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HomeMy WebLinkAbout2008-10-07(:>'WER IDIANI IDAHO • Revised 10-7-08 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 7, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bob Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: 5. Proclamation for National Arts and Humanities Month: 6. Consent Agenda: A. Approve Minutes of July 28, 2008.City Council Joint Meeting: B. Approve Minutes of August 5, 2008 City Council Special Meeting: C. Approve Minutes of September 2, 2008 City Council Regular Meeting: D. Approve Minutes of September 9, 2008 City Council Regular Meeting: E. Approve Minutes of September 16, 2008 City Council Workshop Meeting: Meridian City Council Meeting Agenda — October 7, 2008 Page 1 of 6 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 10-7-08 F. Approve Minutes of September 23, 2008 City Council Regular Meeting: G. Approve Minutes of September 30, 2008 City Council and Planning and Zoning Commission Joint Meeting: H. Tabled from September 23, 2008: Findings of Fact and Conclusions of Law for Denial: AP 08-004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone . by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: I. Approve Transportation Project Request List from Planning- Department: lanningDepartment: J. Ratify Art in Public Spaces Purchasing Agreement — "Old East Meridian" by Dwight Williams: K. Ratify Art in Public Spaces Purchasing Agreement — "A Warm Evening" by Gregg Russell: L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: M. Findings of Fact and Conclusions of Law for Approval: PP 08- 001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning. Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 West Waltman Lane: N. Findings of Fact and Conclusions of Law for Approval: RZ 08- 003 Request for Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center by DBSI Meridian 184 LLC — 1250 W. Overland Road: .O. Resolution No. : Appointment to Valley_ Regional Transportation Authority: P. Resolution No. : CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential to Mixed Use -Regional for Meridian City Council Meeting Agenda— October 7, 2008 Page 2 of 6 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 10-7-08 Meridian and Amity by Hawkins Companies — Northwest Corner of West Amity Road and South Meridian Road: Q. Resolution No. : CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to High Density Residential for Biskay by Greg Johnson — south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: R. Resolution No. : CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics by DBSI Meridian 184 LLC and Herman -Treasure Valley Business Park I LLC — 1250 W. Overland Road: S. Resolution No. : CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use — Community for Janicek Ten Mile / Chinden Property by Janicek Properties, LLC — Southwest Corner of North Ten Mile Road and West Chinden Boulevard: T. Resolution No. : CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 10 acres for Zamzows Chinden by JR, LLC — south side of Chinden Boulevard, approximately'/ mile east of Meridian Road: U. Resolution No. CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use — Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential (9+/- acres) for Kartchner by Richard Kartchner — 4325 and 4315 North Ten Mile Road: V. Resolution No. : VAC 08-003 Request to Vacate note #6, which prohibits direct lot access to Eagle Road and Pine Avenue, on the recorded plat for Porky Park Subdivision No. 1 for Jacksons Food Store #105 by Jacksons Food Stores, Inc. — 3291 East Pine Avenue: W. Union Pacific Supplemental Agreement: Meridian City Council Meeting Agenda - October 7, 2008 Page 3 of 6 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. Revised 10-7-08 X. Addendum to Development Agreement: MI 08-0.02 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 — Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Y. Change Order No. 2 with Knife River for Black Cat Trunk Sewer Phase 4 for $16,358.00: Z. Cooperative Agreement for Water Main (UPRR Crossing) at Lewis and Clark Middle School for a Cost Not to Exceed $71,700: AA. Approve Beer and Wine License Application for McTime Coffeehouse at 2951 East Overland Road: BB. Agreement for Independent Contractor Services for Test Well No. 28 (Construction) with Treasure Valley Drilling and Pump for $99,485.00 with a spending authority for a 10% contingency amount of $9,950.00: 7. Department Reports: A. Public Works Department: 1. PW Department Reorganization B. Legal Department: 1. Tabled from September 23, 2008: Detox Center Agreement: 8. Items Moved from Consent Agenda: 9. FP 08-016 Request for Final Plat approval for 5 building lots and 1 common lot on 4.80 acres in a C -G zone for Emerson Park Subdivision by Kuna Victory, LLC — 130 East Victory Road (Lot 4, Block 1 of Mussell Corner): 10. Continued Public Hearing from September 9, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated _Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: Meridian City Council Meeting Agenda — October 7, 2008 Page 4 of 6 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 10-7-08 11. Continued Public Hearing from September 9, 2008: AP 08-005 Request for City Council Review for an Appeal of the Planning Director's denial of Instant Equity Auto's request for Certificate of Zoning Compliance approval (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district for Instant Equity Auto by The Land Group — 1065 East Fairview Avenue: 12. Public Hearing: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: 13. Public Hearing: PP 08-003 Request for Preliminary Plat approval of 139 lots including: 118 residential lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: 14. Public Hearing: AZ 08-011 Request for Annexation and Zoning of 2.953 acres from the R1 to the R-8 zoning district for Sgroi by Nunzio Sgroi — 4405 East Ustick Road: 15. Public Hearing: AP 08-006 Request for City Council Review of the Planning and Zoning Commission's decision to restrict the hours of operation for the Maverik convenience store and fuel sales facility to the hours between 6 a.m. and 11 p.m. / 7 days a week to allow it to operate 24 hours a day / 7 days a week for Maverik — Locust Grove/McMillan by Landmark Engineering & Planning, Inc. — Northeast Corner of North Locust Grove Road and East McMillan Road: 16. Public Hearing: TE 08-018 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for Chesterfield Subdivision No. 2 by Centennial Development, LLC — south side of West Pine Avenue between North Black Cat Road and North Ten Mile Road: Meridian City Council Meeting Agenda — October 7, 2008 Page 5 of 6 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 10-7-08 17. Public Hearing: TE 08-017 Request for approval of an 18 month Time Extension to record the Final Plat for Irvine Subdivision by Dyver Development, LLC — Southeast Corner of North Ten Mile Road and West Chinden Boulevard: 18. Public Hearing: TE 08-016 Request for approval of an 18 month Time Extension to record the Final Plat for Ambercreek Subdivision No. 2 by Dyver Development, LLC — North Meridian Road and West McMillan Road: ' 19. Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student), (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency), (d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code), & (fl — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — October 7, 2008 Page 6 of 6 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. E IDIANt-- IDAHO Revised 10-7-08 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 7, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bob Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: 5. Proclamation for National Arts and Humanities Month: 6. Consent Agenda: A. Approve Minutes of July 28, 2008 City Council Joint Meeting: B. Approve Minutes of August 5, 2008 City Council Special Meeting: C. Approve Minutes of September 2, 2008 City Council Regular Meeting: D. Approve Minutes of September 9, 2008 City Council Regular Meeting: E. Approve Minutes of September 16, 2008 City Council Workshop Meeting: Meridian City Council Meeting Agenda — October 7, 2008 Page 1 of 6 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 10-7-08 F. Approve Minutes of September 23, 2008 City Council Regular Meeting: G. Approve Minutes of September 30, 2008 City Council and Planning and Zoning Commission Joint Meeting: H. Tabled from September 23, 2008: findings of Fact and Conclusions of Law for Denial: AP 08-004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: I. Approve Transportation Project Request List from Planning Department: J. Ratify Art in Public Spaces Purchasing Agreement — "Old East Meridian" by Dwight Williams: K. Ratify Art in Public Spaces Purchasing Agreement — "A Warm Evening" by Gregg Russell: L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: M. Findings of Fact and Conclusions of Law for Approval: PP 08- 001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 West Waltman Lane: N. Findings of Fact and Conclusions of Law for Approval: RZ 08- 003 Request for Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center by DB'SI Meridian 184 LLC — 1250 W. Overland Road: O. Resolution No. Appointment to Valley Regional Transportation Authority: P. Resolution No. : CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential to Mixed Use -Regional for Meridian City Council Meeting Agenda — October 7, 2008 Page 2 of 6 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 10-7-08 Meridian and Amity by Hawkins Companies — Northwest Corner of West Amity Road and South Meridian Road: Q. Resolution No. : CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to High Density Residential for Biskay by Greg Johnson — south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: R. Resolution No. : CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics by DBS1 Meridian 184 LLC and Herman -Treasure Valley Business Park I LLC — 1250 W. Overland Road: S. Resolution No. : CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use — Community for Janicek Ten Mile / Chinden Property by Janicek Properties, LLC — Southwest Corner of North Ten .Mile Road and West Chinden Boulevard: T. Resolution No. : CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 10 acres for Zamzows Chinden by JR, LLC — south side of Chinden Boulevard, approximately % mile east of Meridian Road: U. Resolution No. : CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use — Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential (9+/- acres) for Kartchner by Richard Kartchner — 4325 and 4315 North Ten Mile Road: V. Resolution No. : VAC 08-003 Request to Vacate note #6, which prohibits direct lot access to Eagle Road and Pine Avenue, on the recorded plat for Porky Park Subdivision No. 1 for Jacksons Food Store #105 by Jacksons Food Stores, Inc. — 3291 East Pine Avenue: W. Union Pacific Supplemental Agreement: Meridian City Council Meeting Agenda — October 7, 2008 Page 3 of 6 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. 7. 8. 9. Revised 10-7-08 X. Addendum to Development Agreement: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 — Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Y. Change Order No. 2 with Knife River for Black Cat Trunk Sewer Phase 4 for $16,358.00: Z. Cooperative Agreement for Water Main (UPRR Crossing) at Lewis and Clark Middle School for a Cost Not to Exceed $71,700: AA. Approve Beer and Wine License Application for McTime Coffeehouse at 2951 East Overland Road: BB. Agreement for Independent Contractor Services for Test Well No. 28 (Construction) with Treasure Valley Drilling and Pump for $99,485.00 with a spending authority for a 10% contingency amount of $9,950.00: Department Reports: A. Public Works Department: 1. PW Department Reorganization B. Legal Department: 1. Tabled from September 23, 2008: Detox Center Agreement: Items Moved from Consent Agenda: FP 08-016 'Request for Final Plat approval for 5 building lots and 1 common lot on 4.80 acres in a C -G zone for Emerson Park Subdivision by Kuna Victory, LLC — 130 East Victory Road (Lot 4, Block 1 of Mussell Corner): 10. Continued Public Hearing from September 9, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site'to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: Meridian City Council Meeting Agenda — October 7, 2008 Page 4 of 6 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 90-7-08 11. Continued Public Hearing from September 9, 2008: AP 08-005 Request for City Council Review for an Appeal of the Planning Director's denial of Instant Equity Auto's 'request for Certificate of Zoning Compliance approval (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district for Instant Equity Auto by The Land Group — 1065 East Fairview Avenue: 12. Public Hearing: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: 13. Public Hearing: PP 08-003 Request for Preliminary Plat approval of 139 lots including: 118 residential lots and 21 common lots on 30.72 acres in the proposed. R-8 zoning district for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: 14. Public Hearing: AZ 08-011 Request for Annexation and Zoning of 2.953 acres from the R1 to the R-8 zoning district for S roi by Nunzio Sgroi — 4405 East Ustick Road: 15. Public Hearing: AP 08-006 Request for City Council Review of the Planning and Zoning Commission's decision to restrict the hours of operation for the Maverik convenience store and fuel sales facility to the hours between 6 a.m. and 11 p.m. / 7 days a week to allow it to operate 24 hours a day / 7 days a week for Maverik — Locust Grove/McMillan by Landmark Engineering & Planning, Inc. — Northeast Corner of North Locust Grove Road and East McMillan Road: 16. Public Hearing: TE 08-018 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for Chesterfield Subdivision No. 2 by Centennial Development, LLC — south side of West Pine Avenue between North Black Cat Road and North Ten Mile Road: Meridian City Council Meeting Agenda — October 7, 2008 Page 5 of 6 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. • 0 Revised 10-7-08 17. Public Hearing: TE 08-017 Request for approval of an 18 month Time Extension to record the Final Plat for Irvine Subdivision by Dyver Development, LLC - Southeast Corner of North Ten Mile Road and West Chinden Boulevard: 18. Public Hearing: TE 08-.016 Request for approval of an 18 month Time Extension to record the Final Plat for Ambercreek Subdivision No 2 by Dyver Development, LLC — North Meridian Road and West McMillan Road: 19. Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student), (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency), (d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code), & (f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — October 7, 2008 Page 6 of 6 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. Date/Time Local ID 1 LocalID 2 Broadcast Report 1 10-03-2008 05:55:16 p.m. Transmit Header Text City of Meridian Idaho 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 Total Pages Scanned : 6 This document: Failed (reduced sample and details below) Document size: 8.5 "x11 " (��B IDIAN* CITY COUNCIL REGULAR IDAF90 MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 7, 2008 at 7:00 p.m. Although the City of Meridian no longer requires swom testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter.' 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bob Cutler with Christian Lutheran Church: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of July 28, 2008 City Council Joint Meeting: B. Approve Minutes of August 6, 2008 City Council Special Meeting: C. Approve Minutes of September 2, 2008 City Council Regular Meeting: D. Approve Minutes of September 9, 2008 City Council Regular Meeting: E. Approve Minutes of September 16, 2006 City Council Workshop Meeting: Meridian City Council Meeting Agenda — October 7, 2008 Page 1 of 6 Ali materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabiii[iea related to documents andfor hearing, please contact the City Clerk's Office, , at 888-4433 at least 48 hours prior to the public meeting. Total Paqes Confirmed: 116 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 600 3810160 04:29:36 p.m. 10-03-2008 00:09:17 4/6 1 G3 HS FA9600 002 600 8989551 04:29:36 p.m. 10-03-2008 00:01:37 6/6 1 EC HS CP21600 003 600 2088848723 04:29:36 p.m. 10-03-2008 00:01:24 6/6 1 EC HS CP26400 004 600 8886854 04:29:36 p.m. 10-03-2008 00:01:16 6/6 1 EC HS CP31200 005 1600 12088985501 04:29:36 p.m. 10-03-2008 00:01:45 6/6 1 EC HS CP28800 006 1600 18467366 04:29:36 p.m. 10-03-2008 00:01:20 6/6 1 EC IHS ICP28800 007 1600 18950390 04:29:36 p.m. 10-03-N08 00:01:14 6/6 1 JEC IHS I CP33600 E IDIAN�- ILH CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 7, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bob Cutler with Christian Lutheran Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 28, 2008 City Council Joint Meeting: B. Approve Minutes of August 5, 2008 City Council Special Meeting: C. Approve Minutes of September 2, 2008 City Council Regular Meeting: D. Approve Minutes of September 9, 2008 City Council Regular Meeting: E. Approve Minutes of September 16, 2008 City Council Workshop Meeting: Meridian City Council Meeting Agenda — October 7, 2008 Page 1 of 6 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. F. Approve Minutes of September 23, 2008 City Council Regular Meeting: G. Approve Minutes of September 30, 2008 City Council and Planning and Zoning Commission Joint Meeting: H. Tabled from September 23, 2008: Findings of Fact and Conclusions of Law for Denial: AP 08-004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: I. Approve Transportation Project Request List from Planning Department: J. Ratify Art in Public Spaces Purchasing Agreement — "Old East Meridian" by Dwight Williams: K. Ratify Art in Public Spaces Purchasing Aareernent — "A Warm Evening" by Gregg Russell: L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 063 Request for Annexation and Zoning of 38.68 acres from RUT and' R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: M. Findings of Fact and Conclusions of Law for Approval: PP 08- 001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 West Waltman Lane: N. Findings of Fact and Conclusions of Law for Approval: RZ 08- -003 Request for Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center by DBSI Meridian 184 LLC — 1250 W. Overland Road: O. Resolution No. : Appointment to Valley Regional Transportation Authority: P. Resolution No. : CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential to Mixed Use -Regional for Meridian City Council Meeting Agenda — October 7, 2008 Page 2 of 6 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 and Amity by Hawkins Companies — Northwest Corner of West Amity Road and South Meridian Road: Q. Resolution No. : CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to High Density Residential for Biskay by Greg Johnson — south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: R. Resolution No. : CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics by DBSI Meridian 184 LLC and Herman -Treasure Valley Business Park 1 LLC — 1250 W. Overland Road: S. Resolution No. : CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use — Community for Janicek Ten Mile / Chinden Property by Janicek Properties, LLC — Southwest Corner of North Ten Mile Road and West Chinden Boulevard: T. Resolution No. : CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 10 acres for Zamzows Chinden by JR, LLC — south side of Chinden Boulevard, approximately Y4 mile east of Meridian Road: U. Resolution No. : CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use — Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential (9+/- acres) for Kartchner by Richard Kartchner — 4325 and 4315 North Ten Mile Road: V. Resolution No. : VAC 08-003 Request to Vacate note #6, which prohibits direct lot access to Eagle Road and Pine Avenue, on the recorded plat for Porky Park Subdivision No. 1 for Jacksons Food Store #105 by Jacksons Food Stores, Inc. — 3291 East Pine Avenue: W. Union Pacific Supplemental Agreement: Meridian City Council Meeting Agenda — October 7, 2008 Page 3 of 6 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. X. Addendum to Development Agreement: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 — Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Y. Change Order No. 2 with Knife River for Black Cat Trunk Sewer Phase 4 for $16,358.00: Z. Cooperative Agreement for Water Main (UPRR Crossing) at Lewis and Clark Middle School for a Cost Not to Exceed $71,700: AA. Approve Beer and Wine License Application for McTime Coffeehouse at 2951 East Overland Road: BB. Agreement for Independent Contractor Services for Test Well No. 28 (Construction) with Treasure Valley Drilling and Pump for $99,485.00: 6. Department Reports: A. Public Works Department: 1. PW Department Reorganization B. Legal Department: 1. Tabled from September 23, 2008: Detox Center Agreement: 7. Items Moved from Consent Agenda: 8. FP 08-016 Request for Final Plat approval for 5 building lots and 1 common lot on 4.80 acres in a C -G zone for Emerson Park Subdivision by Kuna Victory, LLC — 130 East Victory Road (Lot 4, Block 1 of Mussell Corner): 9. Continued Public Hearing from September 9, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: Meridian City Council Meeting Agenda — October 7, 2008 Page 4 of 6 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. 10. Continued Public Hearing from September 9, 2008: AP 08-005 Request for City Council Review for an Appeal of the Planning Director's denial of Instant Equity Auto's request for Certificate of Zoning Compliance approval. (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district for Instant Equity Auto by The Land Group — 1065 East Fairview Avenue: 11. Public Hearing: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: 12. Public Hearing: PP 08-003 Request for Preliminary Plat approval of 139 lots including: 118 residential lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: 13. Public Hearing;: AZ 08-011 Request for Annexation and Zoning of 2.953 acres from the R1 to the R-8 zoning district for Sgroi by Nunzio Sgroi — 4405 East Ustick Road: 14. Public Hearing: AP 08-006 Request for City Council Review of the Planning and Zoning Commission's decision to restrict the hours of operation for the Maverik convenience store and fuel sales facility to the hours between 6 a.m. and 11 p.m. / 7 days a week to allow it to operate 24 hours a day / 7 days a week for Maverik — Locust Grove/McMillan by Landmark Engineering & Planning, Inc. — Northeast Corner of North Locust Grove Road and East McMillan Road: 15. Public Hearing: TE 08-018 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for Chesterfield Subdivision No. 2 by Centennial Development, LLC — south side of West Pine Avenue between North Black Cat Road and North Ten Mile Road: 16. Public Hearing: TE 08-017 Request for approval of an 18 month Time Extension to record the Final Plat for Irvine Subdivision by Dyver Meridian City Council Meeting Agenda — October 7, 2008 Page 5 of 6 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. • Development, LLC — Southeast Corner of North Ten Mile Road and West Chinden Boulevard: 17. Public Hearing: TE 08-016 Request for approval of an 18 month Time Extension to record the Final Plat for Ambercreek Subdivision No. 2 by Dyver Development, LLC — North Meridian Road and West McMillan Road: 18. Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student), (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency), (d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code), & (lf) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — October 7, 2008 Page 6 of 6 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. . I mw Broadcast Report Date/Time 10-03-2008 05:55:25 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 600 2088882682 04:29:36 p.m. 10-03-2008 00:01:19 6/6 1 EC HS CP31200 009 600 8840745 04:29:36 p.m. 10-03-2008 00:01:18 6/6 1 EC HS CP31200 010 600 2083876393 04:29:36 p.m. 10-03-2008 00:01:16 6/6 1 EC HS CP26400 011 600 208 2877959 04:29:36 p.m. 10-03-2008 00:02:23 6/6 1 EC HS CP14400 012 600 8885052 04:29:36 p.m. 10-03-2008 00:01:17 6/6 1 EC HS CP31200 013 600 8886573 04:29:36 p.m. 10-03-2008 00:06:23 6/6 1 EC HS CP9600 014 600 8881983 04:29:36 p.m. 10-03-2008 00:01:30 6/6 1 EC HS CP26400 015 600 2083776449 04:29:36 p.m. 10-03-2008 00:03:03 6/6 1 EC HS CP14400 016 600 4679562 04:29:36 p.m. 10-03-2008 00:01:25 6/6 1 EC HS CP26400 017 600 8886700 04:29:36 -p.m. 10-03-2008 00:00:00 0/6 1 -- HS FA 018 600 8884022 04:29:36 p.m. 10-03-2008 00:08:17 4/6 1 G3 HS FA14400 019 600 3886924 04:29:36 p.m. 10-03-2008 00:02:23 6/6 1 EC HS CP14400 020 600 8841159 04:29:36 p.m. 10-03-2008 00:01:21 6/6 1 EC HS CP28800 021 600 8840744 04:29:36 p.m. 10-03-2008 00:01:28 6/6 1 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct WENIDIAN�-- IDAHO 0 Revised 10-7-08 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Mayor's Updated/Noted Agenda Tuesday, October 7, 2008 at 7:00 p.m. Convened at 7:00 pm `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Led by Troop 152 3. Community Invocation by Bob Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: Zaremba/Hoaglun 5. Proclamation for National Arts and Humanities Month: Nancy Rountree and Meg Glasgow accepted from Mayor 6. Consent Agenda: Zaremba/Rountree A. Approve Minutes of July 28, 2008 City Council Joint Meeting: B. Approve Minutes of August 5, 2008 City Council Special Meeting: C. Approve Minutes of September 2, 2008 City Council Regular Meeting: D. Approve Minutes of September 9, 2008 City Council Regular Meeting: Meridian City Council Meeting Agenda — October 7, 2008 Page 1 of 7 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. 0 • Revised 10-7-08 E. , Approve Minutes of September 16, 2008 City. Council Workshop Meeting: F. Approve Minutes of September 23, 2008 City Council Regular Meeting: G. Approve Minutes of September 30, 2008 City Council and Planning and Zoning Commission Joint Meeting: H. Tabled from September 23, 2008: Findings of Fact and Conclusions of Law for Denial: AP 08-004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: Request from Planning Director to move off of Consent Agenda to regular Agenda for a brief discussion Moved off of the Consent Agenda to Item 8H 1. Approve Transportation Proiect Request List from Planning Department: J. Ratify Art in Public Spaces Purchasing Agreement — "Old East Meridian" by Dwight Williams: K. Ratify Art in Public Spaces Purchasing Agreement — "A Warm Evening" by Gregg Russell: L. Findings of Fact and Conclusions of Law for Approval: AZ 06- 063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: M. Findings of Fact and Conclusions of Law for Approval: PP 08- 001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 West Waltman Lane: N. Findings of Fact and Conclusions of Law for Approval: RZ 08- 003 Request for Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center by DBSI Meridian 184 LLC — 1250 W. Overland Road: Meridian City Council Meeting Agenda — October 7, 2008 Page 2 of 7 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 10-7-08 O. Resolution No. Proposed # 08-620: Appointment to Valley Regional Transportation Authority: P. Resolution No. Proposed # 08-621: CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential to Mixed Use -Regional for Meridian and Amity by Hawkins Companies — Northwest Corner of West Amity Road and South Meridian Road: Q. Resolution No. Proposed # 08-622: CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to High Density Residential for Biskay by Greg Johnson — south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: R. Resolution No. Proposed # 08-623: CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics by DBSI Meridian 184 LLC and Herman -Treasure Valley Business Park I LLC — 1250 W. Overland Road: S. Resolution No. Proposed # 08-624: CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use — Community for Janicek Ten Mile / Chinden Property by Janicek Properties, LLC — Southwest Corner of North Ten Mile Road and West Chinden Boulevard: T. Resolution No. Proposed # 08-625: CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 10 acres for Zamzows Chinden by JR, LLC — south side of Chinden Boulevard, approximately'/ mile east of Meridian Road: U. Resolution No. Proposed # 08-626: CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use — Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential (9+/- acres) for Kartchner by Richard Kartchner — 4325 and 4315 North Ten Mile Road: Meridian City Council Meeting Agenda — October 7, 2008 Page 3 of 7 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. 7. 8. Revised 10-7-08 V. Resolution No. Proposed # 08-627: VAC 08-003 Request to Vacate note #6, which prohibits direct lot access to Eagle Road and Pine Avenue, on the recorded plat for Porky Park Subdivision No. 1 for Jacksons Food Store #105 by Jacksons Food Stores, Inc. — 3291 East Pine Avenue: W. Union Pacific Supplemental Agreement: X. Addendum to Development Agreement: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 — Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Y. Change Order No. 2 with Knife River for Black Cat Trunk Sewer Phase 4 for $16,358.00: Z. Cooperative Agreement for Water Main (UPRR Crossing) at Lewis and Clark Middle School for a Cost Not to Exceed $71,700: AA. Approve Beer and Wine License Application for McTime Coffeehouse at 2951 East Overland Road: BB. Agreement for Independent Contractor Services for Test Well No. 28 (Construction) with Treasure Valley Drilling and Pump for $99,485.00 with a spending authority for a 10% contingency amount of $9,950.00: Department Reports: A. Public Works Department: 1. PW Department Reorganization Tom Barry presented, Speakers included: Josh Grant w/ AspireOn, Bruce Freckleton and Kyle Radek B. Legal Department: 1. Tabled from September 23, 2008: Detox Center Aareement: Ted Baird spoke Items Moved from. Consent Agenda: Item 6H moved to 8H because Anna Canning clarified that these were not Findings of Fact and Meridian City Council Meeting Agenda — October 7, 2008 Page 4 of 7 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 10-7-08 Conclusions of Law. This is a letter requesting Council approval to send. Motion to approve Planning to send the letter: Rountree/Bird 9. FP 08-016 Request for Final Plat approval for 5 building lots and 1 common lot on 4.80 acres in a C -G zone for Emerson Park Subdivision by Kuna Victory, LLC — 130 East Victory Road (Lot 4, Block 1 of Mussell Corner): Approve: Rountree/Bird 10. Continued Public Hearing from September 9, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: Applicant requests Continuance to 11/5/08 Bill Parsons presented. Motion to continue for final time to 11/25: Rountree/Bird 11. Continued Public Hearing from September '9, 2008: AP 08-005 'Request for City Council Review for an Appeal of the Planning Director's denial of Instant Equity Auto's request for Certificate of Zoning Compliance approval (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district for Instant Equity Auto by The Land Group — 1065 East Fairview Avenue: Roger Collins w/ The Land Group spoke as did Richard Andrus, Eddie Christianson (Instant Equity Auto) and Dan Borup (Instant Equity Auto). Close PH: Rountree/Bird. Motion to uphold Director's Denial: Rountree/Hoaglun 12. Public Hearing: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: Bill Parsons presented.: Tom Coleman — Applicant spoke. Thomas Coleman Jr. spoke also. Becky McKay spoke. PH speakers: Gary Lee and Barbara Waterfield. Becky McKay had wrap up remarks. Motion to close PH on 12 & 13: Bird/Zaremba. Approve Item 12: Bird/Rountree 13. Public Hearing: PP 08-003 Request for Preliminary Plat approval of 139 lots including: 118 residential lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Meridian City Council Meeting Agenda — October 7, 2008 Page 5 of 7 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 10-7-08 19. Executive. Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student), (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real; property, which is not owned by a public agency), (d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code), & (f) — (to consider and advise its legal representatives in pending litigation): Into Executive Session: Rountree/Bird at 11:43 p.m. Out of Executive Session: Rountree/Bird at 1:08 pm Motion to Adjourn: Rountree/Bird at 1:08 pm Present at Meeting: Tom Barry Clint Dolsby Kyle Radek Bruce Freckleton Bill Parsons Anna Canning John Overton Bill Johnson Robert Simison Bill Nary Meridian City Council Meeting Agenda — October 7, 2008 Page 7 of 7 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 Meeting October 7. 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 7, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Ted Baird, Bill Nary, Jaycee Holman, Anna Canning, Bill Parsons, Kyle Radek, Bill Johnson, John Overton, Steve Siddoway, Tom Barry, Clint Dolsby, Rick Clinton and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's meeting. We appreciate all of you that are here in attendance. We will start tonight -- oh. For the record, it is Tuesday, October 7th at 7:00 o'clock. We will start tonight's meeting with the roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2. We are privileged to be led in the pledge tonight by Troop 152. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Well, thank you, boys. I will offer you your own City of Meridian pin that was very well earned. Thank you so much. We don't try and trap the youth that come to our meetings, but we -- we always love to engage our youth when we -have the opportunity. These three young men are earning their citizenship badge and we appreciate you taking the risk and stepping up, showing your leadership and leading us in the pledge. Item 3: Community Invocation by Bob Cutler with Christian Lutheran Church: De Weerd: Item No. 3 is our community invocation. Tonight we will led by Pastor Bob Cutler. He is with Christ Lutheran Church. Thank you for joining us. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Cutler: We pray. Heavenly Father, as a citizen of our beloved City of Meridian I would intercede with you for our representatives in this beloved Council chambers. Lord, you Meridian City Council October 7, 2008 Page 2 of 90 have established in our midst the law making powers dedicated to the upholding of order and liberty. Lord, I pray that you would bless and preserve our form of governed in this city, in our state, and in our nation. Lord, grant that our legislators and our Councilors here -- and Council Members may be ever mindful of the welfare of all their constituents. Grant that they may be guided to serve unselfishly the common good of all the people. Lord, preserve them from all double dealing, pettiness and self seeking. Protect, I beseech thee, those liberties of rule by representation, which are the cornerstone of our government. Lord, teach us Christians to grace -- teach us Christians the grace to use our freedom to preserve and proclaim your word and to use each and every opportunity to serve our fellow man. May we give proof of our gratitude to you, Lord, in seeking the welfare of our city and our state. In using our privileges of ballot and the freedom of press and speech for the improvement of our community and for our entire nation. Be with our .nation this evening, Lord, as we are going through struggles of financial magnitude that we can't even imagine. Lord, be with us. We pray, Lord, that you would bring these blessings, that you would grant us, dear Lord, these for our Lord Jesus' sake, amen. De Weerd: Pastor Cutler, I do have a City of Meridian pin for you as well. Thank you. We appreciate you joining us. We do have different places of worship join us every week to lead us in our community invocation. We have many places of worship and they kind of grace us every week with a good reminder in the beginning of our meeting. Item 4: Adoption of the Agenda: De Weerd: So, Item No. 4 is the adoption of our agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On our agenda there are a couple of adjustments to be made. On the Consent Agenda, Item H, 6-H, there is a request to have some discussion on that, so 6-H will come off of the Consent Agenda and be moved to Item 8. And just for sake of reference would become 8-H. Then, continuing on the Consent Agenda, Item O is a resolution and the proposed number for that is 08-620. The next several are resolutions. I will just read the number and the number. Resolution -- Item P is Resolution 08-621. Item Q is Resolution 08-622. Item R is Resolution 08-623. Item S is Resolution 08-624. Item T is Resolution 08-625. Item U is Resolution 08-626. Item V is Resolution 08-627. That concludes the changes on the Consent Agenda. Then, again, Item 8 has 6-H added to it. And on Item 10 there has been a request by the applicant to continue that one until November 5th, 2008, which we will do. For those of you that have a calendar in your head, November 5th, 2008, is a Wednesday. As you know, we normally meet on Tuesdays, but since November 4th is a national election day, we move our Council meeting to the Wednesday. So, that one will be continued to Wednesday, November 5th. And with those modifications, Madam Mayor, I move that we adopt the Consent Agenda -- adopt the entire agenda. • Meridian City Council October 7, 2008 Page 3 of 90 Hoaglun: I second the motion. • De Weerd: Okay. I have a motion to approve the agenda and a second. All those, in favor say aye. MOTION CARRIED: ALL AYES. Rountree: Discussion. Madam Mayor, I do not concur that we want to continue Item 10. De Weerd: Okay. We will discuss that when we get to it. Rountree: Thank you. De Weerd: Okay. Zaremba: The message for the people in the audience is if you came for that item, don't leave, because we may not be continuing it. Item 5: Proclamation for National Arts and Humanities Month: De Weerd: Okay. Item 5 is a proclamation and we have with us today our chair and co- chair of our Meridian Arts Commission and so maybe I will ask them to come forward and I will come down and read this at the podium. We formed our Meridian Arts Commission about a year and a half ago and these two energetic young ladies have been great leaders in the arts community. We have made great progress and much of their efforts you will see in the new City Hall, but -- and so it is my honor to read this proclamation. Whereas the arts and humanities embrace and enrich the lives of all Americans and whereas the arts and humanities affect every aspect of life in America today, including the economy, social problem solving, job creation, education, creativity, and community livability and whereas cities and states through their local and state art agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities month for several years and whereas the City of Meridian joins other communities in recognizing the contributions that the arts and humanities have played in developing the dynamic of each individual community. So, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of October 2008 as National Arts and Humanities month in the City of Meridian and to encourage everyone to embrace the arts and the humanities, because they represent our heritage and define the character of our community. And that's dated the 7th day of October. Item 6: Consent Agenda: A. Approve Minutes of July 28, 2008 City Council Joint Meeting: Meridian City Council October 7, 2008 Page 4 of 90 B. Approve Minutes of August 5, 2008 City Council Special Meeting: C. Approve Minutes of September 2, 2008 City Council Regular Meeting: D. Approve Minutes of September 9, 2008 City Council Regular Meeting: E. (Approve Minutes of September 16, 2008 City Council Workshop Meeting: F. Approve Minutes of September 23, 2008 City Council Regular Meeting: G. ;Approve Minutes of September 30, 2008 City Council and Planning 'and Zoning Commission Joint Meeting: I. 'Approve Transportation Project Request List from Planning Department: J. ;Ratify Art in Public Spaces Purchasing Agreement — "Old East Meridian" by Dwight Williams: K. 'Ratify Art in Public Spaces Purchasing_ Agreement — "A Warm ,Evening" by Gregg Russell: L. 'Findings of Fact and Conclusions of Law for Approval: AZ 06- 063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka 'Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 'Waltman Lane: M. 'Findings of Fact and Conclusions of Law for Approval: PP 08- '001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 West Waltman Lane: N. Findings of Fact and Conclusions of Law for Approval: RZ 08- '003 Request for Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center by DBSI Meridian 184 LLC — 1250 ,W. Overland Road: O. Resolution No. : Appointment to Valley Regional Transportation Authority: Meridian City Council October 7, 2008 Page 5 of 90 P. Resolution No. : CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential to Mixed Use -Regional for Meridian and Amity by Hawkins Companies — Northwest Corner of West Amity Road and South Meridian Road: Q. Resolution No. : CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to High Density Residential for Biskay by Greg Johnson — south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: R. Resolution No. : CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics by DBSI Meridian 184 LLC and Herman -Treasure Valley Business Park I LLC — 1250 W. Overland Road: S. Resolution No. : CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use — Community for Janicek Ten Mile / Chinden Property by Janicek Properties, LLC — Southwest Corner of North Ten Mile Road and West Chinden Boulevard: T. Resolution No. : CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 10 acres for Zamzows Chinden by JR, LLC — south side of Chinden Boulevard, approximately'/ mile east of Meridian Road: U. Resolution No. : CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use — Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential (9+/- acres) for Kartchner by Richard Kartchner — 4325 and 4315 North Ten Mile Road: V. Resolution No. : VAC 08-003 Request to Vacate note #6, which prohibits direct lot access to Eagle Road and Pine Avenue, on.the recorded plat for Porky Park Subdivision No. 1 Meridian City Council October 7, 2008 Page 6 of 90 for Jacksons Food Store #105 by Jacksons Food Stores, Inc. — 3291 East Pine Avenue: W. Union Pacific Supplemental Agreement: X. Addendum to Development Agreement: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 — Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Y. Change Order No. 2 with Knife River for Black Cat Trunk Sewer Phase 4 for $16,358.00: Z. Cooperative Agreement for Water Main (UPRR Crossing) at Lewis and Clark Middle School for a Cost Not to Exceed $71,700: AA. Approve Beer and Wine License Application for McTime Coffeehouse at 2951 East Overland Road: BB. Agreement for Independent Contractor Services for Test Well. No. 28 (Construction) with Treasure Valley Drilling and Pump for $99,485.00: De Weerd: Okay. Item 6 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Noting that Item 6-H has been moved to become Item 8-H and that there were a list of resolutions for which I read the resolution numbers -- do I need to repeat those for anybody? De Weerd: No. Zaremba: All right. In that case I move we adopt the Consent Agenda as amended. Rountree: Second. De Weerd: Okay. I have a motion and a second .and authorize the Mayor to sign and Clerk to attest. Zaremba: Oh, I'm sorry. Yes. Authorize the Mayor to sign and the Clerk to attest. That's part of the motion. Meridian City Council • • October 7, 2008 Page 7 of 90 De Weerd: That's great. Okay. I have a motion and a second. If there is no discussion, 'Madam Clerk, will you call roil. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Public Works Department: PW Department Reorganization De Weerd: Item 7 under department reports. We will turn this over to Mr. Barry under the Public Works Department Reorganization. Barry: Good evening, Madam Mayor, Mr. President, Members of the Council. Tom Barry, Public Works Department. It's my pleasure to present to you the update on the Public Works Department reorganization. You may recall that on September 9th I briefed the Council on the status of the reorganization and as promised I'm following up this evening with a status report regarding the realignment. As you may recall, our review was intended to take a critical look at the roles, responsibility, and reporting structure of the staff within the department and to determine if improvements could be made with modifications to the organizational structure. This was accomplished by the development of a strategic leadership team in the department comprised of 11 senior managers and took place over a time period of approximately four months, with bi- weekly meetings of that staff team. I provided a detailed memorandum in your box this Friday afternoon detailing not only the process, but also the results of the reorganization and also provided a transition plan for your reference. So, I will be brief in describing quickly the work. Essentially, what we did is evaluate the various types of organizational structures that we reviewed and we, then, reviewed and revised our mission and vision statements to insure that what we organized around was clear and set clear expectations for our staff. That work culminated in the development of the new organization chart, which is presented in your memorandum. During this time period the work was monitored by the Mayor and members from AspireOn Consulting, Incorporated, and also were reviewed -- the results were reviewed by human resources staff and our Public Works Council liaison. As you will note, we made several modifications in the organizational chart structure. We moved four vacant positions from operations, because we felt we were heavy in operations, over to engineering and reclassified those. We reconciled several inconsistencies that we found between records in human resources, the finance department, and our own departmental records, so we have 13 job title changes. We also reclassified eight vacant and currently filled positions to insure that the work that we identified was properly I] Meridian City Council October 7, 2008 Page 8 of 90 categorized and appropriately titled. We also reallocated five existing positions to insure that we placed the appropriate resources where they were needed most in the organizational structure. And, finally, we did add two FTEs also to fulfill our service level commitments as identified earlier in the project. As a follow up, we made an announcement to the staff regarding the reorganization on Thursday, October the 2nd. We implemented those improvements yesterday, October the 6th. We have developed a transition plan, as I mentioned earlier, which was included in your memorandum to insure that we had smooth and systematic implementation of the overall changes. We have also worked as a leadership team to develop leadership action plans for staff that are assuming new roles or new responsibilities, so they had clear direction and expectations, as well as a very supportive series of endeavors that we wanted them to pursue in order to be successful in their new roles. We also are identifying training for those new supervisors. And., finally, we are following up with staff and supervisors during the transition plan to make sure that we address all comments or questions or concerns. Being in our second day of implementation, I can report to you that things seem to be going very smoothly in the organization. I think for the most part staff, when we presented this, while somewhat maybe some of them may have had some anxiety as it relates to the roll out, much like any new change in any organization, by and large the organization has embraced the changes and we are moving full steam ahead with those changes. I do want to take a moment to thank both the Mayor and Charlie Rountree, our Council liaison, Mr. Bill Nary and his staff, particularly Nancy Powers. Josh Grant from AspireOn. And every member of the leadership team, most of which I think are here tonight. It may be advantageous, if you are so interested, to hear from AspireOn regarding our process or any of the staff regarding the process, the results, the outcome, or any questions you have about the organizational structures. So, with that I will turn it back over to you and take any questions or comments you might have. De Weerd: Mr. Barry, you might want to introduce those that you have with you. I know probably Councilman Hoaglun hasn't met many of them, but if you will take a moment to recognize those that have come to the meeting. Barry: Thank you, Madam Mayor. It would be my pleasure. I'll try to pick them out of the audience, since we have somewhat of a full house, but Mr. Crane, Tracy Crane, is our co -manager of our wastewater treatment plant. He is also on the strategic leadership team. Mr. Rick Deeds is our utility operations manager, also on the strategic team. Shane Linn, GIS analyst., also on our team. De Weerd: And he's more than that. Barry: Oh, he is. He is lots more than that. De Weerd: I listened to the presentation. I'm with you. Barry: That's right. Mr. Bjornson, Brent Bjornson, is our building inspector coordinator. He's also on our team. Josh Grant, consultant, who participated from AspireOn in most of our meetings, gave us valuable insights and guidance. Mr. Rick Clinton, our water Meridian City Council October 7, 2008 Page 9 of 90 superintendent, also on our team. Mrs. Kari Glenn, now business operations manager, also on our team. Mrs. Becky LeCarry, executive assistant for Public Works. And, then, Mr. Bruce Freckleton, development services manager. A couple other folks behind me. Mr. Clint Dolsby, acting city engineer, interim city engineer. And, then, also Mr. Kyle Radek, engineer, with -- assistant city engineer, rather, for Public Works. All of which made up the strategic leadership team. So, I -- again, hats off to those ladies and gentlemen as they performed phenomenally and I think you should be very, very proud of their accomplishments in this endeavor. De Weerd: Thank you. Do any of you want to make any comment? Now, you stood up under the pressure of your peers. Zaremba: That's about as open an opportunity as you will ever get. Grant: Yeah. I better take these chances when I get them. Do you want my name and address for the record? De Weerd: Just your name, Josh. Grant: Josh Grant with AspireOn. I just wanted to provide a few brief comments on the process. As Mr. Barry noted that we weren't catalyst to this process, but, rather, invited by him to participate in the meetings and provide our input. And, you know, we have been involved in many, many reorganizations, both public and private organizations, and I must say this is one of the best we have been a part of. The leadership team did a phenomenal job. They were very thorough and objective through this process, as it took several months to do. They maintained a level of faith in the process as they went through it and definitely put the organization first as they worked through the reorganization and so I just want to make sure you guys were aware of that and provide the third party perspective of that, but they definitely did a phenomenal job. Thank you. De Weerd: Anyone else? Rountree: Madam Mayor, I'd make a comment. I was involved in the initial kick off of this with Torn and, then, he developed a strategic leadership team and went to work with AspireOn and his team. When they were done they rolled out large voluminous scrolls showing what was going on and why and after that I told them it was too much for me to digest right now, I would get back to them, but I took it as an opportunity, because the room was full of the team, to ask the team specifically -- now is your opportunity, if there is something that really bothers you with this, let me know. And they were -- they were pretty open and honest in the general consensus and if not the unanimous consensus was it was a fair process. Some of them had some difficulty going through the process, but as it progressed they saw the reasons why things were the way they. were and the reasons why things could be better through this reorganization and in the final end product they all pretty much were engaged in accepting that this is the way Public Works ought to. go. It was at that point Tom brought the reorg to City Council and, then, implemented it -- kicked it off last week and Meridian City Council • • October 7, 2008 Page 10 of 90 yesterday was the start and I'm glad to hear that it's going well and that some people are concerned and have issues with it, because I would be surprised if there weren't and if it was completely acceptable to everybody something might be wrong with it. But I think -- as I explained to the leadership team, as you roll this out you will find things that you did not talk about and situations that you may need to remedy and they all agreed that, yes, they could handle that and they could take a look at the organizational structure as it started to work and as they worked it. So, I think they did a heck of a job and my appreciation and thank you to all of you. You worked hard. A lot of -- was it Tuesdays or Thursdays? Probably Wednesdays. So, I hit all around it. Barry: Mondays and Thursdays. Rountree: Mondays and Thursdays. Missed them all. Freckleton: Madam Mayor and Council, I just wanted to take this opportunity just to try and shine the spotlight on Tom a little bit. Without his leadership we wouldn't be where we are and he -- you've definitely got the right guy on the job. I have expressed that to you before, Tammy, and we did come together as a team. We -- Tom challenged us to anticipate the kind of problems that might roll out after we implement and we have seen some of those problems and the cool thing is we did anticipate it and we set a plan in place to deal with it. We transitioned, we came up with a transition plan. We also are developing leadership development plans to try and mentor those people and bring them along and we don't want to lose anybody through this process. So, having been with the department for 16 years, I mean we have -- we have gone through a lot of change in that 16 years. I have seen -- we have had reorganizations in the past and would say there has been a lot of good things that were changed with those reorganizations, but they haven't had the plan for the follow through and follow up to make sure that they are successful in the end and this one does. And so I think I speak for our entire team, you know, without Tom's leadership we would not be here and I'm 120 percent behind the process and know it's going to be successful and you definitely have a better Public Works Department because of it, so -- De Weerd: Thank you, Bruce. Hi, Kyle. Radek: Madam Mayor, Mr. President, Council Members, I'd like to add just a little bit to that, too. I agree totally with what Bruce said about Tom. I really look forward to the future, because I have been in other organizations where you make mission statements and vision statements and you put them in a -- put them in a drawer somewhere and go about your business. But I have a lot of faith that we are going to take ours and we are going to move forward towards them and we are going to accomplish things and so I'm really excited about it. I feel like -- I feel like over the past couple of years we have had a lot of additional duties put on us in my section of the organization that have really kind of kept us from getting -- you know, getting the A plus that we want to get in really serving our customers the way we want to and we have kind of had to spread ourselves pretty thin to get C minuses to get the job done and I feel like this re-org is going to Meridian City Council October 7, 2008 Page 11 of 90 enable us to get the A pluses we want to get and move forward and go from good to great. So, I'm -- I'm excited going forward with the whole thing. De Weerd: Thank you, Kyle. Hey, Tracy. Crane: Madam Mayor, Members of the Council, Tracy Crane, wastewater division co- manager. I'm going to take the opportunity to brag on my division a little bit again, but think, as you well know, or you might know, wastewater went through a similar process earlier in the year and we examined what we were doing and looked at the organization and see if we could do things better and the rules, then, were the same as they were with this reorganization, take nothing personally, put the organization first and see if we could challenge this division to do better. Challenging it has been and continues to be. would say, though, that the results do speak for themselves. The wastewater division staff have really risen to the task and challenged -- just a short list of our accomplishments. We have had wastewater process enhancements. We have established programs for standard operating procedure review and to put them in place. Development of in-house safety and training programs. Establishment of cross- sectional work teams. Better communication. Our productivity has increased. Our morale has improved. It's been an honor to represent the wastewater department and be part of this leadership group. I, too, believe the public -- the results of this realignment will bear the same fruit that it did in our wastewater department and I think we can expect great things ahead. De Weerd: Thank you. Well, I can tell you since I have been involved from the very beginning, it's been a very thoughtful process. I commend the team. You have rolled up your sleeves and done a very difficult task. You first evaluated yourself and your organization and, as Tracy said, you kept the organization first and now the pride that you see throughout Public Works will have purpose and they will have direction. I have appreciated the leadership planning that has been put together and those that didn't land in the leadership positions who were concerned about that, they have been given a map to success, if they so desire to as well. So, the devil is in the details and now the true work really begins. But you had laid a strong foundation, you created tools, and have every confidence that you will land in the good to great, Kyle, that you mentioned and appreciate how you unrolled it. You gave a lot of respect to your peers, certainly the room was -- was buzzing not just with the kick ball champs, but also with some real concern with what does it all mean to me. But the way you unrolled it and took ownership and responsibility for each of your teams, it was -- I would like to commend you for that and know that the leaders up here are solidly behind you and we look forward to seeing how it starts to roll out. So, good job, Mr. Barry. Barry: Thank you, Madam Mayor. Councilman Rountree, I definitely appreciate your support and guidance along the way and attribute our success and to your great leadership, inspiration and support. So, thank you very much. And also to that of staff, appreciate all of your support. Rountree: Thanks, Tom. Meridian City Council • • October 7, 2008 Page 12 of 90 B. Legal Department:. 1. Tabled from September 23, 2008: Detox Center Agreement: De Weerd: Okay. Item 7-B is our legal department. Mr. Baird. Baird: Thank you, Madam Mayor, Members of the Council. This is a follow up to the discussion we had last week regarding the joint powers agreement, the proposed draft of that agreement for the Treasure Valley Dextox Center. Last week City Council and the Mayor gave me some direction regarding some concerns with that agreement. Primarily having to do not with the 52,000 dollar commitment for the first year, but how the commitment for ensuing years would be determined. There was also a concern regarding a desire to prorate the first year's contribution depending on when the center opens within the fiscal year. Took those concerns and I contacted the representative from the city attorney's office in Boise, Amanda Horton, who worked on this agreement with Ada County and the State of Idaho. Amanda took my concerns to the -- to the group. They did agree that they overlooked the need to prorate during that first year, but the feeling regarding the need to further clarify the successive year contribution, they felt comfortable with the agreement, because they are not forcing any entity to appropriate a certain amount that you would have to agree to it, you could negotiate it. They are trying to get us comfortable with the fact that it would be proportional to the first year's contribution. I would agree that the agreement does allow for that sort of negotiation. It does allow you to bail out of the agreement at anytime beyond the current appropriation. However, they did leave an open invitation to any specific proposals that we have to negotiate something into the agreement. To be honest with you, I -- I think they are just asking us to take it on faith and it will be -- it's up to you. think tonight I'm asking whether you're comfortable with the agreement as is or whether you want me to direct us back to the table with some specific items to negotiate. De Weerd.: Well, thank you, Mr. Baird. I have never seen a contractual agreement that is entered into without the specificity that we desire and only on faith. So, Council, I don't know what your preferences are. When Mr. Baird and I have discussed it, certainly my interest to go to the table to talk specifics and to tighten up the contract, but certainly I only vote if you tie. Baird: And, Madam Mayor, I might add that taking it on faith was my interpretation of their response. That wasn't their words. Rountree: Like trust us. Baird: Yes. When attorneys ask you to trust them beware. De Weerd: Mr. Zaremba. Meridian City Council • • October 7, 2008 Page 13 of 90 Zaremba: Actually, two separate questions if I may. The first one was there discussion of billing nonmember cities for per patient charge if they do put somebody into the detox? Baird: Madam Mayor, Members of the Council, and Council Member Zaremba, it's the intent to collect where ever they can, even from -- I believe that even from anyone from our jurisdiction, if there is a way to get them to pay for something they will and they will certainly be doing that for nonmember entities or residents from nonmember entities. But there was no desire to put anything specific into the agreement with regard to that. Zaremba: Okay. De Weerd: And those are the kind of things I think should be here. Zaremba: Yeah. Rountree: Madam Mayor? Zaremba: And I had a second question. Rountree: Oh. Go ahead, David. Zaremba: And I guess this is one of my sideways questions, but I attended a forum last week of candidates for Ada County and one of the non-encumbents raised the issue that detox centers and the like are by law the purview of the state, not the counties. don't know how accurate that was, but my feeling is we have already determined that this -- having this facility -- it's worth our city contributing to it, because of the savings that our police department will have for other expenses. So, I think we have felt that it's a valuable thing for us, but do you know whether there is any validity to the fact that it's supposed to be the state and not us. Baird: Madam Mayor, Members of the Council and Council Member Zaremba, there is no prohibition for you to contribute to the operations of -- of the city and the state, through the Attorney General's Office, has been involved in the negotiations of this agreement. In fact, the A.G. representative is the one who put the final touches on it. If there was any concern with the way that the joint powers entity was being formed, you can bet that the Attorney General's Office would have raised that. So, your attorney's office doesn't see any problem with the joint powers entity as proposed. Zaremba: Thank you. De Weerd: But, Mr. Zaremba, I think if the question you asked does -- is it the responsibility of the county or the cities, the answer is no. If it's a question of -- if it's not a priority of the state to the cities and the county be partners to something that isn't quite a priority, the answer is yes. Meridian City Council October 7, 2008 Page 14 of 90 Zaremba: Sounds good tome. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree that we need some specificity in the contract of how funding will progress in the future. We have a number of formulas for other organizations that we participate in, whether it be compass or the VRT, based on population and other activities. So, I would suggest that legal counsel sit down with the drafters of the resolution -- or our agreement and take a look at some of those and see if one of those, either straight out of the books modified, would not be applicable in this particular contract and at least we would know for future budget projections what we might be getting ourselves into. I appreciate that we have an easy out, but once you enter into these things sometimes it's very difficult to divorce yourself from them. Baird: Madam Mayor, if I may inquire of Council Member Rountree. Is there a template for a particular organization that you point to that is one that we might want to emulate in this situation? Rountree: I would say COMPASS probably is -- probably is the better of the ones that I can think of. Baird: Okay. Thank you. De Weerd: Anything else? Baird: And, Madam Mayor, I will reiterate as we enter into this that my direction from the Mayor and Council is that we are committed to that first year's 52,000, but we are interested in just pinning these items down for the second year and successive years. Rountree: Yes. De Weerd: Thank you, Mr. Baird. Okay. Just before we move out of Department Reports -- and I see -- I thought I saw Mr. Siddoway here. But I did want to let you know that the city did receive -- the Layton Family Baseball Complex received the outstanding facility parks and special use award at the annual Idaho Recreation and Parks Association Conference and they have recognized it for the community facility that it is. It has eight fields. It served over 1,400 children ages five to 15 this year. It held a number of state and' regional tournaments that attracted teams from over eight states and one foreign country. I guess if you call Canada foreign. Well, it still counts. And it's a great honor to know that we have been recognized as one of the best in the state. So, if Steve was here I'd give him kudos. Item 8: Items Moved from Consent Agenda: Meridian City Council October 7, 2008 Page Y5 of 90 H. Tabled from September 23, 2008: Findings of Fact and Conclusions of Law for Denial: AP 08-004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: De Weerd: Okay. We did move Item H from the Consent Agenda. Canning: Madam Mayor, Members of the Council, I asked that that item be removed from the Consent Agenda only because it's not a Findings of Fact and Conclusions of Law. You will note that I have prepared a letter to send to the applicant with regard to the Redbox DVD and I think it's pretty self-explanatory. I just wanted to pull it off the Consent, because it wasn't Findings of Fact and Conclusions of Law. That's all. De Weerd: Thank you. So, Council,,l need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the letter prepared by the planning director to be sent to the applicant on McDonald's Redbox application. Bird: Second: De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: -ALL AYES. Item 9: FP 08-016 Request for Final Plat approval for 5 building lots and 1 common lot on 4.80 acres in a C -G zone for Emerson Park Subdivision by Kuna Victory, LLC — 130 East Victory Road (Lot 4, Block 1 of Mussell Corner): De Weerd: Okay. Item 9 is FP 08-016. Canning: Madam Mayor, Members of the Council, we do have a letter from the applicant stating they are in agreement with the conditions with the clarification that they are not proposing any perimeter fencing. Staff has already modified the staff report accordingly. Meridian City Council October 7, 2008 Page 16 of 90 De Weerd: Okay. Thank you. Council, if there is no questions for staff, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 9, FP 08-016. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. If there is no discussion, Madam Clerk, will you call roll. Roil -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from September 9, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: De Weerd: Okay. Item 10 is a continued public hearing on AP 08-003. Is the applicant here tonight? They might have made the recommendation and assumed that it would be continued. Council, I would say that I did meet with the applicant -- not regarding this application, but regarding the rail corridor and the movements that Union Pacific Railroad has made in considering multi-year leases and their question I think -- and I don't know why they have requested the continuance, but I would think that there is a relationship with the urban renewal district and how this would correlate with the urban renewal district's plan. So, that's -- that's the limited knowledge I have on this. Anna, did they give an explanation? Parsons: Madam Mayor, Members of the Council, the applicant e=mailed me Tuesday saying that -- as you mentioned, they did have some commitments from Union Pacific. They want to make sure that those are in writing before they bring anything back to you and they hoped to have that done within the following month. So, that's primarily why they -- they are holding up on that. De Weerd: We did send an e-mail -- I think it should be part of the public record -- from Jim Larsen with the Union Pacific that does reflect their movement for a multi -term lease -- or multi-year leases. Rountree: Madam Mayor, my concern with this is that we have heard that for something on the order of three months, if not longer. 0 0 Meridian City Council October 7, 2008 Page 17 of 90 De Weerd: We didn't believe it before, though. Rountree: Do we now? De Weerd: From what I have heard from their representatives that I have met with, think there is some very positive movement for our community. Baird: Madam Mayor, Members of the Council, Councilman Rountree, I'm looking at the September 24th e-mail from Jim Larsen of the Union Pacific. At the end he does say he will prepare a draft for these -- this entity to review regarding the multi-year lease. So, if your concern is that we are just getting strung along with the same excuses, it looks like there is some movement. We would certainly want to review the document itself, rather than the e-mail regarding those commitments. Rountree: Madam Mayor, with that, then, I might suggest that the date be moved to the 26th of November -- or to the 25th of November. De Weerd: Okay. Bird: What date? Rountree: 25th. Bird: Of November? Rountree: And that's light speed for the entities we are dealing with. De Weerd: I guess, Mr. Rountree, I don't know why they chose the 5th, but -- Rountree: They actually didn't in their letter. It just said to November hearing, so -- De Weerd: Okay. Well, certainly, if there is a motion, if it's the 5th or the 25th, it's certainly your motion. Rountree: Madam Mayor, I would move that we continue Item 10, public hearing AP 08-003 until November 25th, 2008, for one final time. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 10 to November 25th. All those in favor say aye. All ayes. Motion carries. MOTION CARR'IE'D: ALL AYES. Meridian City Council • • October 7, 2008 Page 18 of 90 Item 11: Continued Public Hearing from September 9, 2008: AP 08-005 Request for City Council Review for an Appeal of the Planning Director's denial of Instant Equity Auto's request for Certificate of Zoning Compliance approval (CZC 08-010) to operate without connection to city services AND denial of an Alternative Compliance (ALT 08-004) request for reduced landscape buffers adjacent to Fairview Avenue and a residential zoning district for Instant Equity Auto by The Land Group — 1065 East Fairview Avenue: De Weerd; Okay. Item 11, is a continued public hearing from September 9th on AP 08- 005. 1 will start this discussion with staff comments. Canning: Madam Mayor, Members of the Council, you did, hear this item previously. Just to refresh your memory, it's located at 1065 Fairview Avenue on the south side of Fairview just west of Locust Grove and the application before you was a City Council review of the planning director's denial of a CZC. At the previous hearing Council left the public hearing open and directed staff and the applicant to develop DA provisions to accomplish the following: One was to allow the reduced street buffer of 17 and a half feet as proposed by the applicant. And that one has been accomplished by the DA. believe Mr. Nary submitted the DA with your packet for tonight. The second one is to document the development commitment with regard to the south property line. There was a five foot buffer and an eight foot fence originally proposed during the hearing. That five foot buffer is committed to. The applicant is now proposing a six foot fence, instead of an eight foot fence. The third item was to allow the septic system as proposed by the applicant with a timeline for sewer connection and to and through the property at a specific date. The septic is done. We have committed to allowing them to use that. The proposed date of hook up by the applicant is 2014. Council had indicated a time frame of up to 18 months. Fourth. The applicant was to provide cross -access to the east and west property. The applicant refuses to provide cross -access.. And, then, just as an FYI, the UDC also requires a five foot buffer along the eastern property adjoining any parking areas or drive aisles and they have not provided that. We haven't had an opportunity to discuss that with them before, due to the other outstanding issues, but that his a deficiency of the site plan. And you can see that a little better in the landscape plan and with that I can answer any questions Council may have or Mayor. De Weerd: Council, any questions for Mrs. Canning at this time? Okay. Is the applicant here? Collins: My name is Roger Collins from The Land Group. De Weerd: Can you pull that closer to you, Mr. Collins. Thank you. Collins: My name is Roger Collins. I'm with The Land Group, representing the client, 462 East Shore Drive, Eagle. Is there a question before us? Is there a specific question you want me to -- Meridian City Council • October 7, 2008 Page 1.9 of 90 De Weerd: I don't know if Council has any specific questions. Do you have any specific comments? Collins: One comment that I wanted to address -- we have updated the site plan and provided that with the development agreement to show the five foot buffer in the rear. It also includes a five foot buffer at the east property line. The west property line is actually larger than five feet, except for where the garage is. An existing building. So, it's a little bit smaller than the five foot, but overall we are actually larger than the five foot. The comments that -- in regards to the access, our client is still very concerned . about having access through their inventory of cars. We have provided on the site plan a no build area that in the future could possibly be used for a cross -access, but they are just not willing to grant the access at this time, but are willing to limit themselves on where buildings can be placed and so forth, so that -- that can be done in the future. De Weerd: I think there was also a question of the time frame for hooking up to city services. Collins: Yes. There was -- and I wasn't party to the conversation, but I guess there was some conversation with Mr. Nary and he seemed fairly agreeable to that. I'm not sure -- wasn't here at the last hearing, so I wasn't sure where the 18 months has come from. De Weerd: I think it came from Council. Collins: Did it? Okay. Okay. Council, any questions for the applicant? Rountree: Madam Mayor, just -- you heard the planning director articulate what was agreed to. That's consistent with your understanding? Collins: Yes. Rountree: And that's the position of the applicant? Collins: Yes. De Weerd: Okay. Any further questions from Council or the applicant? Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Good evening. Andrus: Madam Mayor, Members of the Council, Richard Andrus, 251 East Front. I'm here, actually, on behalf of Joann Butler tonight. I believe she was at the hearing last night -- last time and the conversations between her and Bill Nary -- unfortunately, it looks like Ted Baird is filling in for -- De Weerd: No. That's fortunately. L� Meridian City Council October 7, 2008 Page 20 of 90 U Andrus: Fortunately is filling in for Bill this evening and so we are -- I guess we have the second level on both parts. Just to address some of the matters that were brought up, the six foot fence along the rear of the property line, I believe there had been discussion about an eight foot fence. The city ordinance -- actually, the height limit in the ordinance is six feet. The client in this case may be willing to do eight -- an eight foot fence still. I know that discussion has been out there. But, really, I'd defer to them on that. But the reason why the change was made to six feet is so that it would match the requirements of the ordinance. Also in Section 5.1.2 of the development agreement that was provided to Bill earlier, to clarify the landscape buffer along the rear of the property, we'd request that the following language be added. The landscape buffer along the rear property shall be five feet wide. I know there had been discussion about that, but it -- it isn't clear based on the paragraph here that that's the condition that will -- would be included. As far as the cross -access goes, I know it's presented as the -- the applicant in this case is unwilling to grant cross -access. It's a little more nuance than that in this case. I'm sure you're all aware that they plan to have an auto dealership on this lot and it creates of substantial burden in that setting to have public access across the drive aisles of -- of the dealership. In this case neither the applicant, nor either the properties on either side have requested this access. There is a billboard on the adjacent property that makes it somewhat impractical and the adjacent property also already has access off of Fairview. So, just the practicality of it is we -- we wonder why cross -access is -- is actually needed in this situation. There was an extended conversation between Bill and Joann regarding the city's authority to request that cross - access and I mean if you have questions on that I guess I could, you know, go a little further into that, but I think just from a practical standpoint a cross -access doesn't make sense in this situation. As far as the timing of the sewer, I read through the transcript -- don't recall 18 months as being a timeline that was discussed. Maybe it was. But the timeline that was put in the development agreement was one that -- the feeling from both parties was that would be a workable situation. I think that's all I had, so -- if you have any questions I will stand for questions. De Weerd: Great timing. Council, any questions for the legal counsel? Rountree: I have none for Richard. I have some for Bill. De Weerd: Thank you. Andrus: And, hopefully, I didn't put words in Bill's mouth or Joann's mouth. De Weerd: Thank you. Okay. Any further testimony? Canning: Madam Mayor, the height limit within the commercial districts is eight feet for fences. It's six feet for residential districts, but -- De Weerd: Thank you for that clarification. Okay. Council, what would be your preference? If we need to get further information from Mr. Nary, we can set this further on the agenda, or you could continue this item to another meeting. Meridian City Council • • October 7, 2008 Page 21 of 90 Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: If I could inquire about the nature of the question I might be able to field it. De Weerd: Okay. Baird: Bill did brief me on his discussions with Joann Butler. De Weerd: Thank you. Baird: And he is on his way, so by the time we are done talking he might be able to confirm whatever the question is. De Weerd: Okay. Counsel? Mr. Rountree? Mr. Bird? Rountree: Madam Mayor, my questions relate to the discussion on the connection for the septic system and the cross -access discussion, both I think critical issues. Baird: Uh-huh. Well, Madam Mayor, Members of the Council, with regard to cross - access, we think the city is within its rights to require it, so we are in disagreement with the applicant regarding that. With regard to the sewer, was there a specific question that you had? Canning: Madam Mayor? Rountree: Well, what -- Baird: There are some staff over there that might be able to chime in as well. Rountree: I guess my comment on that is I recall some discussion of a shorter period of time than six years -- on the order of a year and a half. So, I don't know that we gain much headway there. Canning: Madam Mayor, Members of the Council, the applicant had proposed the 2014 date within their development agreement. We didn't have much discussion. I did have Mr. Parsons verify as to what -- to go through the minutes and verify what date Council had looked up -- or had suggested at the last hearing and it was up to 18 months. So, there wasn't all -- a discussion about it -- or that I am aware of. Mr. Nary cc'd me on most of those e-mail discussions, so I don't believe we discussed it one way or the other. It's what the applicant proposed. Baird: So, Madam Mayor, I believe to put that another way, that's totally within the Council's discretion on when to require that connection. Meridian City Council October 7, 2008 Page 22 of 90 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just in the administrative process, is there a tickler system of whether we discuss 18 months or six years, as they are requesting -- is there some way that a flag would come up at that point for somebody to check on it? Canning: Madam Mayor, Council Member Zaremba, we don't have one right now. I'm hoping to make,greater use of our GIS system to kind of at least flag properties, so that if someone goes and researches the site they would notice that -- that there was a commitment to connect to sewer services at that time. Zaremba: Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I have a question for Anna. On the matrix you built for just us -- Canning:- Yes, sir. Rountree: -- the various years, the second to the last item is a DA required as a condition of annexation and in 2008 you say no, but that's really a mute point, is it not? Canning: Yes. Madam Mayor, Members of the Council, as I presented that matrix mix to you last -- at your last hearing, what it was is I was looking at 2008 as there is not a DA in place, what are the requirements, just based on the Unified Development Code. So, that's what the 2008 column represents. De Weerd: Okay. Anything further? Rountree: Madam Mayor, Anna indicated we had a copy of the DA, but I don't find it in my packet, unless it's hidden in the minutes somewhere. So, I don't know what the language in the draft DA reflects, if it reflects our guidance in terms hook-ups, our guidance in terms of cross -access and fencing and that sort of thing. So, currently Richard might have to -- Andrus: Madam Mayor, Members of the Council, I have copies if you'd like to take a look. It's -- I think section five is the pertinent section. Canning: Madam Mayor, Members of the Council, this does appear to be the last version that Mr. Nary forwarded to me. Meridian City Council October 7, 2008 Page 23 of 90 De Weerd: Anna, who is it prepared by? Mr. Nary? Canning: Mr. Nary sent our template document to the applicant and they modified that document and sent it back to us and, then, I think we had a couple -- we had commented on it one or two rounds. De Weerd: So, that's why there is a six foot fence, rather than the staff suggested eight foot? Canning: Madam Mayor, it was never a staff suggestion. to my knowledge. It was just a previous commitment made by the developer. Hoaglun: Madam Mayor, a question for Anna and maybe Public Works. If I recall from our discussion at the last meeting on this issue, the sewer line on Fairview was -- was how far away? It was -- Canning: Four hundred and twenty feet. Hoaglun: On Fairview and that was out in this general direction? This was Fairview and it was out -- was it through this property, which they own, but they are not developing, is that -- Canning: Correct, sir. Hoaglun: -- correct? My recollection is correct. Okay. And if I remember right, then, were we talking about -- I had asked -- there was a development planned here to the south that did not go through at the time and that's going to be a much shorter connection right through here for them to connect into, if and when that is -- that property is developed, is that -- Canning: Again correct, sir. Hoaglun: Okay. Madam Mayor, you say -- and this is kind of what confused me. In this draft DA it says sewer is currently 420 feet away from the applicant's south property line and -- and I think this right now is much farther away. I think this right now is much farther away. I think if that development went in it would be coming up. That was where the proposed development was going to be coming in, but the sewer line out here, that's 420 feet away, is that -- Canning: Madam Mayor, Members of the Council, Council Member Hoaglun, I believe you're correct, there is an error there that it's not the south -- applicant's south property line, it would be the applicant's east property line. Is that correct, Kyle? Northeast? Hoaglun: And right now, Kyle and Anna -- if I may continue, Madam Mayor, that -- the current sewer line, then, is probably somewhere down here and they were going to be bringing -- once that was developed, whichever way they were coming in, I don't know, Meridian City Council • • October 7, 2008 Page 24 of 90 but, then, that would be sewered throughout that property and, then, they would just attach through there, so -- Canning: Yes, sir. There is a stub street right there. Hoaglun: Okay. I see that. Thank you. Canning: Madam Mayor, Members of the Council, I think we may have gotten confused. We are going to rewind. It is 420 feet from the applicant's south property line. So, the distance to the hook-up -- their possible hook-up in Fairview is shorter. Christensen: Madam Mayor, Members of the Council, Eddie Christensen, 1882 North Prestwick, Eagle, Idaho. I guess some of the confusion for simple people, like my partner and myself, is a year ago -- over a year ago when we purchased this property, members of the staff are the ones that told us that we could hook up to that specifically in meetings. We. have it documented. They told us that we could hook up from the south as soon as it was brought to us. There are plans for a storage facility to go in there, you know, thus you're looking at an eight foot fence and that type of thing. mean, you know, at one point they may want to put a higher fence, I don't know, but, you know, it's frustrating, I suppose, for us a year later that we are still discussing the sewer issue when, literally, we were given that instruction and, then, in April there was some changes in the staff and, then, they came back and they said, well, now we are saying this. And I mean those are the facts. We were instructed and told that that's what we could do. So, we proceeded with everything else and -- I mean, ironically, you know, we sit here today and we are still discussing the sewer issue, when we have every intention of hooking up or did once they brought it to us, but, you know, I'm not going to cry a sob story over the 30,000 dollars that it's going to cost to take it from the street versus the south side, but those are some major issues right now and getting it paid and doing what we want to do, it makes it -- you know, and beautify the city, if you will. So, I guess we just struggle at this point where it is an easy -- easy fix at that point to tap in and we will absolutely at one point, you know -- but that's why those were put in the -- in the documents that you have there with the times and all of that, but I just wanted to clarify that, you know, we haven't really touched on that, but I mean from the beginning I just don't know if there is a level of accountability or we just take it, you know, and we address as it is today, but literally we were -- that was the instruction we were given initially, that it was -- it was a non -issue -- well, there was a septic tank that at that point we could connect and, then, there were some changes, so any other questions? De Weerd: You know, unfortunately, the staff, nor the city, can control what another owner does on their own property. If they had slated it and told the city that this is their intentions, you know, they are just as good as what you tell us and we can communicate what is -- was -- is what is passed onto us and I don't know if that holds us liable for what someone else tells us. We can pass that information on to you. Where you do have control is bringing the services through your own property and I do know that the preference of this city and this Council has been to hook up to municipal Meridian City Council • • October 7, 2008 Page 25 of 90 services. Septic systems are not environmentally good planning, especially when you have a municipal service that is within your reach and when it's within your reach it certainly is the preference of the city to do so. Christensen: And I appreciate that. De Weerd: And you asked and so I thought I would tell you. Christensen: Right. I do appreciate that. I guess -- I guess the property should have never been annexed, then, with the septic on it; is that -- is that correct? De Weerd: Those are -- are annexed with the intention that they will be connected and that's why Council put the time frame on it, because oftentimes the adjoining properties don't necessarily do what they say and in your particular case you are the adjoining property owner, that you can deliver that service to this other parcel. Christensen: Okay. I have nothing further. De Weerd: Thank you. Any other comment from -- yes, sir. Burrup: Madam .Mayor, Members of the Council, my name is Dan Burrup, 2284 Piazza here in Meridian. De Weerd: Thank you. Burrup: Just to follow up on some of the things that my partner was saying, the cost to connect is a burden at this time. The market is not what it was a year ago when we bought this piece of property. You know, we are -- we are just trying to keep our costs as low as possible. We do understand the need to connect to sewer. We are having to do so and we feel that 2014 -- not it's January 1st, 2014, so it's not quite six years. It's a little over five years. We are agreeing that at that time if the development to the south does not come in, we will go ahead pay to have that sewer connected from the north. That is what we are proposing. That is what I greatly assume was agreed upon between Mr. Nary and our attorney in drawing up the development agreement. Eighteen months simply just is not enough time. You know, last month when we had this hearing it was a closed hearing and you guys -- and Council -- you brought up this 18 months after we couldn't say anything. You know, we honestly felt like we were somewhat blind sided by that, simply because there was no discussion of that beforehand and so the 18 months just simply is not enough time. If we were going to be having an 18 month time frame, we might as well just do it now, because it would cost us more to have to dig it up within that short of a period of time. It's going to take us six months just to get it developed to what we see there now. So, it only gives us a year operation and we'd have to dig it up again. So, simply it just doesn't make sense. Our philosophy has always been to start small and grow and as we have grown we have -- and as we have expanded we have bettered everything that we have done. We are not afraid and we are not saying we don't want to tap into sewer, we want to build a new Meridian City Council October 7, 2008 Page 26 of 90 building on here, we want to make -- beautify this place even and that was the other part of our whole application is that when we do build a building, perhaps in two years, three years, whenever that may be -- if it's before that five year time frame, obviously, we would be -- we would need to connect to the sewer at that point. So, that's what we propose is -- is the five year and two or three months, whatever it is, time frame, just to let us get our feet underneath us, get our business going, and in five years we can tap into it if we haven't already. As far as the cross -access goes, it just simply is not practical for an auto dealership. Most of the time auto dealerships seal off with chains or barricades their entrances at night, because of the damage that can happen and we are fearful of that and the effects the cross -access could be. So, I appreciate you hearing us out and if you have any questions for me I will be happy to answer. De Weerd: Thank you. Hoaglun: Madam Mayor, I do have a question. In the discussion from the last hearing -- and I read it here again, you're looking -- if the septic system were to remain and be in use, there was a pervious material put over it. Is that more expensive than just hard asphalt? Burrup: Yes. Hoaglun: Significantly more expensive, slightly more expensive, because I'm not familiar with that type of surface. Burrup: Roger with The Land Group could probably answer that better than I can. It is more expensive. I don't know how much more. Part of the development agreement it states that we will use pervious concrete over the top of the septic system that exists, so that it can drain. It will drain just as if there was nothing put over it with that. We actually plan to build the whole lot out in a green way. As far as the lighting asphalt when we do a building, we want to do a green building. That's our focus, but -- so, yeah, we are planning to do pervious concrete at this point throughout the whole thing, especially over the septic. De Weerd: What is your maintenance of that surface? I know that they recommend - maintaining it every -- twice a year. So, that it continues to drain, instead of getting plugged up. And I guess that's been some of the down side of those type of surfaces. Burrup: I would like to defer those questions to Roger with The Land Group if I may. I do know that they cannot be sealed like asphalt, because, then, you just plug it up. As far as the maintenance, I don't know. Everything I have heard that they have been successful. But if there is anymore questions for me, I will answer those. De Weerd: Council, anything else? Zaremba: Madam Mayor? Meridian City Council • • October 7, 2008 Page 27 of 90 De Weerd: Yes. Zaremba: While you're there I would address the cross -access issue. One of the reasons that we require it is that on major arterials we are trying to have less reason for anybody to have to drive out into the street to get from one property to the next. Uses are not permanent, but accesses, either their existence or lack of existence does tend to become permanent. You could be wildly successful and in a few years need to move to a bigger property and, then, we are stuck with a piece of property that it doesn't have cross -access and that's uncomfortable for us. You mentioned how you normally would chain off your entrance driveway, it would be my assumption that you could make a cross -access to the property line and chain that off in the same way, which could, then, be removed if the use changes. That would certainly be a preference to me. Is even that a possibility. I'm not saying that the cross -access needs to be used, I just think it needs to be permanently available. Burrup: Madam Mayor, Members of the Council, Councilman Zaremba, we have indicated to our counsel and, hopefully, the conversation from there to Mr. Nary and staff was that we are not opposed to allowing potential future cross -access. It would -- we don't -- we don't need to say that we are never going to allow it. Our concern is during -- while we have cars parked for sale we really can't have people driving in through to get to other places. We have accidents on our lot very frequently by people trying to maneuver between tightly parked vehicles. It's just the way it is. And to now have a business potentially next door to us and somebody trying to come through our lot mostly a lot faster speed than what we would like to have, accidents will happen. Damages will occur. And we can't have that. If we can have an area for cross -access, I believe that as long as we can still park cars there and we do not have to allow that access while we are in business there, I don't see a problem with that. Zaremba: Madam Mayor, my personal opinion would be that if you park cars in front of it and left it chained 24 hours a day as long as you're in business, that's not a problem for me. I -- I can just see a time -- because the adjoining property, particularly the one to the west, is such a small property, they will probably lose their access to Fairview if they ever change their use. And if you're still operating as a used car lot, then,. that's probably not an option, but if the uses change at about the same time, we would want that available and as you have offered in I guess responding -- we are probably saying the same thing. I have no concern that it be usable at the moment, you can park cars in front of it, change it, but it just needs to exist. Burrup: Madam Mayor, Members of the Council, a concern just came to mind that know we have addressed before and that is that there are future plans for Jericho Road to extend along the east boundary of 1139 Fairview, which is to the west of us -- or to the east of us there. Our fear with the cross -access as well is that if we agree to a cross -access, is that going to force us to lose our access on Fairview on 1055 Fairview? If we have a cross -access agreement, would that not, then, say that -- that they tell us we are going to take our access through 1139 Fairview off of Jericho Road? And that's, quite frankly, something we are not willing to risk, that we would ever lose our Fairview Meridian City Council October 7, 2008 Page 28 of 90 access, it simply would not work. A car lot would not work without Fairview access. So, guess what we would be willing to do would be to allow cross -access, as long as we can still park cars there and as long as it doesn't impede future access issues to Fairview off that parcel, we are entitled to now. De Weerd: I don't know. I guess it baffles me and I guess it's kind of frustrating that you have two pieces of property next to each. other under single owners that are not interested at this point to master plan, to at least give an idea of how these two parcels will have a relationship with each other and, you know, we do try and learn as we make mistakes and sometimes that's why we are emphatic about doing things a certain way, because we have seen them fail. And access points, cross -access, access agreements and connecting the sewer are -- those are all things that we have learned some pretty nasty lessons from and that we won't bore you or anyone else in this room with, but, you know, I guess my question is I don't know what you have planned for next door, but imagine you do and is it going to be compatible with this and, you know, I guess to staff, can we require a cross -access if they ever get a building permit? I mean that's -- that's one way to trigger that you have to design when you have a long-term plan for this or if you're going to do a higher and more impactful use for this piece of property, that that's when you have the integrate it into your plan. I think a DA can do that. It helps with. your