposing. They had some experience with it down in Utah and he gave it -- I guess I would consider a glowing report. So, with that I will entertain any questions. De Weerd: Council, do you have any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Brad, the 23,000, is there already money available in the budget and is there something else that's not going to get purchased with that, if we purchase this now? Watson: Council Member Nary, [ was going to touch on that and I forgot. Thank you for reminding me. Nary: Oh. Okay. Watson: I talked to Rick Clinton, our superintendent, and we have a base budget figure for meter sales and meter purchases every year and given the building growth, building rate this fiscal year for -- we are going to be way over both the revenue and the meter purchases for this year, so even if we don't do this, our actual meter costs will be Meridian City Council Regular Meeting April 13, 2004 Page 7 of 30 negative. I mean we are going to go way over budget on meters this year. Conversely, we are going way over budget on meter sales revenue as well, so, I don't know, the short answer is there is not a specific line item designated for this equipment right now, other than meter purchases. Nary: Madam Mayor, one more question. Brad, in the first paragraph when I'm reading it, is the savings to the city that you're trying to say in here 710,000 dollars over a 20 year life term or with the current -- it says with the current population projections through 2023, so over the 20 years, you really think it's an actual savings of 1.87 million dollars. Those are fairly diverse numbers. And, then, in the last line I assume it's just a typo, because it says: However, the 710 thousand million figure is the actual savings. That would be a great savings, but I think that's probably a typo. Watson: That's a military budget. You're right. That last million definitely should not be in there. The 710,000 is the savings to the city and the building community combined. This is almost a transfer of costs from the city to builders, because they are buying this automated radio transmitter with their meters, so rather than us paying for labor, they are paying for technology. That out-of-pocket to the city, we projected almost 1.9 million. Nary: Okay. Great. Thank you. De Weerd: I guess this follows the message we heard earlier from Dr. Freilich to start looking at how growth can pay for itself. Any further questions? Bird: I have none. Rountree: None. De Weerd: Okay. Do we have any motions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for radio meter reading in the amount 23,000 dollars. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve the request from Public Works. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Mayor's Report Meridian City Council Regular Meeting Aprill3,2004 Page 8 of 30 De Weerd: Thank you. Under the Mayor's Report I just had a follow-up from last week. In front of you you have approximately 65 employees who have reached different milestones in their longevity to the city. Noteworthy are at 25 years. I believe it's Lieutenant Trackel and also -- also in the police department Gene Moore is at 30 years. I have attached also the program that I'm recommending to City Council. Also consistent with the report you heard tonight, you have an idea of the different levels of service at five, ten, 15, 20, 25, and above. So, it's not 25 plus, it's at five-year increments. But it represents -- my request is for a 3,OOO-dollar line item to implement our longevity. Also, I have talked to you all about bringing our employees who could join us at a City Council meeting to present certificates of appreciation for their years of service to the city at City Council meetings and I would like to do that quarterly. Bird: Sounds like a winner. Have you got the -- the 3,000, you got it in your budget or do you want -- do we have to take it from ours? De Weerd: Well, we had money for employee incentives left over in that one line item and I'm not sure which budget the left over money is. Bird: Is 3,000 going to cover it, Mayor? De Weerd: Yes. Bird: I would move, then, that we approve taking 3,000 out of the left-over employee benefit fund and purchasing recognition awards for years of service. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve a years of service program in the amount not to exceed 3,000 dollars. Is there any further discussion? Okay. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Item 7: (Items Moved from Consent Agenda) A. Tabled from April 6f 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: B. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PO) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Meridian City Council Regular Meeting April 13, 2004 Page 9 of 30 Development, LLC - south of East Ustick Road and east of North Eagle Road: C. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: De Weerd: Thank you very much. I will try and get our first tier employees within the next month and a half or two. Okay. Item NO.7 are the items removed from the Consent Agenda, A, B, and C. I will ask staff to comment. Or is it Mr. Nichols? Nichols: Madam Mayor, Members of the Council, the applicant has asked that we modify -- it's one of those things that once lawyers get looking at it, they get a little nervous about. On a commercial property on the Bryson property that was part of this annexation, there were two old homes and there is a standard condition that they are -- everything is to be disconnected from the well and septic and so forth and in the past we have allowed, under these sorts of circumstances, the homes to remain with their existing well and septic, because, eventually, they will be razed and the new development that goes in will, of course, have to have those city services. So, the applicant has asked that we modify that standard condition to except out those two homes on the Bryson property, because of what will happen in the future, rather than to make them hook up a home to city water and sewer and, then, just have to tear it down later. So, that's their request. So, we would need to amend the findings to make that change. De Weerd: Okay. Council, any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: If I'm looking at the right one, Mr. Nichols, it's to adopt the recommendation of Meridian Planning and Zoning Department, page four of 26, it looks like it's number one and maybe number two? Nichols: Yes. Nary: Okay. Did they give a time limit? I guess I don't have a big concern. I think the intent, though, is that those are going to move along and development is going to occur and something's going to happen and we are not just annexing property that's going to continue to be residences for a lengthy period of time. So, did they give any indication as to what time period they were looking at? Meridian City Council Regular Meeting April 13, 2004 Page 10 000 Nichols: Councilman Nary, they did not, but perhaps Ms. Stiles may have more information on that. De Weerd: Ms. Stiles, would you like to answer that? Please state your name and address. Stiles: Sheri Stiles, Engineering Solutions, 150 East Aikens Street, Eagle, Idaho. De Weerd: Thank you. Stiles: The houses that are there are -- I don1t know if you have seen them, but they are not likely to stay there for long. The property is far too value and with the Winston Moore and all of the surrounding annexations on that corner, I'm sure you're going to see Mike Cavin's 40 acres come in on that northeast corner of Ustick and Eagle. But I don't have a time line. They really don't have any plans of what they are going to do with the property. Alii can say is common sense tells me that that's not going to remain for long. They are going to have to -- you know, I would think that some of the homes -- the homes would be in such disrepair that they might require a building permit and at that point they wouldn't be able to get one, so -- De Weerd: Any questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I don't know if it's a question. I guess who can tell us, that would be, I guess, the question, because I wouldn't have a concern in removing or at least modifying that condition to set some time limit, but I want to know what's reasonable and I agree with what you1re saying, is that it's probably not very long, but it's not very long -- 90 days, is that -- 180 days? Is that a year? Or is that five years? I don't know what they think is reasonable and I don't know what the property owners think is reasonable. So, that's what 11m struggling with. I don't have -- I mean it makes perfect sense what they are asking. It seems silly to hook these homes up to the sewer and to the water, when in some fairly short period of time they are probably not going to be residences any longer, but I just don't know what that is and I wouldn't -- at least for me, I wouldn't agree to remove it or amend it, unless I knew that it was a fixed period of time and I just don't want to pick a number out of the air and I'm sure you don1t either, Ms. Stiles, because that's not fair to your clients, but I don't know what their expectation is and so maybe that's -- that's something we could have before we amend it, rather than us picking an arbitrary number. Stiles: I don't think they will be able to give you a number, you know. Offers are made - - it could be 90 days, it could be two years. I don't know, but -- Powell: Madam Mayor? Meridian City Council Regular Meeting April 13, 2004 Page 11 of30 Stiles: It's a big expense for those people, but just -- that, actually, just helped get the Redfeather Estates Subdivision annexed and to expect them to hook up, like 7,000 dollars apiece, when the services will have to be removed and -- new services, because they won't have the right connections, I cannot give you a number. I wish I could, but I can't. De Weerd: I guess what Council has been asking is maybe they can't give a number, but give a time frame. I know we have had several septic systems displaced because of right of way and road improvements and we have put conditions on them that they have to hook up within a certain time period and so I think it's been -- Nary: Only once. De Weerd: Only once? Nary: Yeah. Only once. De Weerd: In the last five years? Nary: Right. Only once have we done that and the last one that came, I don't know, two weeks ago, three weeks ago, we said no, that it would have to hook up. So, I mean I understand your dilemma, I really do, and I understand the reason that Redfeather is here is because those people were nice enough to let their property be included, but we can pick an arbitrary number, but they may not like it. Stiles: Excuse me. Madam -- I'm just not used to seeing you there. It's weird. De Weerd: That's all right Neither are they. Stiles: Maybe Brad could shed some light on it or give you his opinion of -- I did talk to him today and he agreed that it's generally understood when they make that comment, that it's upon redevelopment of the property and not the day they get annexed. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: One thing to bring to light is once these are annexed and zoned, they go commercial, they are going to start paying commercial taxes. I don't think they are going to have those houses there very, very long. I would have no problem with two years. I don't know how the rest of the Council and, Mr. Nary, how you guys feel about that, but I would have -- I don't see setting a couple of houses -- old houses out there when they are paying commercial tax, which they will once it's zoned and annexed. De Weerd: Brad, did you have anything to add? ( Meridian City Council Regular Meeting April 13, 2004 Page 12 oDO Nary: I think Anna did. De Weerd: Oh. Or Anna. Watson: Sorry. Madam Mayor, Sheri and I did speak and it sounds like we need to clean that comment up a little better and make it a little more specific, but I don't know that we necessarily want them hooked up, but I would -- two years, that's what was clicking in my head, that it seems like that corner is going to go pretty quickly and, If I'm not mistaken, if there was latitude for staff, when that two years did elapse, maybe the applicant could come back in, if the plans were in, you know, and they weren't quite ready at that point, if there is some -- you know, Mr. Nichols could probably speak to that if there was some latitude of when that expires. But, anyhow, that's my only opinion. De Weerd: Okay. Anna. Powell: Madam Mayor, Members of the Council, we had a similar issue come up on a small rezone that didn't have a development plan, it was in a very similar situation, it was the Cortabitarte piece. I don't know if you remember that. And I think we came up with pretty good language on that one, where it was tied -- and I don't remember the specifics, but, as I recall, it was tied, I think, to the concept plan for the commercial development and at that point it would need to be removed and that might be a good solution for this one as well. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Members of the Council, on the Cortabitarte, I don't think that one was sewer. There was a problem with where the sewer would need to be run, so I don't know how good of an example that is. We could put together a two year limitation, if it's your motion, that allows for a one year extension that at the discretion of staff, if good cause is shown, something like that. That gives staff some flexibility if the plans are in. And we probably would say the city engineer specifically. De Weerd: Okay. Any further comment? Okay. I would entertain a motion on these three items. Mr. Nary. Nary: Oh. De Weerd: You have been elected. Nary: Well, I guess, then, I would move that we amend Condition 12-8 of the Findings of Facts and Conclusions of Law that have been prepared to indicate, under sub one, that removal -- where it says removal of any domestic wells and their septic systems must be accomplished within two years of the approval of this -- of these findings and maybe be extended by an additional year by the city engineer due to extenuating Meridian City Council Regular Meeting Apri113,2004 Page 13 of30 circumstances -- and Mr. Nichols can probably put some additional language as to how to define those extenuating circumstances to assist the city engineer in making that determination. I think Mr. Watson indicated things like the plans have been submitted and it's pending a signature and that type of thing and I think that's the only provision we need to amend. Bird: Is your motion approving the other two, too? Nary: And the motion is, therefore, to amend and approve, then, the items that were tabled 5-A -- or now 7-A, 7-B, 7-C and this would be the amendment to AZ 03-021. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve 7-A, Band C for Redfeather Estates Subdivision No.2. Mr. Nary, would you like to restate your motion? Nary: I'm sure Mr. Willis can if we need to. That's why he writes it down. De Weerd: Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 8: Item 9: Item 10: Request to Reconsider the Decision to Deny and Remand Applications Back to Planning and Zoning Commission for Review for Salisbury Subdivision No.2 AZ 03-036 I PP 03-042 by Earl, Mason, and Stanfield, Inc. : Findings of Fact and Conclusions of Law for Denial: AZ 03-036 Request for annexation and zoning of 19.7 acres from RUT to R-S zones for proposed Salisbury Subdivision No.2 by Earl, Mason, and Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: Findings of Fact and Conclusions of Law for Denial: PP 03-042 Request for Preliminary Plat approval for 72 single-family residential building lots and 2 common lots on 19.7 acres in a proposed R-S zone for proposed Salisbury Subdivision No.2 by Earl, Mason and Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: De Weerd: Thank you. Okay. Items S, 9 and 10 are requests to reconsider a finding or a motion from the Council and remand applications back to the Planning and Zoning Commission. I guess I would ask for comments from staff. Powell: Madam Mayor, Members of the Council, I believe you have gotten probably a lengthy letter from the applicant Mr. Wood regarding the efforts he's made in the past few weeks since the project was denied. I do have a picture of the proposed redesign Meridian City Council Regular Meeting April 13, 2004 Page 14 of30 and he has met with the neighbors. There is -- there has been quite a bit of movement on resolving the Venable Lane issue and staff is at a point where they feel confident that we can address the Venable Lane issue on a piecemeal -- as each development comes through. It's at a point where we can solve it now incrementally, rather than having them come in all at the same time. So, it is, of course, your decision on whether or not you want to reconsider it. We did feel that they have made substantial amount of progress and have a much better design. De Weerd: Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Having reviewed the letter, I do believe that the applicant has met some of our concerns -- the majority of our concerns. Although they didn't do that in the pre- application process, I think they have done a good job of doing that with the neighbors, meeting with the neighbors, and especially cooperated with the adjoining property owners to work the Venable Lane issue out. So, certainly, I would be in favor of remanding this to the Planning and Zoning Commission. Bird: Is that a motion? Wardle: I would -- Madam Mayor? De Weerd: Yes. Wardle: -- move that we remand to the Planning and Zoning Commission AZ 03-036 and PP 03-042, Salisbury Subdivision NO.2. Bird: Second. De Weerd: Okay. It's been moved and seconded. Mr. Nichols has discussion. Nichols: Madam Mayor, if the motion and the second would also agree to rescind the denial as part of that, because that's currently your motion. Wardle: Yes. Bird: Yes. De Weerd: Okay. The motion is to rescind the denial and remand applications AZ 03- 036 and PP 03-042 back to Planning and Zoning. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. Meridian City Council Regular Meeting April 13, 2004 Page 15 000 MOTION CARRIED: ALL AYES. Item 11: FP 04-019 Request for Final Plat approval of 48 Residential Lots, 18 Office Lots and 11 Other Lots on 14.58 acres in L-O zone for Sagecrest Subdivision by Dirk L. Marcum and Michael Riggs - south of East Overland and east of South Locust Grove:\ De Weerd: Thank you very much. Okay. Item 11 is FP 04-019 for Sagecrest Subdivision. We will start with staff comments. Powell: Madam Mayor, Members of the Council, this is -- was -- this has had several names. This was originally part of the resolution subdivision. It came through the process as Maverick Subdivision. It's final name, we think, is Sagecrest Subdivision. This was the multi-family and office development. This is a copy of the preliminary plat, just the site plan. The plat itself was completely illegible, so we didn't put the pr.eliminary plat up here. This is the final plat and you can kind of tell, it does substantially comply with the approved preliminary plat. I believe that Briggs Engineering and staff were able to work out the bugs and the conditions of approval prior to the publication of the listed conditions, so they are in agreement with the conditions. De Weerd: And so the applicant is in agreement with all of the staff comments? Powell: He is nodding his head in the affirmative. De Weerd: Okay. Council, do you have any questions for staff or the applicant? Bird: I have none. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve FP 04-019, final plat for Sagecrest Subdivision. Bird: Second. Rountree: Second. De Weerd: It's been moved and seconded to approve Item No. 11. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. ( Meridian City Council Regular Meeting April 13, 2004 Page 16 of30 Item 12: FP 04-020 Request for Final Plat approval of 47 single family residential building lots and 2 common lots on 14.32 acres in an R-4 zone for Fulfer Subdivision No. 2 (aka Kelly Creek) by Kevin Howell - north of West McMillan Road and west of North Linder Road: De Weerd: Okay. Item 12 is FP 04-020 for Fulfer Subdivision No.2, aka Kelly Creek Staff. Powell: Madam Mayor, Members of the Council, this came through the process as Kelly Creek Subdivision. It's on the north side of McMillan. This is the approved preliminary plat. The area of the final plat, if you look at that large open space there, it's located there. My red circle is kind of small today. Sorry about that. So, that is the general location of the preliminary plat. You may notice that the open space is a little bit smaller there than is shown on the preliminary plat. That's just a platting issue and an ownership issue. The staff report did point out that they had lost some open space and they do plan on gaining that in a future phase of the subdivision. I was looking around the audience and I don't see a letter from the applicant. To my knowledge, they are in agreement with the conditions of approval, but I don't see a letter and I don't see an applicant, unless this gentleman here in the blue shirt now works for JUs. So, I'm not sure what to tell you as far as their agreement with the conditions of approval. I did check with Steve and he didn't say there was any outstanding conditions. Mr. Fluke usually shows up at the hearings, rather than provides a letter, so I didn't anticipate seeing a letter, but -- De Weerd: Anna, how is that phase connected? Is it-- Powell: I believe it -- I'm sorry. I believe it ties into the -- there is another subdivision just to the east and I forget which one it is. I'm sorry. But I believe that that's how they are coming in. To the west. To the west of it. Sorry. Bird: Well, then, that would be Lochsa. Powell: Is that Lochsa? Bird: That's Lochsa, isn't it? Powell: So, I believe they are coming in this way. De Weerd: No, that's -- that's the lower part-- Bird: That's his upper part of Bridgetower across -- Rountree: It's Bridgetower. Powell: This is number two, so there was a previous phase. I believe the previous phase was -- I don't know. Meridian City Council Regular Meeting April 13, 2004 Page ]7 of30 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mrs. Powell, I mean when is that big common area going to be done, then? Is that -- is any of the area that they have done so far have that common area that's in the center or is that phase 12? Powell: I don't know their phasing plan offhand. It was an ownership issue, so it may be that they don't go to the second southern ownership until a later date. This is the -- this does start at the north end -- the northwest end of the property and go down, so -- and I apologize for not knowing where phase one is. Nary: That's okay. De Weerd: It's not by me, but-- Nary: Madam Mayor, one follow up. I was going to say, I mean even though they are not here to tell us if they agree or not with the conditions, the condition is all right from your perspective and the Public Works Department's perspective? Powell: Yes, sir. Nary: Then, I guess they can live with it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have a problem with that, unless Anna is pretty sure there is no problems with the owner of approving a final plat. If we table it, they will learn to either get a letter or be here, unless there isn't anything controversial that Anna knows of as staff. Powell: Madam Mayor, Council Member Bird, I had about a five minute overlap with Steve today in the office. I know that at least two e-mails went back and forth between Steve and Darin, so I know that they were coordinating today. I don't -- you know, I did get a chance to ask Steve if there was any outstanding issues. He did not indicate that there were any. I think that if you want to teach Mr. Fluke to either send a letter or show up, that would get his attention, but I don't think it's necessary in this case. I mean I think he did coordinate with Steve. It's not like they didn't -- as if they didn't talk today, but -- Bird: Okay. Well, that's -- Nary: Madam Mayor? Meridian City Council Regular Meeting April 13, 2004 Page 18 000 De Weerd: Mr. Nary. Nary: And, Council Member Bird, that's partly why I asked the question, too. I mean as long as -- if we are comfortable with it, I guess the other way to send a message is if they had a problem, they should have come and told us. Bird: That's right. Nary; As long as we are okay with the conditions and they meet our need and such. Bird: And I agree with you, Councilman Nary. As long as our staff is comfortable, then, I'm comfortable. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing that, I move that we approve FP 04-020, final plat for Fulfer Subdivision NO.2. Nary: Second. De Weerd: It's been moved and seconded to approve FP 04-020. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Berg: Madam Mayor, just a point. Darin's usually pretty good about responding and we did have some problems with our e-mail today, so I don't know if we might have not connected, but I had not seen anything on my file this afternoon. De Weerd: Okay. Anna, I guess just one thing on our final plats. There are some subdivisions that are building out and I guess I would like to see us start paying a little attention on the phasing to the -- how traffic -- where it's going and I know in applications we pay attention to how many homes can be built before another access is utilized, but how well do we track when another subdivision connects to that, that might be exceeding that number of houses pouring out onto one access. I know I'm not articulating that very well, but I guess when we get these phasing to see how they are connecting with the rest of the picture. Powell: Madam Mayor, Members of the Council, I do think that is an appropriate information item to ask for, that we could -- as we are redoing our applications I think there is a lot of information that would be very helpful that they can provide fairly easily. I mean they know which ones they have platted and can provide us that information Meridian City Council Regular Meeting April 13, 2004 Page 19 of30 and, generally, they know what's around them as well. I can look at having that -- bring that issue up. De Weerd: Yeah. I know this area is just building out a lot faster than a lot of people had anticipated and so it would be helpful to see how everything is connecting. And it might even be more helpful to our safety services as well. Powell: So, would you like to see just the facing within that subdivision, how it relates to access to arterial roads or just phasing in that subdivision and all the -- a glimpse of the surrounding subdivisions or-- De Weerd: A glimpse of the surrounding -- in particular, if they are going to gain access through the surrounding subdivisions, if that's how they are getting their primary access into their own. Any further requirements or comments? Okay. Thank you. Rountree: That's a good point. Item 13: FP 04-021 Request for Final Plat approval of 36 single-family residential building lots and 8 common lots on 12.9 acres in a R-4 zone for Sutherland Farm Subdivision No.3 by Sutherland Farm, Inc. - east of South Eagle Road on the south side of the Ridenbaugh Canal: De Weerd: Item 13 is FP 04-021, for Sutherland Farms Subdivision NO.3. Powell: Madam Mayor, Members of the Council -- just a second. Thank you. Sorry. This is the third final plat in for Sutherland Farms and the subject of the final plat is shown in the red circle there. They have included the road -- and I'll show you that in a moment -- to gain access to their -- they have delayed on some of the light office uses in the back -- or in the -- to the west, so -- but we have our entrance road coming in, the stub streets -- or the beginning of the other streets and, then, this subdivision -- or this phase of the subdivision. It is in substantial compliance with the approved preliminary plat and this is another JUS plat, so I'm looking to see if there is another letter. I do not see a letter from the applicant, but my understanding was from staff that this was a very clean plat and there was no outstanding issues. De Weerd: Okay. Council, any comment? Okay. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve FP 04-021, final plat for Sutherland Farms Subdivision No. 3. Rountree: Second. Meridian City Council Regular Meeting April 13, 2004 Page 20 of 30 De Weerd: It's been moved and seconded to approve Item 13. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 14: Item 15: Item 16: Continued Public Hearing from March 23, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Continued Public Hearing from March 237 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Continued Public Hearing from March 23, 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: De Weerd: Items 14, 15 and 16 has been requested to be tabled to April 20th. Do I have a motion for continuance? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue public hearings AZ 03-027, PP 03-032, and CUP 03-058 to April 20th, 2004. Rountree: Second. De Weerd: It's been moved and seconded to continue 14, 15, and 16 to April 20th, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: M104-003 Request for a Miscellaneous application for a request to amend Item 15 on Page 10 of the recorded Development Agreement for AZ 00-024 for Sparrowhawk Subdivision, which requires all site improvements to be complete prior to issuance of a Certificate of Meridian City Council Regular Meeting April 13, 2004 Page 21 ono Occupancy. An addendum to the original Development Agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings (Foothills Apartments) on Lot 1, Block 1 of Sparrowhawk Subdivision prior to the installation of the landscaping adjacent to Franklin Road by David Waldron - north side of East Franklin Road and east of South Locust Grove Road: De Weerd: Item 17 is a Public Hearing on MI 04-003 for Sparrowhawk Subdivision. will open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, we actually discussed the nature of this modification to the development agreement as we were processing the Sparrowhawk Subdivision, but we did not make it clear that we needed that, so we are coming back and making that clear. This, for your -- to jog your memory, this is the Sparrowhawk Subdivision on Franklin Road. As you see it, this is the area that's currently torn up or in the process of being rebuilt. This was the recent approval and, then, the previous approval was the apartment complex, which is under construction. The terms of the development agreement requires the landscaping to be in prior to -- I believe it's occupancy of any of the buildings and they are asking that it be waived to 18 months after signature on the final plat. That gives time for the Franklin Road reconstruction to be completed and, then, they can put in their landscaping. There is also a slight modification -- or, actually, it's just a clarification, really, about the perimeter fencing and when and what is required and staff is recommending this amendment. It seems more practical than putting in a lot of landscaping on a road that's being torn up at this time, so we are recommending approval. De Weerd: Okay. Questions for staff? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Anna, on this, though, isn't there interior landscaping? I mean, obviously, you're right, the Franklin Road makes sense, but isn't there interior landscaping as well that could be done? And wouldn't this waiver apply to all of the landscaping, not just along Franklin? Powell: No. If you look on page three, where it has the underline and strike out version, it says: Except for perimeter fencing along the north property line and landscaping adjacent to Franklin Road and Nola Road. So, it's just -- it just exempts out those two items. Nary: Okay. Great. Thank you. De Weerd: Okay. Is the applicant here? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council Regular Meeting April 13, 2004 Page 22 of 30 McReynolds: I do. De Weerd: Thank you. Please state your name and address. McReynolds: Clay McReynolds, 8865 Vick Lane, Middleton. De Weerd: Thank you. McReynolds: Madam Mayor, Council Members, actually, Mr. Waldron was here and when he saw I was here he asked me to step in, because he had another meeting he wanted to attend, so -- as far as the interior landscaping, we have no intent of not -- of not installing that. And I guess more than anything else, it's a matter of clarification. Our concern with the apartments is that we anticipate completion of construction hopefully in July and we'd like to be able to have tenants start moving. Additional items of concern, I guess, that I'd like clarification on regarding this, one is after the 18 months if, for whatever reason, the owner doesn't install the landscaping in front of the remaining portions of the subdivision, other than the apartments, we are not going to -- I assume our certificates of occupancy will not be conditional. She will have bonded those improvements -- we are not talking about a conditional certificate of occupancy, I would assume. And the other was I had a question regarding the perimeter fencing. Obviously, we will be installing perimeter fencing around the apartments that would match that around the remaining subdivision. The fencing around the remaining part of the subdivision, the commercial portion, would that also be removed as a condition of the certificates of occupancy for the apartments? And I would ask that that be the case, because for similar reasons, that the landscaping is an issue, when construction takes place on that remaining portion there are going to be some areas of pretty substantial grade differentials and the construction, I think, would require that a lot of that fence be rebuilt if the owner pays for it now, when the remainder of the subdivision is built out. De Weerd: Anna, do you want to answer that? Powell: Sure. Madam Mayor, Members of the Council, regarding the issue of conditional occupancies, we did -- that is not the case. Those occupancies are good. But it does say if the -- after 18 months the landscape improvements have not been constructed, the city shall not issue any building permits or issue certificates of occupancy for any structure on the property until the required improvements have been installed, complete, and accepted by the city. So, that would mean if you have got a building permit in process and that 18 months goes by, you will not receive a certificate of occupancy, likewise, neither will the city issue a new building permit until those improvements are in place. Regarding the perimeter fencing, the way it currently reads is that the owner developer agrees that perimeter fencing for each phase of the development shall be installed prior to obtaining certificates of occupancy within said phase. So, for example, we would be looking for all the perimeter fencing for the apartment complex at the time that you were seeking a certificate of occupancy for the apartment complex. We would not, however, be looking for one on the remainder portion, it would just be for the apartments. Meridian City Council Regular Meeting April 13, 2004 Page 23 of 30 Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Anna, I think what I heard him say -- the gentleman say, though, is having a -- a bonding requirement to complete it, because although I don't know how likely it is, but the only caveat here is the 18 months, and, then, the future building permits and occupancy permits and that mayor may not -- depending on the nature of the project, depending on how it gets done and how quickly it gets done, it still doesn't get it completed. If, for example, the economy takes a downturn, they are still not going to do it and right now I would think it would be more beneficial to have -- if we are going to amend the development agreement, that they also, if they are willing, to agree to simply bond to get those improvements completed within those 18 months. If not, there is money there to get it done and accomplished, so that we don't have this eye-sore along Franklin Boulevard -- or Franklin Road. Powell: Just confirming with the city engineer on bonding. Typically, we get the bonding right away -- right -- right away, as opposed to right of way, but I guess I was never clear if that wasn't an option under the existing development agreement, but I think that they wanted to make it clear that they wanted the apartments to go forward. So, we could still ask for a bond in lieu of the improvements at this time or we could tie it to a later date. McReynolds: From my perspective I actually wouldn't have any opinion one-way or the other. I don't have a concern that they post a bond and I'm just not articulating well. My point was that, you know, if a bond was going to be required, that the city would have that protection without having the ability to move our tenants out. De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, just a remainder that a similar waiver on 18 months was approved for the commercial part of this in the re-subdivision -- the re-plat that was just done and so that's part of that approval is to grant the 18 month extension. So, all you're doing is making the rest of this piece match up with what you approved last time. Nary: I take it by your statement, Mr. Nichols, that we didn't put bonding in that piece either, so -- Nichols: Madam Mayor, Members of the Council, at least not anything -- not anything extraordinary, but, typically, where there is improvements that are going to be deferred, bonding has been a requirement, so I can't say that it's not there, because it may well be there as a standard condition. Powell: Madam Mayor? De Weerd: Yes. Meridian City Council Regular Meeting April 13, 2004 Page 24 of 30 Powell: Members of the Council, I think I was using the wrong terminology. It would not be bonding, it would be a surety or a letter of credit is what we usually take for those. De Weerd: Okay. Any further questions or comments? Do you have anything else? McReynolds: No. De Weerd: Thank you. Okay. Council, this is a Public Hearing. If you so desire, we could close this Public Hearing. Bird: So moved. Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing for Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve MI 04-003, Sparrowhawk Subdivision and incorporate staff and applicant testimony and I'm sure that Mr. Nichols can put it in the right words. Rountree: I will second that. De Weerd: Okay. Well, we look forward to the findings. Any further comments? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 Y2 Street: Item 19: Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC -1236 East 2 % Street: Meridian City Council Regular Meeting April 13, 2004 Page 25 of 30 De Weerd: Thank you. Okay. Items 18 and 19 have been requested to be delayed for posting requirements. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we table Items 18 and 19, public hearings for Troy Place Subdivision until April 27th. Nary: Actually, it's going to have to be whenever it's noticed. Berg: It's May. Rountree: Or May. When it's re-noticed. Bird: Second. De Weerd: Okay. Mr. Nichols, do we need a specific motion on this if it wasn't properly noticed? Nichols: Madam Mayor, not necessarily, but you already have one on the floor and it's not inappropriate to specifically address it, since it was on your agenda. De Weerd: Okay. It's been moved and seconded to table Items 18 and 19 to the proper posting date. Rountree: Re-notice date. De Weerd: Re-notice date. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 20: Resolution No. Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: De Weerd: Item 20 is Resolution No. 04-428, approval to proceed with the work for a tree replacement. We don't read these -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Is there an actual resolution? Because I only saw the letter. I didn't see an actual resolution. Meridian City Council Regular Meeting April 13, 2004 Page 26 of30 Nichols: Madam Mayor, Members of the Council, until I saw the agenda I didn't realize there was a resolution that was referred to, because there is no specific resolution. Nary: So, it sounds like -- Madam Mayor. I'm sorry. De Weerd: Mr. Nary. Nary: We should probably set this matter over to next week's agenda and, actually, have an actual resolution on this and I guess if -- maybe someone can answer the question. Why didn't this get done? I mean it's one tree and ifs been five years. Why didn't this get accomplished? Did it just get missed for five years? De Weerd: Is there anyone that can -- Nary: It's just a question to the wind, I guess. Bird: You're just getting the wind. Rountree: Madam Mayor, my question is why do we need a resolution? Nary: Because our ordinance requires an official action to release the bond to actually do the work, so we have to officially do it, but I don't know why it's five years old -- Bird: That was a motion, wasn't it, Councilman Nary? Nary: Yeah. The motion is to set that over to the next -- Bird: Second. Then we can discuss it. Nary: Until we can have an actual resolution. Bird: Second it. Nary: Okay. De Weerd: Okay. It's been moved and seconded to set Resolution No. - this resolution for Item 20 over to next week. All those in favor say aye. All ayes. Motion carried. MOTION CARRI ED: ALL AYES. Item 21: Miscellaneous Business De Weerd: We were -- we did ask staff to come prepared this week to have some discussion on our area of impact. I think that Brad did have something for us. Meridian City Council Regular Meeting April 13, 2004 Page 27 of30 Watson: Madam Mayor, my computer was temporarily hijacked, so I'm booting up right now and it will take -- De Weerd: Well-- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: We did have a request from the fire commission to meet on the 27th for their comments, so I don't know -- is Mr. Watson ready to discuss that tonight? De Weerd: He's ready to discuss the sewer end of it. Nary: Okay. De Weerd: And we can discuss further with the fire commissioners their areas of impact. And while we wait for Mr. Watson, I do have a copy of kind of the final draft of what our city pin is going to look like and -- Bird: Who selected that color? De Weerd: I did. Bird: That's my favorite, blue and gray. De Weerd: That's a good thing. Just for your comment, if you have anything, you can let me know after the meeting. So, any comments are appreciated. Okay. I think I also had sent out to each of the Council members the Association of Idaho Cities is putting out information requesting projects to -- for their legislation -- or legislative ideas of what their focus should be next year and I will certainly provide input on that regarding possible legislation and consideration for this three percent cap. Also they are looking for entries or nominations for the Idaho Heritage City recognition and also the AIC City Achievement award. [have asked our city clerk to look over what has been submitted from other communities in the past and maybe get some ideas. The chief is looking into the probation and parole partnership and I believe that Kenny is going to put something together regarding the safe house. So, if you have any ideas of projects that you're aware of, have been involved in, I would certainly appreciate your input. Rountree: Madam Mayor, do they have to be projects specific? Can they be just completed, like the planning process for downtown revitalization? Is there a category for that? De Weerd: I believe that Anna has talked to her staff, in particular Steve on that. I think they would like to wait one year to show some of the benefits and the results of that. Nary: Madam Mayor? Meridian City Council Regular Meeting April 13, 2004 Page 28 of 30 De Weerd: Mr. Nary. Nary: And this one also may be a ways, but the Adventure Island playground project is another one that I think is a very noteworthy project as well and community involvement, but maybe after the community build that might be a better way to really focus on that project. De Weerd: Yes. And that was discussed at the director's meeting this morning that certainly we'd like to highlight the community build as part of that application. That's going to be a key application I think next year, so -- but I appreciate those ideas. Please, if anything else comes to mind do, please, bring them up and we will see if we can do it. I am looking at possibly submitting our transition team process. It's very unique in the state of Idaho and it -- I'll get your comments after you see it tomorrow and see if you would agree with me. But if you have any other ideas, I would appreciate it. Also, just real quick, Pennwood Street and 3rd vacation is on the agenda for the commission tomorrow night and it's something that we just approved the RV resort last week. They had not made any motions on vacating that and staff is recommending to not approve it. So, we will see how that goes. Powell: Madam Mayor, just for an update, I did sign a letter -- Craig Hood wrote it and Craig will attend the CHD hearing as well. De Weerd: Thank you. Thank you, Anna. Also Anna put together value statements or all of our departments participated in defining our core values. We will be giving them priorities -- each of the department directors will be bringing that back in our May 4th director's meeting. I will go ahead and e-mail these to you, if you could, please, participate in looking at each of these values and giving us your top five priorities on the statements that support each of the words. There is a number of defining lines, 36 just for customer service, and we had a great deal of input from the staff and departments, very much appreciated, and I would enjoy your participation in this process as well. So, please get your priorities back to Peggy by the 27th. And it will be included in that meeting that we have on the 4th of May. And Mr. President, you or Keith, if you'd like to join us for part of that. Nary: Okay. Great. De Weerd: We would enjoy your participation. Bird: When is this now? De Weerd: At our director's meeting on May 4th. Bird: May 4th. If Mr. Nary can make it, that will be great, if not I will -- Nary: I will check. Meridian City Council Regular Meeting April 13, 2004 Page 29 of 30 De Weerd: I don't think anyone would be opposed to having both of you. You're not a quorum. And just a final note. I'm sure you all received the HR -- Bird: Like it very welL Very nice, Tammy. Appreciate it. De Weerd: Thank you. That's all J had. And I believe that staff is now ready. Watson: Madam Mayor, not really. I'm having some technical problems still, so J can either brief you on this real quickly or we can wait until next week, but the aerial photos evidently didn't come over with the CD. This was supposed to show the area north of Chinden and -- the trunk lines show, but the aerial photos don't, so you don't have any good frame of reference, so -- I apologize. We can -- either way. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd like to see it when he has the whole complete thing together, where we can have the aerial photos and everything on it. I think it will have a better impact on us and I think it would be better for Brad, too, at that point. De Weerd: Council? Nary: Madam Mayor? De Weerd: Yes. Mr. Nary. Nary: I guess I would agree with Mr. Bird, because I think if we do it this way, we are going to want to hear it again anyway. Bird: That's right. De Weerd: And I know you just all want to go home. Okay. Is there any further business in front of the Council? Thank you, Brad. Mr. Clerk? Berg: Yes, Madam Mayor, there is one issue that you need to think about. By April 30th I need to submit a date to the county clerk as to when we are having our Public Hearing for our budget, so we are going to have to look in some calendars and see if you want it on a regular scheduled meeting or a special meeting, so we got to set a date and I need to send it to them. De Weerd: Generally, we have it the last Tuesday of August; correct? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Regular Meeting April 13, 2004 Page 30 of30 Berg: Well, the last couple years you have. Bird: I think we have had it, as you say, the last Tuesday, but I think we have had it just as strictly a budget hearing meeting. We haven't had other stuff on the agenda and that's the way I think it should be. Rountree: That's a fifth Tuesday, so it works. Bird: And I agree with that. I agree a hundred percent. De Weerd: Okay. So, does that help, Will? I think it was just that -- and it's Shaun's birthday, so what a great way to celebrate. Nary: Where else would you want to be on your birthday, but here? Berg: Would you like to start at 7:00 or 6:00 or 6:30 or a quarter to 8:00? De Weerd: Mr. Wardle, since it's your birthday, it's your choice. Wardle: I would prefer to start just a tad earlier. 6:00 would be fine. Berg: Thank you. De Weerd: Okay. I would entertain a motion to adjourn, if there IS no further discussion. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:33 P.M. 4- J 21 J tJ 1- DATE APPROVED ATTEST: April 8, 2004 MERIDIAN CITY COUNCIL MEETING AZ 03-021 April 13, 2004 APPLICANT Packard Estates Development, LLC ITEM NO. { 5 - A REQUEST Tabled Findings from 4/6/04 - Request for reconsideration for annexation and zoning of 114.25 acres from RUT to R-8(PD} and C-G zones for proposed Redfeather Estates Subdivision No.2 - south of East Ustick Road and east of North Eagle 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: Contacted: ~f_~ Date: 41171 M~ne: 33~" oq ~O Emailed: ~.rt".f-- ~ Materlals presented at public meetings shall become property of the ity of Mendlan. See attached Findings liJ./ u.rr~f5' fJ- ~ ~LiriJ (}il/ April 1, 2004 MERIDIAN CITY COUNCIL MEETING AZ 03-021 April 6, 2004 APPLICANT Packard Estates Development. LLC ITEM NO. to - E. REQUEST Tabled Findings from 3/23/04 -- Request for reconsideration for annexation and zoning of 114.25 acres from RUT to R-8(PD) and C-G zones for proposed Redfeather Estates Subdivision No.2 -- south of East Ustick Road and east of North Eagle 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 HJGHW A Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS JRRIGA TION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See aHached Findings ~~ OLY l'/ kl Contacted: Emailed: LU Date: L-j-6'-O'j Phone: c; 3'6 -' 0 q f() Staff Initials: ~ C Materials presented at public meetings shall become property of the C' ?Meridlan. RECEI'lED APR 2 1 2004 City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL C/C 03/02/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 114.52 ACRES ) FOR PROPOSED RED FEATHER ) EST A TES SUBDIVISION NO.2) FROM RUT TO R-4 PLANNED ) DEVELOPMENT AND G-G ) GENERAL RETAIL AND SERVICE ) COMMERICAL, LOCATED ON ) THE SOUTH SIDE OF USTICK ) ROAD, ~ MILE WEST OF ) CLOVERDALE ROAD, AND THE ) EAST SIDE OF EAGLE ROAD/SO ) 55, ~ MILE SOUTH OF USTICK, ) MERIDIAN, IDAHO ) ) ) ) ) Case No. AZ-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PACKARD ESTATES DEVELOPMENT, LLC, APPLICANT The above entitled annexation and zoning application having come on for public hearing on March 2,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blecher, Bruce Mills, Kenny Bowers and Susan Cole, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 1 OF 26 FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~S 11-15-5 and 11-16-1. 2. The 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, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subj ect of the application for annexation and zoning is described in the application, is approximately 114.52 acres in size and is located on the south side of Us tick Road, ~ mile west of Clover dale Road, and the east side of Eagle Road/SH 55, ~ mile south of Us tick, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record ofthe subject property are Harry and Frances Bryson, Melvin R. and Noma E. Sclrrammeck Trust, Alan and Elaine Durkheimer, Melvina and Will Grant, The Ustick 36, LLC and Archie Ralph Wood, and all have submitted notarized consent for Packard Estates Development, LLC to submit the subject applications. Applicant is Packard Estates Development, LLC. 5. The property is presently zoned RUT (Ada County), and consists of a single- family residence and vacant land. 6. The Applicant requests the property be zoned as R-4/90.29 acres (Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 2 OF 26 Residential) and C-G/24.23 acres (General Retail and Service Commercial). 7. The subject property is bordered to the north by Heather Meadows Subdivision, pending Kissler annexation parcel (18 acres) and a future church site, to the south by Clover Meadows Subdivision and a turf fann, to the east by Briarwood, Dawson Meadows and Redfeather Estates No.1 Subdivisions, and to the west by Perkins-Brown Subdivision and undeveloped land. 8. The Applicant proposes to develop the subject property in the following manner: 302 building lots and 28 other lots on 90.29 acres. 9. The Applicant requests zoning of the subject real property as R-4 and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The Milk Lateral and the South Slough Drain are two scenic features that affect the consideration of this application. 11. The City Council recognizes the concerns of the following individuals: Sherry and Harvey Hoff (letter dated 9/12/03) J.P. Rolison (letter dated 9/1/03) Charles and Josephine Altman (letter dated 9/3/03) Fitzroy A. and Virginia Belcher (letter dated 9/4/03) Hal and Michelle Broadhead (letter dated 9/3/03) Gerald J. and Cathy L. Reeves (letter dated 9/3/03) lR. Nishioka (letter dated 9/1103) Wilbur K. and Barbara A. Braddick (letter dated 9/8/03) Dan and Darlene Thompson Robert C. Sanders (letter dated 9/10/03) Howard and Karen Jeffries (letter dated 9/11/03) Sue Piva (letter dated 12/4/03) Michael Tyvand (letter dated 12/4/03) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 3 OF 26 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation. B. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extension. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Prior to annexation, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to be approved only through the conditional use penuit process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to these same properties: Transportation Policies Applicable to the BrysonlSchrammeck Annexation: . "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 4 OF 26 should be examined for ways to encourage aU forms of transportation such as transit, walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. . In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. . Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the BrysonJSchrammeck Annexation: . "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; . Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING RED FEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 5 OF 26 C. Adopt the Recommendations of the Ada County Highway District as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shan do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish aU necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east ofthe west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder ofthe internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640- feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north ofthe south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDNISION NO.2 PLANNED DEVELOPMENT (AZ-03-021 ) PAGE 6 OF 26 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrian/bicycle pathway that connects the improvements on Duane Drive (south ofthe gate) to the 24-feet of pavement that exists (north ofthe gate). * Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately SOD-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, tlTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 1 O. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the north property line approximately 100-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREI1. 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Cloverdale Road and Granger Street ifthe warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island!median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-square foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021 ) PAGE 7 OF 26 area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 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 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021 ) PAGE 8 OF 26 4. All roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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 a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. It is requested that Duane Dr. be connected with full width street to provide secondary access for the project. A public street connection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (Per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the Recommendations of the Central District Health Department as follows: 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-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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 9 OF 26 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. G. Adopt the action of the City Council taken at their March 2,2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's ofletter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion ofthe property is to be made a part ofthis aooexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Bany & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscape buffer along U stick Road to be 35 feet, which meets the entryway corridor policy ofthe City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDNISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 10 OF 26 13. It is found that the requested zoning designations, R -4 and C-G, are harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Regional for the proposed G-G property and Medium Density Residential for the R-4 property". 14. It is not anticipated that the applicant intends to rezone the subject property in the future because of the proposed use in the R-4 zone (single-family) and the flexibility for future development on the C-G proposed property. 15. It is found that the proposed single-family residential portion of the zoning amendment would be developed in a manner substantially consistent with the proposed R-4 zone and/or consistent with aIloweable Planned Development uses. The applicant submitted a revised preliminary plat, planned development plan, and landscape plan for the R -4 single-family residential property, but a Development Agreement will need to be entered into between the City of Meridian and the owners of the property to be zoned C-G (Hany & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number B.2. above for further explanation.) 16. It is found that the annexation, zoning and redevelopment of parcels to the north and east of this site (within Boise City limits) to medium density residential uses are similar to the proposed use and would be compatible. Recently there have been several larger residential subdivisions, with densities similar to those allowed in the R-4 zone that have been approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 11 OF 26 City of Boise. Providence Place, Heather Meadows Subdivision, Dawson Meadows Subdivision and Redfeather Estates Subdivision #1 have all been approved for single-family residences in the vicinity of this site. An annexation and zoning application for a proposed C-G zone was approved by the Planning and Zoning Commission in September 2003 for the 18 acres immediately north of the proposed C-G property within the subject application. The arterial streets adjacent to this site, Ustick Road (between Cloverdale Road and Eagle Road) and Eagle Road are currently not included within ACHD's Five Year Work Program for roadway improvements. 17. It is found that the proposed use R-4 (single family residential) match the intended character ofthe vicinity. It is found that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. It is also found that to ensure compatibility of the commercial area, a Development Agreement shall be required which will help guide appropriate and harminous appearances in the future. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. It is found that it will not adversely change the essential character of the area. 18. It is not anticipated that the proposed residential or commercial uses will be hazardous or disturbing to future or existing neighbors, due to other existing and proposed uses in the vicinity of the site. 19. The Meridian Fire Department submitted a list of conditions and needs in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 12 OF 26 adequately serve the project, and said list is addressed within 12. D. hereinabove. Additionally, ACHD submitted their requirements, recommendations and conditions which are addressed in 12.C. hereinabove. Water and sanitary sewer services are proposed to be extended from existing service lines in Ustick Road and near the South Slough, via Eagle Road. 20. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. The developer will be financing the extension ofsewer, 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. 21. It is found that the proposed residential and commercial zones/uses will not be detrimental to people, property or the general welfare of the area. The proposed uses on the subject property will create additional traffic on nearby arterial roadways. Washington Group International prepared a traffic study for this site. As a result of the site build-out, Washington Group anticipates that traffic on the vicinity roadways are expected to increase as follows: traffic on U stick Road, west of Duane Drive, may increase by 905 vpd; traffic on Us tick Road east of Grenadier Way may increase by 874 vpd; traffic on Cloverdale Road north of Granger Street may increase by 332 vpd; traffic on Cloverdale Road south of Granger Street may increase by 905 vpd. The intersection of Ustick Road/Cloverdale Road is currently operating at a LOS E with a delay of 56 seconds per vehicle. At build-out of the Redfeather Estates No.2 site, the Ustick Road/Cloverdale Road intersection is projected to continue operating at LOS E with a delay of70 seconds per vehicle. The intersection of Cloverdale Road/Fairview A venue is currently operating at a LOS F with a delay of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 13 OF 26 112 seconds. At build-out of the Redfeather Estates No.2 site, the intersection is projected to continue operating at LOS F with a delay of 112 seconds per vehicle. It is recognized that the traffic and noise will increase with the approval of this subdivision; however, it is believed that the amount generated will be detrimental to the general welfare of the public. It is not anticipated that the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. 22. ACHD has reviewed and recommended approval ofthe vehicular approach to the site from Ustick Road. The ACHD Commission approved the subject application and proposed vehicle approaches. Further, the applicant is proposing to extend stub streets that were originally approved and constructed to provide efficient access to the site, limiting the amount ofinterrerence with traffic on surrounding streets. Review of the ACHD report for this project will provide additional information. 23. A revised Landscape Plan was submitted and which Plan increased the landscaping along Ustick Road to 35 feet, it took out the very long street and created a loop. Additionally, there will be pedestrian access from the current terminus ofBrianvood Drive to Brianvood Subdivision, as proposed, and to retain the existing maple tree. All trees that are removed from this site shall be mitigated in accordance with MCC 12-13-13-6. The revised Landscape Plan was approved by the Planning and Zoning Department. The South Slough (Finch Lateral) crosses the subject property along the southwest comer of the proposed R -4 property. The Milk Lateral will be piped by the Applicant. The applicant is proposing to construct a 1 O-foot wide paved multi-use pathway adjacent to the lateral as part of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONlNG REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021 ) PAGE 14 OF 26 development proposal for the Redfeather development. If all applicable agency design and treatment standards are complied with, it is found that the proposed pathway will not result in the destruction, loss or damage of the lateral. Rather the proposal should enhance the lateral by allowing nearby residents to enjoy the feature. There appears to be no other natural or scenic features of major importance in the area that may be affected the proposed rezone/uses. 24. It is found that the annexation/rezone of this property would be in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 15 OF 26 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VI and Chapter VII. 5. The zoning of (R -4) Low Density Residential is defined in the Zoning Ordinance at ~ 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose ofthe R-4 District is to permit the establislunent oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 16 OF 26 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 114.52 acres to Low Density Residential (R-4) and General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 114.52 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDNISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 17 OF 26 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation. C. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development ofthe parcel would warrant the extension. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Prior to annexation, a Development Agreement shall be entered into between the City of Meridian and the owners ofthe property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to be approved only through the conditional use permit process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to these same properties: Transportation Policies Applicable to the Bryson/Schrammeck Annexation: · "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 18 OF 26 · New development should not rely on cul-de-sacs since they provide poor fire access, walkabi1ity, and neighborhood socia11ife. New development and streets should be designed to encourage walking and bicycling. · In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. · Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality oflife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. · Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Bryson/Schrammeck Annexation: · "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; · In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; · Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 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. C. Adopt the Recommendations ofthe Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 19 OF 26 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north ofthe south property line, as proposed. 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrian/bicycIe pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north ofthe gate). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 20 OF 26 * Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission ifthere was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office. ) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus ofthe roadway stating that, I1THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREI1. 11. Construct a stub street to the north property line approximately 100- feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREI1. 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Clover dale Road. 14. Coordinate the timing and the design ofthe right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 21 OF 26 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 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 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front offire hydrants shall be painted red for 10' on each side ofthe installation. 4. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 22 OF 26 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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 a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. It is requested thut Duone Dr. be connected '.vith full \vidth street to provide secondary access for the project. A public street connection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate tlle design of the gate with ACHD and the Meridian Fire Department. (Per action of the City Council meeting of March 2,2004.) E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the Recommendations ofthe Central District Health Department as follows: 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHERESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021 ) PAGE 23 OF 26 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. G. Adopt the action ofthe City Council taken at their March 2, 2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's of letter to Anna Powell - Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part ofthis annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number 8.2. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 4. The City Attorney shall prepare for consideration by the City Council the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING RED FEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021 ) PAGE 24 OF 26 ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District and (C-G) General Retail and Service Commercial District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 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 oftms 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 / Q-IA .;J - day of ;1pr/ ~L ,2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021 ) PAGE 25 OF 26 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~L. COUNCILMAN KEITH BIRD VOTED~?- MA YOR TAMMY de WEERD (TIE BREAKER) DATED: 1- / J - &1- MOTION: APPROVED:L DISAPPROVED: VOTED Attest ByJh~fr~,rJ Dated: 1--t/-tJ4-- City Clerk Z:\ Work\M\Meridian\Meridian [5360M\Redfeather Estates Sub. No.2 AZ-03-021 PP-03-024 CUP-03-041\AZFfCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 26 OF 26 April 8, 2004 MERIDIAN CITY COUNCIL MEETING CUP 03-041 April 13, 2004 APPLICANT Packard Estates Development, LLC ITEM NO. c5 - u REQUEST Tabled Findings from 4/6/04 - Request for reconsideration for revised CUP for a PO for single-family residential use w/reduced setbacks, lot sizes, lot frontages, house sizes & increased blk h for proposed Redfeather Esates Sub No.2 - slo E. Ustick Road & elo N. Eagle 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 Findings ,r9~ Ulrf' Contacled:~ Date: 41t?\M. Emailed: ~t'\c..+- ~ Material presente at public meetings shall become property of the hone: 33'6'~0180 April 1, 2004 MERIDIAN CITY COUNCIL MEETING April 6, 2004 APPLICANT Packard Estates Development, LLC CUP 03-041 Lo-G ITEM NO. REQUEST Tabled Findings from 3/23/04 -- Request for reconsideration for revised CUP for a PO for single-family residential use w/reduced setbacks, lot sizes, Jot frontages, house sizes & increased blk Ig1 for proposed Redfeather Esates Sub No.2 -- s/o E. Ustick Road & e/o N. Eagle 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 IRRIGA nON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: .~ n 11. J Nlr il,fuA Date:'1-y()l1. Phone: Emailed: ~ 0 Staff Initials: C}')/ Materials presented at public meetings shalf become property of the~ Meridian. See attached Findings l#{o ~ a( \1/0 k/ interoffice MEMORANDUM - To: William G. Berg, Jr. From: William F. Nichols Subject: BY: PACKARD ESTATES DEVELOPMENT, LLC FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR REDFEA THER ESTATES SUBDNISION NO.2 IN AN R-4 AND C-G ZONE File No.: CUP-03-041 Date: March 22, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\ Work\M\Meridian\Melidian I 5360MlRedfeather Estates Sub. No.2 AZ-03-02 [ PP-03-Q24 CUP-03-041\ClkLtrCUPffcls&Order,doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR REDFEA THER ESTATES SUBDIVISION NO.2 IN AN R-4 ZONE, LOCATED ON THE SOUTH SIDE OF US TICK ROAD, y,; MILE WEST OF CLOVERDALE ROAD, AND THE EAST SIDE OF EAGLE ROAD/SH 55, y,; MILE SOUTH OF USTICK, MERIDIAN, IDAHO PACKARD ESTATES DEVELOPMENT, LLC, APPLICANT C/C 03/02/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-041 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 2,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blecher, Bruce Mills, Kenny Bowers and Susan Cole, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 24 City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 2, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 2, 2004 public hearings; and the applicant, affected property owners; and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. 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. 3. This proposed development request is in an RUT zone and by reason of the provisions ofthe Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 24 4. The property is located on the south side of Us tick Road, ~ mile west of Cloverdale Road, and the east side of Eagle Road/SH/55, .~ mile south of Us tick, Meridian, Idaho. 5. The owners of record of the subject property are Harry and Frances Bryson, Melvin R. and Noma E. Schrammeck Trust, Alan and Elaine Durkheimer, Melvina and Will Grant, The Ustick 36, LLC, and Archie Ralph Wood. 6. Applicant is Packard Estates Development, LLC. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for armexation and zoning to R-4 (Low Density Residential) before the City Council. The zoning districts ofR-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use pennit for a Plaruled Development consisting of302 building lots and 28 other lots on 90.29 acres in a proposed R-4 zone for Redfeather Estates Subdivision No.2. The R-4 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use pennit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential for the proposed R-4 property. 10. The use proposed within the subject application will in fact, constitute a conditional use as detennined by City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 24 11. The City Council recognizes the concerns of the following individuals: Sherry and Harvey Hoff (letter dated 9/12/03) J.P. Rolison (letter dated 9/1/03) Charles and Josephine Altman (letter dated 9/3/03) Fitzroy A. and Virginia Belcher (letter dated 9/4/03) Hal and Michelle Broadhead (letter dated 9/3/03) Gerald J. and Cathy L. Reeves (letter dated 9/3/03) J.R. Nishioka (letter dated 9/1/03) Wilbur K. and Barbara A. Braddick (letter dated 9/8/03) Dan and Darlene Thompson Robert C. Sanders (letter dated 9/1 0/03) Howard and Karen Jeffries (letter dated 9/11/03) Sue Piva (letter dated 12/4/03) Michael Tyvand (letter dated 12/4/03) 12. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Plmming and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the annexation/rezone and preliminary plat as a condition of the conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 24 2. The modified development standards, induding reduced lot sizes, reduced frontage requirements, reduced minimum house size and block length requirements, are approved as depicted on the submitted site plan. 3. The applicant shall provide the following amenities as a condition of the CUP/PD: a pocket park on Lot 1, Block 9 (with a clubhouse/pool/recreation area), a pocket park on Lot 3, Block 24 (with a basketball court), and a multi-use pathway along the South Slough. All amenities shall either be constructed or bonded for prior to signature on the final plat. (The Block numbers in this paragraph have been revised per the action ofthe City Council taken at their March 2, 2004 meeting.) 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The following reductions to the Zoning and Subdivision Ordinance dimensional standards are approved as part of CUP-03-041 : Lot Size- City Requirement Proposed Lot Sizes R-8: 6,500 sq. ft. per lot (detached) R-8: 5,250 sq. ft. minimum per lot ( detached) House Size- City Requirement 1,301 sq. ft. minimum Proposed Minimum Area 1,200 sq. ft. minimum Frontage- City Requirement 65' minimum (standard) 40' minimum (cul-de-sac) Proposed Minimum Frontage 37' 33' Block Length-City Requirement 500' minimum 1,000' maximum Proposed Lengths 215' minimum 1,850' maximum B. Adopt the Recommendations of Central District Health Department as follows: 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 24 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 stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. C. Adopt the Recommendations of ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east ofthe west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 24 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. 7. Install swinging gate* at the connection of Duane Drive* and Palm Street for the present time. Construct a pedestrianlbicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north ofthe gate). *Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission ifthere was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell - Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately SOD-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east ofthe west property line, as proposed. Install a sign at the terminus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREII. 11. Construct a stub street to the north property line approximately 1 DO-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, I1THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Clover dale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum ofa 21-foot street FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 24 section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 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 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 24 6. 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 a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. It is requested that Duane Dr. be cOlillected with full width street to provide secondary access for the project. The public street cOlUlection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (Per action of the City Council meeting of March 2,2004.) E. Adopt the Recommendation ofNampa & Meridian Inigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the action of the City Council taken at their March 2,2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's ofletter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office.) Additionally, the Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion ofthe property is to be made a part of this annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 24 & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement also cites the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Inna Mittleider, the Applicant resolved this situation by positioning the right -of-way further north to compensate for whatthe Mittleider's believe to be their propeliy. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increase landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 14. It is found that the subject property is large enough to accommodate the requested use and all required yards, open spaces and other features required by this ordinance, upon the submittal of the revised preliminary plat. 15. The current Comprehensive Plan Land Use Map designates the property as Medium Density Residential for the proposed R-4 property. It is found that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 16. That the proposed R-4 zoning and subsequent residential use proposed in the revised preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. It is also found 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. It is also found that that to ensure compatibility of the commercial area, a Development Agreement shall be required which will help guide appropriate and harmonious appearances in the future. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 24 other similar subdivisions in the general vicinity. It is not found that the project will adversely change the essential character of the area. 17. It is not anticipated that the proposed project will have an adverse impact on other properties within the vicinity. 18. It is found that the proposed development can be adequately served by the essential public facilities and services. The Meridian Fire Department submitted conditions, and said conditions are addressed in number 13. D. hereinabove. Water and sanitary sewer service are proposed to be extended from existing service lines in Ustick Road and near the South Slough, via Eagle Road. The developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. 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. 20. It is found that the proposed uses on the subject property will create additional traffic on nearby arterial roadways. It is also recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated will be detrimental to the general welfare of the public. It is not anticipated the proposed uses will create excessive noise, smoke, fumes, glare, or odors. 21. ACHD has reviewed and recommended approval of the vehicular approach to the FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG CONDITIONAL USE PERMIT PAGE 11 OF 24 site from Ustick Road. The ACHD Commission approved the subject application and proposed vehicle approaches. Further, the applicant is proposing to extend stub streets that were originally approved and constructed to provide efficient access to the site; limiting the amount of interference with traffic on surrounding streets. Review of the ACHD report for this project will provide additional information. 22. A revised Landscape Plan was submitted and which Plan increased the landscaping along Ustick Road to 35 feet, it took out the very long street and created a loop. Additionally, there will be pedestrian access from the current terminus of Briarwood Drive to Briarwood Subdivision, as proposed, and to retain the existing maple tree. All trees that are removed from this site shall be mitigated in accordance with MCC 12-13-13-6. The revised Landscape Plan was approved by the Planning and Zoning Department. The South Slough (Finch Lateral) crosses the subject property along the southwest comer of the proposed R -4 property. The Milk Lateral will be piped by the Applicant. The applicant is proposing to construct a 1 O-foot wide paved multi-use pathway adjacent to the lateral as part ofthe development proposal for the Redfeather development. If all applicable agency design and treatment standards are complied with, it is found that the proposed pathway will not result in the destruction, loss or damage of the lateral. Rather the proposal should enhance the lateral by allowing nearby residents to enjoy the feature. There appears to be no other natural or scenic features of major importance in the area that may be affected the proposed rezone/uses. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 I 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part ofa zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the tenns of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 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; b. That the proposed use and development plan will be hannonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF24 d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and 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. 5. Prior to granting a conditional use penn it in the Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 24 public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use pennit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 24 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use pennit for a Planned Development consisting of302 building lots and 28 other lots on 90.29 acres in a proposed R-4 zone for Redfeather Estates Subdivision No. 2 located on the south side of Us tick Road, ){ mile west of Cloverdale Road, and the east side of Eagle Road/SH/55, ){ mile south of Us tick" Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the annexation/rezone and preliminary plat as a condition of the conditional use pennit. 2. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced minimum house size and block length requirements, are approved as depicted on the submitted site plan. 3. The applicant shall provide the following amenities as a condition ofthe CUP/PD: a pocket park on Lot 1, Block 9 (with a clubhouse/pool/recreation area), a pocket park on Lot 3, Block 24 (with a basketball court), and a multi-use pathway along the South Slough. All amenities shall either be constructed or bonded for prior to signature on the final plat. (The Block numbers in this paragraph have been revised per the action ofthe City Council taken at their March 2,2004 meeting.) 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The following reductions to the Zoning and Subdivision Ordinance dimensional standards are approved as part ofCUP-03-041 : FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 24 Lot Size- City Requirement Proposed Lot Sizes R-8: 6,500 sq. ft. per lot (detached) R-8: 5,250 sq. ft. minimum per lot (detached) House Size- City Requirement 1,301 sq. ft. minimum Proposed Minimum Area 1,200 sq. ft. minimum Frontage- City Requirement 65' minimum (standard) 40' minimum (cul-de-sac) Proposed Minimum Frontage 37' 33' Block Length-City Requirement 500' minimum 1,000' maximum Proposed Lengths 215' minimum 1,850' maximum B. Adopt the Recommendations of Central District Health Department as follows: 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 ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. C. Adopt the Reconunendations of ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 24 applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline ofthe right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of23-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder ofthe internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. 7. Install swinging gate* at the connection of Duane Drive* and Palm Street for the present time. Construct a pedestrian!bicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). *Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission ifthere was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members ofthe public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECENED FEB 042004 City of Meridian City Clerk Office.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF24 7. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the tenninus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, rTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the telminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the north property line approximately IOO-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a pedestrian path (rather than a stub street) that will COlU1ect this subdivision with Briarwood Subdivision, as proposed. 12. Before a building permit is issued for lot 242, install the center tum lane on Cloverdale Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 13. Coordinate the timing and the design of the right-tum radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 14. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the tumarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 15. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 16. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 17. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 24 Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 18. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 19. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 20. Comply with all Standard Conditions of ApprovaL D. Adopt the Meridian Fire Department Recommendations as follows: The fonowing will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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 a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. It is requested that Duane Dr. be connected '<'lith full vlidth street to pro'/ide secondary access for the project. The public street connection will be made to Duane Dtive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 24 Meridian Fire Department. (Per action of the City Council meeting of March 2,2004.) E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's ofletter to AlUla Powell - Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office.) Additionally, the Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion ofthe property is to be made a part of this annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City ofMeridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement also cites the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Inna Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 24 4. The revised Landscape Plan shows the increase landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit ill 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 Plmming and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use penuit 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 pennits 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 of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 24 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 ofthe future phases shall be null and void. (MCC 11-17- 4.8.) 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 peliod within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by 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. L' -2-1i.1- By action of the City Council at its regular meeting held on the _0' day of Itp-nz ,2004. ROLL CALL: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 24 COUNCILMAN SHAUN WARDLE VOTED ~ VOTED ~0 VOTED~ VOTED ~"-' COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 4,1-;J ./IJ 4- MOTION: V APPROVED:-fl- VOTED - DISAPPROVED: Attest: ,. / ~:rf:iffPDt~i:~;:>,\ "\ ~ \...).-- \ Dated: ~(~-tJl-- ) _ 1~ / ;:: \ ~1, "', . ...... \"~:~~E~~:;:;~$l .., .. f_-:?~~"=:t ~ _ ~ 't}J' .~. "> . f., ~ .~....tJ;\fI"1i- r,; ,~....,\ oj. ~I ~~' !1!lHIl Plq';'.\. PP-03-024 CUP-03-041\FfClsCUP03-0341.dcc By ~~~~ 9.- City Clerk ' z:\ Work\M\Meridian\Meridian I 5360MlRedfeather Estates Sub. No.2 AZ-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR REDFEATHER ESTATES SUBDIVISION NO.2 IN AN R-4 ZONE, LOCATED ON THE SOUTH SIDE OF USTICK ROAD, 14 MILE WEST OF CLOVERDALE ROAD, AND THE EAST SIDE OF EAGLE ROAD/SH 55, 14 MILE SOUTH OF US TICK, MERIDIAN, IDAHO PACKARD ESTATES DEVELOPMENT, LLC, APPLICANT C/C 03/02/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-041 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on March 2, 2004, under the provisions of Meridian City Code ~ 11-] 7-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of302 building lots and 28 other lots on 90.29 acres in a proposed R-4 zone for Redfeather Estates Subdivision No.2 located on the south side of Us tick Road, ~ mile ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 1 OF 10 west of Clover dale Road, and the east side of Eagle Road/SH 55, ~ mile south of Us tick, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the annexation/rezone and preliminary plat as a condition of the conditional use permit. 2. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced minimum house size and block length requirements, are approved as depicted on the submitted site plan. 3. The applicant shall provide the following amenities as a condition of the CUP/PD: a pocket park on Lot 1, Block 9 (with a clubhouse/pool/recreation area), a pocket park on Lot 3, Block 24 (with a basketball court), and a multi-use pathway along the South Slough. All amenities shall either be constructed or bonded for prior to signature on the final plat. (The Block numbers in this paragraph have been revised per the action of the City Council taken at their March 2,2004 meeting.) 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. The following reductions to the Zoning and Subdivision Ordinance dimensional standards are approved as part ofCUP-03-041 : Lot Size- City Requirement Proposed Lot Sizes R-8: 6,500 sq. ft. per lot (detached) R-8: 5,250 sq. ft. minimum per lot (detached) House Size- City Requirement 1,301 sq. ft. minimum Proposed Minimum Area 1,200 sq. ft. minimum Frontage- City Requirement 65' minimum (standard) 40' minimum (cul-de-sac) Proposed Minimum Frontage 37' 33' Block Length-City Requirement 500' minimum 1,000' maximum Proposed Lengths 215' minimum 1,850' maximum ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 2 OF 10 B. Adopt the Recommendations of Central District Health Department as follows: 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-offis not to create a mosquito breeding problem. 4. Storm water 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. C. Adopt the Recommendations of ACHD as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be coIlected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 3 OF 10 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east ofthe west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder ofthe internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north ofthe south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. 7. Install swinging gate* at the cOIUlection of Duane Drive* and Palm Street for the present time. Construct a pedestrianlbicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). *Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office. ) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 4 OF 10 11. Construct a stub street to the north property line approximately 100-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, ttTHIS ROAD WILL BE EXTENDED IN THE FUTURP. 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Clover dale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGES OF 10 for the proposed project 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apalt. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a tuming radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary orpennanent street signs are required before combustible construction begins. 6. 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 a turn around. 7. The fire department requests that any future signalization installed as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. It is requested that Duane Dr. be connected with full width street to provide secondary access for the project. The public street COIlllection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (Per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the action of the City Council taken at their March 2,2004 meeting as follows: For clarification: ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 6 OF 10 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's ofletter to Anna Powell - Planning and Zoning Director, stamped: RECENED FEB 042004 City of Meridian City Clerk Office.) Additionally, the Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion ofthe property is to be made a part of this annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement also cites the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increase landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 7 OF 10 complying with the provisions of Melidian City Code ~ 11-17-8, a copy of which is attached to this permit. 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 pennits and commence construction of pennanent footings or stmctures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building constmction. 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.) ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 8 OF 10 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY T AKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to [daho 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. By action of the City Council at its regular meeting held on the l3pi'L ,2004. !j7,P!J. day of Attest SEAL '1' .1?:::: r..;. ,'b .0 .$ .... 1"0 u.s., 131 . X" .$ >'.' ''1 uC\~ ....v 'jJ ~~ 'v,, ,. "i., , ""L.utJ1"'{. \".... . If \ \ \ I} '" n II !l II \\ \ ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 9 OF 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Jf~~~1 9- City Clerk i/ Dated: 4-14--; ?- Z:\Work\M\Meridian\Meridian 15360M\Redfeathcr Estates Sub. No.2 AZ-03-021 PP-03-024 ORDER CONDITIONAL USE PERMIT (CUP-03-041) PAGE 10 OF 10 \\\\llllllflJ/fJI \\\ ......x:: !\llC-.... IIi ,'\\ V'I ~~..... Iii ,:-" ~'l "'vi!.? //'/ " 0- ~Or"7l~ i/i~ ~ ~ -""'1;-" r ~ ~ ,~~ iL'.,rr-;;.,~: ,!?I.M DL:ii,!;'i\.lU '.::. ~ \,,, "cf 0 ! <. FA L~l' 181" ' ~.::- ";'.''''/''1~''' ..f'\i!- ..".... ~/; ~ ,~ 'I{ . ~\.... II" .", Illtl11 nl\\'" CUP-OJ-041 \OrderCUP .doc April 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Kevin Howell RZ 03-013 April 13, 2004 ITEM NO. c5-b REQUEST Findings - Request for a Rezone of 5.51 acres from R-4 to C-N zones for proposed Cedar Springs Professional Center - north of West Ustick Road and west of North Meridian 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: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings wrr vV f\ kC. Date: 4h?llli~lo-1330 ~, ente~ at publfc meetings shall become property ot e City of Meridian. Contacted: Emailed: RECEI ED APR 0 8 2004 City Of Meridian City Clerk Office WHITE PETERSON ATIORNEYS AT LAw KEvINE. DINIUS JULIE KLEIN FISCHER eH RISTOPHER D. GABBERT WM. F. GIGRAY, III T. GUY HALLAM U JILL S. HOLINK,\ JOHN R. KORMANI K . WILLIAM A. MORROW WILl.IAM F. NICHOLS" WHITE PETERSON, I'.A. CANYON PARKATTHE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. Nm PIIIUP A. PETERSON TODD A. ROSSMAN TERRCNCE R. WHITE'" . Also admitted in CA .. Also admitted ill OR ... Also admitted in W A April 5, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: CEDAR SPRINGS PROFESSIONAL CENTER / REZONE FINDINGS / FIRST ADDENDUM TO DEVELOPMENT AGREEMENT / REZONE ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY COVER LETTER - RZ-03-013 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of March 16, 2004, and which are on an upcoming agenda. Also, please find enclosed the above Rezone Ordinance and the Certification of the Clerk for the rezone for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findim:~s of Fact and Conclusions of Law and Decision and Order Granting Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinm1ce and the cover letter, which Summmy Ordinance will need to be presented to the Council at the same time the full zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, // ?~--wm. F. Nichols Z:\ Work\M\Meridian\Meridian 1 5360M'Cedar Srpings Professional Center RZ-03-0 13 PP-03-o44 CUP-03-067\ffCL and OrdinanceClk 04 05 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF 5.51 ACRES FOR CEDAR SPRINGS PROFESSIONAL CENTER FROM R-4 TO C-N, LOCATED ON THE NORTHEAST CORNER OF USTICK ROAD AND VENABLE LANE, WITHIN SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO KEVIN HOWELL, Applicant. C/C 03/09/04 C/C 03/16/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: RZ-03-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 5.51 acres having come on for public hearing on March 9, 2004 and continued until March 16,2004, at the hour of7:00 o'clock p.m., and Council having received the report of Brad Hawkins-Clark Principal City Planner for the Planning and Zoning Department, and Bruce Preckleton Engineering Technician III, and Anna Powell Planning Director for the Planning and Zoning Department, Daren Fluke, Joe Simunich, and Bill Jackson, appeared and testified, and the Council having received the record ofthis matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 1 OF 22 / !. Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 9, 2004 and continued until March 16, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 9, 2004 and continued until March 16, 2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9967-6509 and 67-6511, and Meridian City Code 9911-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 5.51 acres in size and is located on the northeast FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 2 OF 22 ( corner of Us tick Road and Venable Lane, within Section 36, Township 4 North, Range 1 West, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner of record of the subject property is Howell-Murdoch Development Corp. 6. The Applicant is Kevin Howell. 7. The property is presently zoned as R-4, and is proposed to be zoned C-N and consists of vacant land. 8. The subject property is sUlTounded by the following properties and uses: North - A 12-acre site designated as a future elementary school and Cedar Springs Subdivision, zoned R-4. South - 15-acre parcel with a single family dwelling, zoned RUT (Ada County). East - 104 acre parcel with a single family dwelling, zoned RUT, and Meridian Settlers Park, zoned L-O. West - A 1.3-acre, undeveloped parcel and a 8A-acre parcel with a single family dwelling, zoned RUT. 9. The subject property is within the Area ofImpact of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Plalming Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: a five (5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a drive-through coffee stand. 12. The Applicant's requested rezoning of the subject real propeliy as C-N which is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 3 OF 22 consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use-Community. 13. There are no significant or scenic features of major impOliance that affect the consideration of this application. 14. In review ofthe application for rezone it is provided at Meridian City Code ~ 11-l5-l1for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 14.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 14.2 The area included in the zoning amendment is not intended to be rezoned in the future; 14.3 The proposed use will 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 ofthe same area, subject to the conditions of the conditional use process; 14.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 14.5 The area will 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; 14.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; 14.7 The use will 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 4 OF 22 ( 14.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 14.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 14.10 The proposed zoning will be in the best interest of the City of Meridian. 14.2 Staff conditions provide as follows: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Planning Area. Essential City services will be made available to the subject prope11y. 3. Prior to the rezone ordinance approval, an Addendum to the recorded Development Agreement (DA) shall be entered into between the City of Meridian and the property owner. Specifically, Section4.l on page 4 of the DA(InstrumentNo. 102067381) shall be modified to allow a carwash, coffee stand/kiosk, fuel pumps and office uses. If other retail uses are anticipated in the future, this should be included in the Addendum to avoid future amendments, etc. 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. B. Adopt the Recommendations of ACHD as follows: 1. Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5- foot concrete sidewalk on the east side of Venable Lane and a minimum of 24-feet of pavement within 40-feet of right-of-way. 2. Construct a 3D-foot shared curb return type driveway that intersects Venable Lane approximately 270-feet north of Us tick Road, as proposed. Pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-0I3) PAGE 5 OF 22 roadway and install pavement tapers with l5-foot radii abutting the existing roadway edge. 3. Construct a 48-foot shared curb return type driveway with an 8-foot center island within it that intersects Ustick Road approximately 140-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 15-foot radii abutting the existing roadway edge. 4. Other than the Access point that is specifically approved with this application, direct lot access to Ustick Road is prohibited. Access restrictions will be required to be noted on the final plat. 5. Comply with all Standard Conditions of Approval. ACHD 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPRO V AL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 6 OF 22 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 #198, 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 DIG LINE (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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Additionally, internal fire hydrants will be required for the project. 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 a turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 7 OF 22 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and access roads are required before combustible construction begins. 7. All building uses and processes to comply with the fire code in effect at the time of construction. 8. No vertical obstructions or mature landscaping which obstmctions the outlets of the fire hydrant within 10'. 9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 10. All fire lanes shall have a clear driving surface which is20' wide available at all times. D. Adopt the conditions of Sanitary Service Company as follows: 1. Design the enclosure per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSe. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. E. Adopt the action of the City Council taken at their March 16, 2004 meeting as follows: For clarification: 1. The revised Site/Landscape Plan (Sheet L-1, by Jensen Belts) is dated 3/8/04. The CUP shall also reflect this revised plan. 2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October, 2003. The CUP shall also reflect the revised sheet in Condition #6 of the Recommendations. 3. The revised Site/Landscape Plan reflects most of the modifications required, but the Plan does not reflect the following: a) a detached sidewalk on Ustick Road (PP condition #2) b) right-of-way landscape improvements adjacent to Ustick Road (PP condition #8.b.) c) parallel parking stall change (CUP condition #7, page 2) 4. The above modifications (3 above) must be made during the Final Plat and/or CZC approval process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-03-013) PAGE 8 OF 22 5. The proposed school site is presently conceptual, as the school district has not decided on a layout as of yet. 6. Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to 8;00 p.m. Hours of operation for the car wash (no more than three (3) vacuums allowed), and two (2) fuel pumps shall be allowed as a 24 hour operation. Hours of fuel delivery and refrigerated truck operation shall be ii-om 7:00 a.m. to 6:00 p.m. The decibel levels generated at the site shall be required to comply with Meridian City Code 6-3-6. 7. The developer shall also be required to comply with all the conditions set forth in the corresponding applications, which are PP-03-044 and CUP-03-067. 15. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Community" with a Neighborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small-scale commercial, entertaimnent, office and open space uses that are geared to serve all residents within a one to two square mile area. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park and ride lots, bus stops, shuttle bus stops or other alternative modes of transpOliation." (Chapter VII, pg. 95) The requested C-N zoning generally conforms to this stated purpose and intent ofthe MU-Community designation. The following 2002 Comprehensive Plan policies are applicable to this application: Chapter VII, pgs. 97-98, Chapter IV, Goal I, Obj. A. #6, Chapter VII, Goal I, Obj. B #5, Chapter V, Goal III, Obj. D #5, Chapter VI, Figure VI-5, Chapter VI, Goal II, Obj. A #3, Chapter VI, Goal II, Obj. A #13. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 9 OF 22 16. The general vicinity of this project is experiencing a rapid change from agricultural and low-density residential uses to urban scale development. Cedar Springs Subdivision is a 100+ acre development immediately north of the subject property. Other development in the vicinity includes Settlers Park, a municipal water reservoir, a church and Sundance Subdivision. A rezone and preliminary plat request for a 70+ lot, R-8 subdivision (Salisbury No.2) is currently before the Commission and lies approximately 14 mile south of the subject site. Ustick Road is not scheduled by ACHD for any improvements in the Work Program or CIP. It is found that a rezone of the proposed property would be compatible with the land use changes in the area. 17. It is found that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and future CUP applications, should be harmonious and appropriate in appearance Witll the intended character ofthe vicinity. The area is intended to be a mixed use area which, based on the Comprehensive Plan description will have such uses as retail stores, garden centers, restaurants, drive-thru facilities and auto service stations. 18. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are applied. Both future elementary school and existing single family residence to the east are less intensive uses than the office and auto-oriented services. Therefore, appropriate buffers will be required on the north and east boundaries, unless otherwise reduced tlu'ough the CUP/PD application. It is not anticipated that the proposed uses will be disturbing or hazardous to the neighboring residential uses. 19. It is found that roadway improvements will be required on U stick Road to handle FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 10 OF 22 the additional traffic generated by this and future development. If Venable Lane is extended south of Us tick Road in the future, warrants may be met to require a traffic signal. Sanitary sewer and water are either currently available or under construction to provide service to the area. On January 9, 2004, ajoint agency/department comments meeting was held with representatives of key service providers to this property, and said conditions are listed in paragraph 14 hereinabove. 20. It is found that the proposed development will not cause excessive additional requirements at public cost. The White Drain Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. 21. It is found that the fuel island and car wash uses may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other negative public impacts. It is believed that the proposed uses will not be excessive or unreasonable. Hours of operation, hours of fuel delivery, and any refrigerated truck operation shall be as follows: Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to 8:00 p.m. Hours of operation for the car wash (no more than three (3) vacuums allowed), and two (2) fuel pumps shall be allowed as a 24 hour operation. Hours of fuel delivery and refrigerated truck operation shall be from 7:00 a.m. to 6:00 p.m. The decibel levels generated at the site shall be required to comply with Meridian City Code 6-3-6. 21. It is found that any future uses will impact the level and flow of traffic on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 11 OF 22 surrounding streets. ACHD estimates the site to generate 1,380 additional vehicle trips per day (0 existing). Improvements to Venable Lane and Ustick Road are required of the developer to bring the facilities up to acceptable standards. It is also found that it will be impOliant to create a safe and protected environment for children attending the future school site. The applicant shall comply with ACHD policies in order to preserve the capacity and movement on the adjacent roadways. 22. It is found that the proposed development will not result in the destruction, loss or damage of other natural features. 23. It is found that the rezone of this property would be in the best interest of the City for the following reasons: . increased commercial land base available to future builders/developers; . increased property tax revenue; . municipal services are available to the area; and . application substantially complies with the Comprehensive Plan. . providing retail and other services near existing residences CONCLUSIONS OF LAW 1. The Cowlcil may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROY AL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 12 OF 22 3. The requested zoning of Neighborhood Business District, (C-N) is defined in the Zoning Ordinance at 11-7-2 H as follows: (C-N) NeifIhborhood Business District: The purpose of the C-N District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan; to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any pmi of a strip development concept. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-651lA provides: Each governing bom'd may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parceL The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code S 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development ofthe subject propelty. 7. S 11-6-1 ZONING DISTRICT MAP provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-03-013) PAGE 13 OF 22 The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlilles or right-of-way lines of highways, such district boundaries shall be constmed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. S 11-15-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms ofthe following standards and shall find adequate evidence answering the foJIowing questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zonmg. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 14 OF 22 of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will 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; 8.8 The 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; 8.9 The proposed uses will 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; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA W WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 5.51 acres as a five (5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a drive-through coffee stand; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 15 OF 22 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Meridian Plarming & Zoning Department as follows: 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Service Plarming Area. Essential City services will be made available to the subject property. 3. Prior to the rezone ordinance approval, an Addendum to the recorded Development Agreement (DA) shall be entered into between the City of Meridian and the property owner. Specifically, Section 4.1 on page 4 ofthe DA (Instrument No. 102067381) shall be modified to allow a carwash, coffee stand/kiosk, fuel pumps and office uses. If other retail uses are anticipated in the future, this should be included in the Addendum to avoid future amendments, etc. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Orditlarlce 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. B. Adopt the Recommendations of ACHD as follows: 1. Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5- foot concrete sidewalk on the east side of Venable Lane and a minimum of 24-feet of pavement within 40-feet of right-of-way. 2. Construct a 30-foot shared curb return type driveway that intersects Venable Larle approximately 270-feet north of Us tick Road, 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. 3. Construct a 48-foot shared curb return type driveway with an 8-foot center island within it that intersects Ustick Road approximately 140-feet west of the east property line, as proposed. Pave the driveway its full width and at least 3 a-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with I5-foot radii abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 16 OF 22 4. Other than the Access point that is specifically approved with this application, direct lot access to Ustick Road is prohibited. Access restrictions will be required to be noted on the final plat. 5. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing inigation 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 #198, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 17 OF 22 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 ofthe 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Additionally, internal fire hydrants will be required for the project. 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 a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and access roads are required before combustible construction begins. 7. All building uses and processes to comply with the fire code in effect at the time of construction. 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 18 OF 22 landscaping areas. 10. All fire lanes shall have a clear driving surface which is20' wide available at all times. D, Adopt the conditions of Sanitary Service Company as follows: 1 Design the enclosure per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions, Coordinate the design with sse Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. E. Adopt the action of the City Council taken at their March 16,2004 meeting as follows; For clarification: L The revised Site/Landscape Plan (Sheet L-l, by Jensen Belts) is dated 3/8/04. The CUP shall also reflect this revised plan. 2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October, 2003. The CUP shall also reflect the revised sheet in Condition #6 of the Recommendations. 3. The revised Site/Landscape Plan reflects most of the modifications required, but the Plan does not reflect the following: . a detached sidewalk on Ustick Road (PP condition #2) . right-of-way landscape improvements adjacent to Ustick Road (PP condition #8.b.) · parallel parking stall change (CUP condition #7, page 2) 4. The above modifications (3 above) must be made during the Final Plat and/or CZC approval process. 5. The proposed school site is presently conceptual, as the school district has not decided on a layout as of yet. 6. Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to 8:00 p.m. Hours of operation for the car wash (no more than three (3) vacuums allowed), and two (2) fuel pumps shall be allowed as a 24 hour operation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-03-013) PAGE 19 OF 22 . Hours of fuel delivery and refrigerated truck operation shall be from 7:00 a.m. to 6:00 p.m. The decibel levels generated at the site shall be required to comply with Meridian City Code 6-3-6. 7. The developer shall also be required to comply with all the conditions set forth in the corresponding applications, which are PP-03-044 and CUP-03-067. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation ofthe zoning for the real propeliy which is the subject of the application to (C-N) Neighborhood Business District (Meridian City Code 9 1] -7-2 D) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-03-013) PAGE 20 OF 22 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 /j{6 day of tftcl Z ,2004. ROLL CALL COUNCILMAN WARDLE VOTED tfa,,- COUNCILMAN NARY VOTED~~ VOTED~ COUNCILMAN ROUNTREE COUNCILMAN BIRD VOTED ~ MA YOR TAMMY de :;JEERD (TIE BREAKER) DATED: ~-/~ -t7~ VOTED ~ MOTION: V APPROVED:--fv-- DISAPPROVED: ~ Attest Mayor T \' \ \II 11111/1" II \\\ "",Ii: i.i'l I ,-.\\ _I \.Jl FrWjC-t:;;~ (1/ '.' A' --ll; "/ ...:-..$'~~ ~ /". 'e.~ It--l~ J _ ~ ,,- .,1 " ':..rl'.@O/i.l7; ~-:;. ~.' ~'V" ('0 ~ ~ ~ - - - - - - - - .e Weerd [') 2 - ~..... - ...... -..., t&" ... R ..... -;; '() 'OIlSi' t $ '~" -y.. ~ $' ':, Cbt'i':J.~ \0 "...... . t" Vl\l i 'I t \\,\ '''1 \\\\ FINDINGS OF FACT AND CONCLUSIONS OF L~Wlll" AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.5] ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-03-013) PAGE 2] OF 22 Copy served upon Applicant, the Planning and Zoning Department, Public Works DeparUilq~iW"II1/J11 ,\ ~ Uf:;O.~"1 and the City Attorney. ,,,\"\~<{ Vt ~-=-'1iiVl ;';';'1...... :;-'..' c} ~("~ ~1- 'l~ / 2 ~ -~ ~ BYcii1~-': k~, ~ Dated: .f-/I--ttf-f 'SEAL ~ - "Y' ~- <1:-. co'" 2 "f7 -'",(m ",p "- ,fA <;,r 1S1 . .-.(".:2 ~~:} ~ ~ .- r> \CW ".... Z:\Work\M\Meridian\Meridian I 5360M'Cedar Srpings Professional Center RZ-03..Q13 PP..Q3.044 CUP-03..Q67\FfsClsOrderREZ:d8~?VUT'f 1 :""" "!Uq H ~n\\\\' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.51 ACRES FROM R-4 TO C-N BY: KEVIN HOWELL FOR CEDAR SPRINGSPROFESSTONAL CENTER / (RZ-03-013) PAGE 22 OF 22 April 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Kevin Howell PP 03-044 April 13, 2004 ITEM NO. 5- [" REQUEST Findings - Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C-N zone for proposed Cedar Springs Professional Center - north of West Ustick Road and west of North Meridian 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings contac!ed:~~E Date: 4\l?\1'JA.. ~: Dllo-1B?lJ Emailed: QQY\ ~ Materials p sented at publiC meetings shall become property of ttie City of Meridian. RECEIVED k(r~ 0 8 2004 interoffice MEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, If. From: Wm. F. Nichols Subject: Cedar Springs Professional Center File: PP-03-044 Date: April 5, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their March 16,2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian I 5360l'vl\Cedar Slpings Professional Center RZ-03-0 13 PP-03-044 CUP-03-0611BergPrePlatMEMO 0405 04.dcc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/09/04 C/C 03/16/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR CEDAR SPRINGS ) PROFESSIONAL CENTER FOR 5 ) BUILDABLE LOTS AND 1 ) COMMON/OTHER LOT ON 5.51 ) ACRES IN A PROPOSED C-N ZONE ) LOCATED ON THE NORTHEAST ) CORNER OF USTICK ROAD AND ) VENABLE LANE, WITHIN ) SECTION 36, TOWNSHIP 4 ) NORTH, RANGE 1 WEST, ) MERIDIAN, IDAHO ) ) BY: KEVIN HOWELL, ) APPLICANT ) ) Case No. PP-03-044 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on March 9,2004 and continued until March 16,2004, and Anna Powell Planning Director for the Planning and Zoning Department, Daren Fluke, Joe Simunich, and Bill Jackson, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark Principal City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council ofthe Planning and Zoning Commission and the applicant FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 1 of1S 1\ having submitted the preliminary plat "PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER, PRELTh1INARY PLAT & CONCEPUTAL ENGINEERING PLAN CEDAR SPRINGS PROFESSIONAL CENTER, A PORTION OF THE SE ~, SECTION 36 TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, CAD FILE: 1 1 960-pre, PROJ. #. GAL\11960, DRAWN BY: LDW, DESIGN BY: DSF, CHECKED BY: GAL, LAST UPDATED: 12/02/03, SHEET 1/0F 1, HANDWRITTEN DATE: 12-2-03, HOWELL-MURDOCH DEVELOPMENT CORP.- DEVELOPER, J-U-B ENGINEERS, INC. - ENGINEERS", Howell-Murdoch Development, Corp., Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned R-4, however, an application for re-zoning to C-N is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 H] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. The proposed uses are in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 2 of 15 compliance with the sample uses for this mixed use classification. Venable Lane is located at the half-mile line between Meridian Road and Linder Road. These half-mile locations are shown in the Comprehensive Plan (Chapter VI) as future collector roadways. The plat appears to dedicate sufficient right-of-way and meets the minimum street buffer widths to comply with a Collector street classification. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by this and future development. If Venable Lane is extended south of Us tick Road in the future, warrants maybe met to require a traffic signal, Sanitary sewer and water are either currently available or under construction to provide service to the area. On January 9,2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. This development will not cause excessive additional requirements at public cost. The White Drain Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELThITNARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 3 ofl5 for the proposed development. It is found that public services are available to accommodate the proposed development. (Also see number 3 directly above for further information on this matter. ) 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. The developer is required to install sewer, water, utilities and irrigation, for the development at their cost, it is found that the subdivision will not conflict with the capital improvement program. It is found that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as the "PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER, PRELIMINARY PLAT & CONCEPUTAL ENGINEERING PLAN CEDAR SPRINGS PROFESSIONAL CENTER, A PORTION OF THE SE 14, SECTION 36 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, CAD FILE: 11960-pre, PROJ. #. GAL\11960, DRAWN BY: LDW, DESIGN BY: DSF, CHECKED BY: GAL, LAST UPDATED: 12/02/03, SHEET 1I0F 1, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03~044) 4 of 15 HANDWRITTEN DATE: 12-2-03, HOWELL-MURDOCH DEVELOPMENT CORP. - DEVELOPER, J-U-B ENGINEERS, INC. - ENGINEERS". 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 AND THIS DOES ORDER I. The Preliminary Plat of the applicant as evidenced by having submitted the "PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER, PRELIMINARY PLAT & CONCEPUTAL ENGINEERING PLAN CEDAR SPRINGS PROFESSIONAL CENTER, A PORTION OF THE SE ~, SECTION 36 TOVlNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO, CAD FILE: 11960-pre, PROJ. #. GAL\11960, DRA VIN BY: LDW, DESIGN BY: DSF, CHECKED BY: GAL, LAST UPDATED: 12/02/03, SHEET 1/0F 1, HANDWRITTEN DATE: 12-2-03, HOWELL- MURDOCH DEVELOPMENT CORP. - DEVELOPER, J-U-B ENGINEERS, INC. - ENGINEERS", Howell-Murdoch Development Corp., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the accompanying Rezone (RZ-03-013) application shall also be considered conditions of the Preliminary Plat (pP-03-044). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 5 of 15 2. If the future Ustick Road right-of-way is not being dedicated to ACHD at the time of plat recordation, locate said future right-of way on a separate common lot in the subdivision. These common lots shall be shown on the final plat. Whether dedicated or not, said land shall be landscaped in accordance with MCC 12-13-10-9. The Ustick Road sidewalk shall be detached and constructed in conformance with MCC 12-13-10-8. 3. In accordance with MCC 12-13-12, the subdivider shall provide a minimum 20-foot wide landscape buffer along the north property line adjacent to the future school property. For the landscape buffer on the east property line, the subdivider shall comply with one ofthe following conditions: a. If the owner of Ada County Parcel 80436438801 (Brinegar) submits a written statement to the City that the proposed buffer width is acceptable, no modifications to the Site Plan or Landscape Plan need to be made. b. Otherwise, to comply with MCC 12-13-12-4, the landscape buffer adjacent to Building "B" must be widened to at least 20 feet between the property line and the building. 4. Construct a minimum 25-foot wide landscape buffer/common lot along Ustick Road. Said landscape buffer shall be located beyond any future street right-of-way, as proposed. Construct a landscape buffer on Venable Lane, north of Us tick Road, as approved through the companion CUP/PD app lication (CUP -03-067). 5. All buildable lots shall utilize a common driveway to access adjacent public streets. Said common driveway shall be constructed a minimum 25-feet wide and designed to ACHD construction standards. A permanent, non-exclusive ingress/egress easement shall be provided for all lots within the subdivision across the common driveway. The Applicant shall also record a non-exclusive cross parking/cross access easement for Lots 12-15. 6. Construct a median planter island in the center of the commercial driveway offUstick Road, as proposed. Said planter shall be fully within Lot 17. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 6 of 15 7. Revise the preliminary plat to provide a minimum 7-foot wide, attached, concrete sidewalk on the east side of V enable Lane. 8. The submitted landscape plan prepared by JensenBelts Associates., and dated 11-14-03, shall be modified to reflect the following: a. Street buffer along Ustick Road shall be modified to reflect the required detached sidewalk, per condition #2 above. b. Modify the plan to show a la-foot wide gravel shoulder along Ustick Road (MCC 12-13-10-9). The remainder of the unimproved right-of-way shall be landscaped with grass/sod, as proposed. A license agreement from ACHD for landscaping within the right-of-way will be required. c. Add a note that states 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. d. The new micropatb/pathway between Lots 13 and 14 shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12- 4-3 "Pedestrian Walkways." Micropath fencing shall be shown per MCC 12- 13-15-9. e. Said revisions shall be reflected on the detailed landscape plan to be submitted with the final plat application. 9. Revise the preliminary plat to reflect all existing easements of record that may impact the property. 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 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. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 10. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Nampa Meridian Irrigation District (see Note #6). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 7 of 15 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. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approva1. 11. Sanitary sewer service to this subdivision shall be via a main trunk extension to the existing White Drain Trunk in the Cedar Springs Subdivision. The applicant will be responsible to construct the sewer mains through 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. 12. Municipal water to this site shall be via extensions from existing mains in Ustick Road. Applicant will be responsible to construct the water mains to and through 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. 13. Maintenance of all common areas shall be the responsibility of the Cedar Springs Professional Center owner's association. 14. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24-hours for all storms up to and including a laO-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 of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 8 of15 15. A 25-foot vehicular cross-access easement agreement shall be provided for the property owner to the east (Ada Co. Parcel No. S0436438801), located somewhere between Buildings A and B. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. Prior to signature ofthe 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. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plates) application. 4. Unless otherwise approved, all 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). 5. 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. 6. 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. 7. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRlNGS PROFESSIONAL CENTER / (pP-03-044) 9 of 15 8. Staffs failure to cite specific ordinance provisions or terms ofthe approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 9. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. B. Adopt the Recommendations of ACHD as follows: 1. Construct Venable Lane as one-half of a 40- foot street section with curb, gutter, 5-foot concrete sidewalk on the east side of Venable Lane and a minimum of24-feet of pavement within 40-feet of right-of-way. 2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane approximately 270-feet north of Us tick Road, 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 15- foot radii abutting the existing roadway edge. 3. Construct a 48-foot shared curb return type driveway with an 8-foot center island within it that intersects Ustick Road approximately 140-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 15-foot radii abutting the existing roadway edge. 4. Other than the Access point that is specifically approved with this application, direct lot access to Ustick Road is prohibited. Access restrictions will be required to be noted on the final plat. 5. Comply with all Standard Conditions of ApprovaL ACHD 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER I (pP-03-044) 10 of 15 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 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 #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 110f15 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Additionally, internal fire hydrants will be required for the project. 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 a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and access roads are required before combustible construction begins. 7. All building uses and processes to comply with the fire code in effect at the time of construction. 8. No vertical obstructiQns or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 10. All fire lanes shall have a clear driving surface which is20' wide available at all times. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 12 of15 D. Adopt the Recommendations of the Central District Health Department as follows: 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 ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage should be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. Directly north of the rezone for Cedar Springs Professional Center is a future school site. Joint School District No.2 is in the progress of acquiring this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) Bof15 G. Adopt the action of the City Council taken at their March 16,2004 meeting as follows: For clarification: 1. The revised Site/Landscape Plan (Sheet L-1, by Jensen Belts) is dated 3/8/04. The CUP shall also reflect this revised plan. 2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October, 2003. The CUP shall also reflect the revised sheet in Condition #6 of the Recommendations. 3. The revised Site/Landscape Plan reflects most of the modifications required, but the Plan does not reflect the following: . a detached sidewalk on Ustick Road (PP condition #2) . right-of-way landscape improvements adjacent to Ustick Road (PP condition #8.b.) · parallel parking stall change (CUP condition #7, page 2) 4. The above modifications (3 above) must be made during the Final Plat and/or CZC approval process. 5. The proposed school site is presently conceptual, as the school district has not decided on a layout as of yet. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT CEDAR SPRINGS PROFESSIONAL CENTER / (pP-03-044) 140f15 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. /? .ft... By aC~i ofthe City Council at its regular meeting held on the L? day of 12. , 2004. , ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ VOTED F VOTED ~ VOTED fjt'<- COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED By: April 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Kevin Howell CUP 03-067 April 13, 2004 S-F ITEM NO. REQUEST Findings - Request for a Conditional Use Permit for a PD for four office buildings, a car wash. two fuel pumps and a drive-thru coffee stand in a neighborhood center designation for proposed Cedar Spring Professional Center - n/o W. Ustick & wlo N. Meridian 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: contacted:Jm~ f~ Date:~r2..\~4- ~i\'one: 31lD-]~ Emalled: ~ 'G _..: _. COtv\ Staff InitIals:..., ~ Materials pres nted at pUblic meetings shall become properly of the CIty of MerIdian. See attached Findings RECEIVED APR 0 8 2004 interoffice MEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: KEVIN HOWELL FOR CONDITIONAL USE PERMIT TO ALLOW A PD FOR FOUR OFFICE BUILDINGS, CAR WASH, TWO FUEL PUMPS AND A DRIVE- THRU COFFEE STAND IN A NEIGHBORHOOD CENTER FOR CEDAR SPRINGS PROFESSIONAL CENTER File No.: CUP-03-067 Date: April 6, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360M\Cedar Srpings Professional Center RZ-03-0 13 PP-03-044 CUP.03.0671ClkLtrCUPffc1s&Order 0406 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03-09-04 C/C 03-16-04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR FOUR (4) ) OFFICE BUILDINGS, CAR WASH, ) TWO FUEL PUMPS AND A DRlVE- ) THRU COFFEE STAND IN A ) PROPOSED C-N ZONE LOCATED ) ON THE NORTHEAST CORNER ) OF USTICK ROAD AND VENABLE ) LANE, WITHIN SECTION 36, ) TOWNSHIP 4 NORTH, RANGE 1 ) WEST, MERIDIAN, IDAHO ) ) KEVIN HOWELL, ) APPLICANT ) ) Case No. CUP-03-067 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 9, 2004 and continued until March 16,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Daren Fluke, Joe Simunich, and Bill Jackson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 23 following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use pennit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 9, 2004 and continued until March 16, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 9, 2004 and continued until March 16, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ ] 1-15-5 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. This proposed development request is in an R-4 zone and by reason of the provisions ofthe Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 4. The property is located on the northeast comer of Us tick Road and Venable Lane, within Section 36, Township 4 North, Range 1 West, Meridian, Idaho. 5. The owner of record of the subject property is Howell-Murdoch Development. 6. Applicant is Kevin Howell of Howell-Murdoch Development. 7. The subject property is currently zoned R-4. There is, however, an accompanying application for rezoning to C-N. The zoning district of C-N is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval for a five (5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a drive-through coffee stand in a C-N zone. The C-N zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for nursing homes (MCC 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows; 1. Applicant shall meet all of the requirements of the Rezone (RZ-03-013) and Preliminary Plat (PP-03-044) as a condition ofthe Conditional Use Permit (CUP-03- 067). 2. The project shall conform to the standard dimensional standards within Meridian City Code for the C-N zone. No exceptions are proposed or approved with this development. 3. As an amenity of this development, the applicant shall construct a minimum 5-foot wide micropath, designed to MCC 12-13-15 standards, that stubs to the northeast property line between Lots 13 and 14. A minimum 7-foot wide, concrete sidewalk on the east side of Venable Lane shall be constructed. 4. Applicant shall revise the Site Plan (Sheet A-I) to depict a new vertical curb and minimum 5-foot wide planter strip around the interior perimeter of Lot 17. A maximum of two (2) curb cuts, no more than 30 feet wide each, shall be permitted to access the internal commercial driveway from Lot 17 along its north and east property lines (for a total of four curb cuts). The perimeter planter shall be planted in accordance with MCC 12-13-11-2. 5. Applicant shall revise the Site Plan (Sheet A-I) to remove the four (4) striped planters located on Lots 12, 13 and 15 and replace them with typical, landscaped planters with raised curbs and other required elements per MCC 12-13-11. 6. All building construction within Cedar Springs Professional Center shall comply with the elevations submitted with the application, prepared by LAB Architect, dated November 2003. Construction materials shall comply with the materials list submitted on 1-22-04 by Lynn A. Brown. 7. The Site Plan shall be modified to expand the parallel parking stalls shown on the south end of Lot 17. Said stalls shall be striped in accordance with MCC 11-13-4.F, which requires a minimum length of 23 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 8. The Site Plan shall be modified to show ADA compliant parking stalls on each of the four (4) office lots. 9. A Planned Sign Program shall be required for the Cedar Springs Professional Center development. Said application shall be approved by the Planning & Zoning Department prior to any permanent signs being constructed within the subdivision. No illuminated wall signs will be pennitted on the east elevations of Buildings "A" and "B." 1 O. Except as otherwise required or approved, all sidewalks shall be constructed as submitted and in accordance with MCC l2-5-2.K. B. Adopt the Recommendations of ACHD as follows: 1. Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5- foot concrete sidewalk on the east side of Venable Lane and a minimum of 24-feet of pavement within 40-feet of right-of-way. 2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane approximately 270-feet north of Us tick Road, 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 l5-foot radii abutting the existing roadway edge. 3. Construct a 48-foot shared curb return type driveway with an 8-foot center island within it that intersects Ustick Road approximately 140-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 of the roadway and install pavement tapers with I5-foot radii abutting the existing roadway edge. 4. Other than the Access point that is specifically approved with this application, direct lot access to Ustick Road is prohibited. Access restrictions will be required to be noted on the final plat. 5. Comply with all Standard Conditions of Approval. ACHD 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 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 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 #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe 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 tenus 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE60F23 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. e. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That afire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Additionally, internal fire hydrants will be required for the project. 