temporary use and it makes you plan these things into your long term use. So, again, we are not interested every application at recreating or re -inventing the wheel. We do try and take lessons learned and apply them, so that we do have a better community and every access out onto Fairview, which is an extremely busy road, is another accident waiting to happen and I'm just saying that on the -- because I know Lieutenant Overton would if I gave him a chance, but -- and it's -- it's not to be preachy or anything else, but that is why this Council pays attention to some of these details, because we are responsible for the public safety, not just those of your customers that are going to go in and out of your property, but those that they have a potential to hit, so -- and that's why these details matter. Burrup: Absolutely. Madam Mayor, Members of the Council, I understand where you're coming from. I understand your concerns. You know, in this hearing -- in this short hearing this is the sum of 13 months now of meetings with the staff in Meridian, with our legal counsel, with our development group and so can't bore you with all the details that we have from all of that, but we have -- we have a master plan in mind. We actually have shown that master plan. But, staff basically said we are not interested in seeing it, because we have to apply for a new CZC anyway, so we can't -- they could not take any consideration whatsoever as to our master plan, because we were not developing 1139 Fairview at this time. And so we do have a plan -- I don't -- perhaps, Roger, do you have it with you? We don't -- but the plan is is to make it all one master plan. We propose to ACHD, we propose to staff, one, consolidating the three accesses that exist today between the two parcels into one access, we have proposed it. Quite frankly, right now we have 1139 Fairview up for sale and the reason for that is because we wanted to insure that we had Fairview access for 1065 Fairview and -- and by selling 1139 it eliminates the potential of having to connect through Jericho for that whole parcel. We feel we have been very reasonable in giving up two of the three accesses Meridian City Council October 7, 2008 Page 29 of 90 and consolidating one access for that whole entire piece. One building and the rest parking stalls, well lit, with clean inventory that will look very nice. That is our master plan for your mind's eye, but I -- I cannot -- I cannot delve into that now, because we have always been shut down on the thought of presenting the whole big picture. We -- nobody would let us. So, we are trying to do it here. That's our business now. I mean it's on one half of an acre. We keep it very clean. We keep it -- we are very meticulous. We have -- our inventory average year old is about four years old. So, it's not old clunky cars. We -- the plan for this dealership is, actually, to be -- think green car company. Want to focus on hybrids and the alternative fuels. We are going to do a green building, as I mentioned. Everything is going to be green. So, that is the master plan for what it's worth. We are not trying to ask for anything that we don't feel like we are entitled to. We feel like we are giving up quite a bit in order to have the one access, but that's why -- De Weerd: So, sir, in your long term plan will you be able to provide cross -access? Burrup: In the long term plan we -- we will. My only fear is we don't want to lose Fairview access. We need one Fairview access point, whether it's right -in, right -out, as mandated by ACHD or whomever, we have to have Fairview access for our master plan to work at all. And so if we can take one access off of Fairview for the two parcels and one access of Jericho, as detailed in prior approvals that you have made for the property behind us to the south, we will be happy with that. De Weerd: Welcome, Mr. Nary. Nary: Thank you. Canning: I think, Council, did you have questions for Mr. Nary that Mr. Baird would not -- was not able to answer? Rountree: My question's been answered. De Weerd': Okay. Bird: Mine has, too. De Weerd: Okay. Burrup: If I could just add one more thing.. If we -- if we knew that our master plan would be approved and that we could do that, I'm quite confident we would take the property off the market. We do want to go forward with our plan. De Weerd: Well, certainly, it's my preference for a master plan, but legally I never know what I can ask for. So, that's what Mr. Nary and Mr. Baird are for, to keep the electeds out of problems. But, you know, in -- from a staff perspective, they can -- they can tell you what is in our plan and what the parameters that they have to operate under. Ours Meridian City Council • • October 7, 2008 Page 30 of 90 are a little bit more vague and that we have public safety, we have other considerations that this Council does have the authority to ask and I can tell you sometimes we stump the staff in what -- so, if they didn't tell you that, they were being nice. Hoaglun: Madam Mayor, I just wanted to find out -- and maybe Roger can tell me this. The reason for my question on that pervious surface, if it's a substantially higher cost, you know, if you look at connecting to the sewer and, then, you don't have to do that -- you know, if the dollar amount -- you know, if that's a savings and, then, you can apply that to' sewer, connecting the sewer is expensive when you got to dig those lines out. The value to your property to the east, does that -- having a sewer line connecting to that property adds value to that property, if you're looking to sell. If you're looking to develop, it's already in, it's part of the infrastructure. I know in this market in this day and age it's the way the finances are, that's difficult, you know, every penny counts. It always does. And more so today. But that was just something -- I don't know of the cost differential is that much where it would save you money to go with the hard surface, not go with the pervious surface, allows you to put that money into -- into the sewer connection, allows that value to be added to the property to the east. You know, just something I was just kind of curious to explore. Burrup: Well, just -- just to answer that briefly, that's -- that's part of the reason why we are just asking for five years. You know, originally -- and, again, you know, you already went over this with my business partner, but we were told that we would be able to operate off of our septic indefinitely, until sewer was provided and, then, we would be forced to tap in within six months of that. That was said on three different occasions with meetings between your staff, our development group, us, among many many people. So, we went through our whole process, only to be denied at the end, because of sewer, which was the thing that was resolved from day one, before we -- before we ever hired anybody to do any development agreement. And that is the reason why we are only asking for five years. If five years from now we haven't connected, we will connect, because we feel like that would be enough time -- who knows how long we are going to be in the economy that we are in. It just isn't feasible right now to connect and 18 months isn't enough time. Eighteen months we might as well do it now, but to do it now I think is pretty much a deal killer for us. We -- as far as the cost goes, in the development agreement it states -- it states that we will provide that pervious concrete over the septic area. So, we are only talking an area maybe 20 by 20. The cost differential is not going to be that great. We are looking at 1,500 dollars to connect from the rear, if it was provided by the south, 35,000 dollars if we have to connect to the north right now. Hoaglun: Thank you for that. I appreciate it. De Weerd: Okay. Burrup: The plan, too, just to -- just to lay one more thing out there, we do plan to take the old structures down ultimately and put up a new building that would go to the rear of Meridian City Council • • October 7, 2008 Page 31 of 90 the property and towards the center between the two parcels, ultimately, would be the goal. So, any other questions? De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would have a question for Public Works, perhaps, and I don't know if off the top of your head you would be able to say how -- how close to this property is the city's nearest well? Or is that even an issue? If the septic tank is operating correctly, do we care? Radek: Madam Mayor, Mr. President, Councilman Zaremba, the closest well is -- Well 10 is about a half mile away. There is not anything that's very close to it and I don't think that's a major concern for us. Zaremba: Thank you. De Weerd: Okay. Anything further from Council? Rountree: Not at this point. De Weerd: Okay. Any clarification on the surface? Hoaglun: No. He answered that adequately. Thank you. De Weerd: Okay. Thank you. Okay. Anything -- any final comment from the applicant? Okay. Staff? Council, any further questions? Bird: I have none. De Weerd: Okay. If there is nothing further, do I have a motion to close? And, remember, if there is any comments, discussion, let's do it before we close the public hearing. Rountree: Madam Mayor, I'm just going to make a comment. The way the DA was drafted and the conditions that are set forth, it's not acceptable to me. The reasons being we have a history of some seven years on this property of promises and I think Madam Mayor explained that we have learned from experience, not necessarily mistakes. In that time we have had at least two applications, promises to get things done. We have yet to see them get done. We have a commitment of some five years from now, six years from now, something might get done. That's not acceptable to me. We need to get it done. As a Council, we have taken some strong positions about if you're part of the city you're going to be hooked up to our infrastructure. We have made Meridian City Council October 7, 2008 Page 32 of 90 some exceptions with some pretty strong conditions that at a time certain you will. think those strong conditions our still applicable in this case, whether it's 18 months or two years, depending on what the timeline might be. In all honesty, if we were to approve this with a five year period, my guess is that it would get lost and some 30 years from this point in time when their septic system failed, somebody would realize that they should have been hooked up for the last 25 years, so -- and that's nothing against staff, that's just what I have seen historically. These things get lost in the file cabinets. So, that -- right now that's where I'm coming from. I can approve this if we change the conditions of the development agreement. I have heard from the applicant that if we do that it's a deal killer. So, it's kind of lose -lose for them which ever motion that I might put forward after we close the public comment period. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I, too, echo Councilman Rountree's thoughts, because we have both sat on the Council long enough to see things like this happen. I can assure you we are going to get hooked until the system does go bad, if it's 20 years from now or if it's one year from now. I think we got to -- to definitely make sure we -- in our agreements we provided, within a reasonable distance, sewer hook up and water hook up and condition of annexation has always been that, so I could -- I could probably live with two years, but certainly can't live with 2014. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Me three, plus the cross -access. Hoaglun: Yeah. Madam Mayor, two years is acceptable to me. Having the availability of the cross -access I think is important, knowing that they can block it, it's -- but it's for a future time when that use of the property changes, things can change, but two years is as far out as I can go on sewer. De Weerd: Okay. Final comment from applicant? Burrup: Madam Mayor, Members of the Council -- De Weerd: If you will state your name once more. Burrup: My name is Dan Burrup. ' I would just like to ask Mr. Nary what the conversations were between him and Joann Butler for the last 30 days. We were led to believe immediately after the Council meeting on September 9th, I believe it was, that Meridian City Council October 7, 2008 Page 33 of 90 five years would be a reasonable time that we could negotiate. We invested one more month of attorney fees, development costs, all these things to be told the same thing again today and we were led to believe after that meeting that five years would be very doable and over the last 30 days the development agreement has gone back and forth with the five year and three month timeline and not once has any concern ever been brought up to us. Why are we -- why are we still dealing with this today is what I want to know? Nary: Madam Mayor, could I respond? De Weerd: Uh-huh. Nary: I don't know who told you any of that. I spoke to Ms. Butler in the hallway on September 9th. She told -- she was bothered just like you said about this hook up time period. I told her you can propose whatever you want, it's up to the City Council. They told you 18 months when we were sitting here a month ago. She wanted five years. said propose five years. She wrote that provision in the contract when she sent it back to us last week. I spoke to her on Friday. The only comment staff made was to make sure the hook ups were right, but Ms. Butler's always known or should have always known that was the sticking point -- has always been with the city, because it's never been a discussion point that it has changed and certainly myself and the Public Works staff and the planning staff can't speak for the Council. They clearly gave direction a month ago. Ms. Butler should know that all that you were doing tonight was proposing an alternative to what the Council had suggested and whatever that alternative is is still their discretion to make that decision and that's what they are telling you. Burrup: The other item is this property was annexed, I believe, in 2003. There was no development agreement given at the time for it to. be hooked up to the property. That was something that your staff and many people in the city have tried to find how something went wrong back then. I don't how. All I know is it wasn't my fault. All know now is that we are willing to work with you -- we are willing to put this sewer in in five years, if we haven't done so sooner. We are willing to do all that. But we need more than two years. You know, the economy isn't good right now. If it was like it was a year ago, I think we would be happy to do it right away. But, quite frankly, we can't do it right now. And, you know, we didn't miss this development agreement, there is nothing that ever said that sewer was going to be brought to the property when it was annexed in. Something got missed by the previous owner of the property, by the City Council, by staff -- everybody. But it wasn't us and so we are trying to work with you as far as all that goes. Any other questions? De Weerd: No. Thank you. Okay. Council? Rountree: Madam Mayor, I move we close the public hearing on Item 11. Bird: Second. Meridian City Council October 7, 2008 Page 34 of 90 De Weerd: Okay. I have a motion and a second to close the public hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: We have had discussion. Do we have a motion? Rountree: Madam Mayor, I believe I have heard that there is not any wiggle room with this agreement at this point as it relates to at least the sewer hook up, so I propose a motion that after hearing comments -- public comments, staffs comments, I move that we uphold the director's decision to deny the CZC for 08-010 and at ALT 08-004, as presented in the hearing this evening, for the reasons of not being able to reach a timeline for connection to the sewer that's acceptable to the city and cross -access agreement conditions. Hoaglun: Second. De Weerd: I have a motion and a second. Discussion? Okay. Hearing none, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 08-004 Request for Annexation and Zoning of 318.74 acres from RUT to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of.Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: Item 13: Public Hearing: PP 08-003 Request for Preliminary Plat approval of 139 lots including: 118 residential lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district for Oakcreek by Norpac, LLC — east of North McDermott Road, west of North Black Cat Road, south of Chinden Boulevard & north of Ustick Road including the southeast and northeast corners of West McMillan Road and North McDermott; and near De Weerd: Okay. Items 12 and 13 are public hearings on AZ 08-004 and PP 08-003. 1 will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Before you tonight is the Oak Creek project. The site is located -- apologize for that map. It doesn't depict it too much -- very well as far as the property boundaries, but it is south of Chinden, east side of McDermott Road, west side -- west of Black Cat Road and north of McMillan Road, Meridian City Council October 7, 2008 Page 35 of 90 with two parcels located in the southeast -- a parcel located in the southeast corner and this is a parcel located in the southwest corner of Black Cat and McMillan Road. The applications before you -- the applicant is requesting concurrent approval for annexation and zoning of 318 acres to R-4, R-8, R-15 and preliminary plat approval for 118 single family building lots and 21 common lots on 30 acres in an R-8 zone. So, here is the aerial of the site. Again, this is what's being -- this whole area is what's being proposed for annexation and at this time this is what they are proposing to plat with this application. The applicant is proposing a mixed use residential master planned community. The applicant its proposing three different neighborhood plans and zoning districts to provide communities of all income ranges. Each community proposes a range of product types to include single family detached, townhomes, alley loaded, single family attached and multi -family units and the densities associated with them. On the concept plan the traditional family neighborhood offers approximately 215 home sites and consists of 69 acres zoned R-4. The mixed density single family neighborhood offers 1,000 home sites on roughly 192 acres, zoned R-8. And the mixed density area consists of 58 -- excuse me -- 56.82 acres zoned R-15. So, this is where your R-4 zoning would be as far as the traditional neighborhoods and, then, transition to R-8 and, then, the orange color here would be your R-15 zones that the applicant's proposing. Gross density for this site -- for the entire project is roughly five acres -- five dwelling units to the acre for the 30 acre plat located in the southwest corner, they are at 3.84 acres -- gross acres -- dwelling units an acre. Here is more of -- they are showing their lot layout. Again, some of their road -- proposed roadways that they are showing for the whole site, as I mentioned earlier. This is the 30 acre plat that they are going forward with now. The reason why they are able to plat this at this time is because this site is within the Black Cat sewer shed and that's the only -- at this time only that parcel and this parcel up here could be serviced with current city services. Here are some of the elevations that they propose. The first group of elevations that I will be showing you tonight is, basically, tied to the annexation. The applicant has proposed separate elevations for the preliminary plat. So, this is some of their attached units, their duplexes, their larger style homes on the site. I'll move through this very quickly. Here is some of their alley loaded product there. Their townhomes. And, again, some of their -- or, again, some of their cluster homes there. Here is, again, the 30 acre plat that they are proposing tonight. It is roughly 118 acres. Here is the landscaping plan for that portion. Excuse me. One hundred and eighteen lots. This is the landscaping plan. They exceed the UDC requirement. They are providing over ten percent open space within that 30 acre parcel or plat. Excuse me. Here are the elevations that they are proposing with the plat. All of these elevations have been tied to the development agreement that has been attached to the development agreement provisions that are part of this application. This is one style, the single story style that they are proposing. Here is a two story. You can see they are going to have modulation in the building, some -- a lot of glazing on the building. It's three car garages and stone accents, front porches. Staff was real supportive of what the applicant proposed with the first phases of the plat. Some of the other DA provisions that staff might like you to be aware of is, one, right now, if you recall, there is a Highway 16 study going on along McDermott Road and so the applicant has proposed in the DA -- with the DA provisions that they would not plat any properties within 700 Meridian City Council • • October 7, 2008 Page 36 of 90 feet of that until that study is complete. So, we have that attached as one of those extra ordinary type DA provisions to make sure that that alignment study gets in place before we see any access to that roadway. Also, the applicant is proposing to construct an interim lift station, so the additional 288 acres can be serviced with city sewer. They are also proposing to construct multi -use pathways that are consistent with our master pathway plan. They are also proposing to construct at least four pocket parks totaling a minimum of five acres and providing two amenities with each of those pocket parks. They are also -- if I can go back up to the aerial here. Along this portion of the project is Ten Mile Creek. They are proposing to do an enhancement restoration along that portion of Ten Mile as part of this project. The applicant also has a range of units between -- not to -- not to be less than 1,000 units and up to a maximum of 1,300 units at build out with this subdivision. At the Commission hearing on August 21st, 2008, they voted to approve the project. Becky McKay, Thomas Coleman, and Tom Coleman spoke in favor of the project. Key issues of discussion by Commission at that hearing -- one was the Highway 16 alignment study and where they are in relation to the timing of .that. The interim lift station. Commission was wondering how other potential property owners in the site could upgrade that interim lift station and propose development and annex within the city at that time -- at a future time. Commission wanted further classification on how they were proposing to restore the Five Mile area -- the Five Mile Creek area. And the other big thing -- the other thing I failed to mention, too, is the applicant's proposing to participate in the reuse program that we currently have underway with Public Works. So, a portion of this site in the future will -- hopefully, there will be a pilot program out there to use reclaimed water from the wastewater treatment plant to use as irrigation in the future. So, they have agreed to kind of participate in that as well with this. And so Commission wanted some more information on that as well. The other thing that -- the key changes to staff -- when we went before the Commission, the applicant didn't really depict how they were going to develop the R- 15 portion of the development and prior to Council -- excuse me -- prior to Commission the applicant did get staff revisions to the concept plan and Commission was able to act on that and recommended approval of that concept plan. So, written testimony as the staff report -- a gentleman -- I can't pronounce the last name very well, but his name is Mike, he was in opposition of the project. He would like to see some type of bike lane along McMillan Road for -- as future roadways develop out there. Walt Morrow from Western Ada Recreation was in favor -- was in favor of the project. And Kevin Howell also submitted written comments. He's in the audience tonight. He's -- he owns this -- these two parcels here between the applicant's project and he's curious on -- he wants to know if there can be some provisions that he can hook up part of the sewer connection as well. So, hopefully, he can provide some more comments. All those letters should be in your packet tonight. Hopefully you got them and were able to review those. So, outstanding issues before Council tonight is one -- there is actually two. Should we annex this -- should this Council annex this property prior to the completion of the Highway 16 alignment study and prior to the construction of the Can - Ada lift station. Is this project in the best interest of the city. And, then, the other thing I'd like to bring up is one of the DA provisions that staff had written into the staff report was the applicant was to construct a minimum of an eight acre park site located centrally to the northern portion of the development. In discussions with the applicant Meridian City Council • • October 7, 2008 Page 37 of 90 and their representative, they'd like to decrease that number to a six acre park and simply tie the whole project to an overall open space requirement of 12 percent. At this time staff -- or that concludes my presentation and I would be happy to answer any questions Council -- Mayor and Council may have of me. De Weerd: Thank you. Council, any questions for staff at this point? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the park was it the thought that the eight acre park would become a city park? Parsons: Madam Mayor, Councilman Zaremba, no, it was, basically, an amenity for the residents -- Zaremba: A homeowners park no matter what. Parsons: That's correct. De Weerd: Okay. Thank you. Is the applicant here? Coleman: Madam Mayor, Councilmen, my name is Tom Coleman. Address 1025 South Ridgeway, Eagle. I would like, before I start my remarks, to make a request and a promise. The request is that we get an additional five minutes, because we have a lot of information to present. My promise is that my remarks personally will be very, very short. Rountree: We will hold you to it. Coleman: You can do that, please, sir. De Weerd: You have 30 seconds. Coleman: Could I have less. My name is Tom Coleman and I am an owner of Coleman Company, who is the owner of the land, the developer, and will be the primary home builder at The Oaks. We are privileged_ to be able to present this project to you tonight and we appreciate your receiving us. Because this is our first project in Meridian, would like to take just a brief moment to present ourselves to you. Coleman Homes has Meridian City Council October 7, 2008 Page 38 of 90 been a family owned business for 60 years and continues to be an exclusively family owned business. We are very proud of our company's history. We have been at it a long time. We have been primarily residential community developers and home builders. We also have a significant experience in retail commercial, retail office, and apartment building. We are very proud of our company's history. We have always maintained very respectful relationships with municipalities with which we have done business. Our employees, our subcontractors, and especially our home buyers, who, of course, are the blood of our business.. While proud of our history, we are acutely aware that we are newcomers to Meridian and need to do the work to earn your -- earn from you the same respect we have earned in other communities. We are committed and excited to do this work and to make The Oaks one of our best examples of what we can do. At this time I would like to yield -- I hope that wasn't too much over 30 seconds -- and to people who will make a much detailed presentation. Thank you very much. T.Coleman: Mayor and Council, Thomas Coleman, 1002 Winding Creek in Eagle. wanted to present to you briefly a little bit of project history and give you some details about the project's master plan itself and, then, Becky McKay will provide any details and probably everything intelligent we have to say. Could you go to the next slide, Bill. I just wanted to correctly just kind of introduce our project team. We are really happy with the extensive and knowledgeable staff team that we have had of local and regional companies. And, actually, I just wanted to give you a little bit of project history. I won't take more than a second. Bill, if you don't mind going to that next one. We bought the property in 2005 and have since, then, been having a lot of meetings with consultants, city staff, neighbors, and to this point got our application in in February of 2008. We are really happy that we don't have any neighborhood opposition. We have been working with them very well and I think we have made a lot of progress there, as well as with staff. We really appreciate all of the time and effort staff has put into this. It's been a very big effort and they have -- they have helped us out tremendously. I wanted to give you a little bit of an idea of our vision for The Oaks and how we began this process and in doing that we kind of established what our initial goal was for the community, which is to provide a long term value for our residents, as well as the City of Meridian. We want to do that by integrating our amenities, our landscaping, all of our homes, so that we bring value to not only our community, but the City of Meridian itself and we do that by offering a high quality design, not only our homes, but the entire community. And what. we are seeking to achieve here is what we call a mixed density synergy, which we have all residential uses, because we don't have any commercial, but we are proposing a lot of different types of residential uses, single family homes, townhouses, those types of things, so that we can bring a diverse group of home buyers, so that everybody gets to enjoy the benefits of a master planned community without having to pay what you typically see as extremely high prices for those types of things. As my dad mentioned, we are the owner, the developer, and the home builder and that allows us to provide higher quality homes at reasonable pricing, because there aren't three different people that are all looking to make a profit off of the same benefit. And it also allows us to offer that level of amenities that are more commensurate with a larger -- a higher priced community. This is a long term commitment for us and the reason that we are approaching this with a concept plan and a plat is that we want to be able to offer Meridian City Council October 7, 2008 Page 39 of 90 diverse and ever changing home styles, so that as the home buyer preferences change, we can meet those and not have to come back in and make adjustments and change, we can continue to move with that and what that does for the City of Meridian, as well as us, is it helps us achieve a successful project, because our sales rates are there to meet what current demands are. So, we are not always trying to play catch up with what has been successful in another city. And in doing this we can create a distinctive place where residents can buy the first home that they are moving into that can move up when they are to have a family or they can retire there. We like to think that people can live in our neighborhoods throughout their entire life no matter where they are. We oftentimes see people moving in and, then, they have their parents follow them and sometimes their parents follow them and that's really what we seek to achieve. All of our homes are going to be very thoughtfully designed with architectural features that will all be approved through our in-house architect and architectural committee for the entire master plan. One of the fundamental aspects which Bill touched on is the city's water re -use program, which we are really excited to be a part of. We think it's an environmentally responsible thing to do and our understanding is that the overall program would save the city about 35 million dollars and we think it's a fantastic idea and we are just happy to be a part of it and to, hopefully, get this thing launched and to put that in place. And in following that trend we are hoping to seek out additional environmentally friendly response options like permeable driveways, responsible use of our stormwater, energy efficient homes, as well as the restoration along Five Mile Creek. All of that kind of culminates into our concept plan, which is focused around a central boulevard, which is similar to some other communities where you have a lot of neighborhood set off of a central boulevard, but what we have done is focused on the design of this to create a unique atmosphere where we will have a sidewalk on one side, which will be meandering and on the opposite side we'd like to do something similar to the city's pathway system, so we can expand the city's pathway system throughout our entire community. Overall we will have about seven miles of pathways throughout the community. So, you can see that - we would have more active uses on one side, like people riding their bikes and running, where people could walk and linger more on the opposite side of the road, so that we don't have conflicting uses. The reason that we designed our concept plan the way that it is is because of where we are located at the -- we are right by the intersection of future Highway 16 and 20-26. We think this will be an ideal location for residents who work anywhere in the valley, it will be very good transportation for them and also, as Bill mentioned, we have designed the site to accommodate for any alignment that Highway 16 is currently being considered at this time. In order to insure the concept pian is achieved in the way that we -- the promises that we are making and what our vision is, we have entered into a development agreement and have made substantial requests in there that have been -- that we have worked through with staff to make sure that all of these things are achieved -- to make sure that our community vision is consistent and that the commitments that we have made to you are consistent. The design is focused around the three neighborhood types as Bill mentioned. Our traditional neighborhood design will be larger single family homes on larger home sites with substantial landscaping and are more compatible with our surrounding uses. The mixed density area, which -- I'll get a pointer out and show you -- is the orange area, which Bill mentioned as well, and this Meridian City Council • • October 7, 2008 Page 40 of 90 will be kind of a transition to a little bit higher density area. We will have some more particular single family homes there, some houses that are on alleys that are normal single family homes, but we'd also like to introduce some of the duet style homes that you saw and those types of things. And I'll get into those a little bit more. Our third neighborhood area are -- is what we call our mixed density neighborhood core and that's what we'd really like to focus a lot of our homeowners. It gets them closer to what we -- our public amenities are and decreases the amount of traffic we have within our community itself. These will be single family homes as well, but some more attached homes. We'd like to work some more imaginative designs on the home styles, so that we can create a lot of different offerings for people. There won't be any rental homes in there. The only reason that we requested R-15 zoning for that area is so that we can utilize the setback requirements and those types of standards to achieve the housing types that we'd like to build in there. The community amenities are all focused around the central park, which Bill mentioned. We'd like to commit to six acres there. We have shown a couple of different renderings and different sizes of that, but the park itself we think will be about six acres to have enough room for play fields, a community center, and a swimming pool. We, then, would like to distribute some of that open space to other parks in the community. We think that each one of our individual neighborhoods will have its own park, which will have its own specific identity for that neighborhood, with a different type of amenity, like a botchiball court or something along those lines. Overall, we will be over more than 30 acres of open space and we have committed to 12 percent. About six miles of pathways, as I mentioned earlier, and, additionally, we are working with the Western Ada Recreation District to commit a site to them that would house a swimming facility and some play fields as well. So, we are really excited about that. I think it will be a very good opportunity for us to integrate with the community and provide something for them as well. Our home styles -- getting back to those briefly. Our traditional single family home -- our traditional single family homes are similar to what you see in a lot of your nicer communities around town. They front onto the street. They have larger backyards and very nice landscaping. The other single family homes that we'd like to build are more along the alley. You get a little bit nicer street scene, because you don't have our garage there, so the front of the house is a little bit more appealing. After that we kind of get into a little bit more unique product type, which you have home styles called green court homes or passeo homes and those are these that orient themselves on a green area. It promotes kind of community interaction between all the residents that live in that green area. These are a lot more appealing to people looking to downsize or younger families that don't want nearly as much maintenance or a bigger yard, but still kind of price that community feeling that you get. The grouping of houses that we have -- if we can go to that next one -- are duet homes and two unit townhomes. These could be in our R-8 zoning area. They are relatively low density or an attached product, but we get to provide a little bit lower price point for people while keeping the amenity level and the level of our housing very high. You can see that these front onto a street and these would be on an alley, so that we can integrate them all together into -- into the same neighborhood. We wouldn't have to divide these up into pods of all of one type of house or one or the other. The last that we are -- the last type that we are looking to build are mansion homes and tuck under townhomes and these are two ideas of what some of our multi -family for sale houses Meridian City Council • October 7, 2008 Page 41 of 90 would look like. Mansion homes are really unique in that they integrate very well with just typical single family houses, because that's exactly what they look like. But they usually have anywhere from three to five different townhouses within that. Tuck under townhomes are just four units in a row, but they are also very appealing from the street and those can be oriented on an alley or a courtyard area. And just to kind of summarize where this idea comes from, we, unfortunately, are not really brilliant enough to come up with this on our own, this is something that's been kind of a tried and tested plan in places like Daybreak in South Jordan, Utah. Valley West in Bozeman, Montana. And McKay Landing in Bloomfield, Colorado. And as you can see here this is Daybreak in South. Jordan and what they have done -- each one of these colors represents a different type of house style and they are able to integrate each .one of these house styles into individual blocks or neighborhoods by making them all integrate very well, but, then, they also achieve a very diverse type of home buyer. But they still offer great amenities. All of their -- this yellow area is an amenity for the homeowners. It's been a very successful community. With that I'm going to turn it over to Becky for anything that she might add, which is a lot, unless you guys have any questions from me. Thank you. De Weerd: Thank you. Rountree: Madam Mayor, before .Mrs. McKay starts, I have a question for her and, then, possibly a declaration to make. Is this the project you have been discussing with the Western Ada -- McKay: Yes, sir. Rountree: -- in the past probably six months? McKay: At least six months, maybe longer, sir. Rountree: Okay. I am a director of Western Ada Recreation as well. I have recused myself on any issue that would ultimately come to the city before an application has been made or presented to Council. I have recused myself from this application, have not discussed this project with either the applicant or with any of the board members of Western Ada, with the intent that I would make action on this project as a city councilman as it related to the city. So, does anybody have any problem with that and if you do I will recuse myself. Bird: Stay in your seat. Rountree: Okay. Thank you. De Weerd: Okay. Thank you. McKay: Becky McKay, Engineering Solutions, 1029 North Rosario. And you know I can't do anything in 30 seconds. Meridian City Council • October 7, 2008 Page 42 of 90 Nary: You already went past 30 seconds. Bird: You're an attorney, remember. McKay: Yeah. What you see here is kind of an overall concept plan. As Thomas indicated, we are taking advantage of the continuous collector concept, which what we show here as far as our collector network is consistent with your comprehensive plan. We have -- this is the half mile, so that could potentially be a signalized intersection and based on build out it does warrant a signal in the future. Then, the collector goes up here and stubs to the northern boundary, which, then, we anticipate would be extended on and go up to the half mile at Highway 20-26, which is also consistent with the Comp Plan. The collector system wraps down here. We have got a short collector here. This is the proposed Western Ada Recreation site. We have been working with them for months now and they have been great to work with and as Councilman Rountree indicated, he has not been present at any meetings that we have had with their board of directors. We also show a collector that comes up here to the eastern boundary. It transitions to a local street here and exits out to Black Cat. The reason that we did that was the future collector is going to be located right here at the half mile. That is an alignment with the collector at Volterra and the future elementary that is between Keego Springs and Volterra. Therefore, when this collector is constructed we have a stub street that drops down here, stub street that interconnects here, then, this would be eliminated. And we think that that will work very well. Our point of being contiguous with the city limits is right up here. This property is 215 feet wide and it's over five and a half acres and that was a parcel of record, so this is not considered a shoe string. Right now before you is the preliminary plat application on the 30 acre parcel here, located on Black Cat. We did work with Public Works and paid for a water stub here, water stub to the north and a sewer stub to this property. So, this preliminary plat will not require tearing up Black Cat Road that they just paved. We provided preliminary sewer analysis on this to demonstrate that this can very easily gravity flow and based on the excessive depth you have got there in Black Cat we did not have a problem. The different colors, as Bill indicated, represent zones and different product types, as Thomas went through. Right up here we have the R-4. That constitutes about 22 percent of our project. We have the R-15 right down here against McMillan and, then, again, against McDermott and that's about -- the R-15 is about 18 percent. Predominately you're looking at an R-8. About 60 percent is within that R-8 range. As Bill indicated, we have got -- we anticipate between a thousand and 13 hundred dwelling units. That would put us between four and five dwelling units per acre. Bill, could you switch to the next slide. One of the things I wanted to go through is the Highway 16 extension. We have definitely been involved in this process. I have been meeting with ITD on multiple occasions. I have been involved in three other projects that are in alignment with the future Highway 16 extension. The preferred route is what they call the near west route, which is 400 feet west of McDermott Road. Initially, ITD evaluated I believe in their level one analysis 12 alternatives. They have whittled that down in their level two analysis to three routes. Near west, near east, and in alignment with McDermott. Their preferred, based on prime agricultural land, the number of homes within the alignments,' the number of property owners affected, wetlands, Meridian City Council • • October 7, 2008 Page 43 of 90 historical sites -- they have a whole criteria that they look at in determining what is the preferred alignment. That near west is where they want to be. Obviously, that cannot be solidified until the EIS or environmental impact study is approved by the feds. They are wrapping that study up. I believe they were trying to get it done last month and get that submitted and start processing through the system. We -- to the next one, Bill. This also demonstrates you can see our -- the subject properties right here. That's a 300 foot corridor that ITD is looking at. One of the things that we designed into our project is a safety factor. We intend to not develop this 700 foot strip in through here until ITD and the city have agreed upon where that alignment is going to go. This collector is right there on the edge of it, so as far as our conceptual design, it would remain intact. If they decide to go in the alignment of McDermott, we would just slide over it a little bit and increase ourbuffering. But we have -- all the buffers that we show exceed the recommended buffers along those arterials. As far as the overpass, the interchanges will be at 2026 and at Ustick, when it will have an overpass over McMillan, so McMillan will go under it. Reason being it wouldn't be the reverse, it will be cheaper to cross future three lanes with the six lane than the reverse. This is an expressway, so we do not delineate any access to McDermott within our design. If by chance it -- this is solidified, then, we left the option in our development agreement open that was potentially with the city's approval and ACHD's. Possibly have a collector outlet at that half mile. Bill, can you go to the next one. As far as the sewer, right now what you see here -- this is the current city limits and these are approved projects. The Tree Farm. This is Volterra and Bainbridge. We are contiguous here at Keego Springs. Obviously, you can see this -- this is a natural -- oh, boy. I'll try to wrap up. De Weerd: Time flies when you're having fun. McKay: It does. This is a natural progression here -- Zaremba: Madam Mayor -- McKay: -- we are proposing a -- Zaremba: -- I would propose some extra time, since she's doing an excellent job without using any display boards. Do you feel like you're missing something? McKay: I do. Zaremba: You're doing very well. De Weerd: I wouldn't propose extra time, because, then, she will take that plus. McKay: I will expedite -- Zaremba: I was just trying to make it a reward for -- McKay: Thank you, sir. Meridian City Council • October 7, 2008 Page 44 of 90 Zaremba: -- working with the electronics. McKay: What we are proposing is an interim lift station in the future to handle the three -- or the 288 acres that are not part of this preliminary plat. In your 2003 sewer master plan it initially showed a regional lift station right here at our southwest corner. When you moved your area of city impact out -- boundary out to Can -Ada, then, this became the Can -Ada regional lift station. We have worked diligently with public works as far as providing them information on the estimated depth of that wet well. Obviously, we also want to make sure that the improvements that we put in are permanent improvements as far as facilitating the future gravity flow back to the Can -Ada regional lift station. Bill, can you switch over. This kind of shows you the layout. We have also been working with staff as far as proposing a future well site right here at this location along the collector roadway. We also submitted to the staff a multi -use pathway plan. We show your ten foot multi -use pathway -- or pathway going up to the north, wrapping down to the south, and, then, going on out to Black Cat. That will extend, connect to the one at Volterra, which will take you clear over the Heroes Park. We also show the multi -use pathway coming here and going along Five Mile Creek, therefore, leading to the Western Ada rec. If you can switch over. This is the recreational facility that is currently under construction at the Coleman's project in Middleton called West Highlands. They had this specifically designed for that particular site. I wanted to show you that, just to demonstrate the amount of effort that they put into their amenities and into -- to show that this is going to be a top notch development. Bill. Okay. Back. In the Western Ada site we researched this. This is in Humbolt, Iowa. It's an aquatic center that is public. The site plan that we developed here showing the building, the pool, the lanes and the parking area, we are consistent with that. We thought it was a good model. We have agreed to donate the site. It's approximately four and a half acres. We will do all the perimeter landscaping. Put in any infrastructure that was necessary. And we also stated that we would coordinate and work with them in trying to see what facilities we could put in or to be back onto our improvements on their behalf and make it a little bit cheaper for them. Bill. This is the preliminary plat that you see before you. This is going to be the first phase. We have the Settler's Canal that bisects this property here. We do not propose to pipe it. It will take a 72 inch RCP due to the size. The Settler's canal comes over here and, then, dumps into Five Mile Creek. We do propose wrought iron fencing along there and our primary open space is a 1.4 acre, centrally located area, with pathways, picnic, I think we have benches and some various other activities there. I stub to the adjoining properties. This property is real small. During ACHD's current standards it could only have a right -in, right -out. So, we worked with Tom Zumwalt to provide public street access here, so, eventually, that could be taken off that intersection there. We have stubbed to all the adjoining properties and I think staff praised us on our interconnectivity. Bill. One of the other things that we did that I have never done before is we submitted elevations of all four sides of these -- of these dwellings. This is a small step here, this first -- this first preliminary plat. We want to take our time with this and make sure that we do it right and, obviously, that will be the example that we bring before the Council when we come back for a preliminary plat approval on the remaining 288 acres. As Thomas indicated, this is a multi -generational Meridian City Council • October 7, 2008 Page 45 of 90 project, as opposed to single product. I think some of the biggest disappointments that Council has had are smaller projects. If we look at the larger projects, Bridgetower, Paramount, Lochsa Falls, those projects have the size to do significant amenities and create some variety and create a real community and sub -neighborhoods within that community and I wanted to mention when I did Bridgetower -- Mayor -- De Weerd: You need to -- McKay: Yes. This is my last comment. Mayor Corrie looked at me and he said you have painted a beautiful picture. Don't disappoint us and I want it to look like the picture you have painted. And I'm here to tell you tonight this particular project is going to look like the picture we have painted. Thank you. De Weerd: Council, questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes. Rountree: This might very well be for one of the Toms, but you have mentioned a pump station -- pump facility. I'm assuming you're thinking that there is going to be some kind of a pay back program on that or has that been considered? McKay: Madam Mayor, Councilman Rountree, I believe our development agreement states that the interim lift station will be built to your standards, turned over to the city, for ownership and maintenance. It would be at our sole cost. Rountree: Okay. McKay: If any additional capacity is added to the lift station, above and beyond our needs, based on input from Public Works, then, we may be eligible for some reimbursement. But the city has no obligation to pay for any of that. Rountree: Thank you. De Weerd: Staff comment on the well site. Radek: Madam Mayor, Mr. President, Council Members, the applicant has also committed to providing a future well site in one of the -- you know, I believe it's by phase five, so -- I'm sure what -- De Weerd: And we have all of the details worked out -- I mean we are not going to come back in in five years and have a whole different scenario -- are we laying out expectation on the well site and -- Meridian City Council • October 7, 2008 Page 46 of 90 Radek: Yes, ma'am. De Weerd: -- ownership and all of that stuff? Radek: Yes, ma'am. De Weerd: Okay. Rountree: Another question, Madam Mayor. De Weerd: Uh-huh. Rountree: On the creek through your first phase, you said you'd fence it with wrought iron fence. Is there going to be any work in that drainage in terms of pulling banks back if they are over steepened? Re -vegetation. Will it be stipulated in the CC&Rs that that will be -- is that an easement or an ownership by Settlers or Nampa -Meridian or will it be owned by adjacent property owners and will there be stipulations that they will -- homeowners association will be responsible for the care and feeding of that? What's the situation? McKay: Madam Mayor, Councilman Rountree, Settler's Irrigation District has a 50 foot easement along here. At least that's what Nathan Draper indicated to us. None of the lot boundaries encroach into that 50 feet. That is a separate common lot, so it would be under control of the HOA. As far as any improvements in there, Nathan was quite emphatic that we not put a pathway in there. As far as trying to make it a little more esthetically pleasing, we are at the mercy of Settlers and their license agreement process. Obviously, we are concerned about how that looks, since we have lots backing up to it and our roadway crosses it. They have in some instances allowed us to install turf and sprinklers, no trees or shrubs, but they want that maintenance access, which I believe is 14 feet, and is never very attractive. So, we will -- we will strive to work with Settlers and, hopefully, since this -- this is the end of that -- that Settler's Canal that they will be a little more open to our idea, but we want to make sure it does look acceptable. De Weerd: Is this something, Kyle, that we can use the standards we have sat on the Five Mile Creek on our pilot project to -- Radek: Madam Mayor, Mr. President, Council Members, I really don't think we can apply the same kind of expectations -- Five Mile Creek is a natural drainage and we have a canal here, so, -you know, as far us being able to lay claim to it as a natural drainage and say, you know, in the case of Five Mile Creek it's -- Nampa -Meridian claims it as a drain, but we also claim it as a creek and here it's a canal and it's nothing else. So, I'm not sure -- I'm not sure what we can do with that. Meridian City Council • • October 7, 2008 Page 47 of 90 De Weerd; Just one other question. And I appreciate it will stay in single ownership. -- we have heard that before. So, when it's marketed, is -- is this whole master plan going to be shown? So, I'm not going to -- in the multi -family in five years the residents are going to stand in front of us and say: You idiots, why did you approve apartments there. T.Coleman: First of all, we have committed to not build any rental housing, but no -- part of our marketing will be the entire master plan. I mean that's part of what we are selling to home buyers is that they get all the amenities of a master planned community. De Weerd: Okay. But you will -- they will get that entire plan -- T.Coleman: Absolutely. De Weerd: -- when they buy an individual lot. T.Coleman: Absolutely. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Question for Thomas or Becky. What -- go through the phases again -- your general time frame for your phases -- of course, lower right, first phase, what you're looking -- yeah. It's market driven, I know, but it's also -- there is an impact on roads on a development like this and the timing and what's planned and different things like that. T.Coleman: Absolutely. And we have done our traffic impact study for the entire site, as well, as a detailed study for just Oak Creek, which is the 30 acres, and so we know what our mitigations are for that and. we will continue to update that traffic impact study when we have additional preliminary plats. Our first three phases are in the 118 lots that we are proposing in the preliminary plat. After that we would probably -- the logical progression would to build this entryway and move into these areas here. I don't know how much we will build. I mean that's partially market driven as to what we feel there is demand for at that time, although our -- our plan and our commitment is to build the main boulevard and the initial park area with that phases, once we get into there, so that park will be built with that, as well as that main boulevard. Where we go off that main boulevard is probably in this section and possibly over here as well, it just kind of depends on which kind of community or home style we would like to get going on. Hoaglun: Madam Mayor, if I might follow up. Are you looking at doing a mix right off the bat or are you going to start, you know, single-family homes or -- T.Coleman: Initially in here we are somewhat limited, because of the kind of remote location of that relative to the rest of the community, so we have kind of had to have been a little bit more simplified than we would like to be in here, but, in general, what Meridian City Council October 7, 2008 Page 48 of 90 we'd like to propose would be some diversity in each phase and we'd like to get into that, depending upon what the demand is, but we see demand in -- you know, in large lots of different areas and so -- but that's our -- our general plan is to offer several options. And trying to integrate those into not just phases, but neighborhoods and blocks and those types of things. De Weerd: Okay. I'd like to talk transportation for a moment. T.Coleman: And Becky is -- De Weerd: Okay. As we looked at some of these mammoth planned communities -- not mammoth -- larger sized, they offered -- certainly Volterra and Bridgetower offered right of way and preservation of the transportation corridor and certainly the only improvements we seem to have in north Meridian have been developer driven. So, you have an intersection there, you have roads that have no horizon on certainly a five year plan, let alone probably ten. What -- what are the plans, if this should build out sooner, rather than later, to mitigate for traffic? McKay: Madam Mayor, McMillan is a minor arterial, it's scheduled for three lanes. We met with ACHD on multiple occasions as far as how that's going to build out. In their -- I'm on their -- ACHD'S new committee to change their policy manual. That's one of the things that we have been looking at as far as, you know, on a three lane or getting most of that asphalt installed by the developers. And so in the past we end up building these turn lanes at our entrances and a lot of times it makes the most sense to continue that -- that additional asphalt, instead of starting and stopping. And so a lot -- we work with ACHD to try -- to try to make that happen. We will also be building detached sidewalk along there. We will be required to install a signal here when the warrant's met. We will also be required to install a signal here, based on traffic generation, when that warrant is met. So, with those two we would be installing lights and, then, making improvements along McMillan. One of the problems we have with McMillan is at the intersection of Black Cat, the existing pavement is shifted north and that pavement comes and meanders back in alignment with the right of way. It's not centered in the right of way is probably a better way to say it. When Idaho Power came in and installed the new transmission poles, they followed that edge of pavement, not the right of way. So, we have got a little bit of a complex situation that we have been working with ACHD staff in solving and, obviously, making that work. As far as donation of the right of way, I did talk with Thomas and I mentioned to him that other large projects have voluntarily donated any necessary right of way for future expansion. He said that they would take it into consideration. I guess, you know, I am always a proponent of it. I think as a planner I have had more clients donate right of way than any planner in the valley, because to me it -- you know, it just makes sense. As far as what they get from -- from 35 feet from center line or an additional 13 feet of right of way, it just saves the public money. De Weerd: Any further questions? Meridian City Council October 7, 2008 Page 49 of 90 Rountree: Along that line, Madam Mayor, you have indicated that you would hold back the preliminary platting of some 700 feet off of McMillan. I would suggest that at some point in time after you start development in this area, assuming it gets approved, I would request that signs be placed along McMillan where there is any visibility from the traveling public and future potential buyers in this area, indicating that that is the, future corridor of a major cross-co.unty and through state facility, even though at some point in time in the future a buyer will say, well, I didn't know. But we like to do everything we can to get it on plats, get it out there where people can see it and not only have them put up, but have them maintained for whatever period of time is required. McKay: Madam Mayor, Councilman Rountree, I think that's a great idea. The advantage that this particular project has is there is a developer, the builder, and they have their own marketing team. I think where we have ran into problems, you got 25 different realtors selling lots for 15 different builders and each realtor may tell a different story. Here they will have their -- obviously, their information office with -- with their master plan and that's probably a good idea that they note that on that master plan, so you don't end up with a full house here. De Weerd: We will have a bigger house -- McKay: Yeah. You have got a bigger house. De Weerd: -- to fill next time. Rountree: I have nothing else. De Weerd: Anything further? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm intrigued -- I'm one of those that always says bring in things that look more interesting than what we get and you have hit that. That's very good. McKay: Thank you. Zaremba: My concerns are that McMillan is still being listed as a three lane road out there. I think that's not -- it's far distant future I think it's five lanes. That's a personal opinion, but with some transportation history attached to it. So, it worries me that what you're given as official knowledge is that it's a three lane road. That -- I don't know how we solve that. But, actually, I do have a solution, but it's a different subject than a City Council meeting. And the other issue that concerns me a little bit is the alignment that you have shown for Highway 16 1 believe is also Meridian's preferred alignment. De Weerd: No, it's not. Meridian City Council October 7, 2008 Page 50 of 90 McKay: Huh-uh. Zaremba: It's not? Rountree: No. Zaremba: It's close to it. De Weerd: Meridian's preferred alignment goes down McDermott. Zaremba: Centered on McDermott at that point? De Weerd: We didn't want the -- the no man's land of land use between Ada County -- Ada and Canyon county. Canning: Madam Mayor, would you like a short update on Mrs. Bowcutt -- De Weerd: That would be great. Canning: It's not Bowcutt anymore. That's an old name. Sorry. Since the -- since the three alternatives were developed, the consultants for that Highway 16 extension project has been working on those three. They have, basically, narrowed it down to two alternatives. One is just west of the existing McDermott roadway. So, McDermott would still function as a roadway, although.it would stop and start and -- in spots, but it would still. function as a roadway under that alternative. That's the city's preference at this -- at this point. And, then, the other one is the near west one, which creates some developable land to the west of McDermott. So, McDermott would stay open in that case, too. So, in either of the alternatives that are still under consideration, McDermott would still function in some sort of capacity. One is a much higher capacity. One's an arterial and, then, the other would be an intermittent collector. McKay: Madam Mayor, Councilman Zaremba, as far as the McMillan Road, on our preliminary plat that we submitted to ACHD we show, I believe, 48 feet center line of right of way along McMillan. ACHD is quite adamant that it is only going to be three lanes. All I can tell you is, you know, we are doing what they asked us to do. They have backed us off to 35 feet from center line. We are utilizing our buffer for sidewalk and, then, I have also added extra landscaping due to the transmission lines and in the .. event that they change their mind in the future and it does become five lanes. I agree with you it seems to make sense that everything will eventually, in some point in time, be five lanes, but they say otherwise. Zaremba: Madam Mayor. In defense of ACHD, they are constricted by what COMPASS tells them will happen within the next 20 years and as some people know, my point is that 20 years is not a long enough view, but that's not ACHD's fault. They -- they see it within that constriction as a three lane and I appreciate your providing for a Meridian City Council October 7, 2008 Page 51 of 90 future alternative that may be different from that. My question about Highway 16 was actually going to be -- and discussion of which the alignment actually is wasn't really the point to me. The issue is, even though we 'seem to be narrowing down what the alignments will be, as you mentioned, it still has not gone through the environmental impact process and I cannot imagine anything that would be different on that side of McDermott, as opposed to the other side of McDermott, but if the environmental impact study came back and said, no, this can't go where all of our preferred alignment choices are and they said it has to be on the east side of McDermott, for some environmental consideration, that would be kind of stuck. Now, I do appreciate that you have said that one of the last phases to develop would be the back -age against McDermott over there, but I don't know, how much risk are you willing to take that the environmental impact throws it off an alignment that most of us are fairly happy with? McKay: Madam Mayor, Councilman Zaremba, what -- the information that we have gathered from ITD is why they are discounting the near east option is the cost is substantially more and I believe the number of homes that they will be eliminating is greater and that's one of the criteria that they take into account when reviewing the environmental impact study. So, the westerly route is where they think they want to be. Your Comp Plan says that it will be right there on McDermott. ITD's position is we don't want the state highway to be on McDermott, because, then, we have to build not only a state highway, but a frontage road; and the cost would be cost prohibitive. So, that's kind of how we have arrived to where we are. As far as the risk that we are taking, in coming up with this -- this concept, we made sure that we allocated enough room through here, plus buffering, that we could accommodate, if, 'by chance, for whatever reason, they say, oh, we are going to shift over to the east, it would still be the near east. Like I said, they have -- you know, they got from three -- said they have got it down to two. So, I don't -- I don't believe, based on all the information I have received, it's going to shift over to the half mile. I mean they have ruled those out a long time ago. So, if we preserve this corridor and wait and don't do anything there that would hamper ITD's efforts, we will be fine. Zaremba: Okay. McKay: We are confident. Zaremba: Thank you. And, Madam Mayor, a third question if I may. I think I understood your explanation about the lift station over at Can -Ada, but I guess I don't get the logic behind it. Are we saying that sewage from your property would go over to Can -Ada and, then, have to come back all the way past Black Cat to our sewage treatment plant? Bird: That's right McKay: Yes, sir. Meridian City Council October 7, 2008 Page 52 of 90 Zaremba: A couple of miles of extra -- actually, it's about four miles of extra travel. Why? McKay. Yeah. Initially you have a series of lift stations, your -- your South Black Cat, North Black Cat lift station and, then, they had -- this was back in 2003. Then, they had the McDermott lift station. That would have -- would have, then, taken your far western boundary -- when you moved your area of impact, then, Can -Ada became the regional lift station. Now, the problem with that is growth is, obviously, taking place from the east and working itself westward. So, the lift station -- development's not going to start on your west boundary and work its way back. So, to answer your question, the -- your sewer master plan shows the -- the sewer gravitying down to this point here and, then, eventually, going over to the lift station, then; the lift station pumps back to the plant. What we are proposing is an interim lift station consistent with your 2003 sewer master plan here and, then, it would pump back. So, we'd end up building some of that pressure line, building gravity lines that are -- are consistent with your master plan. We are not stepping, you know, far out and building what we call throw away infrastructure. But, yeah, it's got to pressure back to the plant one way or the other. Zaremba: So, I missed something there would be the pipe returning from -- McKay: Yes, sir. You're proposing that you hook into what Zaremba: -- Can -Ada, not piping your stuff all the way over to Can -Ada and having it come back again. McKay: Yes, sir. McKay: Okay. De Weerd: Okay. Council, anything further? Rountree: Nothing. De Weerd: Okay. Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Lee: Good evening. De Weerd: Good evening, Gary. Lee: My name is Gary Lee. Kevin Howell Construction. It's been awhile since I have been in front of this body. Rountree: It's been a long time. Meridian City Council October 7, 2008 Page 53 of 90 Lee: It's really unusual for me to be here on behalf of a property owner, instead of a project. I would like to commend Becky and her presentation. I have seen her present a lot of projects and that's the fastest one I have ever seen. De Weerd: Oh, my God. Lee: I'm impressed. As was indicated in that letter that I -- that Kevin had sent over to you, he owns that hundred acres in between the Oak Brook project and the piece further west, bounded by McMillan and Five Mile Creek. He's had that land for quite some time and has waited to develop that based Zaremba: In here? upon availability of sewer. Lee: Yes. Right in there. And with the installation of the Black Cat trunk, it opens up some possibilities, not only for The Oaks project, but possibly for Kevin Howell. That line is very deep, 25 to 30 feet as I remember, and there is certainly some capabilities to sewer a portion of Kevin's property, but all of it, back to the west. I know it's been an item of discussion for city engineering for quite awhile in how far that sewer shed should go to the west, but it physically can go farther than what is being proposed tonight. We are estimating probably about 30 to 40 acres of Kevin's hundred could possibly go back to the Black Cat trunk and we'd just like to have the opportunity to work with city engineering staff and the Colemans and bring that line through their first phase at a deep enough depth and at minimum slopes that we have a possibility to hook on and carry a portion of our sewer to their project over to Black Cat. The balance of it would have to go into that same trunk line that would be planned along the Five Mile Creek and, hopefully, we can work with the Colemans in expanding that temporary lift station and be part or that project as well, because we do want to proceed with some development in there if they are successful this evening in going forward with their project. So, with that said, I just wanted to make that request of the city to see if we had the opportunity to be a part of that gravity sewer. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor, no questions, but a comment. I don't think we will be making that decision this evening, but appreciate your input, Gary. Lee: Okay. Thank you. De Weerd: Thank you. Okay. Any further testimony? Bill, can you get the microphone. Nary: Uh-huh. De Weerd: Thank you. Good evening. Meridian City Council October 7, 2008 Page 54 of 90 Waterfield Good evening, Madam Mayor and Council. My name is Barbara Waterfield, and I live at 6100 McDermott, which is north of the property that the Colemans are developing, and I just wanted to say that I have talked with them several times and it seems like this would be just a wonderful thing for the City of Meridian and for our community and I am very supportive of them. I have the 40 acres that is right near that property and I'm really excited to have them developing that land and I think it would be a nice addition. Thank you. De Weerd: Thank you very much. Any further testimony? Okay. Wrap up remarks? I was hoping for the first speaker. , McKay: Becky McKay. Engineering Solutions. We will be glad to do whatever your staff requests of us as far as coordination with Gary and Kevin Howell. The indications that we had received from the staff is that that quarter mile line, as far as what could -- what would gravity into Black Cat, was -- was set in stone and that was based on capacity, not on depth. But we, obviously, will cooperate with whatever Public Works asks us to do. I'd just like to thank Barbara for coming and sitting here this long and Kevin saying such nice things. I mean it doesn't happen to us very often and we sure appreciate it and I appreciate the time you give me. Thanks. De Weerd: Thank you, Becky. Any questions, Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. Anything further from staff? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I guess I would ask Public Works a question. Are we ready for this? De Weerd: You have to speak into the microphone, please. Zaremba: I was trying to be close. Are we ready for this? We haven't in the past been planning to put the sewer out that far. Radek: Madam Mayor, Mr. President, Council Member Zaremba, as Becky fairly -- think she covered it pretty well. I mean we -- we had adjustments to our impact area. We adjusted our master plan. And what they are proposing is, you know, an interim lift station totally at their expense. It's -- I guess from a Public Works standpoint it all works. Zaremba: Thank you. L] Meridian City Council October 7, 2008 Page 55 of 90 • De Weerd: Kyle, I guess the question I heard from Councilman Zaremba was are we ready for it as far as capacity at our plant, compared to the other growth priority areas and commitments that have been made, are we ready? Rountree: Tom's behind you just in case. Radek: Is he coming up? De Weerd: He's got your back. Barry: Madam Mayor, Tom Barry, Public Works Department. We are ready for -- for definitely this 30 acre plat. We can accommodate that. We have conditions in the staff report that require that upgrades to the plant be done certainly before any additional platting would take place. So, what we understand is coming through at this point in time is that 30 acre preliminary plat, which -- which we don't have any problems with with regard to capacity or -= or restricting -- any restrictions as it relates to the treatment plant. So, we are ready in that way. We are also working with the developer on the reuse programs and have language in the staff report to have cooperative approach to how we integrate that, but as it relates to longer term sewer capacity and gross priority areas, we will continue to work with them as they bring in different phases for preliminary plats, but as they had proposed it at this point in time we are able to accommodate their request. De Weerd: I guess so as we make a commitment to annex we make a commitment to serve and it's understood the first parcel is 30 acres, but, again, with other commitments to the south, once we get the new capacity online, do we have the capacity to serve this size of a development? Barry: Madam Mayor, I'd have to look into a full accounting of the various properties as it relates to capacity and -- for the south end that you're referring to. I don't believe that there is going to be a concern here. Our treatment plant capacity has gone from what was 7 MGD now to well above nine and with some chemical enhancement we can get close to 12, according to our consultants. So, when you consider that we can accommodate roughly 3,500 to 4,000 lots for MGD and a number of lots that are being talked about here, I think we at a thousand total, or just over a thousand or so. I think we are going to be okay. But we haven't done a full accounting of that and we can certainly bring that back to Council, if you wish. De Weerd: Well -- and I guess with the reuse program that -- that helps to minimize the complete impact as well. Barry: Perhaps for loadings as we discharge and those discharges are regulated by our MPDES permit, but not necessarily for treatment capacities. So, that, again, would have to -- if you want certainty as it relates to our ability to serve, I can only give you my best guess at the moment, which is I believe we can, but if you'd like that certainty, we E Meridian City Council October 7, 2008 Page 56 of 90 • would have to run an analysis and do an accounting of the capacity at the plant versus what other annexed properties have already been taken into account. De Weerd: Thank you. Hoaglun: Just a comment, Madam Mayor. On projects like this, you know, there is the up side for a large planned community like this and there is a down side. The up side is that in those areas along McMillan, that intersection of Black Cat and McMillan, they are willing to invest the money to pay for signals to upgrade the roads in front of their development. The down side 'is if the market heats up again, which I don't see anytime soon, but down the road and they do their work on these things, but we have other areas out there where down at Black Cat and Ustick and some of those others areas where it's not developed and those remain, just like they were 40 years ago and we are putting more traffic on those roads and I appreciate that they are doing that for their areas -- for that area, they are putting developer dollars into that and saving the taxpayers that money, but in other areas, you know, we are looking at Linder and Ustick, for example, and just because I sat there the other morning fairly early and it took me two minutes and 50 seconds to get through that four way stop. De Weerd: How long? Hoaglun: Two minutes and 50 seconds for a short little deal, but I mean that's -- that's the facts, you know, and those are the types of things we are dealing with and, you know, that's something we are -- it's a transportation funding issue and that's the down side of a large -- large development like this. The up side is that they do use their dollars to mitigate the impacts in those areas, but those areas where there is development, it hasn't been planned out yet, and ACHD doesn't have the money, that's the down side. But I appreciate them stepping up and doing what they are doing with this project for the roads in that area. De Weerd: Okay. Anything further from Council? Rountree: I have nothing. Bird: I have nothing. De Weerd: Okay. If there is no further questions or information needed, Council, would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve -- or close the public hearings on AZ 08-004 and PP 08-003. Zaremba: Second. Meridian City Council October 7, 2008 Page 57 of 90 De Weerd: I have a motion and a second to close the public hearings on Items 12 and 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more discussion or anything, I would move that we approve AZ 08- 004, request for annexation and zoning of 318.74 acres for Oak Creek by Norpac, LLC, and to include all staff, applicant, and public testimony. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Zaremba: Yes, Madam Mayor. De Weerd: Mr. Zaremba. Zaremba: Did we -- I don't think we did discuss the applicant's request to update the DA provision about the eight acre park. I don't think anybody had any objection to it, but we need to include something about that. Bird: No. And I -- that was part of the applicant's deal on here. I didn't hear anybody have a heartburn with it, so I just figured that it was -- we'd go through with it. Zaremba: The applicant's request is okay. Bird: Yeah. Zaremba: Okay. De Weerd: I guess just a point of discussion that I guess was included in public testimony that Mr. Rountree had mentioned the signage of the. site, so that the public would know of the development potential or commitment. Bird: I believe that was applicant testimony that they would do that. De Weerd: Okay. Just wanted to make sure it was captured. Bird: Yeah. I -- that was the plan. De Weerd: Okay. Okay. Any discussion? Madam Clerk, roil call, please. Meridian City Council October 7, 2008 Page 58 of 90 Roil -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carries. Okay. That's on Item 12. MOTION CARRIED: ALL AYES. De Weerd: Item 13. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 08-003. The request for preliminary plat approval of 139 lots for Oak Creek by Norpac, LLC, and to include all staff, applicant, and public testimony. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Rountree: Madam Mayor, I'd just make a comment and it's directed to the applicant, would hope that you would make extraordinary efforts with Settlers to try to resolve what will ultimately become a real sore point for you and your future homeowners out there, so we would encourage that. Zaremba: If that was not captured on the record, the applicant said he felt it was in their best interest to do that. Bird: I think he stated that up here. De Weerd: Okay. Anything further? We have a motion to approve. Roll call, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED:. ALL AYES. De Weerd: Just to comment, this is a very nice project. I'm one of those who would rather have the big picture than little pieces and it seems that even though that's the preferences of many municipalities, it seems like we make it a little bit more difficult through our process. I believe that staff has been very excited to work with your team in bringing a product like this to our community and we appreciate your attention to detail. We appreciate that you have worked with the surrounding neighbors to create a vision and get a buy in to that vision and that's -- that makes certainly, I think, the Council's job easier: But also that you take a look at future impacts with the pathway system, with your open space, with donation of right of way and looking towards the impact in Meridian City Council October 7, 2008 Page 59 of 90 providing an intersection improvement that will at least take away the four way stop signs and allow the traffic to flow. We appreciate that. And we look forward to seeing -- seeing your development come out of the ground and look forward to working with you. If you would like to come up to the microphone. Coleman: I just wanted to say that we put a lot of work into our presentation to staff, but a lot of these good ideas came from staff. So, you should be proud of your staff and their insightfulness into what your city is best served by and it will be a pleasure to continue to work with them and yourselves. De Weerd: Thank you. I'm sure they appreciate that that was captured on the public record. Coleman: Give them all a raise. Bird: Hold it. Rountree: What was that? Rountree: I move we reopen the public hearing. Bird: Can we redo those motions? De Weerd: Mr. Nary, I think we need to add a finding to the development agreement. It's the cost of the raise. Okay. Zaremba: Madam Mayor, can I propose a five minute break? De Weerd: Yes. We will break for five minutes and, then, reconvene. (Recess.) Item 14: Public Hearing: AZ 08-011 Request for Annexation and Zoning of 2.953 acres from the R1 to the R-8 zoning district for Suroi by Nunzio Sgroi — 4405 East Ustick Road: De Weerd: Okay. I will go ahead and call this meeting to order. We are at Item 14, which is AZ 08-011. It is a public hearing. I will open this public hearing at this time with staff comments. Canning: Madam Mayor, Members of the Council, this is the Sgroi project. It's located at 4405 Ustick Road on the south side of Ustick, approximately three-quarters of a mile east of Eagle Road. As you can see, the -- Rountree: You're not quite there. • Meridian City Council October 7, 2008 Page 60 of 90 • Canning: No, you can't see. You can see the hatched area on the display screen. The application before you tonight is one for annexation and zoning. The request is for annexation and zoning to accommodate a 30 to 40 unit assisted living facility. However, no development is proposed at this time. The applicant is requesting -- I believe it's R- 15 zoning. I wanted to show you the site. This is Red Feather development. There is one property still in the county and, then, this is in Boise city. It is an elementary school. This is the proposed site plan, although staff has conditioned the project to not take access from Ustick, but, rather, from Red Feather Subdivision, along their south boundary. And they have also added DA provisions to provide cross -access to the west. Let me quickly go through the other DA provisions that are kind of nonstandard. That they would comply with the design standards. That a Conditional Use Permit is required for development as an assisted living facility on this site. No other new land use, including, but not limited to single family duplex or townhouse subdivisions, shall be allowed on the site without City Council approval for a modification of the subject DA. As part of any future DA amendments, elevations shall be provided. A certificate of zoning compliance application shall be submitted to the planning department for approval of the proposed assisted living facility on any new other use. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached to the DA. The applicant shall be responsible to install water mains to and through the development and to coordinate main sizing with Public Works and the applicant will be responsible to stub sewer and water services to the west. And we do have some elevations. The Commission recommended approval at their August 21st, 2008, public hearing. Tom Whitworth spoke in favor of the application. No one spoke in opposition or commented and, then, there was no written testimony. Key issues of discussion by the Commission were the clarification that the assisted living facility require CU approval in the future and there were no key Commission changes to staffs recommendation, nor are there any outstanding issues before City Council that staff is aware of. With that I will answer any questions Mayor and Council may have. De Weerd: Thank you. Zaremba; Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: This may be a question I would think would ask. If they change their access to North change their address as well; is that correct? Canning: Yes, sir. Zaremba: Okay. Have they been told that? Canning: My guess would be probably, no, but -- Zaremba: Okay. either police or fire or the post office Shannon Avenue, they would need to Meridian City Council October 7, 2008 Page 61 of 90 De Weerd: Okay. Is the applicant here? If you would like to comment. Nary: You need to come up here, sir. De Weerd: If you will state your name and address for the record. Sgroi: Good evening. My name is Nunzio Sgroi at 4405 East Ustick Road, Meridian. De Weerd: Thank you. Sgroi: And I agree with the staff report. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Zaremba: I guess I would ask the same question. Are you aware you will probably need to change your address? That probably shouldn't bother you, but -- Sgroi: Won't bother me. Zaremba: Okay. Thank you. Rountree: You're much too agreeable. De Weerd: Okay. Any other questions from Council? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have a concern given where this is and the surrounding land use is pretty much all R-4 and if this were to go to an R-8 -- and I can understand why, so we can have the use that's being proposed. My question is can we have a development agreement condition that if another use is proposed other than the one that's being applied for, that the zoning would up zone to R-4? I guess that's a question for Mr. Nary, if that's something we can do. Nary: Madam Mayor, Members of the Council, Council Member Rountree, certainly we can put in this is development agreement limiting what the uses are. That's not uncommon. I mean if you want to limit it to only that single use, I don't know if Mrs. Canning has any other thoughts of other similar uses in that location, I mean -- but think we are talking about assisted living, whether a day care might be something that doesn't require a development amendment -- or a DA modification, but if you want it to be the single use, that's certainly your prerogative. Meridian City Council October 7, 2008 Page 62 of 90 Rountree: Madam Mayor, my concern is flipping the property and having something come in there that isn't acceptable, but could be done in an R-8 zone. Canning: Madam Mayor, Members of the Council, it clearly states they need to.come back to you for a development agreement modification. You could add a clarification that you don't anticipate that residential development at the densities allowed by the R- 15 would be appropriate in this -- in this situation. Rountree: That would -- that would help me if that could be added to the DA. De Weerd,: And do you understand what Councilman Rountree is suggesting to be added to the annexation DA? Sgroi: To become an R-15? De Weerd: That would be the zoning, but the concern is that it would not be for the use that we are considering it for now. So, they would state that it would be for the single use or an R-4 density. Is that -- was I following the discussion correctly? Rountree: And I think that would be the outcome of what Anna is saying. Our concern -- and let me explain it -- is that we get applications to change or to establish a zone and we if don't condition it, you as an owner, can -- we see it flipping, but sell your property to somebody and it's zoned R-8. If there is no conditions on that, then, that person could come in there and build at a density that's residential that's at a residential density of R-8, which is multi-plexes and, in my opinion, since all the surrounding residential -- or at least abutting residential to that property, with the exception of the county piece, is low density or R-4. So, I would not want the density of residential, if the property were to sell and you don't -- you know, you're gone and your commitment goes with you and somebody else comes in and says, well, it's R-8, I want to do this and we have no control. But what I want in the development agreement is that it's for the use that you applied for and that the density of residential in any future application would be no greater than what the surrounding land uses are, which would be R-4. De Weerd: Is that acceptable to you? Sgroi: Well, I hadn't thought about it. Rountree: Yeah. That's -- we have to think about that kind of stuff, because it has happened to us a few times. Zaremba: Well, it's a provision that only triggers if you sell the property before you build something on it. Sgroi: Right. So, if that would be zoned R-8 and I want to put an assisted living it's okay. Meridian City Council October 7, 2008 Page 63 of 90 Zaremba: Uh-huh. Rountree: But you have to -- you have to still use -- bring a Conditional Use Permit before the city that would talk about -- Sgroi: Sure. Yes. Rountree: Yeah. Yeah. That sort of thing. Yeah. Yeah. That still would -- Sgroi: If I sell it to you and you want to put housing, then, it would be R-4. Rountree: Then I -- if I wanted to put residential there, then, it would be at a density that's equivalent to R-4. Sgroi: Okay. Is assisted living and a nursing home the same? Rountree: That I can't answer, but -- Canning: Madam Mayor, yes. Rountree: Yes. Sgroi: Okay. That's fine. Rountree: Okay. De Weerd: Anything further, Council? Bird: I have none. De Weerd: Thank you. Sgroi: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this application? Yes, sir. Pentecost: I'm Bob Pentecost. My address is 11079 West Tinsdale in Boise and my interest in this -- my father-in-law has the property next door, 4315, and the questions arise about the cross -access through the property next door. His concern is maintaining access to Ustick and what is -- what can force a change so that he would lose that access and have to use the cross -access that's being required. Canning: Madam Mayor, shall I? Thank you. The property in question is still in Ada County, so we would have this property grant the cross -access, but the other property Meridian City Council October 7, 2008 Page 64 of 90 doesn't need to make use of that at this point. At some time as the use changed on the adjoining property and they sought annexation, the City of Meridian would likely ask that the access to Ustick be removed. But it would only be upon application -- or upon annexation and a change in use. Pentecost: Okay. So, as it stands it's -- nothing changes to his property. De Weerd: Nothing changes to his property. Pentecost: Okay. And the question brought up about the address change, that would -- if you lose access to Ustick and you're accessing from other street, then, his address also changes? De Weerd: And that's only if you were to develop -- redevelop your property. Pentecost: Okay: De Weerd: If you change your use. Pentecost: Okay. Thank you. De Weerd: Okay? Thank you. Okay. Any further testimony from the public? Okay. Council, any further information needed? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on Item 14. Bird: Second. De Weerd: Okay. 1 have a motion and a second to close the public hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Canning: Madam Mayor, you forgot to ask the applicant if he wanted a rebuttal period. There wasn't much to rebut, but -- I'm sorry. Oe Weerd: Mind your own business. Hoaglun: No raise for you. De Weerd: Yeah. That stress ball before the meeting didn't help. Sir, you didn't need any further comment, did you? Okay. Council, do I have a motion? • Meridian City Council October 7, 2008 Page 65 of 90 • Zaremba: Madam Mayor, I believe I moved that we close the public hearing. De Weerd: Yeah. And I think I -- Rountree: We voted on it. De Weerd: -- even voted on it. Uh-huh. Bird: We all voted. Zaremba: Where was I? De Weerd: You were with Anna. Zaremba: Well, I vote aye in -- retroactively. De Weerd: Okay. Do I have a motion? Zaremba: In that case, Madam Mayor? De Weerd: Yes. Zaremba: I move we approve AZ 08-011 to include all applicant, staff, and public testimony. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve Item 14 with the stipulation as Councilman Rountree as stated in the DA. Correct? Zaremba: Yes. Including that stipulation. De Weerd: Just wanted to make sure that that was done. The specific was caught. Okay. Any discussion? Hearing none, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carries. Thank you, sir. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AP 08-006 Request for City Council Review of the Planning and Zoning Commission's decision to restrict the hours of operation for the Maverik convenience store and fuel sales facility to the hours between 6 a.m. and 11 p.m. / 7 days a week to allow it to operate • Meridian City Council October 7, 2008 Page 66 of 90 • 24 hours a day / 7 days a week for Maverik — Locust Grove/McMillan by Landmark Engineering & Planning, Inc. — Northeast Corner of North Locust Grove Road and East McMillan Road: De Weerd: Item 15 is a public hearing on AP 08-006. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council. This is the Maverick project at Locust Grove and McMillan and surprisingly enough it's located on the northeast corner of Locust Grove and McMillan. The. application before you tonight, a City Council review of a Planning and Zoning Commission decision. The -- give you a highlight of the proposed development. They had applied for a conditional use approval for a Maverick convenience store and fuel sales facility. Further requirement of the development agreement for Woodland Springs Subdivision. The site is currently zoned C -N and consists of 1.42 acres. I do have a site plan. The purpose of the plan on the left is to show the general access. It's not very legible, though, so that's why we include the plan on the right. It's a little easier to read, but the access isn't a clear. It also shows the access to McMillan that is off site. And this is the landscape plan and these are the elevations. The Commission approved this project at their July 17th, 2008, public hearing. Dan Murray and Todd Meyers spoke in favor of the application. Jeff Green, Andy Mitchell, Kimberly Mitchell, Judy Horlacher, Joann Horlacher, and Doug Racine all spoke in opposition. No one commented: Val Greenspan, Jason Overy, Liz Pew, Susan Greenman, Bart Naylor and John Arnold, III, all provided written testimony. Key issues of discussion by the Commission were ACHD's plans for widening and signalizing the intersection. The affect of a proposed convenience store and fuel sales facility on adjacent residential properties and limitation on hours of operation. The key Commission changes to staffs recommendation -- they added a condition of approval for the hours of operation of the convenience store and fuel sales facility to be restricted to the hours between 6:00 a.m. and 11:00 p.m., seven days a week. They added a condition of approval for the requirement of a type one vapor recovery system to be installed for the fuel facility. They added a condition of approval for the applicant to work with ACHD to obtain a license agreement to install landscaping and irrigation sprinklers on the property south of the detached sidewalk along McMillan Road to the edge of the future back of curb. The applicant shall also be responsible for maintaining this area and they added a condition of approval for the applicant to submit a road trust to Ada County Highway District for a minimum of a five foot wide detached sidewalk on McMillan Road once that road has redeveloped. Outstanding issues before City Council. The applicant is specifically concerned with the limitation on the hours of operation. Through the conditional use process the Commission does have the authority to impose time restrictions related to the use. Although there was no limitation on the zone in effect at the time they applied for the conditional use, Council did approve time limits of between 6:00 a.m. and 10:00 p.m. for the C -N and L -O districts on July 8th. So, that change was approved prior to approval of the Conditional Use Permit. And.with that I will answer any questions Mayor or Council may have. • Meridian City Council October 7, 2008 Page 67 of 90 De Weerd: Well, I think that last comment answered my question, because I thought we had already discussed this under annexation or when did we talk about -- I thought we had talked about time limitation. Canning: Madam Mayor, Members of the Council, you discussed it in general, with a UDC text amendment. De Weerd: Oh. Okay. Thank you. Okay. Any questions for staff? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I don't know if this is an important comment or not, but under the key Commission changes, item two add a condition of approval for a requirement of a type one vapor recovery system, I think that's usually referred to as a stage one vapor recovery. I'm not absolutely certain of that, but -- De Weerd: It is. Zaremba: -- I think that's the common -- Bird: It is. It's stage one. Zaremba: Stage one vapor recovery. Just so there is no confusion about what we mean. Canning: I will note that correction for the findings either way. Zaremba: Thank you. De Weerd: Okay. Is the applicant here tonight? Or a representative. Good evening. Boyle: Good evening. Members of the Council. Clint Boyle with Landmark Engineering and Planning. Business address of 322 Broadmore Way in Nampa, Idaho. This evening I have just a quick packet of exhibits. I think that the Council's already seen these exhibits, other than these are in color, so they might be a little easier to visualize the site plan, if I might pass those out. De Weerd: Okay. Just, Anna, for clarity, this is not on any elevations or design or anything, it's -- it's just on the hours of operation or what are we hearing? Canning: Madam Mayor, Members of the Council, the -- the applicant's request is that you reconsider the hours of operation. The way the UDC is set up, this is not an appeal hearing, this is a new hearing. You have the ability to hear this item in full and act as • Meridian City Council October 7, 2008 Page 68 of 90 you see fit on any portion of the application. So, you're, basically, having a hearing on the conditional use application itself. De Weerd: Okay. Thank you. Canning: Mr. Nary I think would have jumped in if I were wrong. There we go. Madam Mayor, Members of the Council, you do seem to have all this material. Do you want me to put it on the overhead or -- De Weerd: I think you're good. Canning: Okay. Thank you. Boyle: All right. Members of the -- Mayor and Members of the Council, this evening, as was indicated by staff, the primary item of concern by the developer Morgan Development is the restriction on the hours of operation for this particular site that was previously approved by the Planning Commission for a Conditional Use Permit. That approval came on May 9th of this year. The application was submitted -- excuse me. The application was submitted on May 9th for the Conditional Use Permit, with it deemed complete on June 5th, and, then, the ultimate approval by Planning Commission on August 7th. As was indicated by your staff, you have been in the process of updating your Uniform Development Code. That occurred on July 8th. After that a Conditional Use Permit had been submitted into the city. That particular code did place some restrictions in the C -N zone in general and I'm going to talk about that briefly here in just a moment. This particular site -- the Maverick portion of this site sits on just under an acre and a half, 1.4 acres. The overall Woodland Springs development -- if we can go back to the vicinity map for just a moment -- is seven and a half acres. That particular project with the color exhibit that I passed out just now and also should have been in your packets, that color exhibit is a display of the color presentation that was presented to the Council when the annexation, zoning, and development agreement came forward in front of the Council -- I don't have the exact date, but roughly a year ago. This is the board that was presented to the Council. It was a full size board that was up in front of you, is my understanding, and I guess what I want to illustrate is that the developer of this project has wanted to be very clear on his intentions for the development of the site. From the very start this Maverick has expressed an interest in this site and in this corner location in working with -- with the staff and with the city and insuring that the Maverick would be an acceptable use. He's been very sensitive in making sure that everybody has known all throughout this process that that was the intended user on the corner of this particular project. In addition to that, in meeting with the city staff, he's worked diligently on this site plan. The site plan and the layout of the buildings on here specifically provide for buffering to uses that are out beyond this particular site to the north and to the east. When this particular project came in front of the City Council for annexation and zoning, at that time, with the discussion of the project, the City Council deemed it appropriate to limit the hours of operation on the two buildings -- the two retail slash office buildings that are shown on this site in the northern area and the eastern area. They specifically did not restrict the hours of operation 0 Meridian City Council October 7, 2008 Page 69 of 90 • where the Maverick store site is located. Now, I wasn't present at that meeting, so I don't know the context of those comments from Council, but I would speculate that you looked at what are good planning techniques. On this particular corner, if we look at the surrounding uses, has an Idaho Power substation immediately to the south already developed. Not a residential user. To the north of this particular site you have some additional what I'll call rural residential parcels that may develop in some fashion in the future, but they are, actually, a county property right now. And as you travel to the west of this site you have several larger rural residential with just one or two homes on it and, then, east of the site you have another development that is just starting, has just received approvals, the Portico Place development, which this developer has been in close contact with the developer of that property and working out the access locations to try to minimize the number of access points onto McMillan Road and they are coming in with a new street this developer is participating in the construction of that particular road. In the staff report for the Conditional Use Permit in front of Planning Commission, the staff indicated that they did not object to the proposed hours for the Maverick store. They did indicate that the Commission should listen to the testimony of the neighbors in making the determination on whether it was appropriate, but they indicated that they did not object. With regard to the planning aspect, though, this particular location we think makes good sense for a 24 hour operation. Due to the surrounding uses you do not have what would be deemed an urban city development -- residential development that is adjacent to the site, outside of Portico Place, which -- which, again, is just starting to develop. They are very much aware of what's intended and what's going in on this corner. 'Outside of that, there are no residential city type uses that are adjacent. The site itself, with the buildings, also you will the landscaping that's proposed. There is significant buffering around this site to the north, to the east. Again, to insure that this is a low intensity impact on any of those surrounding uses. The bulk of the customers for the store, for the Maverick location, are going to be customers that frequent it during the daytime hours. However, 24 hour operation or the availability of 24 hour operation, is critical to Maverick and they have several reasons for that. They do have a representative here that would like to address a couple of those, but I'll just hit on them briefly. One of those reasons is competition and there is an exhibit that is in your packet, it's the fourth exhibit back, which is a vicinity map, and I don't know that we have indicated every single 24 hour convenience store within the city or those that have the availability of being 24 hours, but we have provided just a spectrum -- kind of a mix of locations that are afforded 24 hours. Some of them that are near this vicinity are the Fast Eddy's on Ustick Road between Meridian and Linder. The Planning Commission also just approved a Maverick at Ten Mile and Ustick that was -- that was also afforded the 24 hour operation. So, these -- and there is a mix. The zoning -- you can see from the zoning table on the side, some of those are located in neighborhood commercial areas, some of them are in general commercial areas. The other thing that that -- that we did with this table is we took a thousand foot radius and we just said, all right, within a thousand feet of these stores how many residential lots are there within that -- that zone, just to see what -- what the mix of residential in close proximity to those 24 hour stores are and as you can see, our site is at the bottom with 99 lots within a thousand foot radius. You can see on some of them, up near the top -- and these -- the key on the side corresponds with the location on the map. So, A, which is the Maverick that's Meridian City Council October 7, 2008 Page 70 of 90 on Cherry Lane, 157 residential lots surrounding that one. C -N zone. Neighborhood commercial: And you can go down and kind of see for yourself those numbers. The other thing that it illustrates is how close the nearest residential lots are to those 24 hour operations and in this particular location the nearest residential lot -- urban residential lot is approximately 215 feet away. That's actually I guess what I would call kitty corner to northwest of this site. You can see there is a --basically, a tip of a subdivision that comes in. It's across Locust Grove, just the very back side of the particular project. So, this particular proposal, as far as driveway locations -- for instance, headlights and whatnot, those either come out pointed at a substation or come out in the back of the rural residential, so there are not any headlights shining into any lots or any nuisances such as that. The other reason that Maverick likes to operate 24 hours is they will typically have employees within their stores for extended periods of time. In other words, they have a bakery inside the store at night. They are typically getting those baked items ready for the next early morning. They will have, obviously, people that are restocking shelves and whatnot. And so, you know, they want to, obviously, capture the opportunity if somebody does want to frequent that in the later evening hours or early morning hours, to have that available to them. With regards to the traffic and noise -- and I'm keying in specifically on the hours of operation, because that's, really, the item that -- that is contested by the developer. The traffic for a Maverick store -- there has been a traffic study that's been prepared for this site by PEC and the majority of the trips that are frequenting a Maverick store are pass -by trips and what that means is that the bulk of the traffic that actually stops at a Maverick is going somewhere else. Maverick was not their final destination. It's me traveling to work; I stop in in the morning to grab a donut on my way into the office. It's somebody coming home at night, swinging into get a soda or candy bar.or whatever it might be on the way home. So, Maverick, the bulk of the trips that frequent a Maverick are not even generated by the Maverick, it's traffic that are already -- is already out on the roadways. The majority of their deliveries are also during the daytime hours. So, if you look at the delivery trucks that come in, the bulk of those occur between the hours of 9:00 and 5:00 and these are just statistics from Maverick and you can quiz him, I guess, on where they get them from, but that's where their typical deliveries come in. And my understanding from that is because that's generally the operating hours of those delivery companies. They work daytime hours. So, typically, you're not seeing deliveries in the late evening or early morning hours that would -- would potentially cause some sort of noise nuisance. Maverick stores are just that, they are a convenience store that is meant to serve a neighborhood. That's why they like to space themselves throughout different neighborhood areas, because that is exactly their target market. And the Maverick stores -- they have done studies throughout their system -- they have 47 stores, it's my understanding, within the Treasure Valley right now and all 47 stores are 24 hour operations or allowed and there are two stores that are not open 24 hours within the Treasure Valley right now, but they have the capability of going to 24 hours. They look at customers coming in and whatnot to make that determination, but all of the stores within the Treasure Valley right now for Maverick are 24 hour operations. In fact, they have 195 stores throughout the nation and of those 195 stores there have only been two stores that have been restricted as far as their hours of operation. Now, the reason I bring that up is particularly because Maverick strives to be a good neighbor and you're going to see that tonight, because 0 Meridian City Council October 7, 2008 Page 71 of 90 • the developer of this site and Maverick, after the Planning Commission meeting, have had discussions with neighbors and whatnot -- tonight you're going to see, I believe, significant number of neighbors that are in support of the Maverick and the 24 hour store operation. So, that's another, hopefully, consideration that you will take in, because I believe that they do like to work with the neighborhoods that they are in. As far as the customers that frequent them, they have some statistics on that as well and typically for a Maverick store, 60 percent of their clients, typically, come within a one mile radius of that store. Sixty percent of their customers are in the neighborhood that they are in. So, they are definitely neighborhood oriented. And the final thing that I'd like to just point on is some crime statistics and that's the last page of your packet. We received this information from the Meridian Police Department related to felony offenses and it breaks it down by different uses and these are statistics right from your city and this particular -- these particular graphs are for four years, basically, the previous four years. So, from 2004 through 2007. And they relate to their top ten kind of land use offenders. And you will note on there in 2004 a gas station made the list down near the bottom of the list. Since, then, 2005, 2006, 2007, they are not even on the list. You have other uses, such as restaurants, department stores, construction sites, government buildings, banks, commercial offices that -- that have all, over the city as a whole, have had higher felony counts than the convenience stores within town. So, again, Maverick -- they strive to make these safe locations through their lighting. Their lighting, if you look at the elevations, it's downward lighting on the front of their facades. They do -- do some nice lighting and hopefully you take those statistics into consideration as well, because they do try to -- to make these locations safe. Thank you very much. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Clint, you know, I understand -- how much of their income is gas and how much of it is retail sales? Boyle: Madam Mayor, Council Member Bird, I don't have that information myself, but we do have a representative from Maverick here that it might be more appropriate to ask. Bird: Because 1 personally think that while it is a gas station, it is also a retail store. Convenience store. So, your statistics that you showed us from the police department isn't a hundred percent accurate. Hoaglun: Madam Mayor? De Weerd: Yes. 0 Meridian City Council October 7, 2008 Page 72 of 90 • Hoaglun: Question. It looks like you have five gas islands. How many pumps on each island? Are there two per island? Is it one per -- which would be one -- one on each side or you got two separate pumps, which can go either way. I'm just curious how many you have got there. Boyle: Council Members, they have ten fueling stations total, so I'm not sure what kind of arrangement -- if they are side by side or staggered, but -- Hoaglun: Okay. De Weerd: Anything else from Council? Okay. Boyle: Thank you. De Weerd,: I do have a number of people who have signed up for. When I read your names, if you would like to provide testimony at that time, you can come forward. otherwise, I'll read into the record your support of this project. Matt Morgan, developer, signed up for. Morgan: My name is Matt Morgan. Morgan Development. I'm the developer of Woodland Springs. Madam Mayor and Council Members, I know it's getting late, so I'll respectfully try to keep this short, so we can all get out of here tonight. Mr. Boyle did a pretty good job of describing kind of the history of the project. I would like to reiterate from onset of the development approximately a year ago Maverick was part of our developing efforts from the beginning in our land planning efforts and working with the staff in how we laid the project out. Top priority and the biggest concern being -- as we did numerous different layouts and drafts for the development was the buffering for the Maverick store with the other buildings. The shape, configuration, and the placement of the buildings to buffer the Maverick store from the properties -- Portico Place that would be to the east and any future development to the north. Of course, the substation on the south already being developed. We -- through those developing efforts and our final land plan, we think we were very successful in what is an optimal land plan for the buffering of the Maverick. We -- we have worked hard with Maverick and they have worked great with us to bring continuity to the buildings that we will be developing and building as far as design goes, with our design and the Maverick design. The -- through our entitlement efforts I wanted to make it really clear from the beginning that we did have Maverick as our -- as our corner user, as a fuel provider and a C store on the corner. I wanted that to be part of our presentation. As Mr. Boyle had stated, we had -- we had a large three by four board here, which represents -- which the draw colored rendering you had there, represented that same board. In addition to that, Maverick was with us through those hearings and testified in those hearings. The hours of operation for Maverick was a discussion during the preliminary plat, which ultimately led to the restriction of hours with the buffering buildings. The rest of the buffer buildings on the site, which ultimately lead to the restriction of hours from 6:00 to 11:00 with the other buildings, which we had no problem with that and still don't. But the corner site in the Maverick in the developing agreement was left out of that due to those discussions. So, 0 Meridian City Council October 7, 2008 Page 73 of 90 needless to say, when Planning Commission put those restrictions during the CUP it was kind of a -- kind of a bombshell for me in the sense that -- that my contract with Maverick allows them to withdraw from the development after all the efforts and the work that we had put into it and the utilities that we -- in good faith I made the decision to move forward with. So, needless to say, if they do pull -- do the restriction hours, which I think there is a strong possibility that they will. I have asked that question and I'm no getting an answer. But I believe there is a strong -- strong possibility with their model and their policy that they will and, obviously, that's going to create a detriment to my development and our efforts and create a hardship. I think Maverick is a class act -- you know -- De Weerd: Mr. Morgan, if you will summarize, please. Morgan: Okay. In summary, ma'am, I'd respectfully like to request that you reconsider the hours of operation for Maverick at the Woodland Springs development. De Weerd: You know, I guess just to comment, since, you know, I know when your application came through, because you did put it as something different and I can say, frankly, the summer when this application came through that we talked about the relocation of the ditch and that this would be a C store and gas station I was surprised. I did not have that as part of the picture when you came in with your development and so you just testified that it's always been here and we knew that. I didn't and I don't know if the Council members did. Morgan: Respectfully, Madam Mayor, they testified at the hearings, Maverick did. De Weerd: I didn't hear someone say there was -- I'm the gas station on the corner and that's -- that's all I'm saying is, no, I don't know who owns Maverick and now that I do, because it's on the signup sheet in front of me, then, I will know when Mr. Lillyquist comes to our council chambers that that is Maverick they are going to be partof that development, but, no, I didn't and that is why when we had the discussion this summer, you know, this was a neighborhood -related development and, you know, it's -- I just wanted to clarify, just me personally I didn't know a gas station was part of that. We discussed that this summer and enough said. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A question. When you speak of Woodland Springs -- and I'm somewhat familiar with the area -- is that all to the east or is it also to the north of this development? Morgan: Woodland Springs consists of what you see on the site here, which is approximately seven acres. What we are doing right now is phase one. • 0 Meridian City Council October 7, 2008 Page 74 of 90 Hoaglun: Okay. It is just this. And, then, Portico comes in right in here and is that what -- what is this particular area here? Morgan: That is a preliminary plat that's been approved for Patio Homes. Hoaglun: Okay. Morgan: The developer Mr. Sargent and I are working cooperatively together and, basically, we are down to the point where we are ready to asphalt Portico Place. We have built the road. Hoaglun: Okay. So, the access, then, to -- to the station and from McMillan, if you are traveling west, you would come in on Portico and, then, enter in this way and, then, that road, then, turns and access would be the patio homes right in there. Okay. Morgan: Yes, Councilman. Hoaglun: So, just to clarify, those homes are not yet built right there. Morgan: No. Not as of yet. De Weerd: Okay. Any other questions? Rountree: I have none. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I do have a clarification.' When it did come through I believe I didn't know it was a Maverick, but I took it that there was going to be a -- some kind of a fuel station there. Convenience store. But also we discussed the time and that was included within the 6:00 to 11:00 p.m. time deals and nobody at that point complained. So, that's my clarification on it. Morgan: In the developing agreement it's not included. The corner was left out of the developing agreement. And we did agree to the -- to the rest -- you know the rest of the development, the buffering buildings. De Weerd: Well, I can say your elevations are very attractive. Morgan: Thank you very much. We are trying hard to bring a quality project to Meridian. De Weerd: Thank you. Any other questions, Council? Okay. Meridian City Council, October 7, 2008 Page 75 of 90 Morgan: Could I -- in closing I'd like to just bring up two other points. Through the tree mitigation plan, the caliper of trees that we removed from the site, we have worked with city in replanting of the trees along the east and northern boundary, so we have 235 caliper inches of trees that we will be building along, including the fence on the east boundary and the north boundary to try to -- try to help create that buffer. Additionally, I would like to say we have -- through our neighborhood meetings we have been prepared at all of our neighborhood meetings that we are required, through the entitlement process, and a little frustrated that nobody showed up at any of those meetings, but, yet, came to the CUP in opposition. Since, then, we have worked hard to try to educate some of the people and we think that tonight shows that I think we have done a good job in kind of calming the situation down. So, I'll close with that and just ask respectfully that we could reconsider those hours of operation and thank you for your time. De Weerd: Thank you. Okay. Don Lillyquist is signed up for. Lillyquist: Madam Mayor, Members of the Council, Don Lillyquist with Maverick. 880 West Center Street, North Salt Lake, Utah. De Weerd: Thank you. Lillyquist: I appreciate the opportunity to address you. I would just like to reiterate that 24 hour operation is critical to our stores. Not necessarily that we will be open, what drives whether we open 24 hours or not is based purely on customer base. If we have customers that want to come to our store and get something at 3:00 o'clock in the morning, we want to be there for them. It's a convenience store. We want to be convenient for the people that shop our stores. As Mr. Boyle said, the majority of our customers come from the neighborhood within a one mile radius of our stores. We are there to serve them. We -- we want to be a good neighbor and we want to provide a product that everybody will be happy with. I happen to have made the presentation to the Planning and Zoning Commission for the store that was approved at Ten Mile and Ustick and I realize that that's a little different zoning, it's straight commercial, rather than neighborhood commercial. There were, obviously, no restrictions put upon that store. It's allowed to be a 24 hour operation. My -- I guess my -- my biggest point on this particular store is the fact that it has this buffering of the other stores around it, the landscaping, the fencing and everything else. I believe that this would be the only store that we have in our system that will have this type of buffering around it that would prevent the noise, the light, the smells, whatever people object to,,that would confine our operations to that area and not spill out. So, I guess in my mind where we have straight commercial areas where we have residential abutting right next to our property and we have been allowed to have 24 hour operation, why would this area where we have major buffering and more distance from any homes, why would we be restricted. That's all I have. I'm willing to answer questions if members of Council have any. De Weerd: Okay. Thank you. Council, any question? Okay. Thank you. Meridian City Council October 7, 2008 Page 76 of 90 Lillyquist: Thank you very much De Weerd: Christie Hansen signed in favor. Good evening. Hansen: Madam Mayor and Councilmen. I am in favor of -- De Weerd: If you will, please, state your name and address. Hansen: Christie Hansen. 4376 North Tall Grass Avenue. - I am in favor of. the Maverick. As being a health care worker, I work variable shifts, so it would be nice to have the convenience of being able to stop in when I'm getting off the evening shift or going in for a night shift. And it's just right down the road on my way to work, it would be nice for stopping for gas, because there is not really anywhere else as close. Thank you. De Weerd: Thank you. Ed Hansen. E.Hansen: Madam Mayor, Councilmen, Ed Hansen, 4376 North Tall Grass Avenue. I, as well as my wife, work at the hospital, work at St. Luke's, whether it's the downtown facility or Meridian, and my main artery is down McMillan to Cole Road and I'm in favor of the Maverick being open 24 hours a day, because I am out -- I spend most of my time coming home like between 12:00 and 5:00 in the morning or going to work before that time, so it would just be nice to have a 24 hour store, because, as you know, Eagle Road is kind of a pain to get to -- in and out of things, even at that time in the morning. De Weerd: At that time of the morning? E.Hansen: At that time of the morning. It's just -- like the Stinker station on the corner, you're restricted at how you can come in or go out of that store and it's just a pain in the butt. But -- so, I would be in favor of that, because I go right down McMillan, whether I'm going to work or taking my son to my parents, because they live right there on Locust Grove and this would be really convenient for me and I enjoy Maverick stores, because they are always clean, well kept, everything is friendly, and, besides, they have cheaper gas than everybody, too. De Weerd: Thank you. Jeremy Fowers signed up in favor. Fowers: I'm Jeremy Fowers, 5109 North Spangle Avenues and I actually live like right next to the Woodland Springs development. I'm the vice-president of the homeowners association and I spoke with several neighbors. There is several people in my subdivision that work evenings, work early mornings, but, myself, I work usually very early in the morning and it would be very nice to -- like Mr. Hansen said, you know, that the Stinker on Eagle, it is very restricted to get in and out of there and you have to kind of go out of your way, so I just think it would be a very good benefit to the whole area, the neighborhood, the whole area down there to have a Maverick open 24 hours. • Meridian City Council October 7, 2008 Page 77 of 90 De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Question for Mr. Fowers. You indicated you're the vice-president of your HOA. Fowers: Yes. Rountree: Are you hear representing your HOA or just your personal -- Fowers: It's -- I talked to several people in the subdivision this evening. Actually, over the last week or so, so I don't -- I mean, no, I'm not, actually, representing the HOA tonight. Rountree: Thank you. Fowers: Yeah. De Weerd: Brad Van Meuller signed up -- you're just lucky I even attempted it at this hour. Van Meuller: I live in Heritage Commons -- De Weerd: If you will, please, state your name and address for the record. Van Meuller: Brad Van Meuller at 3624 North Holly Mountain Place. De Weerd: Thank you. Van Meuller: I play hockey at -- down at the Bank of America Center. Well, now, it's Qwest Arena. And our hours when we play, we are playing at 1:00 o'clock in the morning, so it would be very convenient -- and in our area we don't -- we don't really have a convenience store out in that general area. If you look at an oversize map and we are trying to pinpoint in the Meridian area. So, I would -- I'm in favor of trying to -- of having something out there that would be very convenient for us. Because it is only a half a mile and Fred Meyer closes down in the middle of the night and we know we have to go along different -- a lot of other directions, but -- anyways, I'm in favor of it. Thank you. De Weerd: Thank you. Tammy Farmer signed up for. Good evening. Farmer: Good evening. Tammy Farmer. 1897 West Ditch Creek and I'm actually here because my husband's working and he works on shift as well and he's pretty excited, Meridian City Council October 7, 2008 Page 78 of 90 we saw Maverick and was disappointed to hear that they not be open 24 hours and, basically, I'm here, I'm in favor for it, so -- De Weerd: Okay. Thank you. Farmer: Uh-huh. Thank you. De Weerd: Okay. Lance and Sylvia Champion signed up in favor. Okay. John Carpenter signed up in favor. Kevin Amar signed up in favor. And Chris Todd signed up in favor. Okay. Council, any additional questions? Would the applicant's representative like to have final remarks? Zaremba: Madam Mayor? Canning: Madam Mayor and Council, before the applicant comes up, I did find a copy of the development agreement and on number -- Zaremba: Four. Canning: -- four it does state the business hours of operation for the professional office and multi -tenant retail business shall be limited to 6:00 a.m. and 11:00 p.m. Rountree: That's what I remember. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I guess a question about noticing. I noticed that none of the people that previously spoke in opposition are here. Tonight's meeting I assume was noticed in all the normal ways or -- to the clerk or -- Canning: The UDC does require that it be posted and property owners be notified, so that should have occurred. Zaremba: So, the people that previously spoke in opposition had the opportunity to know about the meeting. Okay. De Weerd: Well, I guess the problem is you already had it posted for the P&Z meeting. They were here, they heard the hours restricted, and I don't know if they necessarily thought they had to come back, so -- I don't know. Zaremba: Well -- and that's my concern, that they have thought it was over. Meridian City Council October 7, 2008 Page 79 of 90 De Weerd: Well, public .noticing in -- on that corner, 300 feet is -- is probably just Mr. Fowers. Eleven mailings. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, I mean certainly if that's a concern of yours, I mean if you want to continue that, we could certainly send notice to the people who previously testified. I mean that would be unusual, but -- because this is a Conditional Use Permit and it is final at the Planning and Zoning Commission, it may not be very intuitive to people to know that an appeal process is available and that another hearing may be heard. The radius notices only go out 300 feet. The notice, then, goes in the newspaper, and on our agenda and is posted, but as Madam Mayor just noted, many times those signs -- because they don't change, we see them in our community a lot and they don't necessarily change unless you go look at.the text very closely, that may have been overlooked or maybe not. I don't know. De Weerd: Okay. Anything further, Mrs. Canning? Canning: No, ma'am. De Weerd: Okay Boyle: Mayor and Members of the Council, again, Clint Boyle. Hopefully, I can clarify this quickly, so we can all get out of here and hit the Maverick before it closes. Actually, hopefully, they are open late, so when we are at these late night meetings we can all go and grab our coffee or soda on the way home. With regards to the notice, I guess I'd just note a couple of things. The initial Conditional Use Permit in front of Planning Commission, received the exact same notice. Those neighbors came out, because they saw signs -- I don't know if they saw it in the newspaper, whatnot, heard about it and came out to that meeting. This evening what I can tell you is the signs went down after Planning Commission. They have been off the site for, I don't know, 30 days plus. New signs went up. Those new signs -- I mean specifically talk about the request again. Conditional Use Permit they are appealing, because of the hours of operation. And we have submitted pictures of those signs on both roads right out on the frontage. Highly visible. They are not tucked away. You have got pictures of them with your staff. So, again, anybody passing by, which my understanding is that's how the both of them heard about it before, would see those signs and notice them. So, the noticing that has been done at least as far as signage, which is what we have control over as the developer's agent, has been exactly the same as Planning Commission and it wasn't something where the sign just sat there and some text got changed, they came down and, then, they went back up again. I clearly know that, because we had to pay for the reinstallation of the sign, so -- • Meridian City Council October 7, 2008 Page 80 of 90 • Zaremba: Madam Mayor? That considerably helps my concern that -- if they were absent for 30 days, then, people should have noticed that there was new signs going up again. I'm happy with that. Thank you for doing that. We have people that leave them there for years. Boyle: I appreciate that comment. I'm not sure if it was that. I'd like to think that. Or if it was just a matter of they were in the way of construction, so they had to come down, but -- but we will take that compliment anyway and, hopefully, that was the case, that they were removed appropriately. So, with that -- with that said, I mean I believe that the notice has gone out again. My understanding from the previous hearing on this was that, you know, in general those neighbors that came out -- and I might just note that from the written comments there were positive written comments as well and there were -- I don't remember the exact count, but maybe four or five neighbors that came out in opposition and, then, there was several letters in opposition and some in favor. But what I might note there is my understanding -- and I wasn't at the hearing, but I have studied these minutes pretty scrupulously and I have had discussions with the people that were at that initial hearing -- is that the general sentiment at the time was a convenience store in general going in on the site and I think that that -- I'm speculating a little bit here, but I think that that may have been what -- what drove a lot of people was just the nature of actually having a convenience store there. We talked about traffic a lot and there was concerns about traffic and whatnot that were brought up. There was concerns about noise and the buffering. Again, that's why I tried to expand on the efforts that have been taken to -- to mitigate that. Now, since, then, what the developer's done is, yeah, he's had some more discussion with the neighbors and don't know if he specifically contacted those neighbors or -- he went around and tried to work with those neighbors and were impacted and I believe one of them is right adjacent to our site. Obviously, he's worked with the Portico Place developer. So, he's -- he's trying to bring everybody together and make this a win-win for everyone, get everybody comfortable with that store and balance the needs of Maverick with the needs of the community and., you know, we believe that he's accomplished that through his site design, for one, because of the buffering there, with the substation below, with the way the buildings are located that will completely shield any visibility at least of the Maverick to the north. To the northeast there is the other smaller office building that also restricts that view to the east. So, it's going to be a really kind of an enclosed area, because Maverick indicated that's -- that's not always the case and in many instances there is residential that back right up to them and they just have a landscape buffer. This has not only landscape buffer, but structures that buffer it. So, wrapping up, again, guess what I just want to reiterate on is you heard from many neighbors that they felt that it would be a convenience. That's why they want the 24 hour operation. If they didn't feel that people were going to frequent the store, they wouldn't be open 24 hours. They,want it for the convenience of the people, so they can capture some of that. They want to do the competition, Fast Eddy's and whatnot that are open 24 hours, they want to be able to compete in the marketplace. With that said, most of their clients are in the neighborhood. You hear of many of them this evening and we'd respectfully ask for our approval with the 24 hour operation. Thank you. Meridian City Council October 7, 2008 Page 81 of 90 De Weerd: Okay. Thank you. Any final questions from Council? Rountree: None. De Weerd: Thank you. Okay. Council, that includes our public testimony. What is your desire? If there is no further information needed, I would enter a motion to close the public hearing if that is your desire. Zaremba: Madam Mayor, I move we close the public hearing on Item 15. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we remove the time restriction and allow 24 hour, seven days a weeks operation for AP 08-006, specifically the Maverick store, and with the intention that that not change the hour restrictions on the other buildings on the property. De Weerd: - Okay. I have a motion to approve the request. Hoaglun: I'll second. De Weerd: I have second. Any discussion? I don't have a sense in how the vote will go, but if I were to break a tie I would vote against the motion, so -- Hoaglun: Madam Mayor, just comments from my perspective. And not having dealt with a lot of these and, then, from what I have learned about the C -N zoning and the reasons for our restrictions, I can clearly understand why when you have a little corner parcel carved out and you have residents around it abutting to it, why you want to restrict the hours of operation. You know, as I look at this one, I'm trying to think, okay, does this -- is this the same criteria that meets those of other locations that have the 24 hours. I'm thinking specifically the Maverick at Ustick and -- or, I'm sorry, Cherry and Linder, which abuts up with a car wash and those types of things and that occurred before this type of zoning, but I can see why, in a situation like that, if that were to go in today, why we would want to restrict those hours. When I looked at this plan, I can see that there is a buffer to the north and east. To the east you have got a development that will be going in with the knowledge that this Maverick is going to be located at this corner and that -- to me, you don't have an established neighborhood right there to that east. That kind of makes a little bit of a differences for me. You don't have any 0 Meridian City Council October 7, 2008 Page 82 of 90 0 residents right to the south, because you have the Idaho Power substation. So, in my mind that tilts it a little bit to -- I can see a 24 hour operation at this particular location. Again, it doesn't fit for everybody, because I can see why that C -N is with limited hours, but for this particular one I can see how that fits. That's my ,two cents. De Weerd: Thank you. 1s there any additional discussion? Rountree: I have none. Bird: I have none. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. Three ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. Item 16: Public Hearing: TE 08-018 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for Chesterfield Subdivision No. 2 by Centennial Development, LLC — south side of West Pine Avenue between North Black Cat Road and North Ten Mile Road: De Weerd: Item 16 is a public hearing on TE 08-018. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Chesterfield Subdivision No. 2. It is located west of North Ten Mile, approximately a half mile south of Cherry Lane. The application before you tonight is a time extension to record subsequent phases of a final plat and to keep the preliminary plat and the planned development allowances valid. I'm going to skip down to the staff recommendation. If you want more information on the previous approvals and the actual plat, I would be happy to provide that. Staff has recommended denial. It goes to the presentation I made recently to Council regarding upcoming time extensions and the. memo that was developed from that meeting. Staff has recommended denial based on the following considerations. Council had determined that all projects should meet all current UDC standards. This project does not meet our current R-8 standards. It was done previously as a planned development. Also, there is not a development agreement on the property, nor is the property subject to design review. So, given those two considerations, staff is recommending denial. Gary Schweiger has provided written testimony in opposition to the time extension and he's also expressed concerns related to previous commitments by the developer and also a possible error in the annexation legal. The outstanding issue before City Council really is just the question of whether the time extension is in the best interest of the city and, then, also as a sub issue perhaps is the property Meridian City Council • s October 7, 2008 Page 83 of 90 boundary and possible error in the annexation. With that I will answer any questions Mayor and Council may have. De Weerd: Okay. Council, any questions for staff? Okay. This is a time extension. Is the applicant here? Amar: Thank you, Madam Mayor, Council Members. My name is Kevin Amar. Address is 2364 South Titanium Place in Meridian. As a side note, the debate is over and both sides are claiming victory, so -- I have no idea. This is a project that was started years ago. As far as time frame for completion, we developed the first phase, which was 84 lots. We have a number of those lots, unfortunately, still remaining available to the public. As far as time frame to move forward, we don't have a specific time frame. We would like to get this extended if possible. There is activity out there. There are people buying houses and, actually, houses being constructed, although as I'm sure you're aware, it's a tougher market today than what it was yesterday, for that matter. So, with that I would be happy to answer any questions. I will address the property boundary. I was under the impression -- Carl Porter and Dave Short were the surveyors that did the property boundary. It was my understanding that they had resolved the boundary description. Unfortunately, Bruce left and he was familiar with that also. I would be happy to look into it more, but I thought the actual boundary description had been resolved and I'll stand for any questions. De Weerd: Okay. Council, any questions? to provide testimony on this application? information needed? Nary: Madam Mayor? De Weerd: Mr. Nary. Thank you. Is there anyone who would like I have to ask. Okay. Council, any further Nary: Madam Mayor, Members of the Council, I did speak with Bruce Freckleton today regarding Mr. Schweiger's issue of the property boundary and at least in Mr Freckleton's mind there certainly is still an ongoing dispute, but it's a dispute between the two property owners, not the city. We based our ordinance of annexation based on the surveyor's description, so I don't think it's our issue. I do think it's an issue that still -- at least from Mr. Freckleton's perspective, what he communicated to me, still needs to be resolved between these parties, because Mr. Schweiger is getting taxed on his property as if it's within the city and, of course, he never asked to be annexed into the city. So, there is an ongoing dispute, but it isn't ours, it's really Mr. Amar and Mr. Schweiger's to resolve. De Weerd: Okay. Thank you. Anything further, Council? Do I have a motion to close the public hearing? Bird: Madam Mayor? • Meridian City Council October 7, 2008 Page 84 of 90 De Weerd: Mr. Bird. Bird: I move we close the public hearing on TE 08-018. Rountree: Second. �J De Weerd: Okay. I have a motion and a second to close the public hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion on this request? Rountree: Madam Mayor, just a comment. These time extensions are more and more and we did give some guidance to staff on how to look at those and recommendations to make. This would be the first request of Council, but the second request for an extension on this piece. It's going on four years old. It no longer meets the R-8 standard that has come to be since it was originally approved. For that reason, probably would not be in favor of granting this time extension. That's where I sit. De Weerd: Okay. Any other comments or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll put a motion out, we will see if we get it. I move we deny the extension of TE 08-018. 1 suppose I better give a reason. My reason would be it -- as Councilman Rountree stated, it don't meet the existing R-8 standards and when you come in to extend it, then, you're opening it up to get it brought up to current standards. So, that's - - and I believe we have extended it enough, so I move that we deny it. Rountree: Second that. De Weerd: Okay. I have a motion and a second to deny this time extension application. Any discussion? Zaremba: Madam Mayor, just a question I think -- what expires is the preliminary plat and conditional use. Annexation would still stay in effect; is that correct? Nary: Yes. Zaremba: Thank you. De Weerd: Okay. Madam Clerk, will you call roll. Meridian City Council October 7, 2008 Page 85 of 90 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: TE 08-017 Request for approval of an 18 month Time Extension to record the Final Plat for Irvine Subdivision by Dyver Development, LLC — Southeast Corner of North Ten Mile Road and West Chinden Boulevard: De Weerd: Okay. Item 17 is a public hearing on TE 08-017. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Irvine Subdivision project. It's located at the southeast corner of Ten Mile and Chinden and the application before tonight is a time extension to record the first final plat and keep the preliminary plat still valid. Staff recommendations, again, is for denial. Staff had recommended denial based on the following considerations: The project does not meet current UDC standards and more specifically the project does not meet the ten percent requirement for open space. And, then, with regard to MEW developments, Council had said that staff should offer and encourage, but not require that private streets be converted to public streets. Subsequent phases -- not the first phase, but subsequent phases of this preliminary plat to show MEW development. We have not yet even discussed that with the applicant, so I did want to just let you know of that -- that it does have a MEW development. And, then, second, if there is not a development agreement on the property, nor is the property subject to design review, staff should consider denying the request for a time extension. And with -- so, there is neither a DA nor design review associated with this project. De Weerd: Thank you. Amar: Thank you, Madam Mayor, Council Members. Again, for the record, Kevin Amar. Address 2364 South Titanium Place. I think this is -- the proposal that's here was one that was not approved. Actually, the one that was approved is not a MEW proposal. We had a couple go a -rounds on this project when it was originally approved. The one that was approved was a straight R-8 zone. I'm just correcting for the record. Canning: Madam Mayor, we have had a hard time getting the old one off there and I forgot about that, so -- Amar: Anyway, there are no private streets. In fact, there is no public streets at this point. Rountree: That's why you're here. Amar: That's why I'm here. And to be quite frank, the three applications we have before you, Chesterfield, which we just spoke about, Irvine, which we are speaking • Meridian City Council October 7, 2008 Page 86 of 90 about, and Amber Creek, which we will speak about, were all made -- applications were made prior to the guidance given by Council to Anna. This project, although we'd like it extended and we hope that you extend it and we understand -- we have not begun construction and have no time frame to do so. So, I guess with that, extend it if you will. De Weerd: Okay. Thank you. Amar: It's a nice project and we will let you know what we are going to do with it. De Weerd: I't's late. Any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Okay. There is no members of the public, so if you so desire, I would entertain a motion to close. Hoaglun: I would move, Madam Mayor, that we close the public hearing on TE 08-017. Zaremba: Okay. I have a motion and a second to close the public hearing on Item 17. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES.. De Weerd: Okay. Discussion or do I have a motion? Rountree: Well, Madam Mayor -- De Weerd: Yes. Rountree: -- I move that we deny the request for extension for Item No. 17, TE 08-017, for the reasons stated in the staff report related to the project does meet the ten percent requirement for open space and that there is no development agreement in place for this property, nor design review part of the annexation. Bird: Are you done? Rountree: I'm done. Bird: Second. De Weerd: I have a motion and a second to deny Item 17. Is there any discussion? Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. • Meridian City Council October 7, 2008 Page 87 of 90 De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: TE 08-016 Request for approval of an 18 month Time Extension to record the Final Plat for Ambercreek Subdivision No. 2 by Dyver Development, LLC — North Meridian Road and West McMillan Road: De Weerd: Item 18 is TE 08-016. 1 will open this public hearing with staff comments. Canning: Madam Mayor, our last project of the evening is the Amber Creek Subdivision No. 2. It's located on the west side of Meridian Road and the south side of McMillan Road. The application before you tonight is a time extension to record a subsequent phase of a final plat and keep the preliminary plat alive. The staff is recommending approval. The applicant -- they have proposed three conditions as part of that recommendation for approval. Applicant is to meet all terms of the approved annexation, preliminary plat, and final plat for the development. The applicant shall submit a development agreement modification application to the Planning Department by January 7th, 2009. And that's three months after the time extension approval. And said application shall propose building elevations for this property that is similar to those shown in Exhibit A-4 and I have those photos for you. And these are photos of homes within the subdivision. If the applicant submits a DA modification, as stated above, and signs the addendum to the DA as approved by the City Council, then, the applicant shall have 18 months until January 18th, 2010, to obtain the city engineer's signature on the final plat for Amber Creek Subdivision No. 2. The city engineer will not sign the final plat for Amber Creek Subdivision No. 2 until the applicant complies with the conditions herein. If the applicant fails to submit and sign a DA modification for this site that incorporates building elevations, then, the subject approval or the time extension 08-016 shall be null and void. We have received no written testimony and the outstanding issue for Council, again, is -- is the time extension in the best interest of the city. This subdivision, unlike the others, does continue to have activity and building permits -- or buildings are going up, it's just at a much slower pace than we are used to seeing. De Weerd: Okay. Thank you. Amar: One last item for this evening. Kevin Amar again for the record. 2364 South Titanium Place in Meridian. This project is our bright spot in Meridian right now. Of the 174 lots we did develop 101 of those lots in the first phase. So, the time extension largely is -- we continue to have activity out there. We have six to eight sales a month, which in this market is extremely -- extremely good. Had we had it to do all over again we probably would have developed 40 foot lots in the first phase, but we are just working through the first phase and we will be on to the second phase. We understand the conditions of the time extension and the development agreement modification. Further, this project does meet the current UDC code with the R-8 guidelines. I believe Meridian City Council October 7, 2008 Page 88 of 90 that was part of the findings. So, with that we would ask for a time extension approval on Amber Creek Subdivision and I will stand for any questions. De Weerd: Thank you. Rountree: Answered mine. De Weerd: Council, any questions? Rountree: No. Bird: I have none. De Weerd: Okay. I would entertain a motion to close. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for time extension for Amber Creek Sub No. 2, Item No. 18, subject to the staff comments. Zaremba: Second. De Weerd: Okay. I have a motion and a second. And the extension is good until when? Rountree: Until January 7th, 2009. De Weerd: Second agree? Zaremba: Second agrees. De Weerd: Okay. If there is no discussion, Madam Clerk, will you call roll. Canning: Madam Mayor? Meridian City Council October 7, 2008 Page 89 of 90 De Weerd: Yes. Canning: Can I clarify that motion? That January 7th, 2009, is the DA date. Rountree: That's the DA. 18th. 2010. Canning: The applicant nearly jumped out of his seat. De Weerd: Here you just thought you had a motion in your favor. Zaremba: Three month time extension. De Weerd: Okay. That is noted for the record. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 19: Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student), (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency), (d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9., Idaho Code), & (fl — (to consider and advise its legal representatives in pending litigation): De Weerd: Item 19 -- and I'm sorry it is a quarter to 12, but it is an Executive Session per Idaho State Code 67-2345(1)(a)(c)(d)(b) -- I don't know what else still applies. Bird: (d) and (f). De Weerd: And (f). Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we go into Executive Session per Idaho State Code 67-2345 paragraph (1)(a)(c)(d)(f) and (b). 0 Meridian City Council October 7, 2008 Page 90 of 90 Bird: Second. . De Weerd: Okay. Madam Clerk, will you call roll. 0 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES. De Weerd: I'd entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES.- De YES: De Weerd: Thank you. MEETING ADJOURNED AT 1:08 A.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 05 / og MAYORA71Y De WEERD DATE APPROVED ATTEST: JAYCEE L. HOLMAN, CITY LE%EAL 9c�, �Cp 00(l1�Y �O October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. S REQUEST Proclamation for National Arts and Humanities Month 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: Did n� rHC6�re Trocl otmat i m Np,ncg 9-aurAKI-u 4 Glace AccLptsol Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6 XA REQUEST Approve Minutes of August 5, 2008 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of August 5, 2008 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6.0 REQUEST Approve Minutes of September 2, 2008 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Appm vc--, Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 40 APPLICANT ITEM NO. 6-D REQUEST Approve Minutes of September 9, 2008 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: Appmvc Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-E REQUEST Approve Minutes of September 16, 2008 City Council Workshop Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY AppnoVc-, 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-F REQUEST Approve Minutes of September 23, 2008 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS A PF--) M v -r - Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-G REQUEST Approve Minutes of September 30, 2008 City Council and Planning and Zoning Commission Joint 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: /ApprovC_, OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 3, 2008 MERIDIAN CITY COUNCIL MEETING • A P 08-004 October 7, 2008 ------------- APPLICANT Anna Canning Planning Director ITEM NO. 6_H REQUEST Tabled from September 23, 2008 -- Findings for Denial -- Request for City Council Review for a McDonald's Redbox (DVD kiosk) located in an approved C -N zone -- 3415 West Cherry Lane AGENCY CITY CLERK: CITY ENGINEER:. CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS move A consea4 vjfv� no Tinal(I P Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.. • October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6_1 REQUEST Approve Transportation Project Request List from Planning Department AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY . CITY POLICE DEPT: CITY FIRE DEPT: APFVO\/-C 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: Date: Emailed: Phone: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. Page 1 of 1 Tara Green From: Matthew Ellsworth Sent: Thursday, October 02, 2008 2:24 PM To: Jaycee Holman Cc: Tara Green; Peter Friedman; C. Caleb Hood Subject: Consent Agenda Follow Up Flag: Follow up Flag Status: Green Attachments: ACHD_Letter.doc; 2008 Full.xls Jaycee, At the September 23 meeting, Council directed staff to draft a letter for submittal with the City's transportation project requests to ACHD, and to include it on the Consent Agenda at the next meeting (October 7th) consideration. A draft letter is attached, along with the final project request list. Can you please inclur de it for their the Consent Agenda for Tuesday? Thanks, Matt Ellsworth Associate City Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 10/3/2008 • October 7, 2008 Sally Goodell Deputy Director, Planning & Projects Ada County Highway District 3775 Adams Street Garden City, ID 83714 RE: 2010-2014 Five Year Work Plan Update — City Requests Dear Ms. Goodell, • The City of Meridian appreciates the opportunity to submit the attached list of transportation projects for consideration in the upcoming Five Year Work Plan (FYWP) update. The City looks forward to working with ACRD in updating the plan. The attached list was initially prepared by the Meridian Transportation Task Force, and was approved by City Council on September 23, 2008. ACRD staff attended several Transportation Task Force meetings in recent months to provide assistance and answer questions about the FYWP. The City appreciates the efforts of staff in this process. In addition to the overall projects list, the City submits the following comments for ACHD's consideration: • Many of the roadway projects listed as priorities represent broader corridor needs. Examples include Ten Mile, Pine, Linder, Fairview, and Ustick. ACHD should make an effort to create full, usable transportation corridors and avoid constructing piecemeal improvements that only benefit a mile or two at a time. • Intersections are paramount. Whether by interim improvements or full construction of ultimate configurations, ACHD should focus on intersections to move traffic. Again, ACRD should focus on corridors rather than individual, disconnected projects. • ACHD requested that the City reprioritize projects from last year's list and not include new projects this year. The City understands ACHD's reasons for this request — there is a huge backlog of needed projects. However, not recognizing new and pending needs that continue to mount fails to fully convey the severity of the deficiencies in the City. New projects are therefore included in this year's list. • Similar to previous years, the City's prioritized list is not a wish -list of niceties but rather an identification of Meridian's worst transportation system deficiencies. The City understands the challenge ACHD faces with a backlog of essential projects and a lack of funding to adequately address constituent needs. The City will continue to advocate for expanded revenues for transportation projects, and to visibly support ACHD in this regard in any manner it can. Thank you for your time and consideration of these requests. Sincerely, Page 1 of 2 • Tammy de Weerd Mayor • Cc: ACHD President and Commission Andrew O'Connor, Five Year Work Plan Coordinator, ACHD Sabrina Bowman, Planning Manager, ACHD Toni Tisdale, Principal Planner — Transportation, COMPASS Page 2 of 2 N !' 0) O z u N O C31C .0 U O u n v N v C Ul FN .O a O 'j N n ai o L C a Ln 7 O O L ry 01 -0 N V L E c LL ,v n vv o 7 V, 0 N C N O 3 c rn E o c M 'oC 0 3 O N N 0 O .-a cc U/ N 7 L C oar FL N 0 0 N c 7 c rn a a Cl N y.. !O y� c� v o O N Q �O Y C) C O tf � = n N Im O A ? Y NLU � T N lL W v N V nO N O U p C O lL C o a °' a E 0 o H0/ u CL >o o^OcF$ N N O O C O F OO_ -0U 0 0 N W .y C C c y n O p.WJ N a o d Y N 0 7 vi L u U O � a` O rn 0 rn v ai m m W 0 CD 0 c C � c I- O O� c v O lO ? N U1 V) t ,_c., o o v 0 v �' v�_ip v Q N a Y 0a c Y N c i, N _7 J U N C (3.8 _ O N ti N O. 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E g . 0 a)E c . k / / f C§ % / ƒ f k o u ± 2 5 /\£ />\ / /k tf E �_ �U o �U �» e< 2 \ �m 222 2G 2 2 R2cCe32 02 0 w� c/ § k c _ c W 0 0, � c w (u c wƒ R: W G 2 Q) & 2 » \ p. e u e 2 2 Q # Q c b ' b� ' � /§ 2 2 2 y £ 2 U e 2/ J) � 2 2 2# LL U . 2 2= u� Q # = 2 » e == 3 m u w c 2 2 e> R O.2 c 2 > \ O N g 7 0 - CN r * Ln m N = 7 0 1-4 1-1" m r1i r14 n • ai c v Q 3 A) Z fu LL M • E • .Prelim Rank Project New Intersection Intersection Rebuild I Linder/Ustick Intersection 2 Linder/Pine Intersection 3 McMillan/Locust Grove Intersection 4 Ustick/Ten Mile Intersection 5 Locust Grove/Ustick 6 Locust Grove/Victory • • 7 Ten Mile/Victory 8 Meridian/Ustick Intersection 9 Chinden/Meridian Intersection 10 Chinden/Locust Grove Intersection ACHD INTERSECTION PROJECTS Comments/Issues: "Tell the Story" • Needs to be functional w/ Sawtooth Middle school. Please include pedestrian -actuated signals. • Consistantly City's no. 1 priority intersection; ACHD's no. 1 priority intersection last year. • Programmed for 2008 construction in 2007-2011 & 2008-2012 FYWP - Delayed to 2009 during 08-09 Budgeting Process. PLEASE KEEP PROJECT ON TRACKW • Concstuct asap - start in 2008 if possible. • Right turn lanes are a must. • Needs to be functional w/ high school. • Previously programmed for 08 construction - delayed to 2010 in 08-12 FYWP; delayed again to 2011. • Separated from road widening project as a result of City's request to postpone Linder road project (in favor of Phase 1 of Split Corridor). • Recently approved projects will make this intersection more important if coming years. • This intersection is included with the Ten Mile Road, Cherry to Ustick road widening project. These projects should stay together as planned. Substantially Increased traffic with new overpass. • CJ • Temporary signal up and running (thank you) • Removed from FYWP due to temporary signal - longer term improvements are needed. • Project Status 2006 Priority 1 2009 (FYWP) 5 2008 (FYWP) in 07-11, Delayed to 2010 in 08-12; delayed again to 12 2011 in 09-13. 2011; currently in design. 21 2013 (FYWP) 19 • E Femoved from FYWP when temporary signal 26 was constructed. • CJ Prelim Rank Project 1 Ten Mile Interchange 2 Meridian Interchange Rebuild 3 Linder Road Overpass 4 Widen Chinden 5 SH -16 Extension 6 Eagle Road Corridor Improvements • Comments/ Issues: "Tell the Story" • With the SAP adopted, this stands to be a showcase project illustrating the potential of integrating land use and transportation planning. • Community has shown a commitment to quality and functionality in the area. • Improvements to Ten Mile Road are included with this project (Franklin/Overland - Increase to 5 lanes). ITD will construct andscaped medians with the project. • Potential timing issues with Downtown Split Corridor. • Needed for I-84 widening. Concrete for fourth lane will go in with construction of third lane - unusable until interchange is rebuilt. • Existing interchange is almost 60 years old. Ramps/bridge not built of today's volumes. • Bike/Ped facilities on bridge are non-existent. Major problem with high school, water park, and Boondocks. • Maintenance program was dropped from 2006- 2010 STIP in recognition of need for rebuild. • IF ADDITIONAL FUNDS ARE AVAILABLE DUE TO UNCONSTRUCTABLE PROJECTS ELSEWHERE IN • Ten Mile Interchange will help, but movements over the Interstate will need a choice separate from those accessing the Interstate (as with Meridian). • River crossing will make this one of the longest north/south roads in the County. • Project should include road improvements on Linder from Overland to Franklin. • Must include bike/ped facilities. • Regionally significant corridor. Considerable development pressure. Corridor Study in process. • City ordinance, recognition of importance of route. • Not included in Connecting Idaho; right now there is no money to widen... • As alternate route to I84, Chinden should be widened ASAP before 4th lane is added to interstate. ADOPT AND IMPLEMENT ACCESS MANAGEMENT PLAN ASAP!!! • Population of Gem County and surrounding area is rising, but job growth remains relatively stagnant; many residents are commuting to the Treasure Valley for work • City is planning for interchanges at Chinden, Ustick, and Franklin, and is preserving the corridor until an alignment is determined. • GARVEE will construct a river crossing - but connection to I-84 is essential with developments proposed • Developer has proposed improvements from 84 to 1/2 mile north of Fairview. • Needed improvements (in order of importance): 1) Safety (medians/turn controls), 2) Lighting, 3) Beautification. • This project, while important to the City, did not score as highly as others because it is seen largely as a beautification project. Safety/capacity needs should be the highest priority. • Project Status :200 7 Priori 2009 (TIP/GARVEE) 1 N/A 6 N/A 3 • Corridor Study currently underway. • There is money in the 4 TIP for ROW, but none for construction. N/A 5 • Needed improvements are noted in ITD's Long Range CIP 6 ("Horizons in Transportation but not 11 October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-1 REQUEST Ratify Art in Public Spaces Purchasing Agreement -- Old East Meridian by Dwight Williams 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: Emailed: See attached A pp►►��er Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ART PURCHASING AGREEMENT Art in Public Spaces Agreement for Art in Public Spaces ('A�ement') is entered into This Art purchasing en the City of Meridian, Idaho, whose � and between this day of September, 2008, by Williams, whose address is address is 33 E. Idaho, Meridian, Idaho C`Citli'), and Dwight , 655 E Kingsford, Meridian, Idaho 83642 ("Artist'l (collectively, "Parties i. iniArt iated WHEREAS, City, by and through the Meridian Arts Commission, art of thethe $,, in Public Spaces" collection of public art in order to makevisual art p g dialogue about regular .experience for those who visit Meridian's City Hall, ens leadership, staff and creativity in our community among the elected officials, community visitors to the city's government center, and to provide inspiration for new ways of experiencing the arts; WHEREAS, City, by and through the Meridian Arts Diet art pies taboo be July 23, 2008, issued a Call to Artists requesting proposals for p included in the Art in Public Spaces collection; responded to the Call to Artists by submitting a two- ., WHEREAS, Artist respo created by Artist in 2008 using dimensional artwork entitled `Old East Meridian," watercolor paint on paper, the dimensions of which are 20 inches in height by 25 inches in length ("Work"); , the Art in Public Spaces. Selection Committee ("AI'SSC'I, whose WHEREAS were dui appointed by the Meridian Arts Commission in accorened and members Y applicable bylaws and ordinances, following due notice to the public, cony reviewed submissions provided in response to the Call to Artists, which submissions included Work; and the, guidelines and criteria adopted WgEREAS, in accordance with its charge Ci Council via its approval of the by the Meridian Arts Commission and approved by City Call to Artists on or about July 22, 2008, the APSSC identified Work as exemplifying the mission of the Art in Public Spaces project; and WHEREAS, this Agreement is, intended to implement the purchase of Work in accordance with the terms described in the Call to Artists and such terms hereinafter provided; NOW, THEREFORE in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sale. Artist hereby agrees to sell the Work to City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall include Artist's commission, materials, flaming and installation hardware of Work. October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-K REQUEST Ratify Art in Public Spaces Purchasing Agreement -- A Warm Evening by Gregg Russell AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: Approvic, 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ART PURCHASING AGREEMENT Art in Public Spaces This Art Purchasing Agreement for Art in Public Spaces ("Agreement') is entered into this day of September, 2008, by and between the City of Meridian, Idaho, whose address is 33 E. Idaho, 'Meridian, Idaho ('City), and Gregg Russell, whose address 3187 S. Signorello Lane, Meridian, Idaho 83642 ("Artist') (collectively, "Parties'). WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public Spaces" collection of public art in order to make visual an part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center, and to provide inspiration for new ways of experiencing the arts; WHEREAS, city, by and thorough the Meridian Arts Commission, on or about July 23, 2008, issues a Call to Artists requesting proposals for completed art pieces to be included in the Art in Public Spaces collection; VMFMAS, Artist responded to the Call to Artists by submitting a two- dimensional artwork entitled "A Warm Evening," created by Artist in 2008, using oil paint on canvas, the dimensions of which are 30 inches in height by 40 inches in length ("Work"); WHEREAS; the Art in Public Spaces Selection Committee ("APSSC'), whose members were duly appointed by the Meridian Arts Commission in accordance with applicable bylaws and ordinances, following due notice to the public, convened and reviewed submissions provided in response to the Call to Artists, which submissions included Worst; VVEWMAS, in accordance with its charge and the guidelines and criteria adopted by the Meridian Arts Commission and approved by City Council via its approval of the Call to Artists on or about July 22, 2008, the APSSC identified Work as exemplifying the mission of the Art in Public Spaces project; and WHEREAS, this Agreement is intended to implement the purchase of Work in accordance with the terms described m the Call to Artists and such terms hereinafter provided, NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sade. Artist hereby agrees to sell the Work to City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall include Artist's commission, materials, framing and installation hardware of Work. ART PURCHASING AGREM4MT - ART W PUBUC SPACES PAGE t OF 6 2. Payment City will pay Artist for Work and services rendered pursuant to this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method To receive payment for services rendered, the Artist shall complete the W-9 form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E. Idaho St, Meridian ID 83642, by 5:00 pm. on September 26, 2008. Upon receipt of the complete W-9 form from Artist and execution of this Agreement by both Parties, City will process such request and issue payment via check sent U.S. Mail to Artist within seven (7) days - 3. Framing Artist shall figure the Work or cause the Work to be flamed in accordance with the specifications to be provided by City. The failure to comply precisely with each and every aspect of such specifications shall constitute a breach of this Agreement 4. Delivery. Artist shall deliver the Work, flamed in accordance with the prescribed specifications and ready to hang, to City at 33 E. Idaho Street, Meridian, Idaho by 4:00 p.m. on Friday, October 17, 2008. Acceptance shall be signified by written receipt, signed and dated by the City Clerk or a Deputy City Clerk, and provided to Artist upon receipt of the Work. The Artist agrees to bear any risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss or damage incurred prior to City's acceptance of the work, the Artist shall return any and all payment received, upon which neither party shall have any farther obligation under this Agreement. 5. Time of the essence. The Artist acknowledges that services provided under this Agreement will be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach o& and a default under, this Agreement by the party so failing to perform. 6. Installation. The Artist is responsible for furnishing the Work or having such Work furnished with the proper hardware for safe, durable, permanent hanging. The City shall be wholly responsible for the cost, labor, design, and placement of the Work's installation. 7. Copyright The copyright for Work shall be owned by City. The Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though the Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed City may use partial or complete images of such Work for promotional or other public use without further permission -from Artist. While Artist makes no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Work by City for promotional or other public use. ART PURCHAsiNo AGREE ENr — ART i1 PuSuc SPACES PAGE 2 OF 6 S. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. Sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U S.C. Section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act -of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expraly waived. 9. Moral right City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or misuse of the Work which would reltect discredit on Artist's reputation as an artist, or which would violate the spirit of the Work. 10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to be publicly displayed at Meridian City Hall. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from public display, whether temporarily or permanently. 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether done by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 12. Restoration. Iftine Work is damaged, City shall consult Artist before any restoration efforts and must give Artist fust opportunity to restore it, if practicable. City shall have the exclusive right to determine when and whether repairs and restorations of the Work shall be made. 13. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain. such Work or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is ART PURCHASING AC[stiMUNr—ART IN PUBUC SPACES PAos3 of 6 not an employee of City. Artist shall retain the right to perform services for others during the terns of this Agreement. 15. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicate when mailed by United States Mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Gregg Russell 3187 S. Signorello Lane Meridian, Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 16. Waiver and indemnification. Artist waives any and all claims and recourse against City, including the right of contnbution for loss and damage to perces or property arising from, growing out of or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further. Artist will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's pmformance of this Agreement except for liability arising out of the concurrent or sole neogence of City or its officers, agents or employees. 17. Discrimination prohibited. In performing services pursuant to this Agreement, Artist shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 18. Constrnetion and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the went is reasonably capable of completion. 19. Entire agreement,. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this ART PURCHASING AGRMBGW- ART INPUBLIC SPACES PAGE 4 of 6 • i Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 20. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof 21. Assignment, Artist may not sub -contract, assign, transfer, hypothecate or sell its rights (including the right to compensation) or duties arising hereunder without the Prior express written consent of City. Any subcontractor assignee will be bound by all the terms and conditions of this Agreement. 22. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, succemrs, assigns, and personal representatives. 23. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general teens and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no fiuther notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement„ Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 24. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 25. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 26. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ART PMCMSMO AGREAEW-- ART IN PuBuc SPAcEs PACE 5 OF 6 • 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the -- day of September, 2008. ARTIST: STATE OF IDAHO ) ss: County of oda ) I HEREBY CERTIFY that on th*�'day of September, 2008, before the undersigned, a Notary Public in the State of Idaho, personally Gregg Russell, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. CITY OF M]MMIAN Attest: Tammy*Vwd, Mayor Jay= 0 Holman City Clerk , I have hereunto set my hand and affixed my official is certificate first above written. gl/l ,�C Yl Y JI&A t.t x x.Mt eL.)r� Notary Public for Idaho Residing at�Se , Idaho My Commission Expires: f—D:?�—tO ART PURCHASING AGRmMmNT- ART M PUBuc SPACES PAGE 6 OF 6 October 3, 2008 AZ 06-063 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Waltman, LLC ITEM NO. 6-L REQUEST Findings for Approval -- Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property (aka Browing Plazal -- 505.521.615. & 675 Waltman I ant - AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached • E CITY OF MERIDIAN 1 N/(, IDIAN�- FINDINGS OF FACT, CONCLUSIONS OF LAW AND IDAHI . O DECISION &ORDER In the Matter of Annexation and Zoning of 38.68 acres from RUT and R-1 (Ada County) to C -G (General Retail and Service Commercial); and Preliminary Plat for 40 buildable lots and 2 common lots on 38.21 acres in a proposed C -G zoning district, by Waltman, LLC. Case No(s). AZ -06-063 & PP -08-001 For the City Council Hearing Dates of: April 22, May 6, June 17, and 24, and July 8, and 22, and September 2, and 23, 2008. (Findings on the October 7, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by.the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-063; PP -08-001 -1- 4. Due consideration has been given to the cgmment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Conceptual Site Plan, Development Agreement, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated November 7, 2006 by Clinton Hansen, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated (stamped 2/11/08 by Clinton Hansen) is hereby conditionally approved; and, 4. The site specific and standard conditions of approval for the preliminary plat are as shown in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-063; PP -08-001 -2- In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for finallapproval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (2'8) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 6, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-063; PP -08-001 -3- B action of the Cit Council at its regular meetin' held on the da of Y g Y 008. i COUNCIL MEMBER DAVID ZAREMBA VOTED�� COUNCIL MEMBER VOTED AKno__ &Y&d � LuK) COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy e Weerd kill I$1111111/I/' of MEQ , Attest: ; ��•�,�y Jaycee H an, City Clerk 40- IS1 Copy served upon Applicant,�'� .ve fitment, Public Works Department and City Attorney. B Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). AZ -06-063; PP -08-001 -4- i CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 STAFF REPORT Hearing Date: May 6, 2008 TO: Mayor & City Council ERIDI ,i IDAHO FROM: Sonya Watters, Associate City Planner (208) 884-5533 1 SUBJECT: Browning Plaza (aka Waltman Property) • AZ -06-063 Annexation and Zoning of 38.68 acres from RUT and R-1 (Ada County) to C -G (General Retail and Service Commercial) • PP -08-001 Preliminary Plat for 40 buildable lots and 2 common lots on 38.21 acres in a proposed C -G zoning district The Commission heard these applications on February 21, 2008. At that meeting, the Commission voted to continue the project until the March 20, 2008 meeting in order to have sufficient time to obtain comments from ACHD (the ACHD Commission heard this project on March 5'") and to give the applicant time to review the Development Agreement provisions recommended by Staff. The applicant submitted a written response to the original DA provisions proposed by Staff. Staff has updated the DA provisions, including some of the requests by the applicant, and has met with the applicant to discuss these changes. The applicant submitted another written response to the DA provisions based on the updated provisions. On Monday the 25`" of February, City and ACHD Staff met with the applicant at ACHD to discuss the traffic issues in this area. During that meeting the current access limitations and a long-term solution for traffic in this area were discussed. (A loop frontage road was briefly discussed, but was not considered as a viable option due to the State's plan for the new westbound on-ramp onto I-84. This new on-ramp will take a substantial portion of the property due east of the subject site.) ACHD and City Staff both expressed an interest in having Corporate Drive extended to the north to connect with SW 5`" Avenue. If this connection is made, a viable secondary access to this site will be established. A solution that ACHD staff offered up to get the Corporate/5`" connection made, but not put the entire burden on the applicant was to enter into a development agreement with the developer to establish an extraordinary impact overlay district in this area. If an extraordinary impact fee area is established, the developer of the subject property, in concert with ACHD, would build the Corporate Drive extension (and any other "necessary" roadway improvements), and then be reimbursed through extraordinary impact fees that are generated as buildings are constructed in this area. Unlike ACHD staff, however, City Staff believes that the Corporate Drive extension should occur prior to another 8,000 vehicle trips being added in this area, not after. City Staff continues to believe that the extension of Corporate Drive to the north, across the Ten Mile Lateral is a critical roadway improvement in this area that should be constructed sooner rather than later. Staff is recommending that no more than 75,000 square feet of gross building area be allowed before the Corporate/5r" connection is made. Staff recommends that the Commission decide what roadway improvements and DA provisions should be included with this development. See section 10, Analysis for details on the updated DA provisions for this project. Changes to the staff report since the February 215` version are in bold, italics and underline. Originally, the applicant was only requesting AZ approval with a conceptual development plan. Since that time, the applicant has submitted a preliminary! plat and new concept plan. This staff report is based on a revised preliminary plat and revised concept plan depicted in Exhibit A, stamped on 2/8/08 Waltman Property — Browning Plaza AZ PP PAGE 1 CITY OF MERIDIAN PLANNAEPARTMENT S by Ross Erickson, not the preliminary plat and plat application. 1. SUMMARY DESCRIPTION OF FOR THE HEA*G DATE OF MAY 6, 2008 plan that was transmitted with the preliminary REQUEST The applicant, Waltman LLC, has applied for Annexation and Zoning (AZ) of 38.68 acres from RUT and R-1 (Ada County) to C -G (General Retail and Service Commercial). A conceptual development plan has also been submitted for this site that depicts a big box retail building, a hotel, professional offices, and a commercial retail center for a variety of commercial opportunities. Preliminary Plat (PP) approval. is also requested that includes 40 buildable lots and 2 common lots on 38.21 acres of land. The subject property is located on the south side of Waltman Lane, east of The Landing Subdivision and directly north of Interstate 84, in Section 13, Township 3 North, Range 1 West, B.M. The subject property is composed of nine parcels of ground and contains various existing homes and associated outbuildings that will be removed at the time of development. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ -06-063 and PP -08-001, as presented in the staff report for the hearing date of March 20, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Meridian Planning & Zoning Commission heard these items on March 15, May 3, June 7, August 2, October 4, and December 20, 2007 and February 21, and March 20, 2008. At the public hearing on March 20, 2008 they moved to recommend approval of the subiect AZ and PP request. a. Summary of Commission Public Hearing: ' i. In favor: Joe Borton & Shawn Nickel, Rose Law Group (Applicant's Representative); Robert Wiener (Applicant) ii. 111. iv. Written testimony: Art Berry v. Staff presenting application: Sonya Watters vi. Other staff commenting on applications Caleb Hood b. Key Issue(s) of Discussion by Commission: i. The necessity for Corporate Drive to be: extended from the north to Waltman Lane for ii. Transition in uses between west and north of the site; iii. The relocation of Waltmai iv. extended from the na v. For uses that are non -office on property that abuts residential uses, require conditional use permit (CUP) approval; limit hours of operation; and/or prohibit certain uses. c. Key Commission Change(s) to Staff Recommendation: i. Add a Development Agreement (DA) provision requiring CUP approval for all restaurant and retail uses proposed along the western and northern property Waltman Property — Browning Plaza AZ PP PAGE 2 i CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HAG DATE OF MAY 6, 2008 boundaries adjacent to residential uses. Further, drinking establishments and drive- thru uses shall be prohibited; ii. Add a DA provision restricting hours of operation for businesses along the western and northern property boundaries adiacent to residential uses to not exceed 10 pm; iii. Modify DA provision to allow up to 150,000 (instead of 75,000) square feet of gross building area prior to the extension of Corporate Drive from Waltman Lane across the Ten We to the north. d. Outstanding Issue(s) for City Council: i. The threshold for how much development can occur on the site before Corporate Drive is extended from Waltman Lane north, across the Ten Mile Creek and how that restriction is applied to the subject applicant; ii. Appropriate transition in uses between the proposed commercial uses and the existing residential uses to the west and north. Summary of City CounciLPublic Head L In favors Shawn Nickel; Roger Stang�; Dave Moore, Robert Wiener, Ross Erickson - - In opposilLQue Mike Swenson; Kathy Floyd; Nathan Floyd; - Nancy . . ' 1 1 l 1 1 I_ I_ : 1 1 j! Commentinge Gary Inselman; Christie Little; Curtis Lee; Nona HaddodjLjae Lorcher; Duane Cope; Christie Haddock; Edward Haddock;.Rob Haddock iy� Written testimplays Donna Aldridge; Duane Co y� Staff presenting applicatiow Anna Ca * 1. Other staff commenting on applicalkme Mark - Niemeyer; j. : b� Key Issues of Discussion b The timing -of 1 extension _1A 1 1- 11_ ! Drive from the north r 1 1 Waltman & The use of extraordinary impact fees through ACED) to pay fQrAhe off-site construction of Corporate Drive and Waltman U Location of the loading docks away from the residential boundaricn iy� Requirement of a new preliminary plat for conc L Requirement of CUP approval for any square fo" u 100,000� /- 1 1. -.l ..- 1 architectural elements 1 r structures; The installation 1. a temporaryautomated ' ' at Ruddy for use by the Wents Wenon Waltman Lane during -the Waltman Ln.lMeridian Rd.[Main Street intersectio construction : I. 1 infra - I I. 1 rovements on Waltman _ - - - The -J I__ 1_ ' hr issuance of building 1 11- - in relation 1 the Waltman Ln./Meridian Rd./Main Street intersection improvements and the infrastructnu improvements on Waltman Lane; and The q -- II_' I_ 1 _ CUP approvalof any outdoor a_ 1 1-' A' west and northwest 1. 1 1 rll boundaries. Key 1 .. n - - Changes 1 . :. _ 1 I. 11_ .... 1 n :_ ' 1 I_ I I_ ' J_ ! 1_ I I_ L Modify DA - . sion #14 to make all buildings subject to upcoming—design guidelines, as well as current desjgq,�� -. Modify DA provision #22 to remove thephrase, the -- Modify 1.:_ provision '- to clarify J -I _r J_. ' instead of "north!_pxvqgiU Waltman Property — Browning Plaza AZ PP PAGE CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 J-• I-' I--• '-- I---' I- -�I_I. 1 II_'J. 1 ) _ 1 1.1.1 l J. ' I I_ I_ ' I MiRTNTRI J. - • I- J. ' �) .. I_ J- ' - �- I - e .. J_ 1 ! I Z_ -- 1 - I - ' II _Nor ('J. M WIPPRWA 03J.' I- .iM I 1 l l.. 11 _ 1 1 : 1 1J I 1' 1 I - 1 TWO - 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -06- 063 and PP -08-001, as presented in the staff report for the hearing date of May 6, 2008, with the following modifications: (Add any proposed modifications.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06- 063 and PP -08-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06-063 and PP -08-001, as presented during the hearing on May 6, 2008, for the following reasons: (State specific reasons for denial of the annexation request.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 505, 521, 615, 675 W. Waltman Lane Referenced as Ada County Tax Parcel #'s: S 1213428300, S 1213428050, S 1213428010, S1213428020, S1213427880, S1213427890, S1213427840, S1213427860, and S1213427872 Located in the Southeast '/ of Section 13, T3N, R1 W b. Owner: Boise Waltman, LLC 27305 Mayflower Way Boise, ID 83709 c. Applicant: SLN Planning, Inc. 148 N. 2nd Street, Suite 101 Eagle, ID 83616 Waltman Property — Browning Plaza AZ PP PAGE 4 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAGG DATE OF MAY 6, 2008 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RI and RUT (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Applicant's Statement/Justification: A C -G zoning designation is being requested with the annexation application, with the subdivision plat containing a variety of commercial lots ranging in size with the flexibility of allowing for multiple users with maximum options in design and placement of businesses. A public street connection from the residential subdivision to the east (Ruddy Street) will be extended and aligned with the future Corporate Drive to the north. In addition, Waltman Lane will be extended into the site and will intersect with the new Corporate Street alignment. (See Applicant's narrative for more information) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. Newspaper notifications published on: July 16, and 30, 2007 (AZ) and February 4, and 18, 2008 (PP) (Commission); March 31, and April 14, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: July 6, 2007 (AZ) and January 28, 2008 (PP) (Commission); March 28, 2008 (City Council) e. Applicant posted notice on site by: February 8, 2008 (Commission); April 11, 2008 (City Council 6. LAND USE a. Existing Land Use(s): Vacant land; agricultural b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. This area is still primarily residential in nature. Some of this area has already transitioned form rural to urban such as The Landing Subdivision to the west and various commercial sites to the northeast. This area is rapidly transitioning form rural residential to urban. c. Adjacent Land Use and Zoning North: Waltman Lane and Rural Residences, zoned RUT and R1 (Ada County) 2. East: Rural Residences and ITD sand lot, zoned C -G and RUT (Ada County) 3. South: Interstate 84 4. West: Single Family Homes in The Landing Subdivision, zoned R-4 d. History of Previous Actions: This property plays an essential role in providing secondary access to the residences in The Landing Subdivision and other home sites that were previously only accessible for emergency service providers by Linder Road. Working with the Meridian Fire Department, the applicant has recently provided a secondary emergency vehicle access road that connects to Ruddy Drive, which is a stub street extended to the subject property from the Landing Subdivision. This emergency vehicle access provided a much needed second point of connection Waltman Property — Browning Plaza AZ PP PAGE 5 CITY OF MERIDIAN PLANNII&EPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 to all of the properties south of Franklin Road that take access from Linder. As this area develops maintaining vehicle access to Ruddy Drive will be crucial in this area. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently a sewer trunk installed through this property. Location of water: There is currently a water main in Waltman Lane and in Ruddy Drive in The Landing Subdivision. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for as this site develops. 3. Floodplain: The Ten Mile Creek is located along the eastern boundary of this site. It appears the floodplain is isolated to the eastern side of the Ten Mile Creek which is only a small portion of the subject property. When specific development plans for this site are submitted, the floodplain implications will be examined in more detail. The applicant will have to apply for a Floodplain development permit for construction within the floodplain. 4. Canals/Ditches Irrigation: As mentioned above the Ten Mile Creek courses through the eastern portion of this site. The Ten Mile Creek is listed in the Comprehensive Plan as one of the waterways that should be protected and improved within city limits. 5. Hazards: N/A 6. Proposed Zoning: C -G 7. Size of Property: 38.68 acres (annexation area); 38.21 acres (plat) f. Landscaping: 1. Width of street buffer(s): A 20 -foot wide buffer is required along Waltman Lane (a collector street), east of the Waltman/Corporate intersection; a 10 -foot wide buffer is required along Waltman Lane (a local street), west of the Waltman/Corporate intersection; a 20 -foot wide buffer is required along Corporate Drive (a collector street); and a 50 -foot wide buffer is required along I-84 (an interstate and entryway corridor). All street buffer landscaping shall be installed in accordance with the standards listed in UDC 11 -3B -7C, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: Per UDC Table 11-213-3A, a 25 -foot wide buffer to adjoining uses in required along the west and northwest property boundaries adjacent to the existing residences. This buffer shall be installed in accordance with the standards listed in UDC 11-313-9C. 3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required upon development of the site in accordance with the standards listed in UDC 11-313-8C. Internal landscaping will be reviewed for compliance with UDC standards with submittal of the Certificate of Zoning Compliance and/or Conditional Use Permit application. g. Summary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows two major points of access into this development. The first of these access points is taken directly from Waltman Lane which is an existing public street that runs along the northern boundary of this property. Waltman Lane is currently operating as a partially improved street with two travel lanes, no curb, gutter or sidewalks. The second access point into this property is provided by a stub street, Ruddy Drive, Waltman Property — Browning Plaza AZ PP PAGE 6 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 which extends to the subject property from The Landing Subdivision to the west. The applicant's concept plan shows Corporate Drive extending from the north through the site and connecting to Ruddy Drive. There are also 2 driveway access points to/from Waltman Lane and 5 driveway access points to/from Corporate Drive shown on the concept plan. These access points and other access issues are discussed at length in section 10 of this report. ACHD has submitted draft conditions of approval on the proposed plat that are included in Exhibit B. Staff and ACHD are generally supportive of the proposed streets and access points proposed on the plat with the conditions contained in this report in Exhibit B. 7. COMMENTS MEETING On February 1, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and conditions of approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines Commercial as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C -G which staff believes is consistent with the Comprehensive Plan designation for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District #2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Waltman Property — Browning Plaza AZ PP PAGE 7 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 0 Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of commercial and retail opportunities will be provided on this site. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed development is appropriate along the adjoining transportation corridor (Interstate 84). This development project will be highly visible and help to define this area of the city. • Chapter VII, Goal IV, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. The applicant is proposing a 25 foot wide landscape buffer on the west property line adjacent to The Landing Subdivision as required by the UDC. The applicant is proposing a C -G zone for the entire site. The conceptual site plan depicts professional offices and a hotel adjacent to The Landing Subdivision. Staff is supportive of the proposed office uses as a transitional use but believes that the hotel andlor any other building over 100, 000 square feet proposed within 300 feet of a residential district or use should be required to receive Conditional Use Permit approval. See section 10 below for more information and analysis. • Chapter V, Goal I, Objective A, Action 4: Develop and maintain greenbelts along waterways. The Ten Mile Drain runs along the east boundary of this site. Per the Master Pathways Plan, a multi -use pathway is required along the east side of this waterway at the northeast corner of this site in alignment with the pathway on the north side of Waltman Lane. • Chapter V, Goal III, Objective D, Action 5: Require all commercial and industrial businesses to install and maintain landscaping. Internal parking lots landscaping and buffers will be required to be installed and maintained by each of the commercial businesses proposed within this development. • Chapter VI, Goal II, Objective A, Action 13: Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. With development of this site, Corporate Drive, currently stubbed at the Ten Mile drain north of Waltman Lane, will be extended through the site and connect to Ruddy Drive (a stub street) in The Landing Subdivision. Although off-site, staff believes that the extension of Corporate Drive across the Ten Mile Creek to the north is also an important street connectionlextension in this area (see below for more analysis). 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. Retail stores, offices uses, and service -based industries are either principally or conditionally permitted uses within the C -G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Waltman Property — Browning Plaza AZ PP PAGE 8 CITY OF MERIDIAN PLANNALPARTMENT STAFF REPORT FOR THE HAG DATE OF MAY 6, 2008 c. Dimensional standards for the C -G zoning district, per UDC Table 11-2B-3: (Applicable upon development of the property) Front setback ( in feet) 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street landscape buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway Corridor 35 Interstate 50 Landscape buffer to residential uses (in feet) * 25 Maximum building height (in feet) 65 Maximum building size without design standard approval as set forth in 11-3A-19 insquare feet) 200,000 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landscaping requirements I See Chapter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Comprehensive Plan designation. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Please see Exhibit D for detailed analysis of the required facts and findings for the annexation & zoning and preliminary plat applications. The annexation legal description submitted with the application (prepared on November 7, 2006, by Clinton W. Hansen, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Concept Plan: The applicant submitted a concept plan for this property showing how the property may develop in the future. Due to the unknown nature of the future businesses that may develop on this property, the plan is only conceptual. After carefully reviewing the concept plan, staff has identified various issues and concepts that need to be further discussed and mitigated/conditioned for. Staff is aware that the proposed plan is only conceptual in nature, but believes there are some concepts not currently proposed that would be appropriate for this site. These additional concepts, and the ones proposed are discussed below. To begin, the concept plan proposes approximately 400,000 square feet of professional office, hotel, big box retail and smaller retail spaces that are distributed among 21 separate buildings (5 office buildings, 5 office/retail buildings, 1 big box retail building, 1 potential hotel building, and 9 smaller retail buildings). The big box retail building is planned to house a national retailer that will "anchor" the development. It is depicted on the site plan within the southeastern portion of the development. Waltman Property — Browning Plaza AZ PP PAGE 9 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HAG DATE OF MAY 6, 2008 Staff is including a development agreement provision that requires office uses only, with the exception of a potential hotel site near the southwest corner of the site, to be constructed along the west and northwest property boundaries as a transitional use between the existing residences and the proposed commercial development. If a hotel is proposed on the site as depicted on the site plan (within XX feet or- a residential zoning uses.distr-iet), Conditional Use Permit fiPPFOV81 should be required beeause of the pr-oximi of residential a minimum 25 -foot setback shall be required for the first story, a 100 -foot setback shall be required for the 2"d story, and a 200 -foot setback shall be required for anything greater than 2 stories, adiacent to existing residences. Further, all structures, with the exception of a potential hotel, along the west and north property boundaries may not exceed 2 stories in height and any/all two story (or higher in the case of a hotel) structures along the west and northwest property boundaries directly adjacent to residential uses shall position second story windows in such a manner as not to have views directly into neighboring residential properties. Staff is also adding a DA provision that a minimum of 15 buildings be required on this site and that no building greater than 100,000 square feet be located within 300 feet of a residential district or use without obtaining conditional use permit approval. A major aspect of the concept plan is the proposed street/driveway system. The applicant is proposing to construct Corporate Drive as a public collector street, south from Waltman Lane connecting to Ruddy Drive, a stub street in The Landing Subdivision at the west boundary of this site. This vehicular access will serve as a primary access for residents in the general vicinity, but should not be a major access for patrons of the development that live west of Linder Road. Corporate Drive at Waltman Lane aligns with the anticipated Corporate Drive extension to the north (currently Corporate dead -ends on the north side of the Ten Mile Creek.) Five driveway connections are proposed to/from Corporate Drive; four of which are in alignment with each other. Two driveway accesses are proposed to/from Waltman Lane east of the Corporate/Waltman intersection. No access points to Waltman are proposed west of the Corporate/Waltman intersection. Staff is including a DA provision limiting access points to Waltman Lane to those shown on the concept plan. One more element of the concept plan to note is the parking layout. As shown on the concept plan, the majority of the buildings along Corporate Drive and Waltman Lane are directly adjacent to the street buffer with parking to the sides and rear of the buildings. The majority of the parking is internal. Staff is supportive of this layout. Additionally, due to the high visibility of this site, staff believes that restricting the location of parking areas, docks/loading areas, and dumpsters is appropriate. (See Site Design and Landscaping below for more information.) Site Design: This site is in a very visible location. People in cars driving by the city on Interstate 84 will have a direct view of this commercial development. This area has the potential to become one of the city's most recognizable features. For this reason, quality design is essential. As of theprint deadline for- this report staff has t Feeeived ean be identified and ed by staff the Com a the Couneil. In addition to the concept shown on the plan, the needed elevations/design elements mentioned above, staff believes the following design elements should be required with this development of this property. • In addition to the conceptual building elevations, materials and design elements presented during the public hearing, all buildings in the development should be Waltman Property — Browning Plaza AZ PP PAGE 10 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF MAY 6, 2008 subject to the administrative design review standards listed in the UDC pertaining to architectural character, color & materials, and parking lots. In addition, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. • All buildings should contain architectural elements and landscaping features that break up any long facade or wall, as determined by the Planning Director, that faces the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the fagade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. • Pedestrian walkways and connectivity should be provided on the site between the buildings and within the parking lots of this site. A pedestrian plan should be included within the master concept for this development. Pedestrian walkways and paths should be provided throughout the parking lot to allow pedestrians to walk in designated areas rather than in drive aisles. • Due to the high visibility of this site, and unless otherwise approved by a future Conditional Use Permit, trash compactors and loading docks along the north, west, and south property boundaries are prohibited. Further, all trash enclosures shall be constructed of concrete or masonry materials. Except for a potential hotel and the southwest corner of the site, office uses shall be constructed along the west and northwest property lines as transitional uses to the existing residential uses. Except for a hotel, all structures along the west and north property boundaries adjacent to existing residences shall be limited in height to two stories. Structures along the west and northwest property boundaries directly adjacent to residences shall position second story (and higher in the case of a hotel) windows in such a manner as not to have views directly into neighboring residential properties. • All structures proposed on the site over 100,000 square feet that are within 300 feet of a residential district or use shall obtain conditional use permit approval. • A minimum of 15 buildings should be required on this site. • Development of this site shall be generally consistent with the conceptual site plan submitted with this application (attached in Exhibit A), as determined by the Planning Director. Access: Access to/from this property is an issue of extreme importance for this project, especially when the size and visibility of this proposal is considered. Currently, there are only two points of access that exist into this area. The first is Waltman Lane, which is a public street running along the northern property line. Waltman Lane operates currently as a partially improved roadway with no curb, gutters or sidewalks. The other access point into this property is Ruddy Drive, which is a public residential stub street that is stubbed to this site from The Landing Subdivision to the west. There is a third vehicular connection that staff also believes is important for the viability of this area; Corporate Drive, and its extension across the Ten Mile Creek. Staff believes that each of these points of connectivity mentioned above has special considerations; these considerations are described below: Waltman Property — Browning Plaza AZ PP PAGE I I CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 • Waltman Lane: Staff believes that Waltman Lane will be the major access corridor into this site. Most people corning to or leaving this site will go through the intersection of Waltman Lane/Meridian Road/Main Street. The current configuration of this intersection has been identified by the City and ACHD as an area of great concern. The most current information from ACHD lists the redesign and reconfiguration of this intersection in the ACHD Draft Five Year Work Program, with construction to begin in 2009. The project is estimated to take seven months or more, and will be a major aspect of the "Split Corridor" as defined in the Downtown Meridian Transportation Plan and 2006 Update to the Comprehensive Plan. Staff believes that the redesign of this intersection is an essential key to the development of all of the land along Waltman Lane, including the subject property. It must be made clear that the current configuration of the intersection is only serving a small number of single family homes that are located along Waltman Lane. It goes without saying that adding 400,000 square feet (or any) of commercial space prior to the redesign and construction of the Waltman Lane/Meridian Road/Main Street intersection would have severe consequences in this area. Therefore, staff is including a provision restricting development of this property until the Waltman/Main/Meridian Road is improved. Beyond the intersection being constructed and fully operational, staff also believes that Waltman Lane should be completely improved with curb, gutters and sidewalks along its entire length (abutting this site and to Meridian Road) prior to the intensification of this area, (see summary of access issues below) • Corporate Drive: As stated above, Corporate Drive currently terminates at the northern bank of the Ten Mile Creek, approximately 500 feet north of the subject site. To connect to Waltman Lane, a bridge crossing will be required over the Ten Mile Creek and the street will then need to be extended across the 8.5 acre Lorcher property (parcel #S1213131365), which lies to the north of the subject site. It must be made clear that the Lorcher property is not part of this application, and lies off-site. However, Staff believes that the extension of Corporate Drive from the north to Waltman Lane is another key element of the circulation system in this area that should be resolved, before businesses are allowed to operate in this area. (see summary of access issues below) • Ruddy Drive: Unlike the other two access points mentioned above that have constraints that are not directly adjacent to the subject property (they are off-site), Ruddy Drive is a stub street that abuts the western boundary of the subject site. Currently, Ruddy Drive connects to a network of local residential streets in The Landing Subdivision. All of these streets have front on housing and other characteristics of local neighborhood streets. Staff believes that Ruddy Drive should be extended to allow connectivity. This will allow emergency vehicles to maintain the much needed second access point to the south Linder Road area and it will also facilitate a more limited flow of traffic between The Landing Subdivision and this proposed development. (see summary of access issues below) Summary of Access Issues: In relation to the concerns described above, staff believes that the following measures should be taken to avoid any potential access issues in this area: No building permits should be released or construction traffic allowed on this site until the construction related to the redesign of the Waltman Lane/Meridian Road/Main Street intersection is completed OR Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. Construction traffic for the purpose of infrastructure improvements shall be allowed during the construction related to the Waltman Lane/Meridian Road/Main Street Waltman Property — Browning Plaza AZ PP PAGE 12 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 intersection. If the extension of Corporate Drive is completed prior to the Waltman Lane/Meridian Road/Main Street intersection and construction begins on the site, no construction traffic should be allowed to use the Waltman Lane/Meridian Road/Main Street intersection until it is also completed. Prior to occupancy of any structure located on this site, the Waltman Lane/Meridian Road/Main Street intersection should be completed. AND -Further, up to 75,000 square feet of gross building area will be allowed prior to the extension of Corporate Drive shall be exteP W across the Ten Mile Creek to connecting to Waltman Lane .-,,.....,rate Drive should be ex4e .aoa , s the Te Mile Creek - a �i immz-n�rnw�rv�rcri ty *ii esteria-vv'ciidafy of the su jeet p epeftj'. A Certificate of Zoning compliance application(s) will not be approved for _ any structure(s) on the site that exceeds the total allowed square footage for the site until Corporate Drive is extended. Ruddy Drive shall be extended as a public street (Corporate Drive) into this site and connect to Waltman Lane as shown on the concept plan. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. Waltman Lane: In order to provide a buffer between the three existing residential properties on the north side of Waltman Lane and the proposed commercial development, the applicant is proposing to relocate the existing Waltman Lane further to the south. To do this the applicant must vacate the existing right-of-way, and install a 25 -foot wide landscape buffer where the right-of-way use to be. Staff is supportive of this proposal. Lighting: Lighting on this site along the western and northern property boundaries should be such that it does not negatively impact adjacent residential properties. To mitigate for this, light poles should be shorter and/or bollard type lighting should be used in these areas and all lighting on the site should comply with the standards listed for outdoor lighting in UDC 11- 3A-11. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11 -5B -1A). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 6 months of City Council approval to initiate this process. The DA shall include, at minimum, the following: 1. A phasing plan shall be submitted with phase 1 of the development. 2. The existing agricultural use (grazing of cattle) on the property will be allowed to continue after annexation into the City, until phase 1 of the development occurs. A maximum of 25 cows and 2 horses will be allowed to exist on the site at any time. Waltman Property — Browning Plaza AZ PP PAGE 13 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 3. The applicant shall improve Waltman Lane adjacent to the site and off-site to the end of the split corridor improvements, per the half street sections attached in Exhibit A.6, prior to occupancy of any structure within the site. 4. All future uses shall 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. 5. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 6. The applicant shall be responsible for all costs associated with sewer and water service installation. 7. No building permits shall be issued or construction, traffic allowed (except for infrastructure improvements such as sewer, water, & roads) on this site until: a. The construction related to the split corridor Waltman Lane/Meridian Road/Main Street intersection is-eempleted has commenced and the applicant has installed a gate with paved access to Ruddy for use by the Waltman residents. Such gate shall be installed prior to beginning any other construction on the site and shall be removed by the applicant prior to dedication and ACRD acceptances of the street connection to Ruddy Drive. This temporary secondary access shall be useable to Waltman residents at all times during the construction of the subject Property. OR b. Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. 8. Development on this site shall not exceed a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive from the north bank of the Ten Mile Creek at its current stub, south to Waltman Lane. Approval shall be obtained from ACHD prior to Certificate of Zoning compliance application submittal for future structures to verify compliance with the allowed ADT. A Certificate of Zoning compliance application(s) will not be approved for any structure(s) on the site that exceeds the total allowed ADT for the site until Corporate Drive is extended. 9. if the extension of rer..erete Drive is eempleted prior- to the split eeFn'aer- w It I ., e/Ader-idi... D..ad AUin Street :..terseet:e., a building eens♦ t' ♦ FC L. l is also mY „leted However , .. nstrae eti-affi: the te p finffastf:uetidr- (sewer-, i the . «letio of the Waltman T /Ad .1' Rea"Uia Street t t' 10. Ruddy Drive shall be extended as a public street into this site and up to Waltman Lane, as shown on the concept plan(s). 11. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. 12. Provide a pedestrian network within the parking areas that will help to guide pedestrians through the parking areas safely. This network shall include pedestrian only pathways and sidewalks that connect the distant parking areas to the buildings. A pedestrian plan shall be included with the master concept plan for this development; submit with the first CZC application on this site. 13. All buildings in the development shall be subject to the administrative design review standards listed in the UDC and future design guidelines pertaining to architectural character, color & materials, and parking lots. In addition to the aforementioned standards, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. Architectural design elements on the Waltman Property — Browning Plaza AZ PP PAGE 14 CITY OF MERIDIAN PLANNISLEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 structures shall continue all the way around the structures, similar to the example provided by the applicant at Target included as Exhibit A.7. 14. All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application unless the Development Agreement is modified by the developer once actual users are identified. 15. All buildings shall contain architectural elements and landscaping features that break up any long fagade or wall, as determined by the Planning Director, that face the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the fagade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. 16. , effiees shall be eefistfuete _esidei#ial u Any outdoor uses and/or activity areas (including restaurant seating) adjacent to residential uses along st -uetum '-^••��--^ � �^ the west and northwest boundaries mat tO --esidenfis ues shall require conditional use permit approval (unless the adjacent uses are changed into non-residential uses). 17. Conditional Use DeFfr t .,.....-e ..,1 is required f all .-esta,,......+ ..n .- t '1 uses e.l.. .1ong the.. .-.. estean .....-thweste fn p.- pety boundaries . E, a t t YrvYvov fesidepAial uses. 18. Prohibited uses along the western and northwestern property boundaries are as follows: drinking establishments, drive-thru establishments, fuel sale facilities, fuel sales facilities/truck stops, and vehicle washing facilities. 19. Except for a potential hotel site at the southwest corner, all structures proposed on the site over 100,000 square feet that are within 100 feet of a residential district or use shall obtain conditional use permit approval. 20. Rest : fant uses approved alb the nei4h and n ;rth est betmdar-ies f the site are He t a flewea to have ,.tdee seating afeas within 100' of , residential pr-e..e.-«.. kn (,arAess the adjaeept e e ,.> angea irAe. eside..ti..l (Note from Staff Restaurant uses would require CUP approval in this area; staff feels that we can address the outdoor seating area at that time. 21. Standard hours of operation for businesses along the west and northwest property boundaries adjacent to residential uses are limited to the hours between 8 am and 4-0 11 pm (unless the adjacent uses are changed into non-residential uses) with the exception of a hotel use, which shall be allowed to operate 24 hours. 22. For concept plan #1, all structures along the west and northwest property boundaries adjacent to existing residences shall be limited in height to two stories and shall have a minimum setback of 25 -feet adjacent to the existing residences (unless the adjacent uses are changed into non-residential uses), with the exception of the proposed hotel. If a hotel is built at the southwest comer of the site as depicted on the concept plan, a 25 -foot setback shall be required for the first story, a 100 -foot setback shall be required for the 2nd story, and a 200 -foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. Structures along the west and northwest property boundaries directly adjacent to residences shall position second story (and higher, in the case of a hotel) windows in such a manner as not to have views directly into neighboring residential properties. For concept plan #2, appropriate setbacks will be determined at the public hearing for the preliminary plat and conditions will be placed on the plat accordingly; No Development Agreement modification shall be necessary. Waltman Property — Browning Plaza AZ PP PAGE 15 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HAG DATE OF MAY 6, 2008 23. For concept plan #1, no rear loading areas, delivery areas, trash areas, or obtrusive lighting shall be permitted adjacent to existing residences on the west and northwest property boundaries. Further, all trash enclosures shall be constructed of concrete or masonry materials. 24. A minimum of 10 buildings shall be required on this site. 25. Development of this site shall be generally consistent with either one of the two conceptual site plans approved with this application, as determined by the Planning Director, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant proceeds with concept plan #2, a new preliminary plat application will be required. 26. Prior to issuance of the first occupancy, a 10 -foot wide multi -use pathway shall be constructed at the northeast corner of the site as depicted on concept plan #1 and as approved by the Parks Department, on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-313-8 and 11-313-12, and the Master Pathways Plan. 27. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. 28. Construct a 50 -foot wide landscape buffer along the interstate. This buffer shall be designed in accordance with UDC 11-313-7 and be placed along the entire southern boundary of the subject site, prior to the occupancy of the first building in this development. 29. Construct a 20 -foot wide landscape street buffer along Waltman Lane (a collector street) east of the Corporate/Waltman intersection. A 10 -foot wide buffer shall be constructed along Waltman Lane (a local street) west of the Corporate/Waltman intersection. These buffers shall be designed in accordance with the standards listed in UDC 11-313-7 and constructed prior to the occupancy of the first building in this development. 30. Construct a 25 -foot wide landscape buffer and a 6 -foot tall masonry wall between residential uses and properties zoned C -G as depicted in Exhibit A. 8. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for), prior to occupancy of the adjacent building. 31. If the applicant chooses to develop consistent with concept plan #1, relocate Waltman Lane further to the south, vacate the existing right-of-way, and install a 25 -foot wide landscape buffer on the north side of Waltman (off-site) adjacent to the Haddock property, as depicted on concept plan #1 and Exhibit A.9. If the applicant chooses to develop consistent with concept plan #2, appropriate buffers shall be determined at the public hearing for the preliminary plat and the plat shall be conditioned accordingly. 32. If the applicant chooses to develop consistent with concept plan #1, construct two driveways as proposed on concept plan #1, on the south side of Waltman Lane, no wider than 36 -feet each. No driveway accesses to Waltman are approved west of the Waltman/Corporate intersection. If the applicant chooses to develop consistent with concept plan #2, appropriate driveway. locations shall be determined at the public hearing for the preliminary plat. Waltman Property — Browning Plaza AZ PP PAGE 16 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 33. If the applicant chooses to develop consistent with concept plan #1, construct a maximum of 5 access points to Corporate Drive as shown on the concept plan #1, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant chooses to develop consistent with concept plan #2, appropriate access points shall be determined at the public hearing for the preliminary plat. 34. The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-313-8 which outlines the standards for parking lot landscaping. 35. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Department prior to all new construction on the subject property. No this time the proposed development agreement does not Fef ..enee a rry e e elevations for- this —prefeet beeause—they —need to e,4ded. A develepmeat should be ineluded prior- to final approval of the PFojeet, if sneh appr-eval is granted. 2. PP Application: The proposed preliminary plat depicts 40 buildable lots and 2 common lots on 38.21 acres of land in a proposed C -G zoning district. Please see Exhibit D for detailed analysis of the required facts and findings for the preliminary plat application. Staff is in general support of the proposed plat with the following comments: Dimensional Standards: The applicant must comply with the dimensional standards for the C -G zoning district listed in UDC Table 11-2B-3 as outlined in this report. Preliminary Plat: Staff has reviewed the proposed plat and is recommending that the plat be revised as follows: • A 20 -foot wide street buffer landscape easement is required along both sides of Corporate Drive, classified as a collector street, per UDC Table 11-2B-3. • A 20 -foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a collector street, east of the Waltman/Corporate intersection, per UDC Table 11-2B-3. • A 10 -foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a local street, west of the Waltman/Corporate intersection, per UDC Table 11-2B-3. • A 50 -foot wide street buffer landscape easement is required along 1-84, per UDC Table 11-213-3. • The 10 -foot wide multi -use pathway located along the east side of the Ten Mile Creek at the northeast corner of the site shall be placed in a public pedestrian easement via a note on the final plat. The applicant should coordinate with the irrigation district and the Parks Department for any additional easement requirements. • A cross -access easement shall be recorded, via a recorded document and/or a note on the final plat, for all lots within the subdivision that do not have frontage on a public street. Landscape Plan: The applicant has submitted a landscape plan for this site, prepared by Erickson -Civil, Inc., stamped on 2/8/08 by Ross Erickson. Staff has reviewed the plan for compliance with current UDC standards and offers the following comments/requirements: Waltman Property — Browning Plaza AZ PP PAGE 17 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 A 10 -foot wide multi -use pathway shall be constructed at the northeast corner of the site on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 1I - 3B -8 and 11-3B-12, and the Master Pathways Plan. When the neighboring properties to the east develop, the pathway can then be extended eastward to intersect with Meridian Road (as shown on the Master Pathways Plan). The Ten Mile Creek courses along the eastern boundary of this site. The comprehensive plan has identified the Ten Mile Creek as one of the waterways that should be preserved and protected within the city. Staff believes that the vegetation and trees that currently exist along the banks of the Ten Mile Creek should be protected or enhanced as part of this development. These trees and vegetation also act as a natural screen from the ITD sand lot which is located to the east of the proposed development. Per UDC Table 11-213-3, a 50 -foot wide landscape street buffer is required along I- 84, as depicted on the landscape plan and plat. This buffer should be designed in accordance with the standards listed in UDC 11-3B-7. Per UDC Table 11-2B-3, a 20 -foot wide landscape street buffer is required along the southern boundary of Waltman Lane (a collector street) east of the Waltman/Corporate intersection. A 20 -foot wide buffer shall also be constructed along the north side of Waltman Lane (off-site), east of the Waltman/Corporate intersection, as proposed. The portion of Waltman Lane that lies west of the Waltman/Corporate intersection is classified as a local street. As such, a 10 -foot landscape buffer is required along the northern boundary of this site on the south side of Waltman Lane, per UDC Table 11-213-3. All buffers shall be designed in accordance with the standards listed in UDC 11-313-7. The portion of Corporate Drive that extends through the site is classified as a collector street. Per UDC Table 11-2B-3, a 20 -foot wide landscape buffer is required along both sides of the street, in compliance with the standards listed in UDC 11-313- 7. • The applicant shall apply for a Floodplain development permit for construction within the floodplain. • Per UDC Table 11-213-3, a 25 -foot wide landscape buffer is required between residential uses and properties zoned C -G. This buffer should be designed and constructed in accordance with UDC 11-313-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision along the west boundary and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for). • The applicant should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-313-8 which outlines the standards for parking lot landscaping. Cross -Access: Some of the proposed lots do not have frontage on a public.street. Cross - access shall be provided to all lots within the development via a note on the recorded final plat or a separate recorded agreement. Sidewalks: Per UDC 11-3A-17, minimum 5 -foot wide sidewalks are required along Waltman Lane and Corporate Drive/Ruddy Drive. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not Waltman Property — Browning Plaza AZ PP PAGE 18 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAPG DATE OF MAY 6, 2008 available, a single -point connection to the culinary water system shall be required. If a single - point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: There is one existing shop/barn and some sheds on the site that are proposed to be removed upon development of the property. b. Staff Recommendation: Staff recommends approval of the proposed annexation application (AZ -06-063), subject to the Development Agreement provisions listed above. Staff also recommends approval of PP -08-001 for Browning Plaza Subdivision. I]= Meridian City Council heard these items on April 22_ May 6_ .lune 17_ and and 22, September 2. and 23.2008. At the hearing on September 2 .2008 he Council approved the subject AZ and PP request. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan #1 (stamped 2/8/08 by Ross Erickson) 3. Conceptual Site Plan #2 (dated May 27.20081 4. Preliminary Plat (stamped 2/11/08 by Clinton Hansen) 5. Landscape Plan (stamped 2/8/08 by Ross Erickson) 6. Typical Roadway Sections B. Agency Comments 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Sanitary Service Company C. Legal Description D. Required Findings from Unified Development Code Waltman Property — Browning Plaza AZ PP PAGE 19 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE 20 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 2. Conceptual Site Plan #1 (stamped 2/8/08 by Ross Erickson) Exhibit A Sao wr CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE. HEAOG DATE OF MAY 6, 2008 F Lrujut lit F. r-LIn -- -- HNI!lIIIIIIIIIIHIHHH Exhibit A sd! 0 0-n-0.400 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 4. Preliminary Plat (stamped 2/11/08 by Clinton Hansen) 11=101111: SITUA-71110 IN ^ PCXVFM nAwan i vv=Vr. 10E,MF3i1D1AN. ADA COUNTY. IOAl/0 2007 Exhibit A mom CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEAOG DATE OF MAY 6, 2008 5. Landscape Plan (stamped 2/8/08 by Ross Erickson) L"ISMAPT0%'AN POOR T14M THU WROWNINO MAX^ CUSCMelo" OrWIJA700WAPOPMONCrTME NWIAA.UUIA46M=T18.TOWVViz"IP3NCPkI AANG=1W=9rT, 8=80 MEMOLAN. ADA CMDUNTY. ICUkHO 20" 0 4 }.ate• � i' Exhibit A CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAQG DATE OF MAY 6, 2008 0=17 lim, MITT, rl Corporate'Driue Typical Roadway Section (40P54) Ruddy To Bndge.atTmMe Qrdh Waltmn Lane Typical Roadway Section (46164) COMM10 DWO to Eat) Ffloperty'U" n�mm Waftmari One Typ al Roadway Section EastPut pe6y.LinelirSoftC r"!Ou'Inlersectih Exhibit A r Cl e: M I ® di aabnVi t aiat-1 - �• n�mm Waftmari One Typ al Roadway Section EastPut pe6y.LinelirSoftC r"!Ou'Inlersectih Exhibit A r Cl CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 5-- -cun - ---°_ �� _' I. _._"1I_"I_ - I I_ -1---I_' 11. eTWIT1_ 4. 1111 __ 1.911m,1111-1111 __ . _ Exhibit A CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY C, 2008 4''F.9tOYR.�JiT�G�-a�FS.�9l!�FkQ: L T`lk'EA LANDSCAPE E BIU F!FER (WEST FILL) sc&n W15. Exhibit A CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 _ _ e I_ ! , 1 • i 1 I_ \1 _41 1 I M I 1 , - 11_ a I_ , V I- I- ' 1_ � � o I 1 . ren • _ + Exhibit A CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEANG DATE OF MAY 6, 2008 10. Building Elevations (conceptual) Exhibit A z =P 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 ENING . t � EAST ELEVATION 0 P �7c�q 1 �JAmM SOUTHG Q\ w��INVESTORS Exhibit A MAJOR 5 NORTH ELEVATION a WEST ELEVATION Carterugurgess 08 COLOR &MATERIAL SCHEDULE PLACERVILLE MARKETPLACE I R=emB• cA CITY OF MERIDIAN PLANNIIIEPARTMENT STAFF REPORT FOR THE HEAVE DATE OF MAY 6, 2008 WEST ELEVATION MaoR a PARTIAL PLAN NORTH ELEVATION PARTIAL PLAN COLOR &.MATERIAL SCHEDULE SOUTH• 4 EAST ao e� e 1 ELEVATION MAJOR ' MAJORPLACERVILLE MARKETPLACE Q7 MAJORO. ®� PARTIAL PLAN •,�. NORTHWEST• 0 MAJOR 3 V PARTIAL PLAN PARTIAL PLAN �:.' .ate——:■.it��� ``��-�, " NORTHEAST•N SOUTHWEST ELEVATION Exhibit A SOUTHEAST ELEVATION COLOR.& MATERIAL SCHEDULE PLACERVILLE MARKETPLACE I•� Ccirter•Burges5 06 -� — CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAQG DATE OF MAY 6, 2008 NORTHWEST ELEVATION PARTIAL SOUTHEAST ELEVATION COLOR & MATERIAL SCHEDULE NORTH ELEVATION EAST ELEVATION NORTHEAST ELEVATION Exhibit A 9,; : NORTHWEST ELEVATION SOUTH ELEVATION WEST ELEVATION Fig ME SOUTHWEST ELEVATION SOUTHEAST ELEVATION CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEAQG DATE OF MAY 6, 2008 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on November 7, 2006, by Clinton W. Hansen, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 6 months of the City Council's approval of this application. See section 10, Development Agreement, above for analysis and comments regarding the Planning Department recommended Development Agreement provisions. 1.2 PRELIMINARY PLAT - CONDITIONS OF APPROVAL 1.2.1 The preliminary plat (stamped 2/11/08 by Clinton Hansen) shall be revised as follows: A 20 -foot wide street buffer landscape easement is required along both sides of Corporate Drive, classified as a collector street, per UDC Table 11-2B-3. b. A 20 -foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a collector street, east of the Waltman/Corporate intersection, per UDC Table 11-2B-3. c. A 10 -foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a local street, west of the Waltman/Corporate intersection, per UDC Table 11-2B-3. d. A 50 -foot wide street buffer landscape easement is required along 1-84, per UDC Table 1I - 2B -3. e. The 10 -foot wide multi -use pathway located along the east side of the Ten Mile Creek at the northeast corner of the site shall be placed in a public pedestrian easement via a note on the final plat. The applicant should coordinate with the irrigation district and the Parks Department for any additional easement requirements. f. A cross -access easement shall be recorded, via a recorded document and/or a note on the final plat, for all lots within the subdivision that do not have frontage on a public street. 1.2.2 The landscape plan (stamped 2/8/08 by Ross Erickson) shall be revised as follows: a. A 10 -foot wide multi -use pathway shall be constructed at the northeast corner of the site on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. When the neighboring properties to the east develop, the pathway can then be extended eastward to intersect with Meridian Road (as shown on the Master Pathways Plan). b. The Ten Mile Creek courses along the eastern boundary of this site. The comprehensive plan has identified the Ten Mile Creek as one of the waterways that should be preserved and protected within the city. Staff believes that the vegetation and trees that currently exist along the banks of the Ten Mile Creek should be protected or enhanced as part of this development. These trees and vegetation also act as a natural screen from the ITD sand lot which is located to the east of the proposed development. c. Per UDC Table 11-2B-3, a 50 -foot wide landscape street buffer is required along I-84, as Exhibit C CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HAG DATE OF MAY 6, 2008 depicted on the landscape plan and plat. This buffer should be designed in accordance with the standards listed in UDC 11-3B-7. d. Per UDC Table 11-2B-3, a 20 -foot wide landscape street buffer is required along the southern boundary of Waltman Lane (a collector street) east of the Waltman/Corporate intersection. A 20 -foot wide buffer shall also be constructed along the north side of Waltman Lane (off-site), east of the Waltman/Corporate intersection, as proposed. The portion of Waltman Lane that lies west of the Waltman/Corporate intersection is classified as a local street. As such, a 10 - foot landscape buffer is required along the northern boundary of this site on the south side of Waltman Lane, per UDC Table 11-2B-3. All buffers shall be designed in accordance with the standards listed in UDC 11-3B-7. e. The portion of Corporate Drive that extends through the site is classified as a collector street. Per UDC Table 11-213-3, a 20 -foot wide landscape buffer is required along both sides of the street, in compliance with the standards listed in UDC 11-3B-7. f. Per UDC Table 11-213-3, a 25 -foot wide landscape buffer is required between residential uses and properties zoned C -G. This buffer should be designed and constructed in accordance with UDC 11-313-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision along the west boundary and the two residential parcels located adjacent to the northwest_ corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for). g. The applicant should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-313-8 which outlines the standards for parking lot landscaping. 1.2.3 Construct minimum 5 -foot wide sidewalks on the site along Waltman Lane, Ruddy Drive and Corporate Drive, in accordance with UDC 11-3A-17. 1.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.5 Existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 1.2.6 A maximum of 5 access points to Corporate Drive a collector road shall be allowed as depicted on concept plan #1. 2 Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Waltman Ln. The applicant shall install mains to and through this subdivision. The applicant shall be responsible to install sewer service to 815, 755 and 737 W Waltman Ln in the North West portion of this project. The applicant shall coordinate main size and routing with the Public Works Department and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub - grade is less than three feet than alternate materials shall be used in conformance of City of Exhibit C' CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W Waltman Ln and W Ruddy Dr. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 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 UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit C CITY OF MERIDIAN PLANNIIREPARTMENT STAFF REPORT FOR THE HEA*G DATE OF MAY 6, 2008 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the buildings footings are at least 1 -foot above. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of -way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. Commercial Projects 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20. One hundred watt, high-pressure sodium streetlights shall 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 to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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 specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Exhibit C CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEAQG DATE OF MAY 6, 2008 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The various office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 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. 3.11 Maintain a separation of 5' from the building to the dumpster enclosure. 3.12 The Fire Dept. has concerns about the addressing of this development being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 in). 3.17 There shall be a fire hydrant within 100' of all fire department connections. Exhibit C CITY OF MERIDIAN PLANNI*EPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 3.18 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.19 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.20 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.21 Buildings or facilities having a gross building area of more than 62,000 square feet (5760,m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.22 The Fire Department supports the Corporate Drive extension across the Ten Mile Creek north of the site prior to construction on the subject property. 3.23 The fire Department supports the upgrade at the Waltman/Meridian intersection prior to construction on the site. 4. POLICE DEPARTMENT 4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. The applicant should include features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised accordingly.. 4.4 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.5 The loading areas shall be separated from all public parking areas. 4.6 The Police Department is concerned with the traffic generated on Waltman. Without a more concise site plan and traffic plan, the Police Department can not recommend approval. 4.7 The Police Department supports the upgrade of the Waltman/Meridian intersection prior to construction on the site. 4.8 The Police Department supports the Corporate Drive extension across the Ten Mile Creek north of the site prior to construction on the subject property. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 Site Specific Conditions of Approval 5.1.1 Dedicate a minimum of 35 -feet of right-of-way from center along Waltman Lane. Additional right-of-way will be required along the portion to be realigned to the south. Dedicate sufficient right-of-way to accommodate all required improvements and 2 -foot utility strips on both sides. 5.1.2 From the proposed intersection of Corporate Drive to Ten Mile Creek, reconstruct and stripe Waltman Lane as a 3 lane collector street section with three 11 -foot lanes and a 6 -foot bike lane (including gutter), vertical curb, gutter, and 7 -foot attached concrete sidewalk on the south side. Exhibit C CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEG DATE OF MAY 6, 2008 Construct a shoulder at least 3 -feet in width and an adequately sized drainage swale along the north side. 5.1.3 Replace the existing bridge (Bridge 288A) that spans Waltman Lane over Ten Mile Creek with a bridge to accommodate two travel lanes, center left turn lane, one bike lane and attached concrete sidewalk on the south side (approximately 50 -feet wide, the final width of the bridge to be determined by ACHD through design review of the structure). Design and construct the bridge in a manner to allow for widening to the north in the future. 5.1.4 Provide a development phasing plan and restrict development to prevent exceeding a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive. 5.1.5 From the proposed intersection of Corporate Drive to the site's northwest corner, reconstruct Waltman Lane as a 29 -foot street section with vertical curb, and gutter on both sides and 5 -foot attached concrete sidewalk on the south side. 5:1.6 Construct Corporate Drive as a 40 -foot street section (back -of -curb to back -of -curb) with, vertical curb, gutter, and 5 -foot attached concrete sidewalk on both sides. Connect Corporate Drive with Ruddy Drive to the west and Waltman Drive to the north, approximately 700 -feet west of the site's east property line. Construct a raised median and divided 21 -foot lanes where Corporate Drive connects with Ruddy Drive. 5.1.7 Enter into a license agreement with Ada County Highway District for maintenance of any landscaping contained within the raised median on Corporate Drive. 5.1.8 Construct three curb -cut driveways as proposed on the north side of Waltman Lane, no wider than 20 -feet each, to provide access to 480, 520, and 650 Waltman Lane. 5.1.9 Construct two curb -return driveways as proposed on the south side of Waltman Lane, no wider than 36 -feet each. 5.1.10 Construct five curb -return driveways as proposed on Corporate Drive, no wider than 36 -feet each. 5.1.11 Comply with all Standard Conditions of Approval. 5.2 Standard Conditions of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 5.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 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. 5.2.5 Comply with the District's Tree Planter Width Interim Policy. 5.2.6 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. 5.2.7 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. Exhibit C CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAMG DATE OF MAY 6, 2008 5.2.8 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. 5.2.9 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. 5.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 5.2.11 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 (1-811-342-1585) 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. 5.2.12 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. 