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 a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and access roads are required before combustible construction begins. 7. All building uses and processes to comply with the fire code in effect at the time of construction. 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in landscaping areas. ] O. All fire lanes shall have a clear driving surface which is20' wide available at all times. D. Adopt the Recommendations of Sanitary Services Co. as follows: 1. Design the enclosure per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSe. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 E. Adopt the Recommendations of the Central District Health Department as follows: 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. Plans are required for submittal for review regarding any food establishments or beverage establishments. 4. Run-off is not to create a mosquito breeding problem. 5. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6. The engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage should be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. Directly north of the rezone for Cedar Springs Professional Center is a future school site. Joint School District No.2 is in the progress of acquiring this site. H. Adopt the action of the City Council taken at their March 16, 2004 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 For clarification: 1. The revised Site/Landscape Plan (Sheet L-1, by Jensen Belts) is dated 3/8/04. This CUP shall also reflect this revised plan. 2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October, 2003. This CUP shall also reflect the revised sheet in Condition #6 of the Recommendations. 3. The revised Site/Landscape Plan reflects most ofthe modifications required, but the Plan does not reflect the following: · a detached sidewalk on Ustick Road (PP condition #2) · right-of-way landscape improvements adjacent to Ustick Road (PP condition #8.b.) · parallel parking stall change (CUP condition #7, page 2) 4. The above modifications (3 above) must be made during the Final Plat and/or CZC approval process. 5. The proposed school site is presently conceptual, as the school district has not decided on a layout as of yet. 13. It is found that the subject property is large enough to accommodate the requested use and all other required features. The required buffer between land uses on the east boundary may need to be widened to comply with MCC ordinance. 14. It is found that the proposed development is generally harmonious with the 2002 Comprehensive Plan. The majority ofthe CUPIPD Site Plan is harmonious with the Zoning and Subdivision Ordinance. However, the proposed driveway openings/curb cuts on Lot 17 do not conform. MCC l2-5-2.F., Driveways, requires that "all driveway openings in curbs shall be as specified by the Public Works Department, Highway District or State Highway Department." Lot 17 of the plat (the carwash/fuel pump/coffee kiosk lot) proposes driveway openings onto the internal conunercial driveway that exceed 120 feet in width on the east and 160 feet on the north. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 These are excessive and must be reduced. ACHD's standard, allowable curb cut on local streets is a maximum of 36 feet. While not a local street, the internal common driveway will function largely as a street and staffrecommends a maximum 30 foot wide cut. 15. It is found that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. The applicant shall address the hours of operation anticipated on Lot 17. Some consideration may need to be given to the existing residence to the east until said lot redevelops in the future to preserve their residential atmosphere. 16. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. The buffer width behind Building "B" may need to be increased to comply with the Landscape Ordinance. 17. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project (see number 12. C. hereinabove). Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The ACHD is recommending approval, with site-specific and standards conditions. Review of the ACHD report for this project will provide additional information. 18. 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. It is found that there will not be excessive additional requirements at public cost and that the conditional use permit will not be detrimental to the community's economic welfare. 19. According to ACHD, the proposed project is anticipated to generate 1,380 new FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 vehicle trips per day. It is recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated will be detrimental to the general welfare ofthe public. It is also not anticipated that the proposed development will create excessive noise, smoke, fumes, glare, or odors. The applicant shall clarify the hours of operation, hours offuel delivery and anticipated decibel levels generated at the site. 20. It is not believed that the proposed vehicular approaches on Ustick Road and Venable Lane will create an interference with traffic on the surrounding public streets. All minimum off-sets appear to be met and the commercial driveway exceeds the minimum 25-foot width. Review of the ACHD staff report for this project will provide further information. 21. It is found that the proposed development will not result in the destruction, loss or damage of other natural features. 22. It is believed that the proposed uses will not be excessive or unreasonable. Hours of operation, hours of fuel delivery, and any refrigerated truck operation shall be as follows: Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to 8:00 p.m. Hours of operation for the car wash (no more than three (3) vacuums allowed), and two (2) fuel pumps shall be allowed as a 24 hour operation. Hours of fuel delivery and refrigerated truck operation shall be from 7:00 a.m. to 6:00 p.m. The decibel levels generated at the site shall be required to comply with Meridian City Code 6-3-6. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 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; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensi ve Plan and in accordance with the requirements of this Ordinance; 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; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and 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. 5. Prior to granting a conditional use permit in the C-N zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code g 11- 17 -5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. 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. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a five (5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 drive-through coffee stand in a C-N zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the Rezone (RZ-03-013) and Preliminary Plat (PP-03-044) as a condition of the Conditional Use Permit (CUP-03- 067). 2. The project shall conform to the standard dimensional standards within Meridian City Code for the C-N zone. No exceptions are proposed or approved with this development. 3. As an amenity of this development, the applicant shall construct a minimum 5-foot wide micropath, designed to MCC 12-13-15 standards, that stubs to the northeast property line between Lots 13 and 14. A minimum 7-foot wide, concrete sidewalk on the east side of Venable Lane shall be constructed. 4. Applicant shall revise the Site Plan (Sheet A-I) to depict a new vertical curb and minimum 5-foot wide planter strip around the interior perimeter of Lot 17. A maximum oftwo (2) curb cuts, no more than 30 feet wide each, shall be permitted to access the internal commercial driveway from Lot 17 along its north and east property lines (for a total of four curb cuts). The perimeter planter shall be planted in accordance with MCC 12-13-11-2. 5. Applicant shall revise the Site Plan (Sheet A-I) to remove the four (4) striped planters located on Lots 12, 13 and 15 and replace them with typical, landscaped planters with raised curbs and other required elements per MCC 12-13-11. 6. All building construction within Cedar Springs Professional Center shall comply with the elevations submitted with the application, prepared by LAB Architect, dated November 2003. Construction materials shall comply with the materials list submitted on 1-22-04 by Lynn A. Brown. 7. The Site Plan shall be modified to expand the parallel parking stalls shown on the south end of Lot 17. Said stalls shall be striped in accordance withMCC 11-13-4.F, which requires a minimum length of23 feet. 8. The Site Plan shall be modified to show ADA compliant parking stalls on each of the four (4) office lots. 9. A Planned Sign Program shall be required for the Cedar Springs Professional Center FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 development. Said application shall be approved by the Planning & Zoning Department prior to any permanent signs being constructed within the subdivision. No illuminated wall signs will be permitted on the east elevations of Buildings "A" and "B." 10. Except as otherwise required or approved, all sidewalks shall be constructed as submitted and in accordance with MCC l2-5-2.K. B. Adopt the Recommendations of ACHD as follows: 1. Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5- foot concrete sidewalk on the east side of Venable Lane and a minimum of24-feet of pavement within 40-feet of right-of-way. 2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane approximately 270-feet north of Us tick Road, 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. 3. Construct a 48-foot shared curb return type driveway with an 8-foot center island within it that intersects Ustick Road approximately I40-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 15-foot radii abutting the existing roadway edge. 4. Other than the Access point that is specifically approved with this application, direct lot access to Ustick Road is prohibited. Access restrictions will be required to be noted on the final plat. 5. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval ]. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 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. 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 #198, 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 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 ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Additionally, internal fire hydrants will be required for the project. 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 a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and access roads are required before combustible construction begins. 7. All building uses and processes to comply with the fire code in effect at the time of construction. 8. No vertical obstructions or mature landscaping which obstructions the outlets ofthe fire hydrant within 10'. 9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping areas. 10. All fire lanes shall have a clear driving surface which isla' wide available at all times. D. Adopt the Recommendations of Sanitary Services Co. as follows: 1. Design the enclosure per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSe. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 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. Plans are required for submittal for review regarding any food establishments or beverage establishments. 4. Run-off is not to create a mosquito breeding problem. 5. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6. 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. F. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage should be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the N ampa & Meridian Irrigation District. G. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. Directly north of the rezone for Cedar Springs Professional Center is a future school site. Joint School District No.2 is in the progress of acquiring this site. H. Adopt the action of the City Council taken at their March 16,2004 meeting as follows: For clarification: 1. The revised Site/Landscape Plan (Sheet L-l, by Jensen Belts) is dated 3/8/04. This CUP shall also reflect this revised plan. 2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 2003. This CUP shall also reflect the revised sheet in Condition #6 ofthe Recommendations. 3. The revised Site/Landscape Plan reflects most ofthe modifications required, but the Plan does not reflect the following: · a detached sidewalk on Ustick Road (PP condition #2) · right-of-way landscape improvements adjacent to Us tick Road (PP condition #8.b.) · parallel parking stall change (CUP condition #7, page 2) 4. The above modifications (3 above) must be made during the Final Plat and/or CZC approval process. 5. The proposed school site is presently conceptual, as the school district has not decided on a layout as of yet. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 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.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 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. By action of the City Council at its regular meeting held on the I%I!L . day of IJprd , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED $<-1.-- VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR T ~MY -je WEERD (TIE BREAKER) DATED: ~I -04--- J VOTED MOTION: y APPROVED:----r- DISAPPROVED: Attest: *~ or Ta e Weerd \\\\\\1111'/1111/ \ \ \ "."g: Iii.~p.,: J II ,'''''~--t V'l .~./IIII/ ;-' (j ~~ '-11- 'l~ -"::' ..!] h:- -:;,. :.- ~ '0 -:;,. ] ~ - - - - - - [] 2 W'll' G B J C k '\ '-<C' C5 .::: 1 lam . erg, r., y er\, L~"," ..,. "\ .+P-2 " ~ 1 is \ . x' ~ FINDINGS OF FACT AND CONCLU;SIOWSiOO1tA ~~t DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT"!!! 111\\\\\'\ PAGE 22 OF 23 \\\\1l11llflllll \\\ III \\\\\.! Of ME~.!.... 1,//// \\ -<, . <\f.V1.A "I' " ~... -M. ..;. .$ (j of,f-'~l'- 'f;' ~ ~ _'>.0 '~o -;.. ~ ~- ~ 1/1 'L ~ () A /J t, (1"~.n~ :: By; dr~ /6J- 7 ? Dated: r .....v r ~3:Cl,-L! ,~ City Clerk %. y~ ~& 0 ! ~ "10. ~f 1'31" . :<~ ,~~ Z:\Work\M\Meridian\Meridian 15360M\Cedar Srpings Professional Center RZ-03-013 PP-03-044 CUP-03::{JJfAffCls - '^~ ,.;:'" 067 d "" L'r-.", ",..".-"r \v.'," . oc //1(. vUN!" \,\" //,11, \ \\\ '~,fqq: ~t1n~ . Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/09/04 C/C 03/16/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR FOUR (4) ) OFFICE BUILDINGS, CAR WASH, ) TWO FUEL PUMPS AND A DRIVE- ) THRU COFFEE STAND IN A ) PROPOSED C-N ZONE LOCATED ) ON THE NORTHEAST CORNER ) OF USTICK ROAD AND VENABLE ) LANE, WITHIN SECTION 36, ) TOWNSHIP 4 NORTH, RANGE 1 ) WEST, MERIDIAN, IDAHO ) ) KEVIN HOWELL, ) APPLICANT ) ) Case No. CUP-03-067 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on March 9,2004 and continued until March 16,2004, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a five (5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 1 OF 10 drive-through coffee stand in a C-N zone, subject to the following conditions of use and development: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the Rezone (RZ-03-013) and Preliminary Plat (PP-03-044) as a condition of the Conditional Use Permit (CUP-03- 067). 2. The project shall conform to the standard dimensional standards within Meridian City Code for the C-N zone. No exceptions are proposed or approved with this development. 3. As an amenity of this development, the applicant shall construct a minimum 5-foot wide micropath, designed to MCC 12-13-15 standards, that stubs to the northeast property line between Lots 13 and 14. A minimum 7 -foot wide, concrete sidewalk on the east side of Venable Lane shall be constructed. 4. Applicant shall revise the Site Plan (Sheet A-I) to depict a new vertical curb and minimum 5-foot wide planter strip around the interior perimeter of Lot 17. A maximum oftwo (2) curb cuts, no more than 30 feet wide each, shall be permitted to access the internal commercial driveway from Lot 17 along its north and east property lines (for a total of four curb cuts). The perimeter planter shall be planted in accordance with MCC 12-13-11-2. 5. Applicant shall revise the Site Plan (Sheet A-I) to remove the four (4) striped planters located on Lots 12, 13 and 15 and replace them with typical, landscaped planters with raised curbs and other required elements per MCC 12-13-11. 6. All building construction within Cedar Springs Professional Center shall comply with the elevations submitted with the application, prepared by LAB Architect, dated November 2003. Construction materials shall comply with the materials list submitted on 1-22-04 by Lynn A. Brown. 7. The Site Plan shall be modified to expand the parallel parking stalls shown on the south end of Lot 17. Said stalls shall be striped in accordance with MCC ll-13-4.F, which requires a minimum length of23 feet. 8. The Site Plan shall be modified to show ADA compliant parking stalls on each of the four (4) office lots. ORDER CONDffiONAL USE PERMIT (CUP-03-067) PAGE 2 OF 10 9. A Planned Sign Program shall be required for the Cedar Springs Professional Center development. Said application shall be approved by the Planning & Zoning Department prior to any permanent signs being constructed within the subdivision. No illuminated wall signs will be permitted on the east elevations of Buildings "A" and "B." 1 O. Except as otherwise required or approved, all sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. B. Adopt the Recommendations of ACHD as follows: 1. Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5- foot concrete sidewalk on the east side of Venable Lane and a minimum of 24-feet of pavement within 40-feet of right-of-way. 2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane approximately 270-feet north of Us tick Road, 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 15-foot radii abutting the existing roadway edge. 3. Construct a 48-foot shared curb return type driveway with an 8-foot center island within it that intersects Ustick Road approximately 140-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 15- foot radii abutting the existing roadway edge. 4. Other than the Access point that is specifically approved with this application, direct lot access to Ustick Road is prohibited. Access restrictions will be required to be noted on the final plat. 5. Comply with all Standard Conditions of Approval. ACHD 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. ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 3 OF 10 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 #198, 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 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, ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 4 OF 10 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Additionally, internal fire hydrants will be required for the project. 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 a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and access roads are required before combustible construction begins. 7. All building uses and processes to comply with the fire code in effect at the time of construction. 8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 9. Vertical clearance for driveways shall be 13 '6", this may affect tree placement in landscaping areas. 10. All fire lanes shall have a clear driving surface which is20' wide available at all times. D. Adopt the Recommendations of Sanitary Services Co. as follows: ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 5 OF 10 1. Design the enclosure per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. E. Adopt the Recommendations ofthe Central District Health Department as follows: 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. Plans are required for submittal for review regarding any food establishments or beverage establishments. 4. Run-offis not to create a mosquito breeding problem. 5. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6. 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. F. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage should be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the Recommendations/Comments of Joint School District No.2 as follows: ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 6 OF 10 1. Directly north of the rezone for Cedar Springs Professional Center is a future school site. Joint School District No.2 is in the progress of acquiring this site. H. Adopt the action of the City Council taken at their March 16, 2004 meeting as follows: For clarification: 1. The revised Site/Landscape Plan (Sheet L-l, by Jensen Belts) is dated 3/8104. This CUP shall also reflect this revised plan. 2. The new fuel island canopy elevations sheet (by LAB Architect) is dated October, 2003. This CUP shall also reflect the revised sheet in Condition #6 of the Recommendations. 3. The revised Site/Landscape Plan reflects most of the modifications required, but the Plan does not reflect the following: . a detached sidewalk on Ustick Road (PP condition #2) . right-of-way landscape improvements adjacent to Ustick Road (PP condition #8.b.) . parallel parking stall change (CUP condition #7, page 2) 4. The above modifications (3 above) must be made during the Final Plat and/or CZC approval process. 5. The proposed school site is presently conceptual, as the school district has not decided on a layout as of yet. 3. It is believed that the proposed uses will not be excessive or unreasonable. Hours of operation, hours of fuel delivery, and any refrigerated truck operation shall be as follows: Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to 8:00 p.m. Hours of operation for the car wash (no more than three (3) vacuums allowed), and two (2) fuel pumps shall be allowed as a 24 hour operation. Hours of fuel delivery and refrigerated truck operation shall be from 7:00 a.m. to 6:00 p.m. ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 7 OF 10 The decibel levels generated at the site shall be required to comply with Meridian City Code 6-3-6. 4. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 5. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this penni t. 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 othenvise 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 penn anent 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) ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 8 OF 10 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.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe 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. ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 9 OF 10 By action of the City Council at its regular meeting held on the ! J 1'6 day of +~2 ,2004. Attest: , Mayor City of Meridian \\\\\lLllltllll \\1 c: ~ilt:" I '-""..J. Q. tWC,"1:'DI IIII'" ,<' ~ ''4." ~;, ~'Ci o'f\.POR.,q )'; ~ V '>. ~ .....0 ('0 :::: ~ SEAL '7. f:.?- ~ c..Q ,CD'" 0 ::: ~"O u,sr 15\ . ~~' ...~ 'A1 \0't' ,$ ...... Co -.J \v ,-' "'/1/ U1\{J,' "" Copy served upon Applicant, the Plannill'g<anQ1AQuing Department, Public Works Department and City Attorney. By:JI~~~ CJ~ City Clerk Dated: "7 rf:? 2 -::- &Q ~ ,0 f ~"i'...... uSr 15\ . x" $' ...... v~ C'L~ ........ ~ -1 '\V " /''/'11 OOUNTi. "~I'"~ III 111\ 'Iiril'lllll\1 Z:\Work\M\Meridian\Meridian I 5360M\Cedar S'1Jings Professional Center RZ-03-013 PP.03-044 CUP-03-067\OrderCUP.doc' ORDER CONDITIONAL USE PERMIT (CUP-03-067) PAGE 10 OF 10 April 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Nahas Enterprises CUP 03-072 April 13, 2004 ITEM NO. S....(,-' REQUEST Findings - Request for a Conditional Use Permit for a drive-thru window for a proposed coffee shop for Central Park Plaza - northeast corner of South Progress Avenue and Central Drive 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: Contacted: BiI\.J l2(hLshitr-: Emolled: -hU..lill ~(O'Y'\ Materials presented at public meetings shall become property of See attached Findings ~? RECEIVED APR 0 6 2004 interoffice MEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: NAHAS ENTERPRISES FOR CONDITIONAL USE PERMIT FOR A DRIVE- THRU WINDOW FOR A PROPOSED COFFEE SHOP FOR CENTRAL PARK PLAZA File No.: CUP-03-0n Date: April 6, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian [5360MlCentral Park Plaza CUP-03-072\ClkLtrCUPffc1s&Order 0406 04.dc:c BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03-16-04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A DRIVE- TURU ) WINDOW FOR A PROPOSED ) COFFEE SHOP IN A C-G ZONE ) LOCATED IN THE CENTRAL ) VALLEY CORPORATE PARK ) JUST NORTH OF WINCO FOODS ) AT THE NORTHEAST ) INTERSECTION OF CENTRAL ) DRIVE AND PROGRESS A VENUE, ) MERIDIAN, IDAHO ) ) NAHAS ENTERPRISES, ) APPLICANT ) ) Case No. CUP-03-072 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 16,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Arma Powell Planning Director for the Planning and Zoning Department, and Billy Ray Strite, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 17 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 16,2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 16, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gg 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. This proposed development request is in a C-G zone and by reason ofthe provisions of the Meridian City Code g 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located in the Central Valley Corporate Park just north of Winco Foods at the northeast intersection of Central Drive and Progress Avenue Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 17 5. The owner of record of the subject property is Nahas Enterprises. 6. Applicant is Nahas Enterprises. 7. The subject property is currently zoned C-G. The zoning district ofC-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval for a new 16,490 square foot retail building which will include a 1,500 square foot coffee shop and a proposed drive-thru window for the coffee shop in the C-G zone. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for a drive-thru. (MCC 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 17 subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add a condition stating that parking stalls may be 1 T with a 2' overhang of a T walk as proposed. 2. Delete condition #11 on page 5 and add a condition stating that the applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has complied and submitted revised CC&R's at the City Council meeting of March 16,2004, which includes the cross-access agreement language for Parcel D and Parcel E.) B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. Sanitary sewer and water service shall be from existing service lines on the property. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise directed so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 5. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 6. 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 Planning and Zoning Department (MCC 11-19-1). 7. Staffs failure to cite specific ordinance provisions or terms ofthe approved conditional use does not relieve the Applicant of responsibility for compliance. 8. The subject conditional use permit may be revoked or modified by the City Council upon notice and hearing, for breach or violation of approval or limitation ofthe permit (MCC 11- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE40F17 17-11). 9. A drainage plan designed by a State ofIdaho 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 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. 10. Certificate of Occupancy: 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. 11. Applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has complied and submitted revised CC&R's at the City Council meeting of March 16, 2004, which includes the cross-access agreement language for Parcel D and Parcel E.) 12. Parking stalls may be 1 T with a 2' overhang of a T walk as proposed. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. 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 comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 3. The roadways shall be built to Ada County Highway Standards 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. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 17 5. 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 an average of30Q' apart. 6. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer D. Adopt the Recommendations of Central District Health Department as follows: 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 ofEnvirorunental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. We will require plans be submitted for a plan review for any beverage establislnnent. E. Adopt the Recommendations of ACHD as follows: L When the property abutting Progress Avenue is submitted for review, the District may have additional comments related to driveways on Progress A venue. 2. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. 3. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Developer needs to contact the District for information regarding impact fees. 4. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) a permit or license agreement must be obtained from ACHD. F. Adopt the Recommendations of Sanitary Services as follows: 1. Applicant needs to show trash enclosures and coordinate with SSC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 17 13. It is found that the subject property is large enough to accommodate the required parking, landscaping and other features required by the ordinance. 14. The Comprehensive Plan Land Use Map designates the property as "Commercial" and the property is currently zoned C-G. It is found that the requested use is in compliance with the approved Future Land Use Map. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The proposed retail building is compatible with the existing structures within the Central Valley COIporate Park which have been constructed on neighboring properties. The proposed drive-thru will be compatible with the existing commercial uses near the subject property which include Winco Foods, Taco Time and a Chevron gas station and the proposed restaurant to be located immediately west of the subject property. Additionally, the proposed drive-thru will take access off of a private drive aisle and will have minimal impact on public roads near the subject property. 16. It is not anticipated that the proposed use will adversely affect adjacent properties. 17. It is found that the proposed development can be adequately served by the essential public services such as roads, water, and sewer. Up-to-date facilities were installed when Central Valley COIporate Park was platted. 18. It is found that the proposed retail building will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. Up-to-date facilities were installed when Central Valley Corporate Park was platted. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 17 proposed drive-thru. The proposed drive-thru will take access off of a private drive aisle and will have minimal impact on the traffic of surrounding public streets. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. The proposed drive-thru will be accessed off of a private drive aisle. Review of ACHD comments will provide additional detail on this issue. 21. It is found that the proposed development will not result in the destruction, loss or damage of other natural features. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE80F17 circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 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; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; 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; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and 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. 5. Prior to granting a conditional use permit in the C-G zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\DT PAGE90F17 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 ofthis Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation ofthe Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code g 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 17 8. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a five (5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a drive-through coffee stand in a C-G zone, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add a condition stating that parking stalls may be 17' with a 2' overhang of a 7' walk as proposed. 2. Delete condition #11 on page 5 and add a condition stating that the applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has complied and submitted revised CC&R's at the City Council meeting of March 16, 2004, which includes the cross-access agreement language for Parcel D and Parcel E.) B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17 -4.B. 2. Sanitary sewer and water service shall be from existing service lines on the property. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise directed so that the light does not spill over onto adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 17 properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 5. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 6. 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 Planning and Zoning Department (MCC 11-19-1). 7. Staff s failure to cite specific ordinance provisions or terms ofthe approved conditional use does not relieve the Applicant of responsibility for compliance. 8. The subject conditional use permit may be revoked or modified by the City Council upon notice and hearing, for breach or violation of approval or limitation of the permit (MCC 11- 17-11). 9. A drainage plan designed by a State ofIdaho 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 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. 10. Certificate of Occupancy: 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. 11. Applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has complied and submitted revised CC&R's at the City Council meeting of March 16,2004, which includes the cross-access agreement language for Parcel D and Parcel E.) 12. Parking stalls may be 17' with a 2' overhang of a 7' walk as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 17 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2" 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. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 3. The roadways shall be built to Ada County Highway Standards 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. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. 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 an average of300' apart. 6. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost ofthis installation is to be borne by the developer D. Adopt the Recommendations of Central District Health Department as follows: 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. We will require plans be submitted for a plan review for any beverage establishment. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 17 E. Adopt the Recommendations of ACHD as follows: 1. When the property abutting Progress Avenue is submitted for review, the District may have additional comments related to driveways on Progress Avenue. 2. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. 3. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Developer needs to contact the District for information regarding impact fees. 4. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) a permit or license agreement must be obtained from ACHD. F. Adopt the Recommendations of Sanitary Services as follows: 1. Applicant needs to show trash enclosures and coordinate with SSC. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 17 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.) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 17 for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by 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. By action of the City Council at its regular meeting held on the / ;1--1 & day of ~;2 ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED ~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 4-/$-&4- VOTED MOTION: APPROVED: )( DISAPPROVED: Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 17 - - - Copy served upon Applicant, Planning and ZoniR-Z,hlenartment, Public Works . \\\\ rPl1/J1 Department and the CIty Attorney. ,,\\".... OF Ail!:" 1111/ ~' ,,"\ '\ '--r(g.., ,.", ~ ....l\ V/.d "f $ v cPRPO~ '1,- ~ S ~ ~ -;. ::: 0 ~ - - - - - ... if-- :zz ;,p 4- ,... ?: :: ~ ~ ..0,tl;;::- ';; ~ V,s ...."'- ~ ~;..-? .,.. ISi . f:J.$ "" 'a r-,..X " //,; O~ ,("\ ~ . \,' /, l,llT.....L \v. ......... z:\ Work\M\Meridian\Meridian I 5360M'Central Park Plaza CUP-03"~72.. fClsC~P03..p;;'2'.(Ioc 't, '~rf nl~nP'-' By~'k~.~. City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\fiT PAGE 17 OF 17 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE- THRU WINDOW FOR A PROPOSED COFFEE SHOP IN A C-G ZONE LOCATED IN THE CENTRAL VALLEY CORPORATE PARK JUST NORTH OF WINCO FOODS AT THE NORTHEAST INTERSECTION OF CENTRAL DRIVE AND PROGRESS AVENUE" MERIDIAN, IDAHO NAHAS ENTERPRISES, APPLICANT C/C 03/16/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-072 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on March 16, 2004, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a five (5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a drive-through coffee stand in a C-G zone, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-072) PAGE 1 OF7 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add a condition stating that parking stalls may be 17' with a 2' overhang of a 7' walk as proposed. 2. Delete condition #11 on page 5 and add a condition stating that the applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has complied and submitted revised CC&R's at the City Council meeting of March 16,2004, which includes the cross-access agreement language for Parcel D and Parcel E.) B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11- 17A.B. 2. Sanitary sewer and water service shall be from existing service lines on the property. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down~shielded or otherwise directed so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate pennits. 5. All construction and site improvements shall confonn to the requirements ofthe Americans with Disabilities Act and the adopted building and fire codes. 6. 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 Planning and Zoning Department (MCC 11-19-1). 7. Staffs failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the Applicant of responsibility for compliance. 8. The subject conditional use permit may be revoked or modified by the City Council upon notice and hearing, for breach or violation of approval or limitation of the permit (MCC 11- 17-11). ORDER CONDITIONAL USE PERMIT (CUP-03-072) PAGE 2 OF7 9. A drainage plan designed by a State ofldaho 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 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. 10. Certificate of Occupancy: 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. 11. Applicant has agreed to revise CC&R's to include a cross-access agreement. (Applicant has complied and submitted revised CC&R's at the City Council meeting of March 16,2004, which includes the cross-access agreement language for Parcel D and Parcel E.) 12. Parking stalls may be 17' with a 2' overhang of a 7' walk as proposed. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. 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. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 3. The roadways shall be built to Ada County Highway Standards 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. 4. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. ORDER CONDITIONAL USE PERMIT (CUP-03-072) PAGE 3 OF7 5. 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 an average of300' apart. 6. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer D. Adopt the Recommendations of Central District Health Department as follows: 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 ofEnviromnental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. We will require plans be submitted for a plan review for any beverage establishment. E. Adopt the Recommendations of ACHD as follows: 1. When the property abutting Progress Avenue is submitted for review, the District may have additional comments related to driveways on Progress Avenue. 2. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. 3. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Developer needs to contact the District for information regarding impact fees. 4. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.) a permit or license agreement must be obtained from ACHD. F. Adopt the Recommendations of Sanitary Services as follows: 1. Applicant needs to show trash enclosures and coordinate with SSe. ORDER CONDITIONAL USE PERMIT (CUP-03-072) PAGE40F7 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code g 11-17-8, a copy of which is attached to this permit. 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 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 ORDER CONDITIONAL USE PERMIT (CUP-03-072) PAGES OF 7 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- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 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. By action of the City Council at its regular meeting held on the /:J II:- day of /Jrhr; Z ,2004. ORDER CONDITIONAL USE PERMIT (CUP-03-072) PAGE60F7 Attest: \\\\llIJlltIlUj \\\\ Ot:: f.P~...... ,\\..1 'r M<.:.:",...... ,.....' ;:\"' I~""~~}-tf '" .:f' (} .Cp'PIPOivJ ,,<~i~f:, ..::- ~ ~/-~..... 0.,,<- ~. 2 ~ <'0 '\~ - < - . S11'Upr 1 "12e~'1..L i ~ ,~;.J/ ~ ~ ~%& '\~- :: ~ ~ r 1S1 > .p ...$ ~/, 0", ~'r- ,-0 Copy served upon Applicant, the Planni~~'a~~~hihgJ5ep~rtment, Public Works Department ,.t!;~~ ~.'i~:", and City Attorney. .. " . By:~~~9- City Clerk Dated: 4-11--ti4- Z:\Work\M\Meridian\Meridian 15360M\Central Park Plaza CUP-03-072\OrdcICUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-072) PAGE 7 OF 7 April 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 13, 2004 5-r ITEM NO. REQUEST Agreement for Professional Services for Microbial Evaluation of 8th Street Office Building (Water Department) with Summit Environmental Inc. 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: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached / #J lrf 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. Water Division RECEIVED APR 082004 C~ty Of Meridi CIty Clerk O.ffi~ Memo To: Mayor De Weerd & City Council From: Rick Clinton ~J c& CC: File, Gary Smith, PE, City Clerk Date: 2/5/03 Re: April 13 City Council Meeting Agenda Items The Water Division respectfully requests that the following item be placed on the April 13 City Council agenda, under Consent Agenda, for Council's consideration: AQreement for Professional Services, Microbial Evaluation of 8th Street Office SuildinQ - Summit Environmental Inc. During the wet season earlier this spring several Water Division offices experienced water damage from a failing roof. Since then, a few staff members have expressed concerns that they believe we have a presence of mold in the building and that it may be adversely affecting their health. I have requested this proposal to 1) evaluate the presence or absence of mold via collection of air and surface samples 2) establish remediation recommendations to be completed during future roof repairs if applicable and 3) retest and certify the absence of mold after remediation (if mold is found to be present). The agreement includes initial inspection, full sampling and post clean up sampling. The agreement is not to exceed $3,179.00. Recommended Council Action: Approve the agreement with Summit Environmental Inc. for a full microbial evaluation of the Water Deparbnent office located at 2235 NW 8th street on a time-and-materials basis; not to exceed amount of $3; 179.00; and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. . Page 1 AGREEMENT AND AUTHORIZATION FOR ENVIRONMENTAL SERVICES ASUMMIT ENVIRONMENTALt INC. By this Agreement dated , 2004, ~ ",,(l t1t" i&;ClAV (Client) authorizes Summit Environmental, Inc. (Consultant) to carry 0 t and complete the following Services in consideration of the mutual covenants set forth in this Agreement, the ENVIRONMENTAL SERVICES TERMS AND CONDITIONS, and the following additional attachments: Exhibit A ~ Unit Rate Schedule and Exhibit B - Project Cost Estimate. Client: _City of Meridian Phone: __888~5242__ Address: 2235 NW 8th St., Meridian, ID 83642 Fax: _884~1159_ Project: _Water Dept. Building Summit Project No.: _188.001.01 Scope of Services: Check all tasks that apply: · Limited review of __Water Dept. Building_ for possible visible mold and water intrusion. · Collect surface or bulk samples, as needed, of suspect mold growth. · Address Home Inspector Report and Buyer Addendum, or employee complaints on mold, if needed. · Prepare a summary report and provide technical consulting as requested. · Certified microbial lab will be used for fungal sample analysis. · Certified Microbial Consultant or Microbial Inspector will conduct review; Summit staff maintains certifications through American Indoor Air Quality Council. · Collect non~viable fungi air quality samples. · Collect viable fungi air quality samples. · Client to provide site access and all available prior property assessments. Fee Information: Project to be completed on a Time and Material basis at the Unit Rates established in Exhibit A. Estimated total cost is $ ; not to be exceeded without prior client approval, which will not unreasonably be withheld such that it impacts the project schedule. Date: :~~~~ Title: ~. Z:v,'tbJ11ktu" { <c~"&,.t~{ Lf-;-oy Date: Client: By: Title: Agreement January 2004 J\SUMMIT ENvU'tONM:ENTAL.INC. ENVIRONMENTAL SERVICES 11 TERMS AND CONDITIONS 1. SERVICES: Consultant agrees to perform the Scope of Services (Services) under the following terms and conditions. Additional Services will be provided only by written amendment to this Agreement. 2. TIMES OF PAYMENTS: Consultant will submit invoices on a monthly basis for the un billed portion of Services actually completed. Client will pay the invoice within 30 days of the invoice date. Accounts remaining unpaid after said 15 days will be considered delinquent and assessed a late payment charge (currently at the rate of 1 1/2% per month) calculated each month from the date of the invoice. Consultant reserves the right to suspend all Services until account delinquencies have been remedied. 3. OPINIONS OF COST: Because Consultant has no control over the cost of labor, materials, equipment or Services furnished by others, or over contractors' methods of determining prices, or other competitive bidding or market conditions, any cost estimates provided by Consultant will be made on the basis of experience and judgment. Consultant cannot and does not guarantee that proposals, bids or actual Project construction costs will not vary from cost estimates prepared by Consultant. Consultant will not exceed estimated probable cost without prior authorization from Client. 4. RECOGNITION OF RISK: Client recognizes that site conditions will often vary from those encountered at the times and locations, where data are obtained by the Consultant, and that the limited data results in uncertainty with respect to the interpretation of these conditions, despite the use of due professional care. Consultant's findings, specifications or professional advice do not contain any warranty or representation that Client's site is free from environmental or microbial contamination. Environmental and microbiological contamination may be unidentified within walls, ceiling cavities, below flooring or grade, and other non-accessible areas. 5. CLIENT PROVIDED INFORMATION: Client will make available to Consultant, all information readily available to Client regarding existing and proposed conditions ofthe site, which will aid Consultant in its performance of Services. Client agrees to advise Consultant of any hazardous substances or any condition existing in, on or near the site presenting a potential danger to human health, the environment, or equipment. Client will immediately transmit to Consultant any new information that becomes available to Client, which may have a bearing on Consultant's performance of Services, orwhich relates to information Consultant has requested from Client. Consultant shall be entitled to rely, without further inquiry or investigation, on all information furnished to Consultant by Client. lfany hazards, not disclosed to Consultant, are discovered after the Services are undertaken, Client and Consultant agree that the Scope of Services, time schedule and rate schedule shall be modified accordingly. 6. STANDARD OF PERFORMANCE: Consultant represents that Services will be performed within the limits prescribed by Client, and that its findings, recommendations, specifications, and/or professional advice provided hereunder will be prepared and presented in a manner consistent with the level of care and skill ordinarily exercised by other professionals under similar circumstances, at the time the Services are performed. 7. ACCESS, APPROVALS, PERMITS: Unless otherwise agreed, Client shall arrange for access to and make all provisions for Consultant to enter onto public and private property as required for Consultant to perform the Services, and Client will be solely responsible for applying for and obtaining such permits and approvals as may be necessary for Consultant to perform the Services. B. REUSE OF DOCUMENTS: All documents, including computer files, drawings and specifications, prepared by Consultant pursuant to this Agreement shall remain the property of Consultant and are instruments of service with respect to the Project. They are not intended or represented to be suitable for reuse by Client or others on extensions of the Seri/ices provided for the Project under this Agreement or on any other project. Any reuse without written authorization, certification or adaptation by Consultant for the specific purpose intended will be at Client's sole risk and without liability to Consultant. 9, SAMPLES: Consultant shall preserve all samples obtained for the Project, as it deems necessary but not longer than twenty (20) days after the issuance of any document which records the data obtained as a result of the sample analysis. 10. EXCLUSIONS: All issues related to asbestos, PCBs, lead paint, endangered species, and wetland delineation (excluded issues) are excluded from Consultant's Scope of Services. Client shall notify Consultant at the start of the Project if there is reason to suspect the presence of any excluded issues on the site. If excluded issues are suspected or encountered, Consultant will stop its own work to permit proper testing and evaluation by others. If requested as an additional Service, Consultant will assist Client in contacting regulatory agencies and/or identifying appropriate testing laboratories or contractors. Tenns and Conditions January 2004 Page 1 of2 ASUMMIT EHYIAONI,UltlTAL. .NiC;. 11. INDEMNIFICATION AND INSURANCE: (a) Client agrees to indemnify, hold harmless and defend Consultant, its directors, officers, agents and employees, from and against any and all liabilities, claims, penalties, forfeitures, suits and the cost and expenses incidental thereto, including but not limited to reasonable attorney fees, which Consultant may hereafter incur, become responsible for or payout as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment or any violation of govemmentallaws, regulations or orders caused by Client's: (1) breach of any term or provision of this Agreement, (2) any negligent or wrongful act or omission in the performance of this Agreement, or (3) Client's generation of waste products. (b) Consultant agrees to indemnify, hold harmless and defend Client, its directors, officers, agents and employees, from and against any and all liabilities, claims, penalties, forfeitures, suits, and the cost and expenses incidental thereto, including but not limited to reasonable attorney fees, which Client may hereafter incur, become responsible for or payout as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment or any violation of governmental laws, regulations or orders caused by Consultant's: (1) breach of any term or provision of this Agreement, or (2) any negligent or wrongful act or omission in the performance of this Agreement. (c) In the event any claim arises as a result ofthe concurrent negligence of Consultant and Client, liability will be determined on the basis of the doctrine of comparative negligence. Each party shall promptly notify the other party, in writing, of any threatened or actual claim, action, or proceeding. Consultant and Client shall jointly control the defense. (d) Notwithstanding any other provision contained in this Agreement, neither party shall be liable to the other party for any indirect, incidental, special or consequential damages of any kind, including without limitation, lost profits or loss of use, regardless of the cause, including negligence. (e) Upon request, Consultant will provide Client with Certificates of Insurance for Worker's Compensation, General, Auto, and Professional Liability coverage. Client agrees to maintain, during the performance of Services, general liability and automobile liability insurance in the amount of one million dollars ($1,000,000). 12. LIMITED LIABILITY: Client agrees that Consultant's liability to Client, contractors, subcontractors, and their agents, employees and consultants, and to all other third parties which may arise from or be due directly or indirectly to the negligent acts, errors and/or omissions of Consultant, its agents, employees or consultants shall be limited to a continued aggregate notto exceed $25,000 or the total amount paid in fees to Consultant, whichever is greater. 13. TERMINATION: Either party may terminate this Agreement upon thirty (30) days written notice to the other. Either party may terminate this Agreement immediately in the event of a material breach by the other party to perform in accordance with the terms hereof, but only if said breach is through no fault of the terminating party and said breach is not corrected before the date of termination. If this Agreement terminates for Force Majeure, Client shall pay Consultant for all Services authorized and performed prior to the termination date including, if applicable, a prorated lump sum fee. 14. SUCCESSORS AND ASSIGNS: Neither the Consultant nor the Client may assign this Agreement without the prior written consent of the other. Consultant may, however, employ any other party or entity it deems necessary or proper for any part ofthe Services required to be performed by Consultant under the terms ofthis Agreement. The covenants, conditions and terms ofthis Agreement shall extend to and be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties hereto. 15. MISCELLANEOUS: (a) This Agreement shall be governed by the laws of the State of Idaho. (b) Any claim brought by Client against Consultant must be brought no later than two years after the date of substantial completion ofthe Services hereunder or the expiration of the appropriate statute of limitations, whichever is earlier. (c) In the event this Agreement should be referred to an attorney at law or agent for collection, Client agrees to pay such reasonable attorney or agent fees and costs as Consultant may incur to any attorney or agent in such collection even if no action is instituted. (d) No waiver by either party of any provision of this Agreement shall be construed or deemed to be a waiver of; (1) any other provision of this Agreement, or (2) a subsequent breach of the same provision, unless such waiver be so expressed in writing and signed by the party to be bound. (e) The Terms and Conditions of this Agreement contain a series of separate agreements. If in any proceeding, a court or arbitrator shall refuse to enforce any of the separate agreements, any unenforceable agreement shall be deemed reduced or eliminated from the Terms and Conditions for the purpose of such proceeding, but only to the extent necessary to permit the remaining agreements to be enforced in such proceeding. (f) Nothing contained in this Agreement shall be construed or interpreted as requiring Consultant to assume the status of generator, storage, treatment, or disposal facility, or arranger of any such treatment, storage or disposal as those terms appear within the Resource Conservation and Recovery Act, 42 USCA, Section 6901, et seq., as amended (RCRA), Comprehensive Environmental Response Compensation and Liability Act, 42 USCA Section 9601, et seq., as Amended (CERCLA), or within any state statute governing the treatment, storage or disposal of solid or hazardous waste. (g) This Agreement constitutes the entire agreement between Client and Consultant regarding the Services and supersedes all prior or contemporaneous oral or written representations or agreements. This Agreement shall not be modified except by a written document signed by both parties. Terms and Conditions Janual)' 2004 Page 2 of2 ASUMMIT ENVUlONMlurr.u...INC. ASUMMIT ENVIRONMENTAL, INC. EXHIBIT A Unit Rate Schedule for Environmental Services I. The compensation for work done on the basis of personnel services plus incurred expenses will be established using the rates as set forth below: PERSONNEL SERVICES Expert Witness Testimony Principal: Project Manager, Technical Manager Expert Witness Research Sr. Scientist, CHMM, CMC Scientist 7 Scientist 5.6 Sr. Field Supervisor, CMI Sr. Field Technician Scientist 3-4 Travel Time Project Assistant; Clerical 2-3 Student Intern; Clerical $ 160.00 $ 110.00 $ 95.00 $ 85.00 $ 70.00 $ 70.00 $ 60.00 $ 55.00 $ 40.00 $ 35.00 $ 25.00 II. OUTSIDE EXPENSES Any outside expenses (including subconsultant and subcontractor services) incurred forthis Project bySummtt Environmental, Inc. wlll be charged at the actual cost of the expense plus twenty percent (20%). III. IN-HOUSE EXPENSES a. Eauipment Expenses: Vehicle Mileage. truck Personal Protective Equipment (basic level C) Combustible Gas Meter Four Gas Meter Organic Vapor Detector Mini-Ram Dust Monitor Andersen N-6, Bioaerosol Sampler Microbiallnvestigalion Tools (moisture, temp., humid. meters, etc.) Drager Pump & Tubes Water level Meter pH and Conductivity Meter Personnel Sampling Pump and Callbration Equipment Cell Phone Air Sampllng Vacuum Box & Pump Camera Soil Sample Auger Soil Sample Core Tool Miscellaneous Hand & Power Tools Equipment I Response Trailer Pressure Washer b. Field Supplies: Field supplies provided from stock wlll be charged as follows: Disposable Field Equipment Barricades, Cones and Safety Signs 55-Gallon Drum 85-Gallon Over Pack Drum Tedlar Bag Disposable Bailer Air Sampling Cassette Oil Chlor Detect Kits $ 0.60 I mlfe $ 45.00 I day $ 50.00 I day $ 80.00 I day $ 60.00 I day $ 45.00 I day $ 85.00 I day $ 25.00 I day $ varies I day $ 25.00 I day $ 35.00 I day $ 30.00 I day $ 15.00 I day $ 25.00 I day $ 15.00 I day $ 20.00 I day $ 35.00 I day $ 15.00 I day $ 115.00 I day $ 75.00 I day $ 20.00 I day $ 50.00 I week $ 70.00 I each $ 215.00 I each $ 12.00 I each $ 15.00 I each $ 12.00 I each $ 20.00 I each c. Reproduction Costs: Reproduction materials provided from stock will be charged at the following rates: Scanned I Color Printed Images Photocopy Fax Machine Report Binding (one with project) Unit Rate Schedule January 2004 CONFIDENTIAL Do Not Reproduce $ 1.30 I each $ 0.10 I copy $ 1.00 I page $ 3.00 I binding ASUMMIT ENVIIEON....CNTAa... tHe. llSUMMIT ENVIRONMENTAL INC. Labor Rate Project Mgr,fTechnical Manager $110.00 Senior Scientist, CHMM, CMC $ 95.00 Scientist 7 $ 85.00 Scientist 5-6 $ 70.00 Sr. Field Supervisor - CMl $ 70.00 Scientist 3-4 $ 55.00 Sr. Field Technician $ 55.00 TravelTime $ 40.00 Project Assistant > $ 35.00 TOTAL HOURS TOTAL LABOR COSTS %n~~~~3_ OTHER DIRECT COSTS Vehicle - Truck I mile Reproductlon , page Disposable Field Equipment loaersol Sampler ample Shipper & Ice edX Sample Shipping Charges Camera & Photo Development Misc. Safety. Equipment. & Inst. ir Sampling Cassettes Cultural Augar Plates (MEA,SAP) lable Analytical (reg tumaround) Non-Viable Analytical, reg TAT ulk I Surface Analytical, reg TAT ield Monitor Colored Photocopies OTAL OTHER DIRECT COSTS EXHIBIT 8 Project Cost Estimate Microbial Evaluation TASK 1 Scheduling, Oversight & Project Management TASK 2 Initial & PostSlte Visit and Building Inspection '~~JL l~~ped~ov,,- ,r::=;" ( / P i ~'\ awf) POSt- t~l.1'15 :; Cf ~ P ( i VI Ma -01-2003 TASK 3 TA K 4 TOTAL TASK InItial Microbial Air Analytical Review & Sampling and Post Cleanup Samples Letter Reports Total Hrs Costs Hrs Costs Costs $ S 3 $ 285.00 8 $ 760.00 1 ,662.50 $ S $ 4 S 280.00 280.00 $ S $ $ $ $ $ $ $ $ 140.00 $ 30 $ 3.00 30 $ 2 $ 170.00 $ $ 35.00 35.00 $ 30.00 $ 6 $ 72.00 72.00 6 $ 9.00 9.00 6 $ 270.00 270.00 6 $ 270.00 270.00 4 $ 160.00 160.00 $ $ 6.50 $ is an estimate, actual project to be completed on a Time an Material basis. Proposed Laboratories: Environmental Microbiology Laboratory in San Bruno, CA or Aerotech Laboratories in Phoenix. AZ.. Hrs Costs Hrs Costs $ 0.5 $ 47.50 6 570.00 $ $ $ $ $ $ $ 50.00 30.00 Project Assumptions: 1 Summit Environmental to perform initial microbial evafuatfon and sampling. 2 Analytical may include: culturable fungal air samples, culturable bacterial air samples, non-viable fungal air samples, and surface samples. 3 Client to provide building drawings, site access, and knowledgeable person to assist in building operation history and site background. 4 Client understands that actual site conditions may result in modifications to the proposed scope of work and cost estimate. 5 Fungi is ubiquitous to the earth and a sterile environment is not the objective of fungal assessments and corrective actions. 6 The microbial aerosol makeup of environmental air can change rapidly due to both natural and human actions. LImitations: Quantities will be preliminary, and are based on observations made during our survey and shouid not be used to prepare a removal cost bid. Summit cannot act as insurers, and no expressed or implied representation or warranty is included or intended In our report except that our work was performed, within the limits prescribed by our client, with the customary thoroughness and competence of our profession at the time and place the services were rendered. The size of the area impacted by microbial impact is primarily based on professional judgment and practicality. Additionally other possible building material hazards such as asbestos and lead-based paint were nollncluded as part of this evaluation and may require proper sampling for proper personnel protective equipment selection prior to disturbance. Other unidentified microbiological Impact may be located within walls, ceiling cavities. below flooring or grade, and other non-accessible areas. Precaution should be used during remediation as the condition of the microbiological impact may change gradually or suddenly, depending upon dynamic conditJons. April 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 13, 2004 5-5 ITEM NO. REQUEST Agreement for Professional Services for Water Division Space Analysis Study with BRS Architects 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 ~~ 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. RECEI D APR 0 8 2004 City Of Meridian City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 4/7/04 Re: April 13 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following items be placed on the April 13, 2004 City Council agenda, on the Consent Agenda, for Council's consideration: Agreement for Professional Services for Water Division Space Analvsis Study - BRS Architects. After discussing this issue with City Council at its February 24 and March 9 meetings, we proceeded with negotiating an agreement with BRS Architects. A copy of that agreement and my February 19, 2004 memo to Mayor and Council follows. As you will recall, the Mayor, Rick Clinton and I met with B.S.U. representatives in early March. They told us at that meeting of their intention to move the electricallineworkers program to their "West" campus. Consequently, we are proceeding with a space analysis of the existing site at 2235 N.W. 8th only and not considering other locations or new facilities. The analysis will include the following: · Existing facility survey · Programming: define space requirements; equipment, environmental & environmental needs; critical adjacencies/separations · Schematic design including conceptual floor plan, building elevations/sections and site plan. The analysis will be based on expanding and remodeling the existing building to meet the 20- year staff, equipment and fleet requirements. Recommended Council Action: Approve the agreement with BRS Architects for the Water Division Facility Requirements Analysis on a lump sum amount of $22,050.00, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ~ . Page 1 / ( City of Meridian Public Works Dept. j:r,PH 0 S 200l\ Of Meri1ian Cler1z Ornce Memo To: Mayor de Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 2/19/04 Re: February 24 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following item be placed on the February 24 City Council agenda, under Public Works Department Reports, for discussion with Mayor and Council: Discussion of Water Division Space Analysis Study Over the last couple of years the Water Division has grown to the point that there is little to no room for additional employees, vehicles or shop space at its current facility. Consequently, we thought it prudent to determine the immediate and long-term needs of the Division. In 2002, Larson Architects, at no charge, graciously provided us with a projection based of general space requirements. Using the information Larson Architects provided, we issued a Request For Proposals (copy attached) in November 2003 for architectural services to complete a space analysis of the Water Division. We received six proposals and, after much evaluation and discussion, selected BRS Architects to negotiate with. The purpose of the study was to evaluate the feasibility of expanding the current site/facility versus a new site/facility to meet the 20-year needs of the Water Division. In our initial scoping meeting with BRS, we began question the logic in evaluating the existing facility and site given their many limitations. These include a long-term lease (through 2018, option to 2028) with the BSU Line Workers Vo-Tech School, lack of parking space, inability to expand westward into the Eighth Street Park due to a large sewer trunk and costs to come into compliance with City setback, landscaping and paving requirements upon remodel. . Page 1 We then directed BRS to evaluate the basic feasibility of the existing site given the above constraints. BRS Architects submitted a short memo report to me (attached) listing their assumptions and findings. In a nutshell, the existing site will not accommodate the 20-year build out of the Water Division. Rick Clinton spoke with Larry Barnhardt, Dean of the BSU College of Applied Technology, regarding their lease on the site. Mr. Barnhardt sent the attached letter to Rick. The lease is in effect through 2018 with a BSU option for an additional 10 years. Mayor de Weerd has scheduled a meeting with Mr. Barnhardt and Dennis Griffin the week of March 1 to discuss further. Rick and I also met with Doug Strong and Elroy Huff to discuss the feasibility of the Parks Department using the site. They visited the facility later that same day. I believe they are cautiously optimistic about being able to use it. So we are at the point where I need to direct BRS Architects to do one of four things: 1. Proceed with a full space analysis of a new facility and site. 2. Proceed with a full space analysis of both a new facility/site and of retrofitting the existing building/site. 3. Proceed with only a full analysis of retrofitting the existing building/site. 4. Stop here and make the best of the existing site. This option essentially places a hiring freeze on the Water Division as they do not have space to put any more employees without sacrificing meeting space. We would also need to do some remodeling to address security concerns. Our recommendation is Option #1 above. It does not appear that the existing building/site can be feasibly modified to meet the long range needs of the Water Division based on the BRS memo and spending additional money to show that may not be the best use of funds. However, if you or Council think we should compare both alternatives (Option #2), I will certainly direct BRS to proceed that way. Once I receive your thoughts, I will either instruct BRS to proceed with preparation of an agreement for presentation to City Councilor, at your direction, present this question to City Council at the February 17 meeting for discussion. Thank you for your consideration. . Page 2 AlA Document 8141" -1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architecfs Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES TERMS AND CONDITIONS SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS This document has important legal consequences, Consultation with an attorney is encouraged with respect to Its completion or modification. 1.3 1.4 1;5 COMPENSATION AGREEIvlENTmade as oftheSecond day of April in the year Two Thousand and Four (In words, indiCate day, month and year) ........-.. .................. .. . . . . BETWEENthe ArchiteCt's cliehtidentified as the Owner: .. - ' '. (Name; dddressahd other infdnnation) CityofMeridiari, . 660EWatertower, Suite 200 Meridian, IH83642. TelephoneN t1inber~898-5500 Fax Number: 887~1297 and the Architect: (Name, addressahdother infonnation) BRS Architects 1010 South Allante Place. SUite 100 Boise. In 83709 ..... TerephoneNumber:.208-336~8370 Fax Number: 208-336~8380 BRSProiectNo.040"07 For the following Project: (Include detailed description of Project) City of Meridian - Water Dept. Facility Requirements Analysis 2235 NwSlbSt.. Meridian. ill .Prograinniing-;Define the space requirements (square footage). identify critical adiacencies/separations. identify equipment needs. identify building environment needs (Iightirig'I-IVAC, etc.). and identify utility needs (power. gas. sewer. water). for facility requirements for the next 20 vears. Schematic Design: Develop conceptual floor plan. building elevations and sections. and site plan. Give the proiect general definition and generate probable construction costs. The Owner and Architect agree as follows: AlA Document B14pM -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961,1963, 1966, 1967, 1970, 1974, 1977, 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. 1 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 14:21 :28 on 04/05/2004 under Order No.1 000090489_1 which expires on 113/05, and is not for resale. User Notes: (504522801) AlA Document B14F" -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951,1953, 1958, 1961, 1963, 1966, t967, 1970, 1974,1977, 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 distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be proseculed to 1he maximum extent possible under the law. This document was produced by AlA software at 14:21 :28 on 04/05/2004 under Order No.1 000090489_ 1 which expires on 1/3/05, and is not for resale. User Notes: (504522801) 2 ARTICLE 1.1 INITIAL INFORMATION ARTICLE 1.1 INITIAL INFORMATION 91.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for thefollowing items by inserting the requested infonnation or a statement such as "not applicable," "unknown at time of execution" or "to be detennined later by mutual agreement. ") 91.1.2 PROJECT PARAMETERS S 1.1.2.1 The objective or use is: (Identify or describe, ifappropriate, proposed use or goals.) Space plannin?and schematic desie:n for remodel/addition for facility requirements for the next 20 years. g1.1.2.2 Thephyslclllparameters are: (Identify Or describt;,ifappropriate, size, location, dimensions, or other pertinent infonnation, such as geotechnical reponsabOu{the site.) Existin g.building and site. S1'~1.2;3TheOwner'sProgram is: (Identify documentation or state the manner in which the program will be developed.) .1"; AtthispbintOwnerassumesthey will need a 10.000 s.f. facility, 40 covered parking spaces and 25 additional parking spacesto;meettheirneeds 20 yearS out. o , , . _ . 9 1.1.2.4 The legaLparametersare: (Identifypertinentlegal information, including, if appropriate, land sUn-'eys and legal descriptions and restrictions ojthes!fl.) N/A 91;1 ;2:5 The firiancialparameters areasfollows. .1 Aniountofthe Owner!soveraIl budget for the Project, including the Architect's compensation, is: nventy-two thousarictarid fifty dollars ($22.050.00), .2: Anlpuhtof t~e Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: unknown attime of execution of this Ae:reement . . .-,. '-." .9 .1.1 ~2;6T~etime paramet~rsar~:...."';';...": .... .........;. (Identify,.ifagpropriate, milesionedaies, durations or fast track scheduling.) Scope of ServiceslCoritradto"the City, Friday April 2. Draft documents to City June 15. Final report to City mid- July. S 1.1.2.7Theproposed procurement or delivery method for the Project is: (Identify methiJdsitchas competitive bid, negotiated contract, or construction management.) Reports, conceptllalfJoor plan and building elevations. probable construction costs. go1.1.2.80therparameters are: (Identifyspedalcharacteristics or needs of the Project such as energy, environmental or historic presen-'ation requ{reinenis.) NfA 9 1.1.3 P ROJ ECT TEAM 91.1.3.1 The Owner's Designated Representative is: (List name, address and other infonnation.) AlA Document B141'" -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966,1967, 1970, 1974, 1977, 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. 3 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 14:21 :26 on 04105/2004 under Order NO.1 000090489_, which expires on 1/3/05, and is not far resale. Use r Notes: (504522801) Brad Watson, City En!:!ineer City of Meridian 660 EWatertower. Suite 200 Meridian. ill 83642 (208) 898-5500 S 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other infonnation.) Rick Clinton,Superintendent Meridian WaterDepaitment 2235 NW8thSt Meridian.ID83642 (208) 888~5242 g1.1.3.3The Owner's other consultants and contractors are: (LisidiSciplineiltid, ifknown, identify them by name and address.) NI1\: g1.1.3.4The Architect's Designated Representative is: (List name, addressandotherHzfonnation.) CliiltOIlM, Y~ka<.<... BRSArC~itects. . ... ..... ....<..... 1010 Soiith.All ante Place;.$uite 100 Boise.ID83J09 (2d8Y336-8370 .s...1;1;3.5 TheC6nsultantsTetainedriti4e<AXchitect's expense are: (List discipline and, if known, idiritifytHem by name and address.) N/A . , , - ._, .', -----,'.:.:"::'-' S 1.1;40il1erimportant initial'ihf{)~~tioi1 is: . -. . lthas been determined that theFaCilitv Requirements Analysis will be for the existing building and site, not for a new site. . . . . , _. o. S 1:1:5 When the serVlceSulldeitllis Agreement include contract administration services, the General Conditions of the Contrac;tforConstructlonshall be the edition of AlA Document A201 current as of the date of this Agreement, cir as follows: g1.1.6The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in deteirrifuingtheArchitect's compensation. Both parties, however, recognize that such information may change and, idthatevent,theOwner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change.inSetvices in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES s 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. AlA Document B141T'" -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 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. 4 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 14:21 :28 on 04/05/2004 under Order No.1000090489_1 which expires on 1/3/05, and is not for resale. User Notes: (504522801) g 1.2.2 OWNER g 1 ;2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. g1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost ofthe Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost oftbe Work, or contingencies included in the overall budget or a portion of the budget, without the agreement ofthe Architect to a corresponding change in the Project scope and quality. gl.2.2.3 The Owner'sDesignated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions ill atimelynl1mnerpertaining to documents submitted by the Architect in order to avoid unreasonable delay intheorderlyandsequential progress of the Architect's services. S1.2;2;4TheOwnershaIlful'ni:!ih the services of consultants other than those designated in Section 1.1.3 or authorize the Arthitecttofllnii~hthemas a Change in Services when such services are requested by the Architect and are reasonably required by the' scope of the Project. . -' ,-' . . . . Sl.2.2:S Unlessother\viseprovlded in this Agreement, the Owner shall furnish tests, inspections and reports required bylaw or the ContractDoc:uIl1erits, such as structural, mechanical, and chemical tests, tests for air and water pollution, and iestsfor hazaidous materials. g1.2.2:.6The OwnershaIlfurnish all legal, insurance and accounting services, including auditing services, that may be reasomibly necessary ataIjytime for the Project to meet the Owner's needs and interests. Sl.2;2.7 The Ownei"sha1.1ptovide prompt written notice to the Architect if the Owner becomes aware of any fault or defectinthe Projec(lllC1iiding any errors, omissions or inconsistencies in the Architect's Instruments of Service. g1.2.3ARCHITECT. .........., ..... . ...................... S.1;2:3.1 TheSeryicespert'ormed.byt~eArchitect, Architect's employees and Architect's consultants shall be as enumerated inArticle 1.4. st;2.3.2TheA.rc~tect'ssebi'iees s~all be performed as expeditiously as is consistent with professional skill and care arid the orderly progress oft~el?roJeqLThe Architect shall submit for the Owner's approval a schedule for the performance of.the Architec:t'sseryic~iwhich initially shall be consistent with the time periods established in Sectioril.12!fiaild wpichsfialppeadjusted, if necessary, ~as the Project proceeds. This schedule shall include allowances for periods of time required for tbe Owner's review, for the performance of the Owner's consultants, and for approval of submissi~ri.~pyauthorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. . - ,.. .- '. ..:', '-,-. ,'. . .;',;-'::,:. '. .:c S 1.2.3.3TheAi'chit~.ct's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's:behalfwith respect to the Project. . ~.1.2.3.4 The Architectshall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant barm to the public or prevent tbeArchitect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall requireoftbe Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. g 1.2.3SExcept with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. AlA Document B141"M -1997 Part 1. Copyright (f) 1917, 1926, 1946, 1951. 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 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~ 5 Unaufhorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:21 :28 on 04/05/2004 under Order No.1000090489_1 which expires on 1/3/05, and is not for resale. User Notes: (504522801) ~ 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Projectto requirements imposed by governmental authorities having jurisdiction over the Project. ~ 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS ~1.3.1 COSTOF THE WORK ~1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost tothe Owner of all elemerits of the Project designed or specified by the Architect. ~J.3.1.2 The Cost oftlieWork shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervisiO.llOfconstruction or installation provided by a separate construction manager or contractor, plus areasonableallowance for their overhead and profit. In addition, a reasonable allowance for contingenCies shalFbe inchided for market conditions at the time of bidding and for changes in the Work. ~1.3.t3TheCostofthe:Woik does not include the compensation of the Architect and the Architect's consultants, the costs oftheland; rights"of-way and financing or other costs that are the responsibility of the Owner. . '. , -" ,., " ,. ~1.3.2INSTRlJMENtsbF SERVICE ~1:3.2:1 Drawjng~,spe8ififations and other documents, including those in electronic form, prepared by the Architect and the Architedt's consllltants are Instruments of Service for use solely with respect to this Project. The Architect andtheArchitect's<cOnsi.ilta.ht~shall be deemed the authors and owners of their respective Instruments of Service andshaUTetainallcoinfuorila.w, statutory and other reserved rights, including copyrights. ~1.3.2:2Upon executioliOfthis Agreement, the Architect grants to the Owner a nonexclusive license to reproduce theAtchitect'sTnstruments of Service solely for purposes of constructing, using and maintaining the Project, providedthatthe Owner shall comply with all obligations, including prompt payment of all sums when dUe, under this Agi'eetnent. The ArchItect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this AgreemJ~I1t.J\.nY tenninati?ll'ofthis Agreement prior to completion of the Project shall terminate this license. Upon such termination,theO\Vner shall refrain from making further reproductions of Instruments of Service and shallreturnt() the Architedwithin seven days of termination all originals and reproductions in the Owner's '!?ossessioriorcontrol)If arid upon tile date the Architect is adjudged in default ofthis Agreement, the foregoing license-shall be deemed termiriated'andreplaced by a second, nonexclusi ve license permitting the Owner to authoIizeother similarly credentbledaesign professionals to reproduce and, where permitted by law, to make changes, corrections or additiohs'tothe Instruments of Service solely for purposes of completing, using and maintaining the Project. ~ 1.3.2.3 Except fot>theJic~nsssgranted in Section 1.3.2.2, no other license or right shan be deemed granted or implied under this Agi.eementTheOwner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted'herein to another party without the prior written agreement of the Architect. However, the Owner shall be p~rrnitted.t()authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers toreprodiiceapplicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution ofInstruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publicationinderogation ofthe reserved rights of the Architect and the Architect's consultants. The Owner shan not use'theInstruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instrurnentsof Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ~ 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such AlA Document B141l'" -1997 Part 1. Copyright tel 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute 01 Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 6 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 software at 14:21:28 on 04105/2004 under Order No.1 000090489_1 which expires on 1/3/05, and is not for resale. User Notes: (504522801) Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. 9 1.3;3 CHANGE IN SERVICES 9 1:3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for achimge due to the fault of the .Architect, Change in Services of the .Architect shall entitle the .Architect toanadjustll1entin compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. g1.3.3.2Ifanyof the following circumstances affect the Architect's services for the Project, the Architect shan be entitledto anapprojJiiate adjustment in the Architect's schedule and compensation; .1 change intheiiistructions or approvals given by the Owner that necessitate revisions in Instruments of Service; enactmentorrevision of codes, laws or regulations or official interpretations which necessitate changes'toprevi9usly prepared Instruments of Service; decisioIls of the Clwner not rendered in a timely manner; significantcharige in the Project including, but not limited to, size, quality, complexity, the Owner's s~heduleiorbudget, or procurement method; fail ureofper'foimance on the part of the Owner or the Owner's consultants or contractors; pr~paiatioriforand attendance at a public hearing, a dispute resolution proceeding or a legal pr. oc:eeditig,...exc... ept where the Architect is party thereto; charigeinthe:irtformation contained in .Arti de 1. I . .2 .3' .4 .5 ,6 .7 g1.3AM EDIA TION" g1.3.4.1 Any c1aim,disputeor other matter in question arising out of or related to this Agreement shall be subject to i:nediationasac?nditio~J?recedentt()arbitration or the institution of legal or equitable proceedings by either party. TfSuch matteitelatestooris thes~bjee:rof a lien arising out of the Architect's services, the .Architect may proceed inaccdrdance""itiJ applicable laWtOicorhply with the lien notice or filing deadlines prior to resolution of the matter by mediafionorhyarbitration. .. . . -.- --. . - -.. ..-. . --. , , >:;-,_.~, :. . .-- :<-':: - ..' ." ~1.3>t2The dWrie:r and .Architects.hall endeavor to resolve claims, disputes and other matters in question between theiiibymediation which,'unlesstheparties mutually agree otherwise, shall be in accordance with the Construction Industry Medhition Rules oftheAmerican Arbitration Association currently in effect. Request for mediation shan be filed in writing with the other party to this Agreement and with the American .Arbitration Association. The request maybe madeconcurreritlywiththe filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitrati?n8r]~~#loJ.'~quitable proceedings, which shaH be stayed pending mediation for a period of 60 days from the date offiling;tmless stayed for a longer period by agreement of the parties or court order. g1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place wherethe'Pr(ijectis located, unless another location is mutually agreed upon. Agreements reached in mediation shallhe enforceable as settlement agreements in any court having jurisdiction thereof. g1.3.5ARBJT~A1;ION ~J;3:5:1Ariy c:Jaim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shaH endeavor to resolve disputes by mediation in accordance with Section 1.3.4. ~ 1.3.5.2 Claims, disputes and other matters in question between the parties that are 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 AlA Document 8141'" -1997 Part 1, Copyright @ 1917, 1926,1948, 1951,1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977, 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. 7 Unauthorized reprodUction or dislribution of this AlA" Document, or any portion of ii, may result In severe civil and criminal penalties, and will be prosecuted to the maximum elCtent possible under the law. This document was produced by AlA software at 14;21 ;28 on 04/05/2004 under Order No. 1000090489_1 Which expires on 1/3/05, and is not for resale. User Notes: (504522801) arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. ~ 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ~1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other mallller, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference tcithisAgreement and signed by the Owner, Architect, and any other person o,r entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or describedthereiil. The foregoing agreement to arbitrate and other agreements to arbitrate with an additionalperson orelltity duly consented to by parties to this Agreement shall be specifically enforceable in accordancewithappIicabklaw in any court having jurisdiction thereof. . -- ," - . , ., . . ~1.3;5:5The award'renderedby 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. .. -- - ",.- -'. ..... ..... ~1.......3...;..6.....CL.A...I.M .S FOR. :C. b. N...S. ..EQ.U....E.....N... TIAl DAMAGES .. ',. --. TheArchite'ctan&tfie~hJnerwaive consequential damages for claims, disputes or other matters in question arising out of otrell:itingtQthis AgJ,"eement. This mutual waiver is applicable, without limitation, to all consequential damages due to either p arty ?s termination in accordance with Section 1.3.8, . ,. , . . - . . - '--' . ~ . '- " -..- .. . . ..' .' o _. . . ..~1.. 3..!......MISCELL.AN......E...O.... U.......S........ '. PFl.O.. Y....I..SIONS . ~ 1.3:7;l1'l1i8 Agt~ri1entshallibe governed by the law of the principal place of business of the Architect, unless otherWiseprovid.ed' in$ecliol11 .4.2. . - ,-' . , . . . " . . '- - --.' . .. ....' -,'. ". .'.- ,'. .., , , . ~1.~.t2't'eITnsilltI11sAgreement shall have the same meaning as those in the edition of AlA Document A20I, General Conditions of the Contract for Construction, current as of the date of this Agreement. . . ~1.3.7.3 Causeso(actlon'betweentpe,'parties to this Agreement pertaining to acts or failures to act shall be deemed to have aCfrued and the applicap1es~ahites of limitations shall commence to run not later than either the date of SubstantiaIC0l11pl~4()nfor~ctsorfii.i1ures to' act occuning prior to Substantial Completion or the date of issuance of thefmalCertificaIeforPayment for acts or failures to act occurring after Substantial Completion. In no event shall such Statutes oflllilitations run any later than the date when the Architect's services are substantially cOl1lpleted> ~;f;3;7.4Tb the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights againstTaclrother and against the contractors, consultants, agents and employees of the other for damages, except suchrigntsas.th~y may have to the proceeds of such insurance as set forth in the edition of AlA Document A20 I, GeneraL.Conditions of the Contract for Construction, cun'ent as of the date of this Agreement. The Owner ortheArchitect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similarwaiver8in favor of the other parties enumerated herein. ~1'.3.7.5 Nothing contained in this AgJ,"eement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. ~t3:7;6Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibili(yforthe discovery, presence, handling, removal or disposal of or exposure of persons to hazardous matelialsortoxic substances in any form at the Project site. S 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of AlA Document 8141'''' -1997 Part 1. Copyright @ 1917, 1926,1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 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. 8 Unauthorized reproduction or distribution 011his AlA" Documen1, or any portion of ii, 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 14:21 :28 on 04/05/2004 under Order No,1000090489_1 which expires on 113/05, and is not for resale. User Notes: (504522801) the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. g'1;3.7.8If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 91.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Aweement and to the partners, successors, assigns and legal representatives oisuch other party witl1respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreemeritwithoutthe written consent of the other, except that the Owner may assign this Agreement to an institutionaLlender proyiding financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agteement. The Architect shall execute all consents reasonably required to facilitate such assignment. , , , 91.3.~TERMINATl6N'ORS~SPENSION 91.3:S:1Ifthe Owner fails to make payments to the Architect in accordance with this Agreement, such fail ure shall be considered suhstantiaFrionperformance and cause for termination or, at the Architect's option, cause for suspension ofIJerforlllaIlpeOf services under this Agreement. If the Architect elects to suspend services, prior to suspension'ofservices,tl1eArshitect shall give seven days' written notice to the Owner. In the event of a suspension ofservices,the ArchitectshalLhave no liability to the Owner for delay or damage caused the Owner because of such suspension of serv!ces.Beforfd'esuming services, the Architect shall be paid all sums due prior to suspension and a~y expenses incurred inthe'iriterruption and resumption of the Architect's services. The Architect's fees for the remaining services andthe,time schedules shall be equitably adjusted. , , , ~'1.S:8;2Jfthe PrOjec'tissuspdnded by the Owner for more than 30 consecutive days, the Architect shall be coI11penSated forseivises\peiformed prior to notice of such suspension. When the Project is resumed, the Architect shallbecompensatedf6I,expenses incurred in the inten'uption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. g1.3,S;3lf thel)rojectjsstJspendedort~eArchitect's services are suspended for more than 90 consecutive days, the Architectmaytetillinatethis Agreemeritby giving not less than seven days' written notice. , " - --. 91.3.a.4This)lgreem~ntmay B~t~ri1li.nated by either party upon not less than seven days' written notice should the other party fail sllbstatitiallyfo perform in accordance with the terms of this Agreement through no fault of the party iriitiating"the terrl1iriation. . . : . - - -' - ' . . - - . -. . . -,... - .. . ." , _ .',C ,',', .,'- '-. . - "'-. . - -. -. - - ". 9'1.31L5ThisA.greeIllent maybeieriillnated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 9 1.3,S.6 In theeverttof'tenniilation not the fault of the Architect, the Architect shall be compensated for services performed prior to terrniriation',together with Reimbursable Expenses then due and all Termination Expenses as defined inSectionJ.3.8.7. .' . .-'- . '. .. , . ',', ,'. . gl.3.8.7 Tenrnriati611Expenses are in addition to compensation for the services of the Agreement and include expenses directly'attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. It.3.9PAVMENTS TO THE ARCHITECT gL3.9;tPayments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly llponpresentation of the Architect's statement of services. No deductions shall be made from the Architect's compeilsatiOnon account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account ofthe cost of changes in the Work other than those for which the Architect has been adjudged to be liable. AlA Document B141TM -1997 Part1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977,1987 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. 9 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 poss ible under the law. This document was produced by AlA software at 14 :21 :28 on 04/05/2004 under Order No.1 000090489_1 which expires on 1/3/05, and is not for resale. User Notes: (504522801) S 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 eXpense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reirribLirsableexpenses as designated in Section 1.5.5; .8 ot!ietsirll.ilar direct Project-related expenditures. S 1.3;9;3 Records of:Reirribl1rsable Expenses, of expenses pertaining to a Change in Services, and of services perforrnedon thpbasisofhourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Qwner'sauthorizedrepresentative at mutually convenient times. . . ~f.3.9.4 DltectPersonnelExpense is defined as the direct salaries of the Architect's personnel engaged on the Projectartdthe]?ortionof.the'cost of their mandatory and customary contributions and benefits related thereto, such asemJlloyment:taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans'andsiruil#rcontributions. , . ,., '.. . . . ,', . ARJI9LE.t.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS S 1.4.1EI1ull1era"tiori ofPattsClfthe Agreement. This Agreement represents the entire and integrated agreement b~twe7ntheOw.rletaIldtheArchitect and supersedes all prior negotiations, representations or agreements, either writtel,1ororaLThisAgreement may be amended only by written instrument signed by both Owner and Architect. This Agreement compris~s:the documents listed below. . . 11.4.1.1 Staridarci.PonllofAgreemehtIl6tween Owner and Architect, AlA Document B 141-1997. .'- ; . .,-,',' :..:' S1.4.1.2Standa.rdFoiirt,of Archlte.ct'sServices: Design and Contract Administration, AIA Document BI41-1997, or as follows: ...... (List other: docuiHehts, if any;deli,!eating Architect's scope of services.) r N/A 1bU~3 Other documentsllsJ()Uows: (List other dOcuments,ijdnY'l()T:ming part of the Agreement.) N/A ~1.4.2 Sped:iITerrnsand Conditions. Special terms and conditions that modify this Agreement are as follows: N/A ARTICLEUCOMPENSATJON S1.5.fFortheArchitect's services as described under Article 1.4, compensation shall be computed as follows: Stipulat6dSurn of twenty-two thousand. fiftv dollars ($22.050.00) to be billed on a percentage of completion per billin g cyc1 e. AlA Document 8141 rM - 1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970. 1974, 1977, 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. 10 Unauthorized reproduction or distribution of this AIAG 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 14:21 :28 on 04/05/2004 under Order No.l0000904B9_1 which expires on 113/05. and is not for resale. User Notes: {504522B01) ~ 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) Principals', employees' and consultants' time will be charged at the current hourly rates for each individual. or as a lump sum for the chan!!e as negotiated. ~1;5.3 For a'Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One and one~tenth (1.10 ) times the amounts billed to the Architect for such services. ~1.5.4 For ReiinbursableExpenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as Reimbursable Expenses; the compensation shall be computed as a multiple of One and one-tenth ( 1.10 ) times the expenses ihcurred'by the Architect, and the Architect's employees and consultants. 91.5.5 Other Reimbursable Expenses, if any, are as follows: Reproductiori~loIie: distaiicephone calls. film and developing. renderings. public or private ae:ency fees, travel at 37.5ceIltsperin.ile~meaTsaridlodging and commercial travel will be billed at 1.10 times the expense incurred. ~:1l5;'6 Thenites andmllltipIesfor services of the Architect and the Architect's consultants as set forth in this Agreemenfshall he adjustedln accordance with their normal salary review practices. . ., . . d' '. _, _. .'. 11.5.7A.njniti~,pay~eritofZero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreemeritandistheniininmmpayment under this Agreement. It shall be credited to the Owner's account at final paymepcSilbsequentpa.yments for services shall be made monthly, and where applicable, shall be in proportion to servicesperl'ormedori the oasis set forth in this Agreement. Sl;Sl8Payments are due and payable Ten ( 1Q ) days from the date of the Architect's invoice. Amounts unpaid ,Thirty ( 30);da)'saft~rtheinvoicedateshall bear interest at the rate entered below, or in the absence thereof at the legal ratep'reva.ilingfrom tiIlletotime at the principal place of business of the Architect. (lnsertrate, of interestagreed upon.), I L50% monthly .. .' " ,'; '.'. ',....... .........'....'. .--.....'...'....'..' (Usury liiws and requirentents.undi/rtheFederal Truth in Lending Act, similar state and local consumer credit laws and dtherregulationsat tneOwner'sand Architect's principal places of business, the location of the Project and elsewhere may affectthe validity of this provision. Specific legal advice should be obtained with respect to deletions onnodijications, and also regarding requirements such as written disclosures or waivers.) ~ 1;5;9 If the servicescoyeredljythis Agreement have not been completed within Twelve ( 12) months of the date hereof, through no faultdf the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. This AgreemeIltenteredinto as of the day and year first written above. OWNER (Signature) (Printed name and title) AlA Document B141'" -1997 Part 1. Copyright @ 1917, 1926,1948,1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyrighl Law and Inlernational Treaties. 11 Unauthorized reproduction or distribution ofthis AlA" Document, or any porlion 01 it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extenl possible under lhe law. This document was produced by AlA software at 14:21 :28 on 04/05/2004 under Order No.1000090489_1 which expires on 1/3/05, and is not for resale. User Noles: (504522801) ,~~> AlA: Document 814 t™ - 1997 Part 2 Standard Form of Architect1s Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECTADMINJSTRATION SERVICES 2.2 ..... ,. '.-- .-.- -. '. . SUPPORTINGSER\lICES This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 2.3 . . EVALUATION AND pLANNING SERVICES DESIGN SERVICES 2:4 2.5 CONSTRUCTION'PROCUREMENT SERVICES 2:6 CONTRACT ADMINISTRATION SERVICES 2.7< FACltlTYOPE'RATION,SERVICES ",.,',' , Co '. . , -' , . .. .. -'- . ",_.. , ,,'_. . - . , - ' . .', .- -' .. .. .. .: :.:_ ._' - :'_: ,:: : ., _.,..-,':' ., ,;...:. -n" ~<___:: 2.8" SCHEOOLEOFSERVlcES ....,. __'n"__ -.,' '. 2;9 MODIFICATloNSr . -- ,. AR'TH::4E2.1.',P~OJEpTAIJMINISTRATI?N SERVICES g2A~1 Th~Architects.hall'manage.theAfchitect's services and administer the Project. The Architectshallconsult with th~{)""ner,research applicable design criteria, attend Project meetings, communicate with memb~I~S of the Project team and issue progress reports. The Ar~hitecfshalIcoot1iriakthe services provided by the Architect and the Architect's consultants withthdse services,pr()viqed by the Owner and the Owner's consultants. ~ 2.1.2. 92.1.3 TheAfchW~ctshall consider the value of alternative materials, building systems and equipment, togeihetwith other considerations based on program, budget and aesthetics in developingthe design for the Project. 9 2.1AUpol1 request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. g2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. AlA Document B141"" -1997 Part 2. Copyright @ 1917, 1926,1948, 1951, 1953, 1958, 1961,1963, 1966, 1967, 1970, 1974, 1977, 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. 1 Unaulhorized reproduction or distribulion of this AIA0 Document, or any portion of ii, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent poss ible under the law. This document was produced by AlA software at 14:31 :27 on 04/05[2004 under Order No.1 000090489_1 Which expires on 1/3[05, and is not lor resale. User Notes; (1100657128) 9 2.1.6 The :\rchitect shall assist the OWE-er in conncetion '.'.'ith the O,,'mer's responsibility for fiIiag documents required for the approval of go';ernmcnta] autHorities haYing jl:lrisdictioR oyer the Project ~ 2.1.6. g 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK S 2.1.7,1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. .A,s the design process progresses through the end of the preparation of the ConstructioR Do <Juments, the .^ .Ichnect shall update and refine the prelimiHary estimate of tHe Cost ofthe Work. The .\rchitect shilll advise the Owner or any adjustments to previous estimates of the Cost afthe ",fork indicated by changes in Project r-equircmentsorgoneral marl:ct conditioF!s. If at any time the .A.rehitect's estimate of the Cost afthe WDrk exceeds thcOwncr'sb~dgct, the l\rchiteGt snaIl make appropriate recDffiffieRdations to the Owner tD adjust the Project's size, qllaHtyorbudget, and the OWBer shall cOGperate with the .A.rchitect in maldF!; such ad justmonts.technioues;.. g2.1. 7.2EValuatidns'of theOWiler's budget for the Project, the preliminary estimate of the Cost of the Work aHd Updated cstlmatesof'theCdst of tHe Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has coritrdloverthecostof labor, materials or equipment, over the Contractor's methods of determining bid prices, Dr ovefCdmpetltivebidding, market or negotiating conditions. Accordingly, the Architect cannot and does riotwarranforrepresel1ttha~bidsor negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the<Cost of theW ark or evaluation prepared or agreed to by the Architect. S2.1.?~TR pr~aringesti1]'l#es oithe Cost Dftho Work, tHe Architect SHall be pcootted to include cORtiBgencies fdrdesign,biddiFlgandpricecscaJa.tioFl; to determine '.'.'hat materials, equipment, sompOFlent systems and types of constructioRaretobeiRcl~de,diil the Contract Docl:lIFumts; to make reasonable adjastmeIlts ill the SCDpe Df the ProjeGtancitoinchideiIlth~<=olltract Documents alternate bids as may be necessary tD adjl:lst the estimated Cost of thcWodcJo'meetth?Cj'.vnc:r's badget [Dr tHe CDst of the Work. If an increase in the Contract Sl:lm occl:lrrin;; after ~j(ccutid~of th6CdfitricfhetweoH the O'l::ner and the COBtractor causes the budget for the Cost of the Work to be oxee~ded~,thatbud6etshalIhe iRcreused accordingly. ~'2.1.7.3. g2.1.7:1'lfl:Jiddih~.Of,R~got~t!tioFilirisnDt commenced ",:ithin 90 days after the f,r.chitect submits the COFlstruction DOCllmeRtstolteQ',':aer, iliebudgBt fDr the Cost of tHe Work shall be adjHsted to reflect chaRges in the genoral levelofpricesifl'tne constrHGtioRi!1#ustry. &;2,1.1;4~ 92.1.1.5 If the budgerf-cirth9c:ost of the '\1/ or!: is exceeded by the lowest bORa fide bid or negotiated proposal, the O',','B~r shalE . ~2:1.7;5. .lg-i\'6writteFl appro'ia] of aR increase in the bud;et for the Cost oftne Work; .2 autnDi'iierebiddiF!g or renegotiatiFlg of the Project within a reasonable time; .3 terminate in aceDrdancc '''lith SectiOFl 1.3.&.5; or .4 cooperate in re'iisin,; the Proj ect scope and quality as required to reduce the Cost of tHe VI' ark. S2.t.7.6IftheO'.nlOr chooses tD proceed uRder Section 2.1.7.5.1, the .\rehite"t, without additional compensation, shaJlmodif)'tf.iedoGl:lments for ',vhich the .\rchiteet is reSponsible UfIder this .A.greement as nccessary to eomply 'I.itk thebud;;etfor the Cost of the '\V ork THe modification of SHCR GOCHffients shall be the limit Df the .^..rchitect's respoRsibilit)' under this SeotiDn 2.1.7. The .^.rchitcct shan be entitled to GompellsatioR iF! accordance ',yith tRis .^.greement for all services pelformcd ,,:bether or Hot cDnstructiDH is commenced. 92.1.7.6. AlA Document B141T" -1997 Part 2. Copyright ~ 1917. 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is prolected by U.s, Copyright Law and International Treaties. 2 Unauthoriz.ed reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civll and criminal penallies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:31 :27 on 04f05/2004 under Order No.1000090489_' which expires on 1/3/05, and is not for resale. User Notes: (1100657126) ARTICLE 2.2 SUPPORTING SERVICES ~ 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner ortheOwner's consultants and contractors. ~2.2,1.1 The GwHer-Architect shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. g2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project; and a written legal description of the site. The surveys and legal information shall include, as applicable, grades arid lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way,restrictiOns, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensionsurtdnecessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and plivate, above and below grade, indudinginverts and depths; All the information on the survey shall be referenced to a Project benchmark. . . S'2;2,1:3Th6'Ownersh~1kiUriiish services of geotechnical engineers which may include but are not limited to test borirrgs;test pits,defenninations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosiontestsandresis(iYitytests, including necessary operations for anticipating subsoil conditions, with reports andappropriaterecomnleridations. ARTICLE2.3E:V Al.UATI6N ANDiPLANNING SERVICES '12.3;1 TfleArchitectsllallprovide a preliminary evaluation of the information furnished by the Owner under this Agreement, inc]udirigili.e.CJwner's program and schedl.'I1e reqairements and bud;;et for the Cost of the Work, each ., . iHtermsof thdpther,.11l'ograrri.: The Architect shall review such information to ascertain that it is consistent with the iequiieIllepts oft~eJ:>hjjebtan4shall notify the Owner of any other information or consultant services that may be reas.on~blyrieeQe(rf6Ithe.PIoject. , . .-, , . . '. . g2.3.2The,Archit(':cfsl1altprovide a preliminary evaluation of the Owner's site for the Project based on the iIlformatio.ripr<j"idedbythe Owner of site conditions, and the Owner's program, sE!Hedule and budget for the Cost f. fl~~rl o t e.. or ~.program. .' ' " . .. ~2;:{3The Arcllite.~fsh~WreYie'l,.th~()Wher's proposed method of eontractiR;; fDr cORstnlCtion servioes and shall n?tifrthc()'l':Fler()f~ntioipated.iir1p~qstMt such metHod may have OR the G'Nner's program, finaBcial and time ieql:lirements,ariaJhe.scope ofthbPi6jcct. . . . . ~2;~:3; . - '-. ,... ,'. .-- '-'._. .4RTICI.:E2i4.,DESIGN>SERVICESi:. .......... .1..:." '~'2.,4.1 ThbAr~hitect;kdesigns~rvices shall include normal structural, mecJ:JaFlical and electrical engineering sen'ices. archi tecturaFservicesonly. .- ... " .-: ,'-.-", . '- . -' . - - ., - '. . - '--. -. .",.,.," . -' - ' . - . ~ 2;{2 SCHEMATIC bESIGN118pOMENTS ~ 2,4.;2.tThe.A.ich,itect shall 'provide Schematic Design Documents based on the mutually agreed-upon program, schedule,iuld15uqgerfor the Cost of the Work. The documents shall establish the conceptual design of the Project il1ustratingthesca1e.and relationship of the Project components. The Schematic Design Documents shall include a conceptual siteplill:l'ifilppropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations.ofthese media. Preliminary selections of major building systems and construction materials shall be nbtedon the qrawings or described in writing. ~2.t3.oE~IGt>rpEVELOPMENT DOCUMENTS ~.2A.3,1The:\.rchitect shaU provide Design Development Documents based on the approved Schematic Design Documents aRd tlpdatcd budget for the Cost of thE! Work. The Design DevelopmeRt Documents shall illHstrate aB8 describe the refiJ'lemeFlt of the design oUhe Project, establishing the scope, relationships, forms, size aad appearance of the Projeot by meaes of plaFls, seetions aad eleYatioFls, typical construction details, and equipment AlA Document B141'JM -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA"" Document is protec1ed by U.S. Copyright Law and International Trealies. 3 Unauthorized reproduction or distribulion 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 14:31:27 on 04/05/2004 under Order No.1 000090489_1 which expires on 1/3/05, and is not for resale. User Notes: (1100657128) layouts. The Desi;;n De'lelopment Documents shall include specifioations that ideI'ltify major materials and systems and establish in genera] tAeir quality IC'lels. 92.4.4 CONSTRUCTION DOCUMENTS 92.4.4.1 The .^.rdritect SRan provide Constnlction Docl:lments based OR the approved Design Development DocllmeFlts and updated budget for the Cost of the Work The Constrm;tioR Documents shall set f{)rth in detail the requirements for constrm::tioR of the Project. The CORstructioH Documents shall include Dra'.vings and Specifications that establish in detail the quality levels of materials and S)'stBffis required for the Project. 92.4.4.2 During the do'/clorment of the Construction Documents, the f.rchitect shaH assist the Owner iR the dc'/elopment and preparatioH of: (1) bidding and procuremeat information which describes the time, plaee and conditions ofbidding;aiddiR;; or proposal forms; aHa the form of ilf7eement bBtween the Owner ana tae CoHtractor; arid (2) tneCanditions of the Contract for Ccm.struction (GBneral, Supplementary and other COl'lditioRs). The :\rchitectalso shGclloompile the Project Manual that includes the Conditions of the Contract for ConstractioR andSpecificlitioFlsandmayirtclacle 13iddin,; requiremeBts am! sample forms. ARTIClE2.aCONSTRUCTIONPROCUREMiNT SERVICES ~2.5.tTtie l~rchitectshallassist the Owner iB obtaining either competitive bids or ne,;otiated proposals and shall assistthcO\':l3"'Jr in awa-rdingancl preparing 00Btracts for COI'lstnrction. 92~li:2Thel;rdlitectjliattassisftRe O..vner in cstablishing a list ofprospectivc bidders or contraetors. ~2.5.3 The /~rchitectsHallassi8nhe Owner iF! bid ':alidation or proposal evalHation and deterrn:iBatioE. of the successfulbidorpi:()posal;j~any. If requested by the O'NFler, the Architect shall notify all prospective bidders or . contractors of the bicrof]:!fOposal results. .32:5;{CPMPETITivEalbpING... 9 2:5.4:flijddiIi.g D.()cumpntssHall Bonsist of bidding requircmeFlts, proposed contract forms, General Conditions afldStlpplemeH:taryConditions, Specifications and Dra'::in,;s. l2.5.1.2 ~requested b.rtheOvmer, the l\.rchitect sha-ll arrange for procurin,; the reprodaction of Bidding 'Documents fordistri~uti6nto prosp~ctiyo bidders. The O'.'.'fler shall pay directly for the cost of reproduction or shall reimbursciho /.rcmtect for such expenses. 92.5.4::QfreQllestedbytheO\\'ilcr,the :\rchitsct shall distribute the Biddin; Documents to prospecti'ie bidders aJ'ld reql:/est theirrcturRupoH completion Df the biddiBg process. The :\rchitect shall mail'ltaia a log of distribution atld retrie~,'al;andtfleamounts ofdeposits;jf any, received from and retume€! to prospecti'l.c bidders. . .- '. -- . - - " - :. '-.: -",.: ,::-~ ."::, <...':.:-' ;':. ,. - . n-, : :_,.:_ __ : . '__,~'" -,_ __ _ _ .. ' _ ,._,' __ __ _ _' :C',: -::" '_, . g2.5.4ATae;^.i"dlitectsRa:U G0l1sic!efrequests for sHhstitutions, ifperrnitted by the Bidding Documents, and shall . prepare al1ddistribllteaddenda identifying approved substitutions to aU prospective bidders. 3 2.5.4.5 Thel\rchitectGlrall.p~~ipatc in or, at the Owner's direction, shall organize and conclact a pre bid collference f{)r prospectiw.hidders. 92.5.1.9 T!:le.^:rchitect shall prepare responses to questioRs from prospeetive bidders al'ld provide clarifications afJ.d mterprctationsof tlioBidding Documents to aU prospcGtlye bidders iF! the form of addenda. 92.5.4.7 The .^.rchitect shall participate in or, at the Owner's direction, shall organize and conduct the openiRg of the bids. TRe f.Fchitect shall sabsequsntly docament and distribHte the biddiFlg rasaUs, as directea by the Owner. g'2;5.5NEGOTIATED PROPOSALS 9 2.5.5.1 Proposal Documents shall consist of proposal roqwremeH:ts, proposed contract forms, Genera! COFlditions andSl:lpplementary Conditions, Specifications and Dra'Nin,;s. 9 2.5.5.2 If requested by the Owner, the .^...rohitect shall arrange for procurin,; the reproduction of Proposal Docl:lmeFlts for distribution to prospective contractors. The Owner shall pay directly for the cost of reprodaetion or shall reimburse the :\rchitect for such eXf\enses. AlA Document B141 TM -1997 ParI 2. Copyright @ 1917. 1926, 1948. 1951, 1953, 1958, 1961, 1963. 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architecfs. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and Internalional Treaties. 4 Unauthorized reproduction or distribution of this AIA{O 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 14:31 :27 on 0410512004 under Order No.1000090489_1 which expires on 1/3/05. and is not for resale. User Notes: (1100657128) ~ 2.5.5.3 If requested by the Owner, the .^,rchitect shall organize and participate in selection interviews with prospecti 'fe co ntracto FS. ~ 2.5~5A The .^.rchitect sha1l considBr requests for substitutions, if permitted by the Proposal Documents, aHd shall prepare and distribute addenda identifying appro'ied substitutions to all prospectiye coRtractors. ~2.5.5.5 Ifrequested by tae Ownor, the f.rchitect shall assist the OW-Her duriHg negotiations viith prospecti'ie CORtractorG. The .\rchiteot shall subseqaently prepare a summary rep01t of the negotiatioR results, as dirceteEl by tho .~ ARTICLE 2Ji CONTRJ\Ct.~DMINISTRATION SERVICES ~2.6.1 GENERAL ADMINISTRATION '.~. 2.6.1.1 ThefXchitectshan pro'o'ide admiaistration of the Contract between the O'.vner and the COHtractor as set fortH be]oviand iBthe'edltioFlof .^Jf. Document .^.201, General Conditions of the Contract for Construction, cUnBntasofthedate0fthisf~greement. Modifications made to the General Conditions, when adopted as part ofthe ContractDOcRmems,shallp'irenforceable aRder this f.greement only to the extent that they are consistont with this AgreEii.Iie.nt or appiovediH;,.,.dHng by the .^.rchitect. ~2.6;1.2The ~'\rchttect'Gresponsibility to proYide the Contract f.dmiaistration Son'ices under this .\greement co~eflces.,yitR thea\'\'a:nloftl1e initial Contract f-or ConstructioR aad'temHRates at the issaance to the Owner of t~e. finalc:eitificateJ6rN,)'-ll'ienLHowever, the .^.rcaitect shall be eFltitled to a Change iF! Son'ices in accordance withSetfion 2.g,2yihen c:oBtiact .^.drninistration Services extend 60 days after the date of Substantial Completioa orrha V/od::, . ~2.6:1;:fThe :\.rohitecfshallbea representatiye of aad shall adyise aad eonsHlt '....ith the O'.vner (hIring the provision of theContiactAdinirnGtratio~Ser...ices. The Architect shall have authority to act on behalf of tae O\Vner only to theextent,pIovirlttliRthis#greemm'lt unless otherwise modified by written amendment. . -'_. .'..', . . ,. - .- - ',. .-.' , . - . '. . '.' :,', --.' '. ~2:G;1:1'I)Uties, resporlsibiJities GRd limita.fioFls of aRthont)' of the .^.:rchitect REder this .^.rticle 2.6 shall not be restricted; lnodified or .extended .....itboat writteH a;;reement of the Owner and Architect '",.ith consent of the Contractor, ',>,'hichcoFlsetlfwill Hot bl,)llnreasoF!ably withheld. , ',",. , .',:-. .-.' ',.., .:',' .':- -:> ;-,_:":--:..-,--,'.. .",'.. .':-Y-..,'."::,'--.:, . -'- - - -. . .. . . '- , .. ., ..."..... . ~).6.1:~T~e.ychite8tshall revie\','-ptbperly prej3m.cd, timaly requests by the Contractor for additioaal information abol:lftheContrac:rDocl:lments;;\ ptoperly prepared request for additional informatioR about the Contract DocLIRleHti;shallbeiaafdfl1'l prepared Dr approyed by the Architect and shall iFlclude a detaUed written statement taatiRdic~tlJs the specific Pra.7,'i);l~sqr.Specifications in Heed of clarification aEd the Emure of tae elarification requested: . ....... . . .-, -" "- ". . .,,;" ., .. . - -. . .' . '.. " . , ,'- -.".. ." .-. ,_, . . '. C'-.'_,," J:tli.1.Gtfdeellled aPpropriateb)'the :\rchitect, the .^.rchitect shall on the O'Nner's behalf prepare, reproduce and di'stlibute supplementialpra\'''ings and Spadfications in rcspoHs8 to HlEjRests for information by ilie Contractor. . .. ~ 2.€L1.7 The Archite.crshallikte$fat aad decide mmtem concernin~ performanoe of the O'NRer and Coatractor ander, an~ieqlliretnentG o:f,the Contract Documents on 'mitten request of either the Owner or Contractor. The ;'\..rchitect'srespbri~eto such reqaests shall be made iR .,yritiFlf; within any time limits agreed RpOFl or otheno'ise with reasonableprqmptncss. ~ 2.6.1.8 IntcrpretatioRs and decisions of the i\rcaitcct shall be consistent with the inteRt of and reasonably inferable from the Contract Doouments and shan be ia writing or ia the form of dra'Niags. '\Vhen rnakiag such iF!terpretations aadiilitialdetisioRs, the f.rchitcct shan andeayor to secure faithful penormaace by both OWRer aad Contractor, shailnotsh6;",.paruality to either, and shan not be liEtble [Dr tae results of interpretations Dr decisiOBS 50 rendered in gooElJaith~ ~ 2.6.1.11 The .^.rchitect shall render initial aecisions on claims, Elisputes or other matters iFl question betweeR the Ownar and COHtractor as provided in tae Contract DocRmeats. However, the ,^d'chitect's decisions on matters relating to aesthetic effeEJt shan be final if consistent 'lo'ith the intent expressed in the Contract Domments. AlA Document 8141 ™ -1997 Part 2. Copyright il:J 1917, 1926, 1948, 1951, 1953, 1958, 196t, t963, 1966, 1967, 1970, t974, 1977, 1987 and 1997 by The American Instltute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S, Copyright Law and International Treaties, 5 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 14:31 :27 on 04/05/2004 under Order No.10ao090489_t which expires on 1/3/05, and is not for resale. User Notes: (1100657128) ~ 2.11.2 EV ALU.^,TIONS OF THE 'NORK 3 2.11,2.1 The Architect, as a represefltative ohhe Owner, shan visit the sito at mten-als appropriate to the sta.;e of the COl'ltractor's operations, or as otherwise ageed by the OWRerand the }.rchitcct iR .\...--ucle 2.8, (1) to beeome generally familiar '",ith aRd to keep the Owner informell about the probTess and quality of the portion of the 1Nork completed, C') to endeayor to gl:lard the O'.vner agaiFlst defects and deficiencies in the Work, and (3) to determine in generalif tae Worl~ is beiRg perlormed iR a manRer indicating that the Worl~, wheR f<llly completed, 'sill be in accordance with thc Contract DocumeFlts. HO'.'!ever, the .-\.rehiteet shaH Rot be required to make exhaustive or contiRUOl:lS OR site iRspections to check the qRetlity or ql:laRtity oftRe 'Norl~. The .A.rehitect shall neither haye eontrol over or charge of, nor be responsible for, the eonstrlll;:tioB means, methods, techniq<les, sequences or procodmes, or for safety precaHtions ani:lprograms ia connection with the V.,rorl~, siFwe these are solely the COFltractOf's ri.;hts afld responsibilities under the CORtract DOCl,lments. l2:11.2.2 The Ardrutect shall report to the Owner hown deyiations from the Contract Documerlts and from the most reoent CORstrUdtioH sc:l:1edlilesl:lbrnitted by the Contractor. Ho'},'sver, tHe .A.rehitect shall not be responsible for the Contractor's faIluretopeiform tho 'Vorl;: iR aCeOrdi."lHCe with the rei:[uirements of the CORtract DoeHmeBts. The .'\,rchitectsha.llbereiYpoB.si~r0for the .^..rchitcct's ne.;li.;ent acts or omissions, but shall F10t have control over Of char;;ci of and shaU Bb(b,cresfloFlsible for acts or onllssioRS of the Contractor, SHbcontractors, or their agents or erFlplciyees,or ofanyotber pel'SOFlS Of entities porlolTIlin,; p0l1ions of the 1Nork. 3 2.11.2.:fThe ArGflitectshaJLat all times have access to the \Vor1~ wholC'Ier it is in preparation or progress. ~2.11.2AE~CQPt aSdt~erwiseprovided in this Agreoment or when direet comm:uaJcatioFlS ha'le been specially authorized;tfie ,Owner shaltendeayor to comnmnicate ',vith the Col'!traetor throu,;h the .^.rchitect about matters ansingout'cifo('ie1iitin,;tcitfieContract DocRments. Communications by and wit}] the .^uchitec!'s eORstlltants shetH be tfn:ol.l.;h taeArchiteCt c. .. ~ 2.11.2.5,'I'he /.rchif~ct sb~r,haYe aHthority to reject 'Vork that does not conform to the Contract Documents. Whenqterthe }\:reRitecrconsiders it Flecessary or advisa13le, tHe .^uchitect '....ill have a,uthority to require iFlGpection or testing 'of the \X.'(,}rkiElficcordaBce '.vith the previsioRs of the CORtract DOCl,lments, whether or not sHch Work is fa.biita:t~d,jHsta:lle~~Ol'ebiElpleted. However, neither this authority of the .^uchitect llor a deeisioFl made in good 'faiih7~ther toe)[mise,ptHqtto exercise sUCH al:lthority shall give rise to a duty or responsibility of the Architect to 'the'Coritractor,Sa~eoRti.actors, mat8i:ililand equipmeRt suppliers, thoir ageRts or employees or other persolls or entities peif.oinUfigporfi6ris of thcWoi'k 32,9.3CERtIFlC.^.IIO,NOF PA YK~ENtsTo CONTR/\CTOR ~2;6,3.1 Tlii!}ychitectSballrBvie'.vand certify the amQUFlts due the Contractor and shall issue Cei1ificates f.or PayrricFlt illsucH airiouRtS. l;I1CNcaitect's certificatiol'l fOf paymeHt shall cOllstitRte a representatioFl to the O'Niler, .basedORtl1e~\1xhitect's e?~1~~ti()D.9~tJ:ie Worl~ as provides in Section ::!.6.2 aRd OR the data COrnpriSiFl'; the CqFltiact()(s;^..pplica.tion f.Qr~~):~,eHt;that the Work has pro;resseEl to the poiFlt iFldicated aRd that, to the best of 'the.A,rchitect's kHo'Nledg~, information aFld belief, the quality of the Work is iR aCl')ordance 'Nita the Contract Documents: The for~MingFeprcscntations are subjoet (1) to an evaluation of the V/orl~ for conf{)fmance 'llith the Contract Dociimeritslmp*~116~taIl:tial CompletioFl, (2) to fesHlts of sl:lbsequent tests aml iFlspections, (3) to correctiOR of miRor dc','iations'rrom the Contract DocHmeRts prior to completion, aRd (1) to specific qualifications expressell' by tne.\rchitect. 32.9.3.2 TlleissuaUGeof a Certificate for PaymeRt shall Flat be a representation that the .^.rchitect has (1) made exhaustive Of GOntiRu6us OR site illspectioFls to cheek the quality or quantity of the Work, (2) reviewed cORstruction means, methods, techniques, sequellces or procedures, (3) re'.'ie'o'/8d eopies of feqHisitions received from Subcontractors and material suppliers and other data requested by the O'.'.'T-ler to sHbstantiate the Col'!tractor's ri,;ht toparmeRt, 01"(4) ascertained how or for what purpose the Contractor has used mOFley pre'liol:1sly paid 011 aCCOl:lnt .of theCoRtrElCfSurn. ~'2Ja.3The Notiitect shall maiatain a record of the Contractor's .^Applic:aticms for Payment. 3 2.6.4 SUBMITT.^.LS 3 2.11.4.1 The .^.rchitGet shall reyiew and approve or take other ap.propriate aetioR upon the Contractor's submittals such as Shop Drawin.;s, Pr.oduct Data and Samples, but only for the limited purpose of checkiag for conformanoe AlA Oocument 8141"1-1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 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. 6 Unauthorized reproduction or distribution of this AIA<< 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 a114:31 :27 on 04/05/2004 under Order No.1000090489_1 which expires on 1/3/05, and is nol lor resale. User Notes: (1100657128) with informatioa given and the desig-n concept expressed in the Contract DocumeBts. The .^,rG:hitect's action shall be taken with such reasonable promptness as to cause no delay iF! the WorI~ oria the activities of the O'.vner, Contractor or separate contractors, while al1owiag- s1:lfficient time iE. the l\rchitcct's professional jadgmcl3.t to permit adequate reviev:. Review of StICh submittals is not G:oRducted for the purpose of determining the aG:cllfaG:Y and complcteIH~ss of other details such as dimcRsions and ql:lllfltities, or for substantiating iBstrl:lctions for iastallation or performance of equipment or systems, all of '.mict femaiE. the respc3llsibilitj' of the COHtractor as req1:1ired by the CoHtract Docaments. The .^.rchitect's review shall not constitute approval of sa-fety precautions or, unless other...:ise specifically stated by the f.rG:hHect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval ofa specific item shaH not indicate approval of an assembly of which the item is a component. ~ 2.43. g2.li.4.2 Tbe;^.rchitl3d shall maintain a record of submittals and copies of submittals sl:lpplied by the OJRtractor iR accordance with therequitements of the Contract Documents. g2.li,UIfprofessiCiha-tdesigRservices or certifieations by a design professioFlal related to systems, materials or eqiJipineHt are speeificallr Teqliimd of the COFltractor by tRe Contract Documents, the :\rchitcct shall speeify appropriatE!perfonnaiw~anddesign criteria that s11ch seryiccs ffiHSt satisfy. Shop Drawin~s and other submittals related to the Vlork designed or G:ertified by the desi~n professional retained br the Contractor shall bear such professional's v:rittel3. approvalwhcR submitted to the .\rchitect. The .\rchitect shall be entitled to rely Hpon the adeguacy, accaracy andccimpleteness of the ser'liE:es, certificatiOHS or approyals performed by such design professionaIS: ' p , , ' . ',' '" .'-', , " . . . -. .," . . .. c '.., '. . g.2.li.SCHXN~,,~S.lNtHg'WORK ~2.e.;!i:tThe }\IchitcG:t~haJlpreparo Cban~e Orders and ConstnlGtion Change Directives for the Owner's appro'/al andexcc1:ltioRIH aooordailce'o1.th the CoatraElt Documel'lts. The .\rchitc6t may aathorize minor changes in the Work notinvol':ing aRadjustmeptinCoRtract St-lm or an exteBsioR of the Comract Time 'Nhich are oOHsisteHt ...:ith the iRtentofthe, Contract I)()C:;llm~Bts. If necessary, the .\rchiteet shall prepare, reprodyce and distrib1:lte DrawiRgs and Specifications to describeVltork to be added, deleted or modified, as provided in SCG:tiOl'l 2.8.2. ..- . g2.6.5.2The:\rc~tectsh~llT€Yiew properly prepared, timely requests by the Owner or COfltractor for changes in thcWoi"1;:, incl~~iHgadj~stm:E!nts ta,th~SoRtract Sum or ContraG:t Time. .^. properly prepared request for a change in tneWork shaI1be aGCeJrnpan:iedbysaf'fic:;icat supporting data and informatioR to perIRit the .\rehiteet to mal~e a reasonalJle~et~nniaation '.yitboil!extel3.s1ye investigation or preparation of additiOBal drawings or spedficatiofls. If thef~1"chitcc:;t ~eierrHifles.that reqiieSted G:han;;es in the VI' ark are Rot materially differeFlt from the requirements of tlie ContractpclCumerits, thB':^..r~hitect may issue an order for a miaor chaR;;e 111 the '.Vork orrecomrneRd to the O''';'Redhat the're~uested changclJ'edenied, 12.G.t2Tfthc~\rchitect dOteifuih6sthat implemeRtation of the requeste", changes would result in a material change tome Coatract that mal'cause aB adju:stment iE. the Contract Time or Contract gum, the Architect shall make a reeommendat~on totfc(}..vIleX.,who may ablthorizo fmther investigatioF! .of stIch change. Upon SUG:h authorization, and based upon infol'm<liioBf@l~~hcd by the CORtractor, if aay, the .\rchiteot shall estimate the adElitional oost and time.that mi;;bt resultfrOmsacl=L,enangc, iBelt/din;; any additional costs attributable to a ChaRge iR Services of the Architect.'Nitlrthe a',mer's appro\'al, the .\rG:hitect shaH iHcorporate those estimates iato a ChaRcie Order or other 'appropriatedoclime,ntation for the D'Nner's eX6CHuon or F1egotiatioFl with the Contractor. ~2:li.5,4 The.\rchitecfshall maintain records relative to changes in the '''ark, g2.G.li PROJECT COMPLETION S2.6.G.1Tne.^.rchitect shall cORdHct impactions to detennine the date or datos of Substantial Completion and the ",ilteoffina.lCompletioR, shall recei','e from the Contractor and forward t.o the O'.YRer, for the OWRer's review and recofds,'.\'fittcnwarraRties and related documents required by the ContraGt Documents and assembled by the Cailtradoi;and sl3a-ll issue a fiRi'l1 Certificate far Payment based upan a final inspectioa iFldicating the Wark camplies with the rcquiremeRts of the COl3.tract Documents. AlA Document B141TId -1997 Part 2. Copyrighl @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright law and JnternationafTreaties. 7 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 exle nt possible under the law. This document was produced by AlA software at 14:31 :27 on 04/05/2004 under Order No.1000090469_1 which expires on 113/05, and is not for resale, User Notes: (1100657126) ~ 2.fUi.2 The Architect's iaspection shall be conducteEl 'Nith the Owner's Desi,;nated RGj'Jresentative to check conformanee of the Work with the requiremeRts ofthe Contract Docu.ments aFld to "lenfy the accuracyaBd completeRess of the list submitted by the Contractor onVork to be completed or eon'ected. ~ 2.6.IL~ When the Work is found to be substantially complete, the .'\rchitect shall iFlform the Owner abo1:1t the balance of the Contract Sum remaini1'1g- to be paid the Contractor, ind1:1dia,; any amOl:lnts needed to pay for final completion or GorrectiOB of tho \1,7 ark g 2.e.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) conseat of surety or safeties, if any, to redactioR in or partial release of retaiaage or the malaa; oHisa! paymeat and (2) affida,'its, receipts, releases aFldwaivers dfliens or bonds iFldemnifyin; the O'.'/iler ag-uinst liens. ARTICLE: 2;TFAClnrYoPERATION SERVICES lV.1 The/\rchitectshaIl meet ',yith the Owner or the O'....ner's Designated Represeati1tive promptly aiter 8oostantialCompletidfitd rC'I'1eW the aeed for facility operatio1'1 sen'ices. g2.7.2Upon reqEest'oftheOWncr, Glfld prior to the expiratioR of one year from the date of SHbstantial Completio1'1, the .^~n:hitect shall conducfallleeti1'1; 'Nith the Owner and the O'.vner's Designated Representative to review the facilityapBratlonsaRdpl:1if.orinance and to make appropriate recommendations to the Owaer. .^,RTIClE 2JrSCHEDUL.EOF.~ ERVICES l2~8.1'Desi;aafldC?ritracL~~'~ri:iinistration Services beyond tae follO'.."ing limits sha-ll be pro'lided by the .^.rchitect asaChan;ein gE!r\"icesin~qcdtdance '.>lith Sectio1'1 1.3.3: .t. up to ' ('),re'ilews of eaoh Shop DrawiRE;, Produot Data item, sample aad similar submittal af the Contractor. .. ;2 up to C) visits to the site by the Architect OYer the dEration of the Project duria; COFlstruction. .3' ~pto . . . (. ),i~sPections for any portion of the ~.v ark to determine 'Nhether such POrtiOR of the V'lork isslibst~tiiill).complete in a",cordance '.yith the requiremeBJs of the Contract Documents. .4 .. up toq C.Yinspections for aRY portioa oftbe W0tk to determine fiFlal completioa, . f2.8.2Thc f<lUoy,'ing8esi,;n.and CORtract Administration Scr..ices shall be provided by the .^.rchitect as a Change ia Ser/ioes inacoordan.c~'1.'1th Se~tio.nl.3.3: .1. . re','iG'~;()faCofltl'actor'5.s1:ilimitta-l out of sequeflce from the sHbEfl:ittal schedule agreed to by tllO .. .~.r~hit()Ct;/i, .21'l!?Po~s~s.toFheCdriiractor's requests f{)r information ,-,..here 5I:lOfl iRformatio1'1 is available to the . CbIl.tn:lctdr from a carefal study aHd compmison of the Contra",t Documents, field oonditionG, other Owner Pl'OYic!8~iB.fol:111~tioa, Contractor prepared coordination drawings, or prior Project . corresPo.ndenseo,~d9.cumentatioFl; .:t .'.ClmngeOrdersufldCcmstruction Change DirectiYes reqairine; evaluatioR of proposals, hlCIlldin; the preparation or re"lisio1'l of Instruments of Service; .4 .proYiclirig.c~.RsultatioH concernil'lg replacement o['\'.'orl< resEltiFlg from fire or other caRse daring cOfl&i7listlOIl;> .S evalllati9udf'a.aexiensiy.c Humber of claims submitted b:,' the 0'-'..118r'5 consultaFlts, the Contractor or ()t~ers in connectio1'1 'NUh the ~:v ork; .Ii .evalpatio1'1 of substitutions proposed by the O',vner's consultants or contractors and making 'stiBse.CiuoRt reYisiOflS to IRstruments of Sen'ice resultiR; therefrom; .7 . prepanitioR of design aad docuffi0Rtation for alternate bid or proposa:l requests proposed by the Owner; or .8 . Coatrnct f.dministratioR Services prD'.'ided 60 days after the date of Substantial COl'l.'.lflletion of the Weffi,. g2.8.3TheArchitect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service Description (Architect, Owner or Not Provided) AlA Document B141....-1997 ParI 2. Copyright @t917, 1926, 1948, t951, 1953, 1958, 1961, 1963, 1966, 1967,1970,1974,1977,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This A1A~ Document is protected by U.S. Copyright Law and International Treaties. 8 Unauthori~ed reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penal1ies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:31 :27 on 04/05/2004 under Order No.1 000090489_1 which expires on 1/3/05, and is not for resale. User Notes: (1100657128) Services Responsibility Location of Service Description (Architect, Owner or Not Provided) .1 Proqramminq Architect BRS Architects .2 Land Survey Services NP .3 Geotechnical Services NP .4 Space Schematics/Flow Diaqrams Architect BRS Architects .5 Existinq Facilities Surveys Architect BRS Architects .6 EconorilicFeasibility Studies NP .7 Site Aflalysisand Selection NP .8 Environmefltal Studies and Reports NP .9 Owner~Supplied Data Coordination NP .10' 8chedulepevelopment and Monitorina NP .11 CivilDesiQfl . NP .12 La.ndsb:ipeDesign NP .13q IntEjribrDesigfl" NP .14 Special Bidding or Negotiation NP .15, Value Aflalysis NP ..16 '..Oetailed..CoslEstimating NP .;17. On~SitePr6jectRepresentatjon NP .18;. CbristrLJctionManaqement NP .Hi, .'. Start~up ASsistance NP .20 ,Reco rd:Ofawings NP ;21 , Post~C6ntraCrEvaluatjon Np. ,22 . TenanFRelatedSf;lrvices NP .23 ... .> .: . ........,. .24' . ~25 .. ...,.... DesCriptlon of ServiceS. ...... (Insert descrijHionsoftheservicesdesij{nated.) '1'. ProQ'rilnimine::DMinespa~e requirements, identify critical adiacencies/separations. identify equipment needs. identify bliildingenvironmental needs (liQ'htine:. HV AC. etc.) and identify utili tv needs (power. Q'as. sewer. water). I Space Schematics: Developaconceptrial floor plan. I EXistinQ' Facility Survey: Measure existing building to develop an existing floor plan. . ' '. ., - . .. , .-. ARTICLE 2.9'MODIFICAl'l.q~~.'.. S 2.9.1 Modificationstotpisstandard Form of Architect's Services: Design and Contract Administration, if any, are .' .as follows: . I N/A By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modificationshereto are incorporated into the Standard Form of Agreement Between, Owner and Architect, AlA Document;B141-1997, that was entered into by the parties as of the date: A rilO. 0 4 OWNER (Signature) (Printed name and title) ,11,1,11, Document 8141 ™ - 1 997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 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. 9 Unauthorized reproduction or distribution of this ,11,1,11," Document, or any porlion of II, may resull 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 at 14:31 :27 on 04/05/2004 under Order No.1000090489_1 which expires an 1/3/05, and is not for resale, User Notes: (1100657128) April 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 13, 2004 5-(~ ITEM NO. REQUEST Meridian Road / McMillan Road Water Line Design Contract with Keller Associates 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: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: EmaHed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~.. City of Meridian Public Works Dept. ADD !1 f'.. , In U u CIty Of Ivlericlifui (""::- C'!e"l' Office .Jit~Y \_" r~~"';. Memo To: Brad Watson From: Lenard Grady 101 cc: Gary Smith Date: 4/8/2004 Re: Proposed Agenda Items for April 13, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the April 13 City Council consent agenda: Meridian Road/McMillan Road Water Line Desiqn Contract with Keller Attached is a contract with Keller Associates for design of the 16" waterline on Meridian Road north to McMillan, then east to Locust Grove. The contract is for T&M not to exceed 22,400. Recommended Council Action: The Public Works Department recommends that City Council approve the Contract for $22,400 with Keller Associates for design and construction services on the Meridian/McMillan Road water line and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 grndy1@meridiancity.org AGREEMENT FOR ENGINEERING SERVICES In Association with Design and Construction of 2004 McMillan Water Extension Project KELLER ASSOCIATES) INC. This Agreement is made and entered into between the City of Meridian, Idaho (herein called OWNER) and Keller Associates, Inc. (herein called CONSULTANT) this _ day of April, 2004. In consideration of the mutual promises herein contained, the OWNER and the CONSULTANT agree as follows: 1 . Scope of Services During the terms of this Agreement, CONSULTANT shall furnish to the OWNER, Design Engineering services as set forth in Section 2 of Attachment A, attached hereto, and made a part hereof. Such services shall be performed by individuals as employees of CONSULTANT, an independent Contractor, and not as employees of the OWNER. 2. Period of Aoreement The Agreement shall commence on the first above written date and terminate upon completion of construction. 3. Payment Rates and BillinQ 3.1 As compensation for Design and Construction Engineering Services to be performed by CONSULTANT, the OWNER will pay CONSULTANT the amount set forth in Section 3 of Attachment A attached hereto. OWNER shall not have any liability for any other expenses or costs incurred by CONSULTANT, unless otherwise provided in the Attachment or authorized by the OWNER. 3.2 CONSULTANT shall keep accurate records of the time expended. Payment for services performed by CONSULTANT shall be made at the end of each month upon the submission by CONSULTANT of invoices or time statements to the OWNER. Invoices submitted by CONSULTANT will: A. Accurately describe services rendered during the invoice period, including respective dates of performance and any reports submitted. B. Identify any other authorized expense incurred hereunder; and '-.~. C. Make reference to this Agreement (Keller Associates' project number) or otherwise identify the invoice in such a manner as the OWNER may reasonably require. 3.3 The CONSULTANT shall not take any action hereunder which could cause the amount for which OWNER would be obligated to CONSULTANT to exceed the sum of the fees 1 02082/1 /03-005 P~n'" 1 defined in the Attachment provided, however, that this sum may be increased or decreased from time to time by the OWNER in writing jf extra work is required or the scope of work is adjusted for any reason. For other than lump sum (fixed fee) agreements, CONSULTANT shall advise the OWNER in writing when costs incurred under this Agreement are equal to seventy-five percent (75%) of the aforesaid sum. 4. Data CONSULTANT agrees that all data and information such as designs, drawings, reports, blueprints, and the like generated in the performance of this Agreement and data and information which are specific to be delivered or which are, in fact, delivered pursuant to this Agreement shall be and remain the sole property of OWNER. CONSULTANT shall deliver all data and information to the OWNER upon OWNER's request, and shall be fully responsible for the care and protection thereof until such delivery. Except as otherwise provided in this Agreement, said documents shall be delivered to OWNER without additional costs to OWNER. 5. Termination The OWNER and CONSULTANT may terminate this Agreement in whole or in part at any time be giving 30 days written notice thereof. Upon said termination, CONSULTANT will be reimbursed for that portion of the work satisfactorily completed prior to termination and shall be entitled to reasonable damages. 6. Chanoes The OWNER, within the general scope of this Agreement, may at any time, by written notice to CONSULTANT, issue additional instructions, require additional services, or direct the omission of services covered by this Agreement. In such event, there will be made an equitable adjustment in price and time of performance, but any claim by either party for such an adjustment must be made within thirty (30) days of the receipt of said written notice. 7. Compliance with Laws To the extent applicable hereto, CONSULTANT shall in the performance of this Agreement comply with all Federal, State, and local laws, all regulations and orders issued under any applicable law, and all State regulations. 8. Standards All services hereunder shall be performed by employees or agents of CONSULTANT who are experienced and highly skilled in their professions and in accordance with the standards of workmanship in their professions. CONSULTANT warrants that its findings, recommendations, and professional advice shall be basep on practices and procedures customarily used in its profession and asserts it will employ the current state-of-the-art and accepted standard industry practice in performing the services defined herein. 102082/1/03-005 PaQe 2 9. Records The OWNER and, if the services are to be performed hereunder relate to a Federal or State Government Contract, the Comptroller General of the United States, and the Department or Agency of the Government having cognizance over said prime Contract, and any of their duly authorized representatives, shall, until the expiration of 3 years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions related to this Agreement. 10. Gratuities CONSULTANT warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to OWNER's employees, agents, or representatives with a view toward securing this Agreement or securing favorabletreatment with respect thereto. 11. Insurance CONSULTANT shall provide professional liability indemnification to protect the OWNER and granting agencies from CONSULTANT's negligent acts and errors of omission of a professional nature. 12. Owner Furnished Services The following services would be provided by the OWNER in completion of this project: a. Provide access to relevant record drawings, master plans, county GIS mapping, base mapping with contours in AutoCAD and other relevant information of record. b. Execute and pay for all necessary right-of-way or easements for construction. Provide assistance and review during the appraisal and negotiation process. c. Provide horizontal and vertical datum information. d. Provide fuUtime inspection services and all other services not included in Keller Associates Scope of Work unless additional services are requested of Keller Associates by the City at an increase in cost. 10208211/03-005 Page 3 In Witness Whereof, the parties hereto have executed this Agreement as of the date first above written. CLIENT: CITY OF MERIDIAN Tammy deWeerd CONSULTANT: KELLER ASSOCIATES, INC. 4_. ,A ktiA / James L. Keller, P.E. By: By: Title: Mavor Title: President Attested: William G. Sera Jr. By: Attested: Keven T. Shreeve. P.E. BY;~;:? ~ , Title: City Clerk Title: Proiect Manaqer Approved By City Council: Date: 102082/1/03-005 Page 4 ( I April 7, 2004 ATTACHMENT "A~' AGREEMENT FOR CIVIL ENGINEERING SERVICES For the 2004 MCMILLAN WATER EXTENSION PROJECT SECTION 1 Owner Information and Responsibilities: The following data and/or services are to be provided by the OWNER without cost to the CONSULTANT. A. Provide ongoing review of the CONSULTANT work and timely consideration of policy issues at a time acceptable to both the OWNER and CONSULTANT. B. Provide access to relevant record drawings, master plans, county GIS mapping, base mapping with contours in AutoCAD, and other relevant information of record. C. Execute and pay for all necessary right-of-way or easements for construction. Provide assistance and review during the easement acquisition process. D. Request, pay for, and provide necessary title reports to CONSULTANT. E. Construction staking. F. Provide pipe sizes for water main size(s). The proposed water main construction will consist of approximately 3,500 If of 12-inch main, 2,000 If of 16-inch main, and a PRY station. G. Review and execute any necessary agency developed agreements with the owner of irrigation! drainage facilities, if needed. H. Review and execute necessary agency developed agreements related to utility crossing of ACHD controlled right-of-way. CONSULTANT will provide work related to legal descriptions, mapping, and the Right-of Way Encroachment Application and Permit for Utilities. 1. OWNER will provide CONSULTANT with aerial photographs, 2-foot contour mapping, and GIS Mapping for the project area. CONSULTANT intends to use the 2-foot contour mapping supplemented by surveyed topographic information for the project design. J. OWNER shall provide all design and construction standards and which OWNER will require to be incorporated in the Drawings and Specifications. Details anticipated include the PRY station and the sample taps required every 500'. 04022/ -1- Attachment "A" April 7, 2004 SECTION 2 Preliminarv Alignment Services to be Performed by the CONSULTANT: The CONSULTANT shall furnish services specifically limited to the following: 2.1 Proiect Updates Throughout the length of the project, the CONSULTANT will submit a monthly progress report that includes a current invoice, a description of the completed tasks, estimate of percent completion, and other relevant information related to the project schedule. 2.2 Aerial Photos OWNER will provide to CONSULTANT. 2.3 Spot Elevation Survey Perform spot elevation survey within project area generally bounded by Meridian Road and Locust Grove Road along McMillan Road. Approximately 2,000 If of 16" pipe will parallel Meridian Road. The intent of this survey is to supplement the contour mapping provided by the OWNER and to confirm elevations that may be needed in the Preliminary Alignment Analyses. This work does not include a full topographic survey. 2.4 Review Preliminary Alignment Using GIS mapping provided by the OWNER, existing contour mapping, spot elevation data, and findings from the Preliminary Site Survey and utility investigation, a preliminary horizontal alignment for the main will be developed and reviewed. Vertical profiles will not be developed at this time. It is anticipated that boring will not be required. CONSULTANT will initiate coordination with ACHD, Settlers Irrigation District, and any other agency that may be impacted regarding alignment within the right-of-way. We understand that there is a corridor understanding with ACHD and other utility companies that woqld have the water line located on the north and east side of the roads. The first alignment will consider these locations. However, it appears that the south side of McMillan may be the best because of a large canal on the north and apparent utilities. The PRY location may also be an issue to overcome. It is recommended that the OWNER and CONSULTANT visit the site and discuss options. 2.5 Initial Property Owner Contacts It is assumed that all work will take place within an established right-of-way. If easements are necessary from local property owners, work associated with contacting property owners and obtaining an easement will be considered additional work and negotiated at that time. 2.6 City of Meridian Review Meet with the OWNER to review the findings of the preliminary alignment. Make decisions regarding changes related to the preliminary alignment and receive concurrence on the project direction. 2.7 Revise Preliminary Alimunent Revise the preliminary horizontal alignment. 040221 -2- Attachment "A" April 7, 2004 2.8 Agency Coordination (ACHD, Settlers Irrigation District. other agencies) Coordinate with ACHD, Irrigation District, and utility companies. Write a letter to confirm findings and initiate the process to develop a crossing agreement with any effected utility, if required. The O\VNER will review and execute any necessary agency agreements. 2.9 Select Alignment Compile any utility comments and meet with the O\VNER to review project status. Make selection of preferred alignment and issue a notice to proceed with other design tasks. Easement Acquisition Services to be Performed by the CONSULTANT: It is assumed that easements will not be required as a part of this project. It is anticipated that all work will be done within established right-of-ways. Any work associated with easement acquisition will be considered additional work. Environmental Services to be Performed by the CONSULTANT: It is anticipated that work related to the project will be within a developed, previously disturbed right-of- way corridor. Thus, CONSULTANT does not anticipate, and has not included, environmental services within this Scope of Services. Design Services to be Performed by the CONSULTANT: The CONSULTANT shall furnish services specifically limited to the following: 2.10 Pre~Design Meeting A Pre-Design Meeting/Scoping Session should occur with the City of Meridian. Schematic preliminary alignment alternatives and items to be provided to CONSULTANT by the OWNER will be identified (GIS and aerial mapping). 2.11 Utility Research The CONSULTANT shall contact and receive utility information from affected utilities including, but not limited to, gas, power, telephone, storm drainage, cable T.V., irrigation, and other utilities which may be affected by the proposed construction. The CONSULTANT will use "Dig-Line" to verify utility line locations. Actual field pot-holing may be necessary at specific crossing locations depending on proximity to the project, and the level of as-built detail available. We have not included pot-holing services within this Scope of Services. Rather, if necessary and with CONSULTANT direction, OWNER will provide pot-holing services at OWNER's expense. 2.12 Final Agency Coordination Facilitate finalization of agreements through any effected irrigation district. Coordinate with ACHD and obtain plan approval. Coordinate with other miscellaneous utilities. 2.13 Design The CONSULTANT shall be responsible for preparing the design in conformance with local agencies' policies including ACHD and any effected utilites and shall be responsible for consideration of traffic access, pipeline alignments and grades at crossing locations, and other 04022/ -3- Attachment "An April 7, 2004 items necessary for proper construction of the project. An agreement may be required between Settlers Irrigation District and the City of Meridian for paralleling their canal along McMillan Road. Although there has been taken into account coordination and some communication with Settlers, excessive work associated with obtaining any agreements will be considered extra. 2.14 Pipe Analysis The CONSULTANT will not be performing pipe analysis. Rather, the OWNER has identified that the project will include approximately 3,500 If of 12-inch main, 2,000 If of 16-inch main, and a PR V station. 2.15 Note Reduction, Mapping & Design Drafting The CONSULTANT shall perform topographical survey data mapping and design drafting in an AutoCAD format Version 2000. The scale of the full size drawings (22" x 34") shall be 1" = 20'H and 1"=2'V and shall include City of Meridian standard notes, vicinity maps, sheet indexes, north arrows, and bar scales. The design drawing shall utilize the ISPWC standard symbols and shall identifY pipe size and type, pipe slope, invert elevations, surface repair required, adjacent property addresses, property lines, right-of-way, street names, elevation benchmarks, survey control, topographic features, utilities, and any special details necessary for a high quality, bidable project. The drafting shall be performed on 22" x 34" vellum. CONSULTANT will provide reduced scale drawings (1"=40'H and 1"=4'V) for bidding purposes. 2.16 Specifications and Contract Documents Specifications and Contract Documents shall be in accordance with City of Meridian Standard Details and Specifications, and the current edition of the Idaho Standard Public Works Construction (ISPWC). The CONSULTANT shall be responsible for preparing plans and specifications for bidding and bid document packages. Deliverables to the OWNER shall include 20 bid packages that will contain specifications and reduced scale project plans. 2.17 Plan Review Upon 75% completion of the plans and specifications, the CONSULTANT shall submit review sets of plans to all affected utilities, ACHD, DEQ, and three sets for the O\VNER's review and comments. 2.18 Revisions The CONSULTANT shall incorporate all revisions as suggested by the O\VNER and other agencies in the final set of plans and specifications. 2.19 Opinion of Probable Cost The CONSULTANT shall prepare an opinion of probable construction costs at two different times during the project. Near the conclusion of preliminary design an opinion of probable cost will be developed for each alternative alignment under consideration in the preliminary design process. These estimates will be presented to the OWNER during the final selection alignment meeting. These preliminary opinions of probable cost will include probable cost estimates only for any alignments still under consideration at the time. The opinion of probable cost for the final selected pipeline alignment will be updated to include easement acquisition (if required). A final design opinion of probable cost will also be prepared that will include all land acquisition, easement, and water main construction costs. This final design opinion of probable cost will be 04022/ -4- Attachment "A" April 7, 2004 modified during the bidding process to include just an opinion of probable construction cost which will beo used for evaluating the contractor bids. Construction Assistance Services to be Performed by the CONSULTANT: Items 2.20 through 2.26 will be performed by the CONSULTANT on an hourly rate basis if requested by the OWNER. 2.20 Pre-Bid. Bid and Award The CONSULTANT shall attend pre-bid meeting and walk-through, and answer all technical questions referred to the CONSULTANT by the OWNER relating to the project during the bid and award process. 2.21 Addenda When requested by the OWNER, the CONSULTANT shall prepare addenda as necessary during the bid process to clarify bidding requirements. The OWNER will distribute addenda as required. 2.22 Pre-Construction Conference The CONSULTANT shall attend a pre-construction conference for this project. The OWNER shall make all of the necessary arrangements for time, date, and place. 2.23 Construction Review The CONSULTANT shall be available for construction review and technical consultation as requested by the OWNER while the project is being constructed. Attend bi-weekly review meetings for project cost, schedules, problems, and tour project site. This work is based on a thirty (30) calendar day construction period. 2.24 Shop Drawing Review When requested by the OWNER, the CONSULTANT shall be responsible for any necessary shop drawing reviews for the project. 2.25 Change Orders 'When requested by the OWNER, the CONSULTANT shall participate in the negotiation and preparation for any necessary change orders for the project. 2.26 Record Drawings The CONSULTANT shall prepare final record drawings documenting all valve locations, PRY station, and any other documented plan changes that were made during the construction process. Topographic and Design Survey to be Performed by the CONSULTANT: The Consultant shall furnish services specifically limited to the following: 2.27 Monument Replacement The CONSULTANT shall reference on the map and tie doVvTI the location of all found monuments. If monuments are distmbed during construction, the CONSULTANT shall replace said monuments to their referenced position. 04022/ -5- Attachment "A" April 7, 2004 2.28 Monument. Record Map, and Benchmark Research The CONSULTANT shall research the Ada County Surveyor's records for survey monuments for the purpose of horizontal control for the project The CONSULTANT will locate in the field monuments of record which may be disrupted as a part of the construction. The CONSULTANT shall reference these monuments on the Construction Plans provided to the OWNER. The vertical datum shall be the NA VD 88 Datum. 2.29 Topographic Survey The CONSULTANT shall perform a topographic survey along the preferred and selected alignment. The survey shall locate all relevant features necessary for a proper design of the project. As a minimum, all items that are not accurately reflected on the GIS mapping provided by the OVVNER shall be surveyed within 25 feet of the proposed alignment. These items shall include detailed information including wells, streets, outlines of buildings, significant vegetation, sidewalks, driveways, utilities, building finish floor elevations, ditches, drainage ways, trees, centerline elevations, and shall also include a search for monuments of record and a physical survey of monuments that are found. We anticipate that many of the surface features listed above will be accurately depicted on the project aerial photograph and will not require topographic survey. 2.30 Construction Survey Control The CONSULTANT shall set temporary benchmarks (TBMs) and horizontal control points at 500 feet intervals along the alignment of the project. TBMs and horizontal control points shall be delineated on the fmal Construction Plans provided to the OWNER. Proiect Schedule for the CONSULTANT: 2.34 Schedule The project schedule is based on construction ending 10/15/04. This schedule is contingent upon successful coordination and timely reviews by the OWNER, ACHD, DEQ, and utilities. If at any time during project performance the CONSULTANT expects difficulty in meeting the schedule, the CONSULTANT must notify the OWNER in vvriting regarding anticipated schedule delays and specific tasks that are causing the delays. The CONSULTANT and OVlNER shall meet to discuss overall project impacts, negotiate contract schedule extensions, and determine the proper course of action. . Start Date . 75% Review Plans . Final Plans · Advertise Project . Open Bids . AwardBid . Begin Construction . End Construction 04022/ 4/13/04 6/15/04 7/15/04 8/01/04 8/15/04 9/01/04 9/15/04 10/15/04 -6- Attachment "A" April 7, 2004 SECTION 3 Basis of Fee and Billing Schedule: The OWNER shall pay CONSULTANT for its services and reimbursable expenses on a time and materials basis with a not-to-exceed amount as follows: Preliminary Alignment and Design Services (Items 2.1 through 2.19) $16,900.00 Construction Assistance Services (Items 2.20 through 2.26) $3,700.00 Topographic and Design Survey (Item 2.27 through 2.30) $1.800.00 TOTAL ESTIMATED CONTRACT AMOUNT: $22,400.00 For all services to be paid by the OWNER to the CONSULTANT for work completed on a time and materials basis, the CONSULTANT shall be paid for each hour each assigned employee works on the project in accordance with the attached Title Code Billing Rate schedule. The Title Code Billing Rates attached include all costs for direct labor, indirect labor, travel costs within the Meridian area, vehicles, surveying equipment, computer hardware and software, and markup for profit. These Title Code Billing Rates shall remain in place during the course of the project imless billing rate changes are specifically approved in writing by the OWNER. All reimbursable expenses shall be paid at the direct reimbursable expense cost times a multiplier of 1.0. Reimbursable expenses shall include subconsultants, travel outside of the Meridian area, equipment rental costs, plan and specification reproduction costs over and above 20 sets of plans and specifications, and any charges required from aerial companies or the county or city in association with obtaining survey control and/or GIS data. 04022/ -7- Attachment "A" KELLER ASSOCIATES, INC. TITLE CODE BILLING RATES Personnel Hourly Rate Principal: Jim Keller, P .E. $124.00 Rod Linja, P.B. $124.00 Chief Engineer: David Kinzer, P.E. $124.00 Project Managers: Dennis Suihkonen, P .B. $112.00 Susan Burnham, P.E. $107.00 Ted Reynen, P.E. $105.00 Project Managers: Jim Mullen, P.E. $105.00 Keven Shreeve, P .E. $98.00 Donn Carnahan, P .E. $93.00 Randy Zollinger, P.E. $93.00 Project Engineers: Ryan Adelman, P.E. $83.00 Bryan Phinney, P .B. $83.00 James Bledsoe, P.E. $78.00 Ross Erickson, P.E. $78.00 Mike Anderson, P .E. $69.00 Mike Jaglowski, P.E. $69.00 E.I. T. Engineers Justin Walker, B.LT. $64.00 Jay Hovde, E.LT. $58.00 T echnicianslInspection $56.00 Drafting $45.00 Clerical $44.00 Two-Man Survey Crew $90.00 Mileage Cost $0.36/mile 04022/ -8- April?,2004 Attachment "A" r.ti ILl ^I- I-q: 0- wO ...,0 000 C::OO o..q: :z:c:: OW -....I 00....1 :z:w ILI~ 1-... Xo ILI'- c::1LI W~ 1-:= ~i= :z:00 :s~ ...JW -LL :E:;: 0<( :EO c:: o m :s ';;'F "- .Il) @I'. -!o- li.i.'. 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'li'i us~~~~~~re C\j~c-..i~N(\jN 1 ,... .,' ... N dei ~dd~~ '" o tONC")...-- odd NC\(......"':t c:ici M ~ ,-~ ,~ .e 8 gffi~.gti I~ ::ll:o lZ ~ '.... ... .' '" d~--d~ "!,,, ... '" '" '" . ~ m Bl .. c:>: -'" lo E .<:. " c: <II lD '" ...J i; - ~ 6 ~ ~ M ~ ::> E :::;;: ~ ID I;Q 8"'E! qJ ::::. ~I8~_lJ) .m~~~~ c -.: - :s; 0 ;" Il) 15 ~u c: E E !1 ". ; E' E' 2 ~ .;; 0 0 l;: ::> _ ;;; ::0 :::;;: f-- CI) ~ ~~re~g ~~C"JC'\i1N .; <:> ;C'i ... o '" '" '" o - .... o o N r-: 0.. <( '0 ... ~ co .... ~.~ '" ~ .... ... ... N .... .. ~ '" d !' '" N . .. ... . .. .,; .... ..; ... '0 '" Cl '" 0.. o .,; o d ::- " ,.z o r= u ::l a:: f-- Ul Z o U ..J ~ g m ::> (fI z o i= u ::> 0:: f-- CI) Z o u o ~ z (!) c;; w o -' ~ o f-- 0' :z: " OJ "2' 0.. April 1, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 13, 2004 ITEM NO. S-L-- REQUEST Beer, Wine, and Liquor License Renewals AGENCY COMMENTS CITY CLERK: See attached 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: v.Y' # Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 9,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Planning and Zoning Department Reports April 13, 2004 ITEM NO. {j--A-( REQUEST Discussion on Sign Ordinance Issues by Joe Venneman, Code Enforcement 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: Jj r.)J r . JL ~ fJV)Vf/& Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Merfdlan. April 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department Reports April 13, 2004 ITEM NO. u....S-l REQUEST Request to Purchase Water Meter Radio Read Equipment 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: ()v~v-Y Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. R,ECEI D APR 0 9 2004 City Of Meridian City Clerk Office m To: Mayor De Weerd & City Council from: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 4/8104 Re: April 13 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following item be placed on the April 13 City Council agenda, under Public Works Department Reports, for diSCUSSion with Mayor and Council: ReQuest to Purchase Water Meter Radio Read EQuipment Given the recent building rate in this City, we are setting a record number of water meters. With those water meters comes the obligatory task of reading them every month for billing purposes. Three meter readers are currently employed and a fourth will be needed by the end of this year if we are to continue to read meters each month via the "touch-read" technology. Radio Read TechnoloQY New technology exists whereby meters are read by radio in a vehicle traveling down the streets. Staff has investigated this technology and a vendor performed demonstrations for us here in town. In brief, a vehicle is equipped with a computer and radio receiver and simply drives down a street as the computer ''wakes up" each meter which is equipped with a transmitter. The transmitter relays the monthly water consumption to the computer in the vehicle. The laptop computer is taken back to the office at the end of the day and synced up with the server, which then transmits all the consumption data to MUBS. We estimate that all the meters in the City could currently be read in two days. The system meshes with our existing meters (same manufacturer). Battery life in the transmitter units is warranted for 20 years. . Page 1 Labor Cost Savinas We (Len Grady) completed an economic analysis of the radio read system over twenty years to determine if the technology costs were less than the future meter reading labor costs. The analysis determined that over twenty years, $710,000 would be saved. This savings, however, does not reflect the fact that each builder would actually be paying for the meter radio transmitter (at $90/meter). At current population projections through 2023, builders through their building permits will pay for $1.16 million in meter radio transmitters. Therefore, the City would see an actual out-of-pocket savings of approximately $1.87 million. However, the $710,000 million figure is the actual savings to the community as a whole. The spreadsheets detailing the economic analysis are attached. Radio Read Proaram Proposal We do not intend to retrofit the entire City at once. We would likely prioritize retrofit of commercial meters because of the time involved in walking to commercial meters and the reader's susceptibility to traffic while doing so. Additionally, every new building permit will require a meter capable of radio read. Eventually we will use some of the savings to retrofit development in a geographically logical order. For example, we may choose to outfit entire 1-mile sections that are distant from the Water Division office in order to reduce drive time by the manual meter readers every day. Regardless of the eventual areas outfitted with radio read, we will always want to visit each meter pit once or twice a year to make a visual inspection and ensure that the meters are not damaged. Current Request The vendor who supplies our current "touch-read" meters, InvensyS@, is Offering us a discounted "starter kif through April 30 (purchase order due to local supplier, United Pipe & Supply, by April 23). The kit would contain the equipment necessary to begin radio reading and 50 meter transmitters. We have not brought this to you lightly and believe we have done sufficient research and analysis to justify this program. We also had a third party, Civil Science Engineering, review the proposal. A copy of their letter from Matt Shipp, PE is also attached. Finally, we are prepared to address this program long-term in our upcoming Strategic Plan Report and amend the ordinance as necessary to implement the meter fees required to fund the radio read meters. Request of Council: Approve purchase of radio read starter kit for $23,000. Thank you for your consideration. . Page 2 ~NP)IO <II "'''' " ......-.i ltl <II 0::: :g; '" "' ~r6:;; I 'Iii :E 18~"'~~~~~ OW~a'I 1"':I("4.....-iCO '" '" VJoWWw M~~ ~ N~ 0)- ",,,,,,, ~~~- ~gre "'''' .o'" ~'"':~ "'<0.... "'''''' g~~ ",,,,-,.:: "'....'" "'''' m::;~ ~ti~.. ",8~ _c,o...G::!. ",,,,", "'....'" "'.... ~~~ 00.0 "'....'" "'''' <DS!l:C; ~mt ....'" .~ ~.... ......co C; 1'-- r'f "''''''' '" to vF:~ 0.0"; "''''''' .o "' -"'~ .-, ~ 10 o ''It-N- "''''''' "'''' "'lill(l ~fi!:f '" to ....~ :::~f'-,. "'~- ",,,,,,, to to o:8~ ~mti "' - ~~~ "'"'''' - ., ga) ~~ "' '" '" "'- t-~~ ~"!."!. "'''' "' - '" '" :gS:::;: ~~-~- "'.... :gSi; o ofr--"" ",...- "'.... ~~~.. &~~ * ~ 1i " ., D.. 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"OJ;; ~'" 0:::"" Ci ~~ 'Iii:l :E'" -", -Sl .50- c.... <II'" E~ <1113 om l:'" € ~ '" s ;;; E '" ~ ~ '" '" 8l IS '" 0;- ~ !i ... 0;- Rl ...- ~ '" g .... ~ '" III ~-~ ~.... ... ~ ii: s: "'0:: lJ~ ~~ "'''' .,., EE ~~ 55 Annual Wage / emp Vehicle Vehicle Life (years) Maintenance Annual Vehicle Cost Meter ReadsNehicle Annual Vehicle Cost/Meter Reader New Emp Costs Meters Read/emp Days Worked / yr People/house Radio Read Meters Future Cost per 2 meters Cost per house Meters read / man day (6 hrs) $ 46,000.00 $16,000.00 10 $ 9,600.00 $11,200.00 2 $ 5,600.00 $11,000.00 400 166 2.8 $ 25,000.00 50 $ 180.00 $ 90.00 12,000 ~ I ( CIVIL . SCIENCE ENGINEERS - SURVEYORS - PLANNERS - SCiENTISTS April 2, 2004 RECEIVED APR 0 6 2004 MERlDlAN CITY ENGINEER Municipal Engineering Transportation Engineering Development Engineering NEPA Environmental Services Brad Watson, P.E. Meridian City Engineer 660 East Watertower Suite 200 Meridian, Idaho 83642 Brad, This letter is in response to your request that I review the proposed automated meter reader (AMR) that you are looking into for purchase and use for the City of Meridian. First off I would like to give you a bit of my background. Before moving into this position J currently hold with Civil Science Engineers, I was a public works director for a city in Utah that had a population of approximately thirty seven thousand (37,000); very similar in fact to Meridian. I have also experienced many of the same growing pains that a city like Meridian is experiencing. The reason that I tell you this is because last year, I started a program of looking for upgrades to our AMR system for the city. Our reason was two fold. First, the existing system that we were utilizing was old and in need of replacement. Second, the city needed a way to ensure that it was raising the proper amount of revenue needed to operate the water system. We went through a very lengthy process of research and review where we looked at many of the systems out there that would meet our needs. One of those that we did review was the Invensys system that you are proposing to use. We found that the Invensys was a top notch product. While we did not use the Invensys, it was not because the product did not meet our needs and expectations. We instead went another direction because of the existing meters that we already had in place and we would have needed to replace all of our meters at a greater cost than we were able to bear. While I have not been involved in the interviewing and demonstrations that have occurred with Invensys and Meridian, I would say that you would do well to use this system as your source of AMR as long as it meets with your set requirements and expectations. If you have any further questions or would like to meet and discuss this issue further, please call. Sincerely, 1/1"('11- ~ Matthew F. Shipp, P.E. Civil Science Engineering Project Manager 768 E. Utah Valley Drive American Fork. UT 84003 Telephone: 801-756-8888 FaCSimile: 801-756-8881 www.civilscience.com ~ seNSUS TECHNOLOGIES. INC. Sensus Metering Systems Presents TAP into the Technology of Greater Meter Reading Efficiency Technology Advancement Program (TAP) Discover how the automation Sensus offers can dramatically improve meter reading and billing operations, and in many cases, enhance revenue for your utility. Now through April 30/ 2004 the NEW Technology Advancement Program will demonstrate precisely the impact that Sensus AMR products can make on your operations at a minimal investment to your utility. Radio Read Hand Held Package VXU Vehicle Read Packaae $11,500.00 NET $23,OOOmOO NET O.e-I' 'Dlftof ~ "\ +\!Xu w/ c~puter and A~oVu Som.vare (~~ mttppW'j) +AR-4002 Radio Read Hand Held . Master Charging Stand +AutoVu lv1apping Module (Includes GPS Card) .. AutoRead Software .. AutoRead Software +- Fifty (50) Single Port 505-C fv1XU's .. Fifty (50) Single Port 505-C IVlXU's ~ - ~ IS-O.t&l~ .Up to Two-Day AutoRead Start Up Training (new customers) .. Up to Two-Day AutoRead Start Up Training (new customers) Or'\ -:H!:: ..One Year Free Support (new customers) tb~(Jt). ---- ., Up to two days GPS & AutoVu software Start Up Training 01'\- oY;}e ..One Year Free Support (new customers) { 40",,-4 pW\) .. Fifty (50) encoded meters of any style (Bob P.t'it-.tYSfVI-) SR, SRII/ PMM, up to 3/4" or Fifty (50) Arn.]l.. sp edA.List iCon/MXU Form 2S electric meter1"35.f.t~) +Fifty (50) encoded meters of any style SR, SRII, PfvJf"J, up to 3/4" or Fifty (50) iCon/MXU Form 2S electric meters TAP Proqram Details ~ ./ Program begins January 21,2004 and ends April 25'; 2004. ./ All products ["JUST be dropped shipped directly to customer ./ Orders must be accompanied by completed FCC license application provided by United Pipe & Supply Company ./ Order must be accompanied by completed AutoRead Information Sheet (new customers only) provided by United Pipe & Supply Company ./ Purchase orders must be received prior to shipment of individual packages, no special quote required ./ TAP packages must be placed on separate purchase order and cannot be combined with any other promotional packages ./ Current version of Sensus G-500 Guarantee/Warranty applies to all product ./ NO PRODUCT SUBSTITUTIONS WILL BE PERMIITED A BTH Company R A D loR E A D A.M R S Y S T E M ., ..... ,....... "'.................... ............ II...... 11..,. Makes Reading Utility Meters as Easy as Walking or Driving Along the Street he RadioRead System provides for the fast. efficient, reliable a.nd economical automated reading of water, electric and gas meters via the radio transmission of meter reading data. How It Works: The meter register or index is connected to a Meter Transceiver Unit (MXU) that transmits reading data via radio signals. When activated by a wake-up signal from an RF-HHO hand-held or RadioRead@AMR System. 20 in-vehicle reader/recorder, the MXU transmits the meter's 10 number and current reading back to the reader/recorder where it is stored in a solid-state memory for later downloading at the utility office. . Reliable Operation Via Superior DSSS Technology: Direct Sequence Spread Spectrum RF technology provides greater transmission ranges, greater signal dependability and optimum immunity from signal noise and interference than non-DSSS systems. DSSS signals get through where others can't . Works In Harsh Environments: Electronic components are facto- ry-sealed against moisture infiltration, making them suitable for use even in in-ground meter boxes and vaults that are subject to flooding. · Read Water, Electric And Gas Meters: Can be used to read many brands of meters equipped with compatible registers or indexes. Especially useful for combination utilities. . Walk Or Drive The Route: For walking the route to collect read- ings, a hand-held or belt mounted Invensys Model AR-4002 RF-HHD I ..... ........... ........... ..... ........... ................. ....... (0. reader/recorder is used. For driving the route, an lnvensys Vehicle Transceiver Unit (VXU), small and portable enough to be used in any vehicle as needed, is used. The Model AR-4002 can also be used to collect readings from TouchRead System and other meters. · Read In Both "Blind" And "Geographic" Modes: Individual meters can be read on demand, or the entire route can be read with- out the need for route or location parameters. · Read MUltiple Meters With Just One MXU: Each Meter Transceiver Unit (MXU) has two ports, each of which can be expand- ed to handle up to eight meters with an Invensys MultiRead@ Port Expander Module. · Built-in Error Detection Diagnostics: Notifies of completed readings, any problems and MXU battery status. -Improves Meter Reader Safety: Eliminates the need to access meters in hard-to-reach and hazardous locations. · Simple Installation: MXU's are designed for fast, easy installatfon. · Easy And Safe On-site Battery Replacement: Rated for a 10-year service life, MXU batteries feature a Simple snap-in design and are rated for conventfonal disposal. <<.' \, ((t AutoVu On-Screen Graphic Mapping Software Used with a portable Vehicle Transceiver Unit (VXU). the optional AutoVu mapping program uses-Global Positioning Satellite (GPS) technology to graphically show the location of each meter on a route map, and verify readings as the vehicle moves along the route. Just a few of its many features and benefits are: - Shortens meter-reading time to help reduce costs. · Route maps are automatically repositioned as the moves along. · Provides for setting up routes for optimum and other information can be put on maps. . Can be set for meter-location symbols to change as readings are obtained. . Alerts to high and low parameter discrepancies and equipment problems. G:'ensys I 21 AS OF APR 21 '04 09:06 PAGE. 01 ** TX CONFIRMATION REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PG5 CMD~ STATUS 03 04/21 09:04 12084664405 EC--S 01'42" 005 192 OK -------------~-----------------------------------~------------------------------------------ Revised April 1 O. 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 13, 2004, at 7:00 p.m. City Council Chambers 1. R.olI~call Attendance: X_Charlie Rountree X Bill Nary =x= Shaun ~dle =x= Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: h'J ~VIt lvu::.(diMOJv 3. Community Invocation by Alex Chamberlain, St. Luke's Chaplain: r.ferx/ed.- 4, Adoption ofthe Agenda: ~rr< (kI" tl~C<-- 5. Consent Agenda: 7- A. 'i - B. ]- C. D. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R~8 (PO) and C-G zones for proposed Redfeather Estates SUbdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road:./ #.,ppn9Vl! a.f a-/?'1~C'l- Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building Jots and 28 other lots on 90.29 acres in a proposed R-8 (PD) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC- south of East Ustick Road and east of North Eagle Road: ~vu:- Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single- family residential use with reduced setbacks, lot sizes, tot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Findings'71C~ Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C-N zones for M~ridi91l Cily Cuuncil Agcnd:l . April 13,2004 l';Ite I cf4 All mateO:lls presented at public Il1CClln~$ sh.1I become PIUp,'l'1Y uf lite City of Meddian. Anyone d~jring nccommodalion for di<llbiliTies relatro to dncumenlS and/cr ~\'ing plcue eonlilcllhc City Clerk's Office al 888.4433 ut lCll.<l4J:! hOl.r5 "riur 10 tl1e public meeting. ** TX CONFIRMATION REPORT ** AS OF \'0 APR 21 '04 09:08 PAGE. 01 CITY OF MERIDIAN 04 DATE TIME TO/FROM 04/21 09:06 12084664405 MIWSEC PGS 02'26" 005 MODE EC--S CMDl:I 196 STATUS OK ADA COUNTY DEVELOPMENT SERVICES PHONE (206) 287-7900 FA-X (208) 287-7909 BDILDmG . Date: March 31, :Z004 Political Subdivislons _X_Ada CO\Xll!y Pest Enennination _X_Ada CollDl"Y Biilhl'VlJ,Y Di!~t X Mccldinn School District No, Z -X-MalbaS<hooIDhlrlel:No.136J :,cMerld.iD.n Ubnuy _X_C1tyofElI1!Ie _x _ CJty or G1:lrden CIty _X_Oty of Meridian _X_Dry Cn!elI; Cen\Ekry _X_JOplbl Cmlewy _X_Merl~ Cemetuy X Norih"'e~t Dol.s~ SOt\'cc =X=Stlu" S-e.r Diolrict _X_ED2l. S<:mr X Kuna lire -X - Melbol Rurnl Fin :X:stnrJr..... _X_Bwe Fire Dept. _X_Flood Cl.1Irtr<Il#lO Other A!rencies _X~5or _X_BuDdin\: D1'L'ision _X_lWzln.o... _X_'pub DeJlLIDollM GrllliIio X Ado Co. Sh.eriff -X-COMi'ASS --X - G.l.s. :X:SoUd Wmle MgmtJDo"e l'leal _X_Bolle PallUc Worksil"ftI1 Butm:Bal<1 _"--Boise PCl>jclOt Bod ofCunlCCll _X_Ncn:tltwOO<! PijlelJ.ue _X_U.s. SoU COlllCl'Vslloll DIsL X C~trnI DOOict H<:nIrJ. -X-U.S.PonIOflke -X-lICC :X::Dlv!sloll orEllvitomntntal Qaallty _X_Burenll ofLllDd M"'"'l:<:mellt _X_MIddlelon MW hrlgaUon DiBt _X_:&DtutI:yne Dllell Co. _X_Fannen UlIlon IlTlgntlon DioL X FEMA :X:Norlh Star Nci.,hborhood A:.sn. _X_Shooting Comet E,IQte$ NIll. Nsn. 200 W. FRONT, BOISE, IDAHO 83702-7300 ENGmEEPJNG . PLANNmG _X_AdA co....., Emergency MedicllJ. X Bo.llle School Dl:drlct No. 1 =X_Kmur. School DUdrid: No. :} _X_K.m.a L1bN.r'y _X_t\dQ C<). Fl'e~ Lihl:ar1 J_OtyofBobeJR1clmn:l Cook _X_Oty otKIIIlD. _x_Cttyorsw __X_Fn~_ Cemetery _X_KIXI'IlI.Cc:m:1.ory X Balch Sewer =X=Owyhec Sawcr Dutria _X_WilIltDolllc SL'WCC X N'orlhAdaFlre 8< Re!l",,", =X:Eae"!e Fin _X_Merid.ianFlre _X_WhIm., lIVe _X_S.w. MO.'lwto~llt X Idaho Power- =X=lnl=lloo.nlaln OlD _X_Qooert _X_ Ulilled W_ orIdnho _X_FAA X AIr NatloJJ;llJ Goard ,=X':'Boltle A1.l'port Dlredor _X_B~u ofRedlunotlon _X_Idaho TnmoportJdion Dbri:rid J_CJl<M'on Plpolln. _X_ >>Cpt. orH '" W/Reddentlal CIlre Ut:J!t1Idng: _X_IkpI. sfWIII.e.l-:a..o\U"1;e$ _X_Dopt. otLmda _"-.JUde-e to Iljo.en- Tbn Breuer X Ode!, Idllho lktttftu of Aef'OIlJlQU'" -X Llllho Dcpt. ofF1Ilh 8: GIlme _X_Dept. oUr.sUh" Wlll.&,re _X_PkIbeer Inieotlon DilL _X_N_ Dry Cre~Dltcb Co. _X_North.y" County FoothlIl9 As9odotton _X_ClUzeDll C01'II. SDf~ 16 . ZONJNG R:J~jC1j}TVED City of Merldiar.. City Cledt OffiG~ ~ ltO--~ (0 )S.~ ~ { fu l? ( " G Al()r/-J '(.0 (~1ht1r1t? CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 13, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Charlie Rountree Bill Nary Shaun Wardle Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain, St. Luke's Chaplain: 4. Adoption of the Agenda: 5. Consent Agenda: A. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PD) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: 8. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-8 (PD) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: C. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single- family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C-N zones for Meridian City Council Agenda-Aprill3, 2004 Page I of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. proposed Cedar Sprinas Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: E. Findings of Fact and Conclusions of Law: PP 03~044 Request for Preliminary Plat approval of 5 commercial building lots and 1 common lot on 5.51 acres in a proposed C-N zone for proposed Cedar Sprinas Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 03~ 067 Request for a Conditional Use Permit for a Planned Development for four office buildings, a car wash, two fuel pumps and a drive through coffee stand in a Neighborhood Center designation for proposed Cedar Sprinas Professional Center by Kevin Howell - north of West Ustick Road and west of North Meridian Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 03- 072 Request for a Conditional Use Permit for a drive-thru window for a proposed coffee shop for Central Park Plaza by Nahas Enterprises - northeast corner of South Progress Avenue and Central Drive: H. Findings of Fact and Conclusions of Law for Approval: AZ 03~ 025 Request for annexation and zoning of 57.84 acres from RUT to C-G zones for Blue Marlin by W. H. Moore Company - northwest corner of East Ustick Road and North Eagle Road: I. A~reement for Professional Services for Microbial Evaluation of 8t Street Office Building (Water Department) with Summit Environmental Inc.: J. Agreement for Professional Services for Water Division Space Analysis Study with BRS Architects: K. Meridian Road I McMillan Road Water Line Design Contract with Keller Associates: L. Approve Beer. Wine. and liQuor License Renewals: Meridian Bowling Lanes - Beer & Liquor A New Vintage Wine Shop - Beer & Wine Harks Corner - Beer & Wine Corona Village - Beer & Liquor Fred Meyer #198 - Beer & Wine Texas Roadhouse - Beer & Liquor Maverick Country Store~ Beer Bill N Lynn's Place - Beer & Liquor Goodwood Barbecue Company - Beer & Liquor Big Smoke LLC - Beer & Wine JB's Restaurant - Beer & Wine Meridian City Council Agenda - April 13, 2004 Page 2 of4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: A. Planning and Zoning 1. Discussion on Sign Ordinance Issues by Joe Venneman, Code Enforcement: B. Public Works 1. Request to Purchase Water Meter Radio Read Equipment: 7. (Items Moved from Consent Agenda) 8. Request to Reconsider the Decision to Deny and Remand Applications Back to Planning and Zoning Commission for Review for Salisbury Subdivision No.2 AZ 03-036 I PP 03-042 by Earl, Mason, and Stanfield, Inc. : 9. Findings of Fact and Conclusions of Law for Denial: AZ 03-036 Request for annexation and zoning of 19.7 acres from RUT to R-8 zones for proposed Salisbury Subdivision No.2 by Earl, Mason, and Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: 10. Findings of Fact and Conclusions of Law for Denial: PP 03-042 Request for Preliminary Plat approval for 72 single-family residential building lots and 2 common lots on 19.7 acres in a proposed R-8 zone for proposed Salisbury Subdivision No.2 by Earl, Mason and Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: 11. FP 04-019 Request for Final Plat approval of 48 Residential Lots, 18 Office Lots and 11 Other Lots on 14.58 acres in L-O zone for Saaecrest Subdivision by Dirk L. Marcum and Michael Riggs - south of East Overland and east of South Locust Grove: 12. FP 04-020 Request for Final Plat approval of 47 single family residential building lots and 2 common lots on 14.32 acres in an R-4 zone for Fulfer Subdivision No. 2 (aka Kelly Creek) by Kevin Howell - north of West McMillan Road and west of North Linder Road: 13. FP 04-021 Request for Final Plat approval of 36 single-family residential building lots and 8 common lots on 12.9 acres in a R-4 zone for Sutherland Farm Subdivision No.3 by Sutherland Farm, Inc. - east of South Eagle Road on the south side of the Ridenbaugh Canal: 14. Continued Public Hearing from March 23, 2004: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Meridian City Council Agenda -April!3, 2004 Page 3 of4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 15. Continued Public Hearing from March 23) 2004: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 16. Continued Public Hearing from March 23) 2004: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 17. Public Hearing: MI 04-003 Request for a Miscellaneous application for a request to amend Item 15 on Page 10 of the recorded Development Agreement for AZ 00-024 for Sparrowhawk Subdivision, which requires all site improvements to be complete prior to issuance of a Certificate of Occupancy. An addendum to the original Development Agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings (Foothills Apartments) on Lot 1, Block 1 of Sparrowhawk Subdivision prior to the installation of the landscaping adjacent to Franklin Road by David Waldron - north side of East Franklin Road and east of South Locust Grove Road: 18. Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 % Street: 19. Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Trov Place Subdivision by PPN, LLC - 1236 East 2 % Street: 20. Resolution No. : Approval to proceed with work for tree replacement at 1409 North Main Street by cashing the $500.00 deposit: Meridian City Council Agenda - April!3, 2004 Page 4 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** AS OF APR 14 '04 14:55 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 31 04/14 14:53 12084554405 EC--S 01'30" 004 206 OK ---------------------------------------------~---------------------------------------------- Revised April 1 0, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TuesdaY1 April 13, 2004, at 7:00 p.m. City Council Chambers 1. iRolJ~call Attendance: . X . Charlie Rountree X . Bill Nary =x= Shawn X'dle ::x= Keith Bird MayorTammy de Weerd 2. Pledge of Allegiance: hY) .&~tvl(. /vlcICiI1110Jl..' 3. Community Invocation by Alex Chamberlain, St Luke's Chaplain: fre.Je.ded.-- 4. Adoption ofthe Agenda: ~()",--e (U' Q.I'rJ/.."...,c&.6<- 5. Consent Agenda: ?- A. 1-8. 7 - C. D. Tabled from April 6, 2004: Findings of Fact and Conclusions of law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather Estates Subdivision NO.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road:J A;7j?1'l:'V"e Cl..J al1'le~ ",-, Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminal)' Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R-B (PO) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC- south of East Ustick Road and east of North Eagle Road: a~(I\L.. Tabled from April 6, 2004: Findings of Fact and Conclusions of law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single~ family residential use with reduced setbacks, lot sizes, Jot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Co/! p~.~ Findings of Fact and Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C~N zones for Meridian City Council Agcnda - April 13. 2004 P~gc I of 4 AIIIllJlerivl~ pr."c:sItcu al public meeting.' sh~1l become pm~eC1Y ortne Ci1:y oJf Mcridi~ll. Anyol1e desirin~ llCCollllllodation for disubilidcl re!:ltd. 10 documen~ ond/or hearing plC<l<c con",.l the CiryCI<!rk.'s Oftice ~[ 888-4433 3.11=t 41\ hours prior to the public rn~ting> ( ** TX CONF\. .,~rt ON REPORT ** AS OF APR 13 '0422,,--, PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:I STATUS 17 04/13 21:24 3810160 EC--5 02'51" 005 192 OK 18 04/13 21:27 PUBLIC WORKS EC--5 01'39" 005 192 OK 19 04/13 21:31 8641159 EC--S 01'40" 005 192 OK 20 04/13 21'33 2088840744 EC--S 01'39" 005 192 OK 21 04/13 21'35 POLICE DEPT EC--5 131'40" 005 192 OK 22 04/13 21'37 8985501 EC--S 01'38" 005 192 OK 23 04/13 21:39 LIBRARY EC--5 02'13" B05 192 OK 24 04/13 21:42 92083776449 EC--S 01' 39" 005 192 OK 25 04/13 21:44 208 388 6924 EC--S 02' 11" 005 192 OK 26 04/13 21:47 2088886854 EC--S 01'38" 005 192 OK 27 04/13 21:49 208 895 0390 I:'C--5 01'39" 005 192 OK 28 04/13 21: 51 208 387 6393 EC--S 01' 39" 005 192 OK 29 04/13 21:53 ADA CTY DEVELMT EC--5 01'39" 005 192 OK 30 04/13 21:56 8885052 EC--S 01'39" 0e5 192 OK 31 04/13 21'58 CHERRY LANE G3--S 03'13" 005 192 OK 32 04/13 22:02 POST OFFICE EC--S 02'56" 005 192 OK ------------------------------------------------------------------------------------------~- Revised April 10, 2004 CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, April 13, 2004, at 7:00 p.m. City Council Chambers 1, Roll-call Attendance: X . Charlie Rountree ~ Bill Nary =x= Shaun W:tdle =:x= Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: h? Yt/llt./nc/dll/l<i1JI./ 3. Community Invocation by Alex Chamberlain, St. luke's Chaplain: r.k-xle.d.- 4. Adoption of the Agenda: ~1r.{;:L.1' a.~d.-- 5. Consent Agenda: ?~ A. ~- B. 7- c. D. Tabled from April 6,2004: Findings of Fact and Conclusions of Law for Approval: AZ. 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R.8 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Eslales Development, LLC - south of East Ustick Road and east at North Eagle Road: j .:ti"Pprtlrt a..t AI?-l~ ""- Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 olher lots on 90.29 acres in a proposed R.B (PO) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: ~VlL Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single- family residential use wilh reduced setbacks, lot sizes. lot frontages, house sizes and increased block lengths for proposed l1:edfeather Estates Subdivision No.2 by Packard Estates Development, LLC- south of East Ustfck Road and east of North Eagle Road: FindingS~C~ Conclusions of Law for Approval: RZ 03. 013 Request for a Rezone of 5.51 acres from R.4 to C-N zones for Maid". City Council Agcnlb ' Aprill3. 201)4 ~e I or 4 All moten.l, pJ"O$ented.1 public Ineetlngs >boll booomcpIIlp""j .fthc City of MeridiJll. Anyone: d~irins: Cl:e(lIT1nl.('ld:uiun t";lf d.i:Qbiliri~ :tdulcd 10 docummts ;:mdfor hc::Iriut. plw'C: COI'1.\.Il;..::t Ih; City O-e.rk.'s Offi.cc 3t 388-4433 Zit J-cnu 4~ h.olH'S prio-['({1 (he public mctling. ( \. AS OF APR 13 '104 22:24 PAGE. 01 ** TX CONFIRMATIoN REPORT ** CITY OF MERIDIAN CMOIl 192 192 192 192 STATUS OK OK OK BUSY 01 02 03 04 DATE TIME TO/FROM MODE MIN/SEC PGS 04/13 22: 05 IDAHO ATHLETIC C EC--S 01' 39" 005 04/13 22=07 ID PRESS TRIBUNE EC--S 01'40" 1005 04/1322:10 2121888867101 EC--S 01'39" 005 04/13 22:24 LEGAL DEPARTMENT ----5 013'013" 000 THIS DOCUMENT IS STILL IN MEMORY -----------------------------------------------------------~-------------~------------------ Revised April 1 0, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 13, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: y~ Charlie Rountree X Bill Nary =x:= Shaun Wtdle =:R: Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: h? bnVll. fl,.zc./d/1/uJlv 3. Community Invocation by Alex Chamberlain, St. luke's Chaplain: r.fe-,.;!ed.- 4. Adoption of the Agenda: ~v-l!. (2..1. 4. ~ (i(.. 5. Consent Agenda: ?- A. 1- B. 7- c. D. Tabled from April 6, 2004: Findings of Fact and Conclusions of law for Approval: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: J' pf/'p-n9V&e. a.t 4rn.er.&............. Tabled from April 6, 2004: Findings of Fact and Conclusions of Law for Approval; PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other Jots on 90.29 acres in a proposed R-B (PD) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Tabled frO~~004: Findings of Fact and Conclusions of law for Approval: CUP 03-041 Request for reconsideration for revised Conditional Use Penn it fOf a Planned Development for single- family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed kedfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Findings17r::~ Conclusions of law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to vN zones for Meridi$n C,t~'Co"""ilAsend3 - Aprilll,1004 Page I of4 All matcriah presented "I public 'nccllngs ,hall become pmpmy of tho City of Meridian, A'lyone d.:.iring tll:COllll\1oda~on ro.di<abililies rcluled to doeumenls ~ndfo.h"",'ing. plC-'Sc conlU~llhe City CleIk.s Office II !S!-443J 0110ll.'148 hours prior l<1 tho public m.ellng. 'I<>" TX CONFIRMA,.ON REPORT ** ( AS OF APR 09 '0417:57 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 04/09 17:50 887 0816 G3--S 02'49" 804 158 OK 02 04/109 17: 53 ID PRESS TR I BUNE EC --S 101 ' 27" 004 158 OK 03 04/08 17:55 21088886701 EC--S 01'26" 004 158 OK ---------~~----------~-----------------------~--------~-----------------------------~------- ? UfJ.)..L. V 05t- fay r () bit G /V1J11 U ~ f"j0a /11~& "I CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 13, 2004, at 7:00 p.m. City Council Chambers 1. fRoU-can Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain, St. Luke's Chaplain: 4. Adoption of the Agenda: 5. Consent Agenda: A. Tabled from April 6. 2004: Findings of Fact and Conclufliona of Law for Approval: AZ 03.021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-8 (PO) and C-G zones for proposed Redfeather E6tates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: EI. Tabled from April 6. 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-024 Request for reconsideration for revised Preliminary Plat approval of 302 building lots and 28 other lots on 90.29 acres in a proposed R.a (PO) zone for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: C. Tabled from April 6. 2004: Findings of Fact and Conclusions of law for Approval: CUP 03.041 Request for reconsideration for revised Conditional Use Permit for a Planned Development for single- family residential use with reduced setbacks, lot sizes, lot frontages, house sizes and increased block lengths for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: D'. Findings of Fact and Conclusions of Law for Approval: RZ 03- 013 Request for a Rezone of 5.51 acres from R-4 to C-N zones for Moridim City Cow>e;l All<Oth - Ajlri1 n. 2004 PIlt~ 1 of 1 Alllnllfcrials pre~...tr;d..r public mtdinlJll' oIlol! become prop<:rty ofllw CityofMcri<lio.1,. Anyono ~1I acrotDmodllliOll for di$l\bilitios relal<d to doaInloms lind/or b<llll'ing J'lMU colllad 1bo Cily Clotk.'a OffiC<l ~ 881-4433'" 10ll0l.48 bolll"lo pn...t<> Ihe pllblicmccting. ** TX CONFIRMATION REPORT ** AS OF APR 09 '04 18:37 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDJ:I STATUS 04 04/09 17:57 3810160 EC--S 00'52" 002 159 OK 05 04/09 17:59 PUBLIC WORKS EC--S 00'34" 002 159 OK 06 04/09 18:00 2084664405 EC--S 00'34" 002 159 OK 07 04/09 18:01 8841159 EC--S 00'34" 002 159 OK 08 04/09 18:02 2088840744 EC--S 00'34" 002 159 OK 09 04/09 18:03 POLICE DEPT EC--S 00'34" 002 159 OK 10 04/09 18:04 8985501 EC--S 00'33" 002 159 OK 11 04/09 18:05 LIBRARY EC--S 00'41" 002 159 OK 12 04/09 18:06 92083775449 EC--S 00'34" 002 159 OK 13 04/09 18:07 208 388 5924 EC--S 00'40" 002 159 OK 14 04/09 18:08 2088885854 EC--S 00'33" 002 159 OK 15 04/09 18:10 ALL AMERICAN INS EC--S 00'34" 002 159 OK 16 04/09 18:11 208 895 0390 EC--S 00'34" 002 159 OK 17 04/09 18:12 128300040 G3--S 00'43" 002 159 OK 18 04/09 18:13 208 387 5393 EC--S 00'38" 002 159 OK 19 04/09 18:14 ADA CTY DEUELMT EC--S 00'34" 002 159 OK 20 04/09 18:15 8885052 EC--S 00'34" 002 159 OK 21 04/09 18:18 POST OFFICE EC--S 00'52" 002 159 OK 22 04/09 18:19 IDAHO ATHLETIC C EC--S 00'34" 002 159 OK 23 04/09 18:21 887 0816 G3--S 01 ' 11" 002 159 OK 24 04/09 18:22 ID PRESS TRIBUNE EC--S 00'35" 002 159 OK 25 04/09 18:24 2088885701 EC--S 00'34" 002 159 OK 26 04/09 18:37 CHERRY LANE ----S 00'00" 000 159 BUSY THIS DOCUMENT IS STILL IN MEMORY --~~------------------~-------------------~------~----~------------------------------------- YLQA,\t,. YOSt" ttJ ( Yv'Dl1(/ {VD~a". - / VlatfS ~ CITY OF MERIDIAN PRE-GOUNCIL MEETING AGENDA Tuesday, Aprt113. 2004 at 4:30p.m. City Council Chambers 1. '~oll.call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. J~doption of the Agenda: 3. ''''ork Session I Presentation with Dr. Robert Freilich of ACHD: (* 60 minutes) ** TX CONFIRMATION REPORT ** 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DATE TIME TO/FROM 04/12 09:22 3810160 04/12 09:24 PUBLIC WORKS 04/12 09:26 2084664405 04/12 09:28 8841159 04/12 09:30 2088840744 04/12 09:32 POLICE DEPT 04/12 09:34 8985501 04/12 09:36 LIBRARY 04/12 09:38 92083776449 04/12 09:40 208 388 6924 04/12 09:42 2088886854 04/12 09:44 ALL AMERICAN INS 04/12 09:46 208 895 0390 04/12 09:48 128300040 04/12 09:50 208 387 6393 04/12 09:53 ADA CTY DEVELMT 04/12 09:55 8885052 04/12 09:57 CHERRY LANE 04/12 10:00 POST OFFICE 04/12 10:03 IDAHO ATHLETIC C 04/12 10:05 887 0816 04/12 10:08 ID PRESS TRIBUNE 04/12 10:10 2088886701 AS OF APR 12 '04 10:12 PAGE.01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S G3--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 02'23" 004 01'22" 004 01'22" 004 01'23" 004 01'22" 004 01'22" 004 01'21" 004 01' 51" 004 01'21" 004 01' 47" 004 01'22" 004 01'22" 004 01'22" 004 01'46" 004 01'46" 004 01'22" 004 01'22" 004 02'43" 004 02'22" 004 01' 22" 004 02'43" 004 01'23" 004 01'22" 004 CMDtf 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 167 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -----------------------------------------------~-------------------~------------------------ ? lto..~ YOS+- ~( fu h l/G- JUoV1 ~ ~ / hUWJt.? CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA TueSday, April 13, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Charlie Rountree Bill Nary Shaun Wardle Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Alex Chamberlain, Slluke's Chaplain: 4. Adoption of the Agenda: 5. Consent Agenda: WHITE PETERSON ATTORNEYS AT LAW KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GAIllIERT WM. F. GIGRAY. III T. GUY HALLMl .. JILL S. HOLINKA JOliN R. KORMANIK · WILLIAM A. MORROW WILLIAM F. NICHOLS .. WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SmTE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHrrE n. · Also admitted in CA .. Also admitted in OR ... Also admitted in WA May 20, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 RECEIVED MAY 2 0 2004 City Of Meridian City Clerk Office Re: SUTHERLAND FARM, INC. / SUTHERLAND FARM SUBDIVISION NO. 3/ FINAL PLAT - (FP-04-021) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols DC\Z:\Work\M\Meridian\Meridian 15360M\Sutherland Falm Sub No.3 FP 04-021\ClerkFPltr05 18 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SUTHERLAND FARM, INC., FOR APPROVAL OF 36 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS ON 12.9 ACRES IN AN R-4 ZONE FOR SUTHERLAND FARM SUBDIVISION NO.3, BY SUTHERLAND FARM, INC., LOCATED APPROXIMA TEL Y Y2 MILE EAST OF S. EAGLE ROAD ON THE NORTH SIDE OF E. EASY JET DRIVE (E. GIRDNER LN.). C/C 04/13/04 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-04-021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on April 13, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: April 13, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDNISION NO. 3/ (FP-04-021) Page 1 of 4 1. The Final Plat of"PLA T SHOWING SUTHERLAND FARM SUBDNISION NO.3, A PORTION OF THE SOUTHWEST y,; OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2004, DEVELOPER: SUTHERLAND FARM, INC., 3895 GIRDNET, MERIDIAN, IDAHO 83642, J-U-B ENGINEERS, INC., ENGINEERS SURVEYORS PLANNERS, BOISE, IDAHO, 11965FPl, 03/04/04, SHEET 1 OF 3", Sutherland Farm, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen for the Plmming and Zoning Department, dated: Hearing Date: April 13, 2004, listing 15 SITE SPECIFIC COMMENTS / FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 13, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department 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 stormwater 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 current best management practices for storm water disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO. 3/ (FP-04-021) Page 2 of 4 preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division OfEnviromnental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.2 Adopt the Recommendations of the Parks and Recreation Deparbnent as follows: 1. Pathway constructed to cunent pathway standards. 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: 1. 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 T AKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67 -8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FillALPLATFOR SUTHERLAND FARM SUBDIVISION NO. 3! (FP-04-021) Page 3 of 4 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 a judicial review as provided by Chapter 52, Title 67, Idaho Code. ~2*, By action of the City Council at its regular meeting held on the l:2 day of ----Ar f\ \ ,2004. Attest: Dated: 1YlCLl) 6)5,;)004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDNISION NO.3 / (FP-04-021) Page 4 of 4 MAYOR Tammy de WeeI'd ~ P r CITY OF .--... L/VLerldicrn <'\~ ." " \, V ~l /)l Y CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221] - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird William LM. NalY Shaun Wardle Charles M. Rountree IDAHO ! zmCE . 19G3 STAFF REPORT: Hearing Date: April 13, 2004 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Assistant City Plannerc)1l cd Bruce Freckleton, Senior Engineering Tech. ~ From: Re: Sutherland Farm Subdivision No.3 . Request for Final Plat Approval of 36 Single-family Residential Building Lots on 12.9 Acres in an R-4 Zone for Sutherland Farm Subdivision No.3, by Sutherland Farm, Inc. (File No. FP-04-021) 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, Sutherland Farm, Inc., has requested approval for the third phase of Sutherland Farm Subdivision. This phase consists of 36 single-family residential building lots and 8 common area lots on 12.9 acres in an R-4 zone. The gross density of Phase No. 3 is approximately 2.79 dwelling units/acre. The net density is approximately 5.23 dwelling units/acre. Sutherland Farm Subdivision No.3 is located approximately Yi mile east of S. Eagle Road on the north side ofE. Easy Jet Drive (E. Girdner Ln.). A Conditional Use Permit for a Planned Development was approved for this project which allowed for the minimum lot size to be reduced to 6,500 s.f. for detached homes. The final plat that was submitted shows three less lots than was approved on the preliminary plat. Two of these were in Block 12, and one was in Block 11. Staff has no objection to this change. Exhibit' A' Page 1 of 5 Mayor & City Council Hearing Date: April 13, 2004 Page 2 of 5 Staff recommends approval of the third phase of Sutherland Farm Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTSIFINAL PLAT 1. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-004), Planned Development (CUP-02-005), and Development Agreement (lnst. #102143307). 2. The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 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 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 Meridian City Engineer. 3. Fencing shall be constructed in conformance with Preliminary Plat Findings of Fact and Conclusions of Law No.3, page 4 and MCC 12-4-10. 4. No more than 101 building permits shall be issued within Sutherland Farm Subdivision until a secondary emergency vehicle access to Eagle Road is completed. Secondary access road shall be built in accordance to Meridian Fire Department loading requirements. 5. Sanitary sewer service to this site shall be via mainline extension from main lines installed for phase one. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. Municipal water service to this site shall be via main line extensions from main lines installed for phase one. Applicant will be responsible to construct the water mains to and through this proposed development. 7. 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. 8. Complete the Certificate of Owners and its accompanying Acknowledgement. 9. Graphically depict an 8-foot wide Public Utilities, Irrigation and Drainage Easement along the east side of Lot 15, Block 11. This extra width is required due to the location of a pressure irrigation main. 10. Graphically depict a lO-foot wide building setback along the north side of Lot 9, Block Exhibit 'A' Page 2 of 5 Mayor & City Council Hearing Date: April 13, 2004 Page 3 of5 11, and make reference to plat note 15. 11. There are numerous discrepancies between the Legal Description of the Certificate of Owner's and the corresponding data shown on the face of the plat. Please make all necessary corrections so that the two match. 12. Complete the recording information of Sutherland Farm Subdivision No.2 on the face of the plat. 13. Please revise the Landscape Plan as follows: a. Revise the fencing plan to be in conformance with Preliminary Plat Finding #3 which states that fencing adjacent to pathways shall not be over three feet in height if constructed of a solid material, and shall not be more than four feet in height if it is non-sight obscuring. This requirement applies only to the fencing adjacent to the pathway along the Ridenbaugh Canal, not the micropath fencing. b. Remove boIlards on Lot 10, Block 11 and provide a 20-foot wide improved surface for an emergency fire access road capable of supporting 70,000 lbs. Turning radius must be 28-feet measured on the inside and 48-feet on the outside. 14. Please add or revise the following plat notes: (1.) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations ofthe City of Moridian, Idaho. Title 11 and Title 12 of the Meridian City Code unless otherwise modified by Conditional Use Permit (CUP-02-005), which allowed for a reduction in lot size. (10.) Complete recording information. (12.) Complete recording information. (13.) Add Lot 12, Block 11 as a common lot. 15. Staffs 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. GENERAL REQUIREMENTS 1. 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 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. Exhibit' A' Page 3 of 5 Mayor & City Council Hearing Date: April 13,2004 Page 4 of5 2. Any existing domestic wells andlor 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. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-Hundred-fifty watt (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 andlor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the PublicW orks Department prior commencing installations. 5. 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. 6. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7 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. 8. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 10. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. II. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. Exhibit 'A' Page 4 of5 Mayor & City Council Hearing Date: April 13, 2004 Page 5 of5 RECOMMENDATION Staff recommends approval of the final plat for Sutherland Farm Subdivision No.3 with the above stated comments and conditions. Exhibit <A' Page S ofS RECEIVED MAY 1 9 2004 WHITE PETERSON City Of Meridian City Clerk Office ATTORNEYS AT LAW KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIORA Y. 111 T. Guy HALLAM .. JILL S. HOLlNKA JOHN R. KORMANIK · WILLIAM A. MORROW WILLlA.\I F. NICHOLS .. WHITE PETERSON, P.A. CANYON PARKA T THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 F A}( (208) 466-4405 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... · A Iso admitted in CA .. Also admitted in OR ... Also admitted in WA May 19, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: KEVIN HOWELL / FULFER SUBDIVISION NO.2 J FINAL PLAT - (FP- 04-020) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols DC\Z:\ Work\M\Meridian\Meridian I 5360M\Fulfer Sub No.2 FP 04-020\ClerkFPltr 05 18 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 04/13/04 IN THE MATTER OF THE ) APPLICATION OF KEVIN ) HOWELL CONSTRUCTION, FOR ) APPROVAL OF 47 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND TWO COMMON LOTS ) ON 14.32 ACRES OF LAND FOR ) FULFER SUBDIVISION NO. 2.~ ) LOCATED ON THE NW CORNER ) OF N. LINDER ROAD AND W. ) MCMILLAN ROAD IN THE SE ~ ) OF SECTION 26~ TAN., R.IW ) ) CASE NO. FP-04-020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on April 13, 2004, and the Council finding that the Administrative Review is complete from Steve Siddoway for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: April 13, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLA T SHOWING FULFER SUBDIVISION NO.2, A PORTION OF THE NOR TH ~ OF THE SOUTH 11 OF THE SOUTHEAST y,; OF SECTION 26 TOWNSHIP ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDNISION NO.2 I (FP-04-020) Page 1 of4 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2004, DEVELOPER: KEVIN A. HOWELL, 4822 N. ROSEPOINTE WAY, SUITE C, BOISE, IDAHO, 83713, (208) 890-0850, J-U-B ENGINEERS, INC., ENGINEERS SURVEYORS PLANNERS, BOISE, IDAHO, GAL\11970FPl.DWG, 03/15/04 HANDWRITTEN DATE: DATED 03/16/04, SHEET 1 OF 3", Kevin Howell Construction, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Teclmician ill, and Steve Siddoway for the PlaMing and Zoning Department, dated: Hearing Date: April 13, 2004, listing 12 SITE SPECIFIC COMMENTS / FINAL PLAT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 13, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department 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 stormwater 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 current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.2 / (FP-04-020) Page 2 of 4 1. State ofIdaho Catalog of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality~ July 1997. 2. Stormwater 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 ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. 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. 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- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDIVISION NO.2 / (FP-04-020) Page 3 of4 eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. \3*' By action of the City Council at its regular meeting held on the day of 4(\ \ ,2004. Attest 7. !!? _ C: Qi:::- William G. Berg, Jr., City . erk % 1"0 QU,si 1S\ ,'" P j ~... ~ s:> "? ,,' Copy served upon Applicant, the PI~tinfu~ia1YdZd;jrtg'bepartment, Public Works Department, i(; :-'~,', It \q\ and City Attorney. 'd", ' By: i~ ~ 0 n (\"-J Dated: ffif't \ j 2 I, 2004 Dc\Z:\Work\M\Meridian\Meridian 1 5360M\Fulfer Sub No.2 FP 04-020\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FULFER SUBDNISION NO.2 / (FP-04-020) Page 4 of 4 J MAYOR Tammy de Weerd ~~ /C1TYOF c,.. VVLerldian '" .". '" >0, ~I fl P / ~ . ; 1903 LEGAL DEPARTMENT (208) 466-9272 .Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884"5533 . FAX 888-6854 CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree IDAHO STAFF REPORT: Hearing Date: April 13, 2004 To: Mayor, City Council and Planning & Zoning Commission Steve Siddoway, Principal City Planner ~~ Bruce Freckleton, Senior Engineering Tech~ Fulfer Subdivision No.2 Final Plat approval of Forty-Seven (47) Single-Family Residential Building Lots and Two (2) Common Lots on 14.32 Acres in an R-4 Zone, by Kevin Howell Construction (File No. FP-04-020). From: Re: We have reviewed the above referenced submittals 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 The applicant, Kevin Howell Construction, has applied for Final Plat approval of 47 single- family residential building lots and two common lots on 14.32 acres of land for Fulfer Subdivision No.2. This is the second phase in what has been known in the past as Kelly Creek Subdivision. During the recording of the first phase, the name Kelly Creek was not allowed by the County Engineer, so the name was changed by the applicant to Fulfer Subdivision. The current zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The application incorrectly states the zoning as R-4; staff has verified per annexation ordinance 03-1053 that the zoning is R-8. This subdivision will have a gross density of 3.28 d.u./acre and a net density of 4.59 d.u./acre. The common lots within the subdivision consist of an open space/drainage lot (Lot 7, Block 9) and a micropath lot (Lot 7, Block 3). Both lots will be owned and maintained by the Fulfer Neighborhood Association. The pressurized irrigation system within this development will be owned and maintained by Settler's Irrigation District. EXHIBIT 'A' Page 1 of6 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13,2003 Page 2 The submitted final plat shows a reduction in open space when compared to the preliminary plat as follows: · The micropath lot (Lot 7, Block 3) has been narrowed from 20 feet to 15 feet. · The open space/drainage lot (Lot 7, Block 9) has been reduced by about 5 feet on the east side and by about 35 feet on the west side. This is equivalent to about 0.1 acres of open space less than the Preliminary Plat. The Preliminary Plat had 7.59 acres (9.51 %) open space and the full acreage of open space was made a condition of the CUP. The applicant should demonstrate how the reduced open space will be made up in this phase or future phases prior to approval of the final plat. The following minor change is also proposed by the applicant and is recommended for approval by staff; · Along the west boundary, Lot 6, Block 8 was increased from 64 feet wide to 76 feet wide. Lots 2-8- were decreased from 80 feet to 72-.::J-6 feet wide. All lots still meet the minimum lot size and frontage approved with the Planned Development for Fulfer (Kelly Creek) Subdivision. A Conditional Use Permit/Planned Development was approved for the proposed subdivision which allowed for a mix of residential and commercial uses in the R-8 zone, reduced lot sizes, reduced frontage requirements, and an allowance for blocks within the subdivision to exceed the maximum block length of 1,000 feet. Staff recommends approval of the final plat for Fulfer Subdivision No.2, upon resolution of the reduced open space, with the comments and conditions stated in this report. LOCATION The proposed Fulfer Subdivision No.2 is located on the NW corner of N. Linder Road and W. McMillan Road in the SE l;4 oiSection 26, T.4N., R.1W. SURROUNDING PROPERTIES North: Recently approved Lochsa Falls Subdivision (single-family residential), zoned R-4. West Recently approved Lochsa Falls Subdivision (single-family residential), zoned R-4. East Phase 1 of Fulfer (Kelly Creek) Subdivision, zoned R-8. South: Future phase of Fulfer (Kelly Creek) Subdivision, zoned R-8 and L-O. EXHIBIT' A' Page 2 of 6 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13, 2003 Page 3 EXHIBIT 'A' Page 3 of6 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13, 2003 Page 4 SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved conditional use permit (CUP-03-028), preliminary plat (PP-03-014) and Development Agreement (lnst. No.1 03181095). 2. The applicant has indicated that the Settler's 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. 3. Micropath fencing shall comply with the requirements ofMCC 12-13-15-9. All fencing for the project shall be reduced to three feet in height within twenty feet of the right-of- way. 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 5. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. 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. 6. Complete the Certificate of Owners and accompanying Acknowledgment pnor to signature on the final plat. 7. 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. 8. Revise or add the following notes to the face of the plat: (11.) Complete recording information. (12.) Complete recording information. (13.) Revise last sentence to read: "The landscaping of said micropath shall conform to Meridian City Ordinance 12-13-15. Fencing adjacent to the micro path shall conform to Meridian City Ordinance 12-13-15-9." EXHIBIT' A' Page 4 of 6 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 13, 2003 Page 5 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. Graphically depict a IS-foot wide easement along the western boundary, this extra width is necessary due to the location of pressurized irrigation. 11. Please clarify the significance of the points that are referenced in the blow-up detail for the southeast comer of Lot 5, Block 6. 12. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shan 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, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2. 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. 3. 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. 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'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. 6. Coordinate fire hydrant placement with the City of Meridian's W ater Works Superintendent. 7. 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 EXHIBIT' A' Page 5 of 6 Planning & Zoning CommissionlMayor & City Council Hearing Date: April 13, 2003 Page 6 were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. ST AFF RECOMMENDATION Staff recommends approval of the final plat for Fulfer Subdivision No.2, upon resolution of the reduced open space, with the above stated comments and conditions. EXHIBIT' A' Page 6 of 6 RE EIVED MAY 1 8 2004 City Of Meridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAW KEVIN E. DINIUS JULIE KLEIN FISCHER CH1USTOPHER D. GABBERT WM. F. GIGRAY, ur T, GUY HALLAM ** JILL S, HOLlNKA JOHN R. KORMANIK * WILLIAM A. MORROW WILLIAM F. NICHOLS .. WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NA,....lPA, IDAHO 83687-7901 TEL (208) 466-9272 F A..X (208) 466-4405 CURISTOPHER S. NYE PHILtP A. PETERSON TODD A. ROSSMAN TERRENCE R. WllITE.n · Also admitted in CA .. Also admitted in OR ... Also admitted in W A May 18, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: DIRK MARCUM / SAGECREST SUBDIVISION / FINAL PLAT - (FP-04- 019) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols dc\Z:\ WOl'k\M\Meridian\Meridian I 5360M\Sagecrest Subdivision FP 04-0 19\ClerkFP Itr 05 17 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 04/13/04 IN THE MATTER OF THE ) APPLICATION OF DIRK MARCUM ) FOR APPROVAL OF FORTY - ) EIGHT (48) RESIDENTIAL ) BUILDING LOTS, EIGHTEEN (18) ) COMMERCIAL BUILDING LOTS ) AND ELEVEN (11) COMMON LOTS ) ON 14.58 ACRES IN AN L-O ZONE ) FOR SAGECREST SUBDIVISION, ) LOCATED APPROXIMATELY ~ ) MILE EAST OF S. LOCUST ) GROVE ROAD ON THE SOUTH- ) WEST CORNER OF E. OVERLAND ) ROAD AND S. MILLENIUM WAY, ) IN THE NW ~ OF SECTION 20, ) T.3N., R.IE. ) CASE NO. FP-04-019 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on April 13, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: City Council Date: April 6, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGECREST SUBDNISION I (FP-04-019) Page 1 ofS IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SAGE CREST SUBDIVISION A RESUBDIVISION OF LOT 6 , BLOCK 1, RESOLUTION SUBDIVISION NO. 1 LYING IN THE NW J.4 SECTION 20, T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2004, SAGECREST LLC, DEVELOPER, BOISE, IDAHO BRIGGS ENGINEERING, INC., CONSULTING ENGINEERS, BOISE, IDAHO, SHEET 1 OF 4, PRO] NO. 3041O-PLT.DWG BEB, DATE: 03/01/04, HANDWRITTEN DATE: 03/01/04", Dirk Marcum, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen for the Planning and Zoning Department, dated: City Council Date: April 6, 2004, listing 14 SITE SPECIFIC REQUIREMENTS and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their April 13, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department 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 stormwater 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGECREST SUBDNISION I (FP-04-019) Page 2 of 5 should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Envirorunental Quality, July 1997. 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.2 Adopt the comments ofthe Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation wishes to withhold all comments on the above-mentioned project until all License Agreements for encroachment on the Hunter Lateral as well as the Urban Contract being signed and approved by the Board of Directors ofNampa & Meridian Irrigation District. Once these requests are complete Nampa & Meridian Irrigation District would have no further comment on this project to go forward for final approval. 2. All storm water is being retained onsite; this is acceptable to the District. 3. The pressure irrigation is being hooked-up to an existing pump station. The pump curves will have to be checked to ensure adequate pressure for this project. Our engineer suggests that a six (6)~inch line be looped around the entire perimeter of this project in order to ensure adequate pressure for this proj ect. 4. You have also spec'd out three (3)-inch irrigation lines for the main line. N ampa & Meridian Irrigation District's minimum size is four (4)-inch. Three (3)-inch is an odd ball size and hard to find parts for at times. There are also two (2) dead- end lines. One, south and east of the pool area with the other one is north and west ofthe pool area. The two (2)-inch lines ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGECREST SUBDNISION I (FP-04-019) Page 3 ofS will have to be examined to make sure that they will produce adequate pressure for the number of services on them. 2. The final plat upon which there is contained the Certification and signature ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. 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. 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 ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGECREST SUBDIVISION I (FP-04-019) Page 4 of5 By action of the City Council at its regular meeting held on the l3-th day of ~ ApiLl ,2004. Attest: c/bA-: William G. Berg, Jr., City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. B~~ Dated: \f\CUj \ 8;. LC04- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAGECREST SUBDIVISION / (FP-04-019) Page 5 of 5 j MAYOR Tammy de Weerd ~ U r CITY OF ~". -,~.~. ~Lerldian .,~\ ~ IDAHO ~ A j. ;~Q /' } '~i _It'. -p___. .__. ~l,' 1$:i-::: ~IWir, 1903 CITY HALL (208) 888.4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887.221 [ - Fax 898.9551 CITY COUNCIL MEMBERS Keith Bird William L.M. NalY Shaun Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466.9272 - FAX 466-4405 STAFF REPORT: City Council Date: April 6, 2004 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Planner I JIl Bruce Freckleton, Senior Engineering Tech ~ Sagecrest Subdivision From: Re: · Request for Final Plat Approval of Forty-eight (48) Residential Building Lots, Eighteen (18) Commercial Building Lots and Eleven (11) Common Lots on 14.58 Acres in an L-O Zone for Sagecrest Subdivision, by Dirk Marcum and Michael Riggs (File No. FP-04-019) 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 applicants, Dirk Marcum and Michael Riggs, have requested approval for Sagecrest Subdivision, located approximately I,4mile east of S. Locust Grove Road on the south-west corner ofE. Overland Road and S. Millenium Way, in the NW 1,4 o:fSection 20, T.3N., R.1E. This subdivision includes 48 multi-family residential building lots, 18 commercial building lots, and 11 common lots on 14.58 acres of land in an L-O zone. The residential lots consist of 48 four-plexes containing a total of 192 multi-family units. The commercial portion contains 18 office lots. The common lots will consist of landscape, open space, and drainage. The proposed Sagecrest Subdivision is a re-subdivision of Lot 6, Block 1, Resolution Subdivision No. 1. The preliminary plat was approved under the name of Maverick Subdivision. The submitted final plat substantially complies with the approved preliminary plat (PP-03- 030). Lot 42, Block 1, was shown as an office building lot on the preliminary plat but is now Exhibit 'A' Page I of 4 Mayor & City Council Hearing Date: April 6, 2004 Page 2 of 4 a drainage lot. Staff has no objection to this change as it increases open space and does not add any building lots. Staff recommends approval of the final plat for Sagecrest Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-030) and development agreement (Inst. No. 100056508). 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. 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. Side slopes within drainage areas shall not exceed 3: 1. A drainage plan designed by a State ofIdaho 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 provides written authorization prior to development plan approva1. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Water system shall be approved and activated, pressurized irrigation system approved and activated, and drainage lots constructed prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all required amenities, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. Temporary construction fencing shall be installed around perimeter of development where none currently exists. 6. The Landscape Plan dated 3/11104 prepared by Brooks Design Group needs to be revised as follows: a. Species for individual trees/plants must be called out on plan. b. Trees must be shown on all planter islands that are not used for storm drainage, including trash enclosure islands. Exhibit 'A' Page 2 of 4 Mayor & City Council Hearing Date: April 6, 2004 Page 3 of 4 c. Include and define a symbol in the planting schedule representing the hatched lines shown on islands. Planter islands shall be vegetated in accordance with MCC 12-13-11-3E. d. Add contours for all storm drainage areas. 7. Sanitary sewer service and municipal water to this development shall be via extensions from mains installed with the Resolution Subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. 8. 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. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. The applicant has indicated that this development will be a continuation of the existing Nampa & Meridian Irrigation District's pressure irrigation system serving the Resolution Subdivision. 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 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 Meridian City Engineer. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. The overall boundary distance shown along Lot 8, Block 1 of Resolution Subdivision No.1 doesn't match the sum of the segments. Please make the necessary corrections. 13. Please add or revise the following plat notes: Add note: "Lot 42, Block 1, is a landscape/drainage lot to be owned and maintained by the Sagecrest Homeowners Association, or its assigns." Revise Instrument No. on note #9 to read: 100056509li. Revise Note 14. - A blanket easement can not be created over the entire development. A blanket public utilities, irrigation and drainage easement may be created over the common drive Lot 60, Block 1, however specific easements will be required everywhere else for public utilities, irrigation and drainage. 13. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. Exhibit 'A' Page 3 of 4 Mayor & City Council Hearing Date: April 6, 2004 Page 4 of 4 GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project 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 inigation.) 3. Install 25D-watt and lOO-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian CitylRural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. Exhibit 'A' Page 4 of 4 MAYOR Tammy de Wccrd ?\L(1geii~St tOr' RLb\ rL ~O~,c.G. ~1ll():::\~.~..s-~\ ,'~ . . cUe;;dlr:n. ~\ v ;.. IDAHO It' 'l-(" C''''~ell .. ,e.~ g/ .!>I., IREASURG V ~ S~NC.E J 19D3 LEGAL DEPARTMENT (208) 466-9272 . FAX 466.4405 PARKS & RECREATION (208) 888.3579 . Fax 898-5501 PUBLIC WORKS (208) 898.5500' Fax 887.1297 BUILDING DEPARTMENT (208) 887.22 I 1 . Fax 887.1297 PLANNING & ZONING (208) 884.5533 . Fax 888.6854 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird CITY OF MERIDIAN SOILD WASTE AD-HOC ADVISORY COMMITTEE NOTICE IS HEREBY GIVEN that the City of Meridian Solid Waste Ad-Hoc AdvisorY Committee will hold a meeting at Sanitary Services Company Office, 2130 W. Franklin Road, Meridian, Idaho (888-3999) on Thursday, April 15, 2004 at 7:00 A.M. The agenda will be as follows: 1. Roll-call Attendance. 2. Discussion of Recycling Fund. 3. Discussion of City Ordinances and use of can stickers. 4. Schedule of Future Meetings: The public is welcome to attend the meeting. DATED this 13th day of April, 2004. -" " Solid Waste Ad-Hoc Advisory Committee Meeting - April 15, 2004 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for related documents and f or hearing, please contact the 33Citv C!erk'sAO,.ffi1 cEl.a.tB8B::4433atJe.a$t 48 hours prior to the public meeting. ;-EA..Sr 1D .HU AVENUE. MERIVlAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888.42[8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887"4813 CITY OF MERIDIAN SOLID WASTE AD-HOC ADVISORY COMMITTEE REGULAR MEETING AGENDA Thursday, April 15, 2004, at 7:00 a.m. @ Sanitary Services Company Office 2130 W. Franklin Road Meridian, Idaho 208-888-3999 1. Roll-call Attendance: Nancy Slonaker Leslie Howard Gary Smith Charlie Rountree Bill Nichols Steve Sedlacek Bill Gregory 2. Adoption of the Agenda: 3. Discussion of the Recycling Revenue Fund: 4. Discussion of City Ordinances and Use of Can Stickers: 5. Schedule of Future Meetings: Solid Waste Ad-Hoc Advisory Committee Meeting -April 15, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and lor hearings, please contact the City Clerk's Office at 888-4433 at [east 48 hours prior to the public meeting_ ! MAYOR Tammy de Weerd ~p ,;'" CITY OF \.-/VI erldicrn?' ->,.~ . -{I "'~ ';(, V f" Y ..d SINCE ! 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Shnun Wardle William L. M. Nary Charles M. Rountree Keith Bird .>. 'I-~ C''" 0-el/ ....'1 '11lu TREASURE V ~ IDAHO CITY OF MERIDIAN SOILD WASTE AD-HOC ADVISORY COMMITTEE NOTICE IS HEREBY GIVEN that the City of Meridian Solid Waste Ad-Hoc Advisory Committee will hold a meeting at Sanitary Services Company Office, 2130 W. Franklin Road, Meridian, Idaho (888-3999) on Thursday, April 15, 2004 at 7:00 A.M. The agenda will be as follows: 1 . Roll-call Attendance. 2. Discussion of Recycling Fund. 3. Discussion of City Ordinances and use of can stickers. 4. Schedule of Future Meetings: The public is welcome to attend the meeting. \\\\\\111111111/ \\\\ .- M /111 "~,I &1 0, ,[:,9',...... 11// " /, '\ '....1/. /,.- -$'" c} t\POR '1.-t- \. ~ c,o ;.q~ ~ :: ~ 0 S ~ ~ DATED this 13th day of April, 2004. SaUd Waste Ad-Hoc Advisory Committee Meeting - April 15, 2004 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for related documents and lor hearing, please contact the 33Citv Clel:k'sAQffice..at888-4433 at le.ast 48 hounuriorto the I?ublic meeting. ,-EASTUJ .HO AVENUE' MERiDIAN, IDAHO 83642 · (208) 888-4433 City Clerk Oft1ce Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 ) MAYOR Tammy de Weerd ~p / CITY OF VVlerldicrn" IDAHO LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-550! PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 [ . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird CITY OF MERIDIAN SOJLD WASTE AD-HOC ADVISORY COMMITTEE NOTICE IS HEREBY GIVEN that the City of Meridian Solid Waste Ad-Hoc Advisory Committee will hold a meeting at Sanitary Services Company Office, 2130 W. Franklin Road, Meridian, Idaho (888-3999) on Thursday, April 15, 2004 at 7:00 A.M. The agenda will be as follows: 1. Roll-call Attendance. 2. Discussion of Recycling Fund. 3. Discussion of City Ordinances and use of can stickers. 4. Schedule of Future Meetings: The public is welcome to attend the meeting. \\\\\11111111/1/ \\\\ .- ,"-" 1III ,'\' ~l O. rv:CF;;t,) I", ", ,...,.... '.....Z' '/ ....' c} '-1. -;. ~ cp'f'.,POR;<J;; .1.. ~ ~ ~ f:()-:;. , - ~ ~ DATED this 13th day of April, 2004. William G. Berg, Jr. - City Clerk ~/. OJ!;} ~ ~ v,s " ~ (}.d1 .,.. ls1 ' v'. . .......... .:;' t;").. ~ ,'~" /.... 00 ,<:"-,,,' '.... I ",,~-,f ~ Y ,.....' //'11 .~ Jj-... ~ '~ ~ ..\\\\\. 1'1; . ; .. ~ ; i Ii l' \ l. I Solid Waste Ad-Hoc Advisory Committee Meeting - April 15, 2004 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for related documents and I or hearing, please contact the 3 3Citv Clerk'sAOffiC€l..atB88:-4433 at le.alit 48 h ou r~prior to the gublic meeti ng. In1\STID .HO AVENUE. MERlDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 13, 2004 at 4:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle + Bill Nary I Charlie R,~.mtree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: CFlfY'Vv-.ecL 3. Work Session I Presentation with Dr. Robert Freilich of ACHD: (* 60 minutes) jJnR f ~Jvfe d 4. Mayor's Report: '7)--O/n..j?-bh~ li?A~ ~;?t)rf - Fr/~ Cawl-e'j ('" 60 minutes) 5. Discussion of Sign Ordinance Issues: (* 15 minutes) p~J.e-wfah;;V 6.j J17-<' Whnf?JJf-/i1/YV * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - April 13, 2004 Page 1 of 1 All materials presented at public meetlngs shall become properly 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. April 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 13, 2004 ITEM NO. 3 REQUEST Work session / Presentation with Dr. Robert Freilich of ACHD AGENCY COMMENTS CITY CLERK: See attached 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: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Mayor's Report April 13, 2004 ITEM NO. L( AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE oePT: 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: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. April 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT April 13, 2004 ITEM NO. ~C:; REQUEST Discussion of Sign Ordinance Issues AGENCY COMMENTS CITY CLERK: See attached 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: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented af public meetings shall become property of the City of Meridian. ?lp~ YDSt- yc, ~U~\,[ v /\jO'ti~ -/V1tiiJV\(Sl~ MAYOR Tammy de Weerd ~p fCJTYOF ~ '-/Ylerldiin "~~;'\, ~ IDAHO f .A I/' ~ . /)Y C'e~ F 'l 'ilk TREASURl'. Y#~~ ~SIHr::E ! 1903 LEGAL DEPARTMENT (208) 466.9272 . FAX 466.4405 PARKS & RECREATION (208) 888.3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 . Fax 887.1297 BUILDING DEPARTMENT (208) 887-221 I' Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888.6854 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, April 13, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Work Session I Presentation with Dr. Robert Freilich of ACHO Mayor's Report Discussion of Sign Ordinance Issues The public is welcome to attend the meeting. DA TED this 9lh of April, 2004. 33 EAST IDAHO AVENUE · MERIDIAN, IDAHO 83642. (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 ~Ltcc~~Ds+-fo( pJb(j'u rVDf1~,/ ~Thavt6 ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, April 13, 2004 at 4:30 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Work Session I Presentation with Dr. Robert Freilich of ACHD: (it 60 minutes) 4. Mayor's Report: (it 60 minutes) 5. Discussion of Sign Ordinance Issues: ('" 15 minutes) '" Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - April 13, 2004 Page 1 of 1 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.