5.2.13 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. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. Exhibit C CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 C. Legal Description Legai Description Waltman Property Annexation A parcel for annexation purposes located in the NW % of the SE % of Section 13, Township 3 North: Range 1 West; Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northeast comer of said NW Y. of the SE %., from which a brass cap monument marking the northeast comer of the SE % of said Section 13 bears S 89'25245' E a distance of 1321.27 feet: Thence S 0°46'07' W along the easterly boundary of said NW '% of the SE % a distance of 1323.25 feet to a point on the northerly righi-of-way of Interstate 84; Thence N 89"30'44' W along said northerly right-of-way a distance of 1315.45 feet to a 5/8 inch diameter iron pin on the westerly boundary of said NVIV Y4 of the SE %: Thence N 0'3035' E along said westerly boundary a distance of 1082.73 feet to a 5/8 inch diameter iron pin: Thence leaving said westerly boundary S 89°18'29' E a distance of 249.82 feet to a 518 inch diameter iron pin; Thence N 0`3315' E a distance of 242.68 feet to a point on the northerly boundary of said NW'/.of the SE%; Thence S 89"26'35' E along said northerly boundary a distance of 1071.42 feet to the POINT OF BEGINNING. This parcel contains 38.68 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC November 7, 2006 Exhibit C tifiiR10 �t_v �c�TiC Wattman Annexation Job No. 06-94 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEAQG DATE OF MAY 6, 2008 WALTMAN PROPERTY ANNEXATION 3 LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 13, N 12 T3N, R 1 W BM, ADA COUNTY, � 1/4 W FRANKLIN RD IDAHO � 2 W 2 Q I Id n�zT, O 41 ry = W. WA WAN LN. BASIS OF BEARING 1321.42' S 8976 35" E S 8975'45" £ C 1/4 250.00" 1071.42' C£ 1/16 1321.27" 1318 0 1/4 ry 242.68' N N 033'15' f m F 13 1/4 24 POINT OF BEGINNING '-249.82' S 897829' E ANNEXA 77ON AREA 38.68 ACRES 1315.45' N 8930"44- W INTERSTA TE 1-84 1309.43_ S 4718 89 '" E 0 150 300 600 Exhibit C LEGEND ® FOUND S/8' PIN 0 FOUND BRASS CAP ❑ CALCULATED POINT 'ROW MONUMENT m 85.24' _p S 893044" £ E 1/16 L L-jrjdL6J!1r1 in land Surveying and Consulting 231E STH Sf_ STE A MER OWN. U 83642 f2081789-2040 -PO (20M 2WZW Far 3 N � � � � 2 o � LEGEND ® FOUND S/8' PIN 0 FOUND BRASS CAP ❑ CALCULATED POINT 'ROW MONUMENT m 85.24' _p S 893044" £ E 1/16 L L-jrjdL6J!1r1 in land Surveying and Consulting 231E STH Sf_ STE A MER OWN. U 83642 f2081789-2040 -PO (20M 2WZW Far CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARINVATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission; the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all- of the subject property to C -G. The City Council finds that the'proposed zoning reap amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning district of C -G. If the applicant complies with the conditions outlined in the development agreement, the City Council finds that the proposed commercial district will be in compliance with the specific district regulations. The City Council finds that fixture development of this property should comply with the established regulations and purpose statement of the C -G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, the City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The C -G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial development in the vicinity. The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to C -G would be in. the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING DTMENT STAFF REPORT FOR THE HEARINVATE OF FEBRUARY 2, 2006 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Except for the Ten Mile Creek which will be preserved, the City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D October 3, 2008 PP 08-001 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT SLN Planning, Inc. ITEM NO. 6-M REQUEST Findings for Approval -- Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zone for Browning Plaza (aka Waltman Property) -- 505, 521, 615, & 675 Waltman Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: " "per vv c 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN E IDIAN* FINDINGS OF FACT, CONCLUSIONS I D A H O OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 38.68 acres from RUT and R-1 (Ada County) to C -G (General Retail and Service Commercial); and Preliminary Plat for 40 buildable lots and 2 common lots on 38.21 acres in a proposed C -G zoning district, by Waltman, LLC. Case No(s). AZ -06-063 & PP -08-001 For the City Council Bearing Dates of: April 22, May 6, June 17, and 24, and July 8, and 22, and September 2, and 23, 2008. (Findings on the October 7, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 6, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-063; PP -08-001 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an, order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Conceptual Site Plan, Development Agreement, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated November 7, 2006 by Clinton Hansen, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated (stamped 2/11/08 by Clinton Hansen) is hereby conditionally approved; and, 4. The site specific and standard conditions of approval for the preliminary plat are as shown in the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-063; PP -08-001 -2- In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request trust be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 6, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-063; PP -08-001 -3- • • B action f the Cit Council at its regular meeting held on the day of Y Y � g 2008. COUNCIL MEMBER DAVID ZAREMBA VOTEDO� COUNCIL MEMBER I �� VOTED 1 d0 p 3 ' �d"" COUNCIL MEMBER CHARLIE ROUNTREE VOTED - COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED .(TIE BREAKER) Mayor Tamm/de Weerd Attest: \,,,�,�y OF ME R/O��� Fo SEA Jaycee Ho an, City Clerk L Copy served upon Applicant, Tf%,�eent, Public Works Department and City Attorney. Dated: O City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-063; PP -08-001 -4- CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEA10G DATE OF MAY 6, 2008 STAFF REPORT Hearing Date: May 6, 2008 E IDIA TO: Mayor & City Council0 DAH N�'z-- FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Browning Plaza (aka Waltman Property) • AZ -06-063 Annexation and Zoning of 38.68 acres from RUT and R-1 (Ada County) to C -G (General Retail and Service Commercial) • PP -08-001 Preliminary Plat for 40 buildable lots and 2 common lots on 38.21 acres in a proposed C -G zoning district The Commission heard these applications on February 21, 2008. At that meeting, the Commission voted to continue the project until the March 20, 2008 meeting in order to have sufficient time to obtain comments from ACHD (the ACHD Commission heard this project on March 5`h) and to give the applicant time to review the Development Agreement provisions recommended by Staff. The applicant submitted a written response to the original DA provisions proposed by Staff. Staff has updated the DA provisions, including some of the requests by the applicant, and has met with the applicant to discuss these changes. The applicant submitted another written response to the DA provisions based on the updated provisions. On Monday the 25`h of February, City and ACHD Staff met with the applicant at ACHD to discuss the traffic issues in this area. During that meeting the current access limitations and a long-term solution for traffic in this area were discussed. (A loop frontage road was briefly discussed, but was not considered as a viable option due to the State's plan for the new westbound on-ramp onto I-84. This new on-ramp will take a substantial portion of the property due east of the subject site.) ACHD and City Staff both expressed an interest in having Corporate Drive extended to the north to connect with SW 5`h Avenue. If this connection is made, a viable secondary access to this site will be established. A solution that ACHD staff offered up to get the Corporate/Yl, connection made, but not put the entire burden on the applicant was to enter into a development agreement with the developer to establish an extraordinary impact overlay district in this area. If an extraordinary impact fee area is established, the developer of the subject property, in concert with ACHD, would build the Corporate Drive extension (and any other "necessary" roadway improvements) and then be reimbursed through extraordinary impact fees that are generated as buildings are constructed in this area. Unlike ACHD staff, however, City Staff believes that the Corporate Drive extension should occur prior to another 8,000 vehicle trips being added in this area, not after. City Staff continues to believe that the extension of Corporate Drive to the north, across the Ten Mile Lateral is a critical roadway improvement in this area that should be constructed sooner rather than later. Staff is recommending that no more than 75,000 square feet of gross building area be allowed before the Corporate/Yh connection is made. Staff recommends that the Commission decide what roadway improvements and DA provisions should be included with this development. See section 10, Analysis for details on the updated DA provisions for this project. Changes to the staff report since the February 2151 version are in bold, italics and underline. Originally, the applicant was only requesting AZ approval with a conceptual development plan. Since that time, the applicant has submitted a preliminary plat and new concept plan. This staff report is based on a revised preliminary plat and revised concept plan depicted in Exhibit A, stamped on 2/8/08 Waltman Property — Browning Plaza AZ PP PAGE I CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEA1VG DATE OF MAY 6, 2008 by Ross Erickson, not the preliminary plat and concept plan that was transmitted with the preliminary, plat application. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Waltman LLC, has applied for Annexation and Zoning (AZ) of 38.68 acres from RUT and R-1 (Ada County) to C -G (General Retail and Service Commercial). A conceptual development plan has also been submitted for this site that depicts a big box retail building, a hotel, professional offices, and a commercial retail center for a variety of commercial opportunities. Preliminary Plat (PP) approval is also requested that includes 40 buildable lots and 2 common lots on 38.21 acres of land. The subject property is located on the south side of Waltman Lane, east of The Landing Subdivision and directly north of Interstate 84, in Section 13, Township 3 North, Range 1 West, B.M. The subject property is composed of nine parcels of ground and contains various existing homes and associated outbuildings that will be removed at the time of development. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ -06-063 and PP -08-001, as presented in the staff report for the hearing date of March 20, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. . The Meridian Planning & Zoning Commission heard these items on March 15, May 3, June 7, August 2 October 4, and December 20, 2007 and February 21, and March 20, 2008. At the public hearing on March 20, 2008 they moved to recommend approval of the subiect AZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Joe Borton & Shawn Nickel, Rose Law Group (Applicant's Representative); Robert Wiener (Applicant) ii. In opposition: Cathy Floyd, Syndi Jones, Donna Aldrich, Mike Swenson iii. * Commenting: Curtis Lee, Christy Haddock, Nona Haddock, Nathan Floyd, Joe Lorcher, and Terry Farnham, Rob Haddock iv. Written testimony: Art Berry v. Staff presenting application: Sonya Watters A. Other staff commenting on application: Caleb Hood b. Key Issue(s) of Discussion by Commission: i. The necessity for Corporate Drive to be extended from the north to Waltman Lane for an additional access point to/from the site; ii. Transition in uses between the future commercial uses and the existing residences to the west and north of the site; iii. The relocation of Waltman Lane further to the south and addition of a buffer on the north side of Waltman adiacent to existing residences; iv. The threshold for how much development can occur on the site until Corporate Drive is extended from the north (5`h Street) to Waltman; and, v. For uses that are non -office on property that abuts residential uses, require conditional use permit (CUP) approval; limit hours of operation; and/or prohibit certain uses. c. Key Commission Change(s) to Staff Recommendation: i. Add a Development Agreement (DA) provision requiring CUP approval for all restaurant and retail uses proposed along the western and northern property Waltman Property — Browning Plaza AZ PP PAGE 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE VG DATE OF MAY 6, 2008 boundaries adiacent to residential uses. Further, drinking establishments and drive- thru uses shall be prohibited; ii. Add a DA provision restricting hours of operation for businesses along the western and northern property boundaries adjacent to residential uses to not exceed 10 pm• iii. Modify DA provision to allow up to 150,000 (instead of 75,000) square feet of gross building area prior to the extension of Corporate Drive from Waltman Lane across the Ten We to the north. d. Outstanding Issue(s) for City Council: i. The threshold for how much development can occur on the site before Corporate Drive is extended from Waltman Lane north, across the Ten We Creek and how that restriction is applied to the subject applicant; ii. Appropriate transition in uses between the proposed commercial uses and the existing residential uses to the west and north. M11 -1=M IMITT MY the subject AZ and 'Summary of City Coundl ' 1 - Public ° L In favor: Shaw-n-Ni&dRoger Stange, Dave Moore, Robert Wiener; Ross Erickson - - In opposition* \/_- ,- • Swenson; Kathy _ . I ! Nathan _ 1 ! Nancy - . . -1- I J- 1 1 I- J- Commenting: Gr _ I_ ' _ I I : J Christiel - 'CurtisNona . : ! ! 1 1 Lorcher; Duane Cope; -Christie Haddock; Edward Haddock; Rob Haddock- jy� Written testimony* Donna Aldridge; Duane Copt A Other staff commenting on applicatiow Mark Niemeyer; JefLLayey 1 Key Issuesof Discussion 1 1 I jhtliming-of theextension 1- Corpoxate Drive from the north 1 Waltman : 1 The use of extraordinary impact fee — . ' —EUD to pay for the off --site construction of Corporate Drive and Waltman La= --- Location J- 1- the loading docks .-. . : from the residential •.1- 11 ..J-!--• jy� Requirement of a new preliminary plat for conce L Requirement of CUP approval for any square footage greater than 100.00(L - A Continuibud architectural elements for structure dL The installation of a temporary automated gate at ituddy for use by the idents on Waltman Lane durinp—the Waltman Ln./Meridian Rd.[Main Street intersectio construction and infrastructure improvements on Waltman 3d! The timing for issuance oUnUdin"ermits in relation to the Waltman Ln./Meridian R ! /1/_: - I Street intersection improvements aJ ! the l .. _ . ents on Waltman Lane; and ix. The requirement for CUP approval of any outdoor uses along -the west and northwest propeM boundaries. Key Changes1 : _ _ 1 I I. 1 I- - _ 1 1- R ' 1 11- 1 I_ ' I- 1 : !- 1 1- L Modify DA provision #14 to make aU buildings subject to upcoming—dgsj= guidelines, as well as current jL Modify 1 :_ provision . 1 remove 1---1- the phrase, the CUP process"; --- Modify DA provision - 1 "northwest"instead 1_ "north" }- 1 ) 1, 1 I I 1 -- Waltman Property — Browning Plaza AZ PP PAGE 3 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 jy� Modify DA provision #3 to require -Waltman Lane (adjacenUa the site and-W=Aft to the end of the split corridor improvements) to be improved prior to occupancy any structure within t Modify DA provision -K -to allow building UffmRs to be issued and constlaidian traffic allowed on the site once thLs9mAnpdion related to the split corridor has commenced and the applicant has installed a gate with Med access to temporary use by the residents on Waltman Lane, or Corp-uate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane, A Strike DA provision #9. /- -►/_ di 1 :_ ! _ o _ _ oi- - � N(Al areas adiaWON IJ41 7711151151177 cent 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -06- 063 and PP -08-001, as presented in the staff report for the hearing date of May 6, 2008, with the following modifications: (Add any proposed modifications.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06- 063 and PP -08-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06-063 and PP -08-001, as presented during the hearing on May 6, 2008, for the following reasons: (State specific reasons for denial of the annexation request.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 505, 521, 615, 675 W. Waltman Lane Referenced as Ada County Tax Parcel #'s: 51213428300, S1213428050, S1213428010, S1213428020,S1213427880,.51213427890,S1213427840,S1213427860,and S1213427872 Located in the Southeast '/ of Section 13, T3N, R1 W b. Owner: Boise Waltman, LLC 27305 Mayflower Way Boise, ID 83709 c. Applicant: SLN Planning, Inc. 148 N. 2nd Street, Suite 101 Eagle, ID 83616 Waltman Property - Browning Plaza AZ PP PAGE 4 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RI and RUT (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Applicant's Statement/Justification: A C -G zoning designation is being requested with the annexation application, with the subdivision plat containing a variety of commercial lots ranging in size with the flexibility of allowing for multiple users with maximum options in design and placement of businesses. A public street connection from the residential subdivision to the east (Ruddy Street) will be extended and aligned with the future Corporate Drive to the north. In addition, Waltman Lane will be extended into the site and will intersect with the new Corporate Street alignment. (See Applicant's narrative for more information) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. Newspaper notifications published on: July 16, and 30, 2007 (AZ) and February 4, and 18, 2008 (PP) (Commission); March 31, and April 14, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: July 6, 2007 (AZ) and January 28, 2008 (PP) (Commission); March 28, 2008 (City Council) e. Applicant posted notice on site by: February 8, 2008 (Commission); April 11, 2008 (City Council 6.- LAND USE a. Existing Land Use(s): Vacant land; agricultural b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. This area is still primarily residential in nature. Some of this area has already transitioned form rural to urban such as The Landing Subdivision to the west and various commercial sites to the northeast. This area is rapidly transitioning form rural residential to urban. c. Adjacent Land Use and Zoning 1. North: Waltman Lane and Rural Residences, zoned RUT and R1 (Ada County) 2. East: Rural Residences and ITD sand lot, zoned C -G and RUT (Ada County) 3. South: Interstate 84 4. West: Single Family Homes in The Landing Subdivision, zoned R-4 d. History of Previous Actions: This property plays an essential role in providing secondary access to the residences in The Landing Subdivision and other home sites that were previously only accessible for emergency service providers by Linder Road. Working with the Meridian Fire Department, the applicant has recently provided a secondary emergency vehicle access road that connects to Ruddy Drive, which is a stub street extended to the subject property from the Landing Subdivision. This emergency vehicle access provided a much needed second point of connection Waltman Property— Browning Plaza AZ PP PAGE 5 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 to all of the properties south of Franklin Road that take access from Linder. As this area develops maintaining vehicle access to Ruddy Drive will be crucial in this area. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently a sewer trunk installed through this property. Location of water: There is currently a water main in Waltman Lane and in Ruddy Drive in The Landing Subdivision. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for as this site develops. 3. Floodplain: The Ten Mile Creek is located along the eastern boundary of this site: It appears the floodplain is isolated to the eastern side of the Ten Mile Creek which is only a small portion of the subject property. When specific development plans for this site are submitted, the floodplain implications will be examined in more detail. The applicant will have to apply for a Floodplain development permit for construction within the floodplain. 4. Canals/Ditches Irrigation: As mentioned above the Ten Mile Creek courses through the eastern portion of this site. The Ten Mile Creek is listed in the Comprehensive Plan as one of the waterways that should be protected and improved within city limits. 5. Hazards: N/A 6. Proposed Zoning: C -G 7. Size of Property: 38.68 acres (annexation area); 38.21 acres (plat) f. Landscaping: 1. Width of street buffer(s): ' A 20 -foot wide buffer is required along Waltman Lane (a collector street), east of the Waltman/Corporate intersection; a 10 -foot wide buffer is required along Waltman Lane (a local street), west of the Waltman/Corporate intersection; a 20 -foot wide buffer is required along Corporate Drive (a collector street); and a'50 -foot wide buffer is required along I-84 (an interstate and entryway corridor). All street buffer landscaping shall be installed in accordance with the standards listed in UDC 11 -3B -7C, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: Per UDC Table 11 -2B -3A, a 25 -foot wide buffer to adjoining uses in required along the west and northwest property boundaries adjacent to the existing residences. This buffer shall be installed in accordance with the standards listed in UDC 11-313-9C. 3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required upon development of the site in accordance with the standards listed in UDC 11 -3B -8C. Internal landscaping will be reviewed for compliance with UDC standards with submittal of the Certificate of Zoning Compliance and/or Conditional Use Permit application. g. Summary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows two major points of access into this development. The first of these access points is taken directly from Waltman Lane which is an existing public street that runs along the northern boundary of this property. Waltman Lane is currently operating as a partially improved street with two travel lanes, no curb, gutter or sidewalks. The second access point into this property is provided by a stub street, Ruddy Drive, Waltman Property — Browning Plaza AZ PP PAGE 6 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 which extends to the subject property from The Landing Subdivision to the west. The applicant's concept plan shows Corporate Drive extending from the north through the site and connecting to Ruddy Drive. There are also 2 driveway access points to/from Waltman Lane and 5 driveway access points to/from Corporate Drive shown on the concept plan. These access points and other access issues are discussed at length in section 10 of this report. ACHD has submitted draft conditions of approval on the proposed plat that are included in Exhibit B. Staff and ACHD are generally supportive of the proposed streets and access points proposed on the plat with the conditions contained in this report in Exhibit B. 7. COMMENTS MEETING' On February 1, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and conditions of approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines Commercial as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C -G which staff believes is consistent with the Comprehensive Plan designation for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District #2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Waltman Property — Browning Plaza AZ PP PAGE 7 CITY OF MERIDIAN PLANNA EPARTMENT STAFF REPORT FOR THE HEAG DATE OF MAY 6, 2008 • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designated for Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of commercial and retail opportunities will be provided on this site. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed development is appropriate along the adjoining transportation corridor (Interstate 84). This development project will be highly visible and help to define this area of the city. • Chapter VII, Goal IV, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. The applicant is proposing a 25 foot wide landscape buffer on the west property line adjacent to The Landing Subdivision as required by the UDC. The applicant is proposing a C -G zone for the entire site. The conceptual site plan depicts professional offices and a hotel adjacent to The Landing Subdivision. Staff is supportive of the proposed office uses as a transitional use but believes that the hotel and/or any other building over 100, 000 square feet proposed within 300 feet of a residential district or use should be required to receive Conditional Use Permit approval. See section 10 below for more information and analysis. • Chapter V, Goal I, Objective A, Action 4: Develop and maintain greenbelts along waterways. The Ten Mile Drain runs along the east boundary of this site. Per the Master Pathways Plan, a multi -use pathway is required along the east side of this waterway at the northeast corner of this site in alignment with the pathway on the north side of Waltman Lane. • Chapter V, Goal III, Objective D, Action 5: Require all commercial and industrial businesses to install and maintain landscaping. Internal parking lots landscaping and buffers will be required to be installed and maintained by each of the commercial businesses proposed within this development. • Chapter VI, Goal II, Objective A, Action 13: Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. With development of this site, Corporate Drive, currently stubbed at the Ten Mile drain north .of Waltman Lane, will be extended through the site and connect to Ruddy Drive (a stub street) in The Landing Subdivision. Although off-site, staff believes that the extension of Corporate Drive across the Ten Mile Creek to the north is also an important street connection/extension in this area (see below for more analysis). 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. Retail stores, offices uses, and service -based industries are either principally or conditionally permitted uses within the C -G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Waltman Property — Browning Plaza AZ PP PAGE 8 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 c. Dimensional standards for the C -G zoning district, per UDC Table 11-213-3: (Applicable upon development of the property) Front setback ( in feet) 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street landscape buffer (in feet Local 10 Collector 20 Arterial 25 Entryway Corridor 35 Interstate 50 Landscape buffer to residential uses (in feet)*** 25 Maximum building height (in feet) 65 Maximum building size without design standard approval as set forth in 11-3A-19 insquare feet) 200,000 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landscaping requirements See Chapter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Comprehensive Plan designation. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Please see Exhibit D for detailed analysis of the required facts and findings for the annexation & zoning and preliminary plat applications. The annexation legal description submitted with the application (prepared on November 7, 2006, by Clinton W. Hansen, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Concept Plan: The applicant submitted a concept plan for this property showing how the property may develop in the future. Due to the unknown nature of the future businesses that may develop on this property, the plan is only conceptual. After carefully reviewing the concept plan, staff has identified various issues and concepts that need to be further discussed and mitigated/conditioned for. Staff is aware that the proposed plan is only conceptual in nature, but believes there are some concepts not currently proposed that would be appropriate for this site. These additional concepts, and the ones proposed are discussed below. To begin, the concept plan proposes approximately 400,000 square feet of professional office, hotel, big box retail and smaller retail spaces that are distributed among 21 separate buildings (5 office buildings; 5 office/retail buildings, 1 big box retail building, 1 potential hotel building, and 9 smaller retail buildings). The big box retail building is planned to house a national retailer that will "anchor" the development. It is depicted on the site plan within the southeastern portion of the development. Waltman Property — Browning Plaza AZ PP PAGE 9 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF MAY 6, 2008 Staff is including a development agreement provision that requires office uses only, with the exception of a potential hotel site near the southwest corner of the site, to be constructed along the west and northwest property boundaries as a transitional use between the existing residences and the proposed commercial development. If a hotel is proposed on the site as depicted on the site plan (within XX feet oF a residential zoning uses.of Fesidential a minimum 25 -foot setback shall be required for the first story, a 100 -foot setback shall be required for the 2nd story, and a 200 -foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. Further, all structures, with the exception of a potential hotel, along the west and north property boundaries may not exceed 2 stories in height and any/all two story (or higher in the case of a hotel) structures along the west and northwest property boundaries directly adjacent to residential uses shall position second story windows in such a manner as not to have views directly into neighboring residential properties. Staff is also adding a DA .provision that a minimum of 15 buildings be required on this site and that no building greater than 100,000 square feet be located within 300 feet of a residential district or use without obtaining conditional use permit approval. A major aspect of the concept plan is the proposed street/driveway system. The applicant is proposing to construct Corporate Drive as a public collector street, south from Waltman Lane connecting to Ruddy Drive, a stub street in The Landing Subdivision at the west boundary of this site. This vehicular access will serve as a primary access for residents in the general vicinity, but should not be a major access for patrons of the development that live west of Linder Road. Corporate Drive at Waltman Lane aligns with the anticipated Corporate Drive extension to the north (currently Corporate dead -ends on the north side of the Ten Mile Creek.) Five driveway connections are proposed to/from Corporate Drive; four of which are in alignment with each other. Two driveway accesses are proposed to/from Waltman Lane east of the Corporate/Waltman intersection. No access points to Waltman are proposed west of the Corporate/Waltman intersection. Staff is including a DA provision limiting access points to Waltman Lane to those shown on the concept plan. One more element of the concept plan to note is the parking layout. As shown on the concept plan, the majority of the buildings along Corporate Drive and Waltman Lane are directly adjacent to the street buffer with parking to the sides and rear of the buildings. The majority of the parking is internal. Staff is supportive of this layout. Additionally, due to the high visibility of this site, staff believes that restricting the location of parking areas, docks/loading areas, and dumpsters is appropriate. (See Site Design and Landscaping below for more information.) Site Design: This site is in a very visible location. People in cars driving by the city on Interstate 84 will have a direct view of this commercial development. This area has the potential to become one of the city's most recognizable features. For this reason, quality design is essential. As of the print deadline f this ort staff has not =«` a Commission,ean be identified and r-e-ae ed by staff-, the and the Couned. In addition to the concept shown on the plan, the needed elevations/design elements mentioned above, staff believes the following design elements should be required with this development of this property. • In addition to the conceptual building elevations, materials and design elements presented during the public hearing, all buildings in the development should be Waltman Property — Browning Plaza AZ PP PAGE 10 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 subject to the administrative design review standards listed in the UDC pertaining to architectural character, color & materials, and parking lots. In addition, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. All buildings should contain architectural elements and landscaping features that break up any long fagade or wall, as determined by the Planning Director, that faces the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the facade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. Pedestrian walkways and connectivity should be provided on the site between the buildings and within the parking lots of this site. A pedestrian plan should be included within the master concept for this development. Pedestrian walkways and paths should be provided throughout the parking lot to allow pedestrians to walk in designated areas rather than in drive aisles. Due to the high visibility of this site, and unless otherwise approved by a future Conditional Use Permit, trash compactors and loading docks along the north, west, and south property boundaries are prohibited. Further, all trash enclosures shall be constructed of concrete or masonry materials. Except for a potential hotel and the southwest corner of the site, office uses shall be constructed along the west and northwest property lines as transitional uses to the existing residential uses. Except for a hotel, all structures along the west and north property boundaries adjacent to existing residences shall be limited in height to two stories. Structures along the west and northwest property boundaries directly adjacent to residences shall position second story (and higher in the case of a hotel) windows in such a manner as not to have views directly into neighboring residential properties. All structures proposed on the site over 100,000 square feet that are within 300 feet of a residential district or use shall obtain conditional use permit approval. A minimum of 15 buildings should be required on this site. Development of this site shall be generally consistent with the conceptual site plan submitted with this application (attached in Exhibit A), as determined by the Planning Director. Access: Access to/from this property is an issue of extreme importance for this project, especially when the size and visibility of this proposal is considered. Currently, there are only two points of access that exist into this area. The first is Waltman Lane, which is a public street running along the northern property line. Waltman Lane operates currently as a partially improved roadway with no curb, gutters or sidewalks. The other access point into this property is Ruddy Drive, which is a public residential stub street that is stubbed to this site from The Landing Subdivision to the west. There is a third vehicular connection that staff also believes is important for the viability of this area; Corporate Drive, and its extension across the Ten Mile Creek. Staff believes that each of these points of connectivity mentioned above has special considerations; these considerations are described below: Waltman Property — Browning Plaza AZ PP PAGE 11 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 Waltman Lane: Staff believes that Waltman Lane will be the major access corridor inio this site. Most people coming to or leaving this site will go through the intersection of Waltman Lane/Meridian Road/Main Street. The current configuration of this intersection has been identified by the City and ACHD as an area of great concern. The most current information from ACHD lists the redesign and reconfiguration of this intersection in the ACHD Draft Five Year Work Program, with construction to begin in 2009. The project is estimated to take seven months or more, and will be a major aspect of the "Split Corridor" as defined in the Downtown Meridian Transportation Plan and 2006 Update to the Comprehensive Plan. Staff believes that the redesign of this intersection is an essential key to the development of all of the land along Waltman Lane, including the subject property. It must be made clear that the current configuration of the intersection is only serving a small number of single family homes that are located along Waltman Lane. It goes without saying that adding 400,000 square feet (or any) of commercial space prior to the redesign and construction of the Waltman Lane/Meridian Road/Main Street intersection would have severe consequences in this area. Therefore, staff is including a provision restricting development of this property until the Waltman/Main/Meridian Road is improved. Beyond the intersection being constructed and fully operational, staff also believes that Waltman Lane should be completely improved with curb, gutters and sidewalks along its entire length (abutting this site and to Meridian Road) prior to the intensification of this area. (see summary of access issues below) Corporate Drive: As stated above, Corporate Drive currently terminates at the northern bank of the Ten Mile Creek, approximately 500 feet north of the subject site. To connect to Waltman Lane, a bridge crossing will be required over the Ten Mile Creek and the street will then need to be extended across the 8.5 acre Lorcher property (parcel #51213131365), which lies to the north of the subject site. It must be made clear that the Lorcher property is not part of this application, and lies off-site. However, Staff believes that the extension of Corporate Drive from the north to Waltman Lane is another key element of the circulation system in this area that should be resolved, before businesses are allowed to operate in this area. (see summary of access issues below) Ruddy Drive: Unlike the other two access points mentioned above that have constraints that are not directly adjacent to the subject property (they are off-site), Ruddy Drive is a stub street that abuts the western boundary of the subject site. Currently, Ruddy Drive connects to a network of local residential streets in The Landing Subdivision. All of these streets have front on housing and other characteristics of local neighborhood streets. Staff believes that Ruddy Drive should be extended to allow connectivity. This will allow emergency vehicles to maintain the much needed second access point to the south Linder Road area and it will also facilitate a more limited flow of traffic between The Landing Subdivision and this proposed development. (see summary of access issues below) Summary of Access Issues: In relation to the concerns described above, staff believes that the following measures should be taken to avoid any potential access issues in this area: No building permits should be released or construction traffic allowed on this site until the construction related to the redesign of the Waltman Lane/Meridian Road/Main Street intersection is completed OR Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. Construction traffic for the purpose of infrastructure improvements shall be allowed during the construction related to the Waltman Lane/Meridian Road/Main Street Waltman Property — Browning Plaza AZ PP PAGE 12 0, CITY OF MERIDIAN PLANNINEPARTMENT STAFF REPORT FOR THE HEA`'RIi:QG DATE OF MAY 6, 2008 intersection. If the extension of Corporate Drive is completed prior to the Waltman Lane/Meridian Road/Main Street intersection and construction begins on the site, no construction traffic should be allowed to use the Waltman Lane/Meridian Road/Main Street intersection until it is also completed. Prior to occupancy of any structure located on this site, the Waltman Lane/Meridian Road/Main Street intersection should be completed. AND Further, up to 75,000 square feet of gross building area will be allowed prior to the extension of Corporate Drive shall be e.ae,aea across the Ten Mile Creek to connecting to Waltman Lane Comer -ate Dr-ive should be extended . s the Te., Mile r..evi..�a Certificate of Zoning compliance application(s) will not be approved for any structure(s) on the site that exceeds the total allowed square footage for the site until Corporate Drive is extended. Ruddy Drive shall be extended as a public street (Corporate Drive) into this site and connect to Waltman Lane as shown on the concept plan. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. Waltman Lane: In order to provide a buffer between the three existing residential properties on the north side of Waltman Lane and the proposed commercial development, the applicant is proposing to relocate the existing Waltman Lane further to the south. To do this the applicant must vacate the existing right-of-way, and install a 25 -foot wide landscape buffer where the right-of-way use to be. Staff is supportive of this proposal. Lighting: Lighting on this site along the western and northern property boundaries should be such that it does not negatively impact adjacent residential properties. To mitigate for this, light poles should be shorter and/or bollard type lighting should be used in these areas and all lighting on the site should comply with the standards listed for outdoor lighting in UDC 11- 3A-11. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-513-1A). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 6 months of City Council approval to initiate this process. The DA shall include, at minimum, the following: 1. A phasing plan shall be submitted with phase 1 of the development. 2. The existing agricultural use (grazing of cattle) on the property will be allowed to continue after annexation into the City, until phase 1 of the development occurs. A maximum of 25 cows and 2 horses will be allowed to exist on the site at any time. Waltman Property - Browning Plaza AZ PP PAGE 13 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEAR9G DATE OF MAY 6, 2008 3. The applicant shall improve Waltman Lane adjacent to the site and off-site to the end of the split corridor improvements, per the half street sections attached in Exhibit A.6, prior to occupancy of any structure within the site. 4. All future uses shall 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. 5. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 6. The applicant shall be responsible for all costs associated with sewer and water service installation. 7. No building permits shall be issued or construction traffic allowed (except for infrastructure improvements such as sewer, water, & roads) on this site until: a. The construction related to the split corridor Waltman Lane/Meridian Road/Main Street intersection is eemplete has commenced and the applicant has installed a Rate with paved access to Ruddy for use by the Waltman residents. Such gate shall be installed prior to beginning any other construction on the site and shall be removed by the applicant prior to dedication and ACRD acceptances of the street connection to Ruddy Drive. This temporary secondary access shall be useable to Waltman residents at all times during the construction of the subiect Property. OR b. Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. 8. Development on this site shall not exceed a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive from the north bank of the Ten Mile Creek at its current stub, south to Waltman Lane. Approval shall be obtained from ACHD prior to Certificate of Zoning compliance application submittal for future structures to verify compliance with the allowed ADT. A Certificate of Zoning compliance application(s) will not be approved for any structure(s) on the site that exceeds the total allowed ADT for the site until Corporate Drive is extended. 9. if the e„tensie., of Ge-........te Drive is eempleted p r to the split ff-id.- W.,l+.V.a be allowed te use the Waltman Lane/Meridiaa ReadAUin Street ipAeFseetien until it is also eempleted. However-, nst—.,..tier tfa ffi-,. fee- the purpose of infrast«....t„«e (sewe.- ...te.- P.roads) nts shall be allowed to use Waltman Lane pr -to the , ..lege.. of•the Waltman r , e UY—i, iaa Rea&Maia Street i to .se,.ge. 10. Ruddy Drive shall be extended as a public street into this site and up to Waltman Lane, as shown on the concept plan(s). 11. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. 12. Provide a pedestrian network within the parking areas that will help to guide pedestrians through the parking areas safely. This network shall include pedestrian only pathways and sidewalks that connect the distant parking areas to the buildings. A pedestrian plan shall be included with the master concept plan for this development; submit with the first_CZC application on this site. 13. All buildings in the development shall be subject to the administrative design review standards listed in the UDC and future design guidelines pertaining to architectural character, color & materials, and parking lots. In addition to the aforementioned standards, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. Architectural design elements on the Waltman Property — Browning Plaza AZ PP PAGE 14 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEAVG DATE OF MAY 6, 2008 structures shall continue all the way around the structures, similar to the example provided by the applicant at Target included as Exhibit A.7. 14. All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application unless the Development Agreement is modified by the developer once actual users are identified. 15. All buildings shall contain architectural elements and landscaping features that break up any long facade or wall, as determined by the Planning Director, that face the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the fagade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. 16. Exec t Foy a pete,�tial het`l site :t the southwest eefe effigies shall he _ _ stpa_te l along the est ` and ei4h.. est boundaries of this site as a tr-ansitiena 1 use t the existing r-esi e..t...l ,,les- Any outdoor uses and/or activity areas Oncludin� restaurant seating) adjacent to residential uses along other- than offlee within 1004e" the west and northwest boundaries adieet to Fesidentiat-uses shall require conditional use permit approval (unless the adjacent uses are changed into non-residential uses). 1.7 G.Affl..7;t;en.,l..Use Ue.-....;t... ..,1 re.l f ...,ll ..est.,,,.ai# and retail a r-esidefA,ial uses-. 18. Prohibited uses along the western and northwestern property boundaries are as follows: drinking establishments, drive-thru establishments, fuel sale facilities, fuel sales facilities/truck stops, and vehicle washing facilities. 19. Except for a potential hotel site at the southwest corner, all structures proposed on the site over 100,000 square feet that are within 100 feet of a residential district or use shall obtain conditional use permit approval. 20. Dent :.,....:t uses appr-eved along the . e.-th and _ e,-th. est betmd.. _es e f the site ^'- — et ll ,l t have „♦deer seating afeas within 100' e f ., r-esidefAial pr-epe.4 , lin (Note from Staff Restaurant uses would require CUP approval in this area; staff feels that we can address the outdoor seating area at that time. 21. Standard hours of operation for businesses along the west and northwest property boundaries adjacent to residential uses are limited to the hours between 8 am and 4-0 11 pm (unless the adjacent uses are changed into non-residential uses) with the exception of a hotel use, which shall be allowed to operate 24 hours. 22. For concept plan #1, all structures along the west and northwest property boundaries adjacent to existing residences shall be limited in height to two stories and shall have a minimum setback of 25 feet adjacent to the existing residences (unless the adjacent uses are changed into non-residential uses), with the exception of the proposed hotel. If a hotel is built at the southwest corner of the site as depicted on the concept plan, a 25 -foot setback shall be required for the first story, a 100 -foot setback shall be required for the 2"d story, and a 200 -foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. Structures along the west and northwest property boundaries directly adjacent to residences shall position second story (and higher, in the case of a hotel) windows in such a manner as not to have views directly into neighboring residential properties. For concept plan #2, appropriate setbacks will be determined at the public hearing for the preliminary plat and conditions will be placed on the plat accordingly; No Development Agreement modification shall be necessary. Waltman Property — Browning Plaza AZ PP PAGE 15 CITY OF MERIDIAN PLANNINVEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 23. For concept plan #1, no rear loading areas, delivery areas, trash areas, or obtrusive lighting shall be permitted adjacent to existing residences on the west and northwest property boundaries. Further, all trash enclosures shall be constructed of concrete or masonry materials. 24. A minimum of 10 buildings shall be required on this site. 25. Development of this site shall be generally consistent with either one of the two conceptual site plans approved with this application, as determined by the Planning Director, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant proceeds with concept plan #2, a new preliminary plat application will be required. 26. Prior to issuance of the first occupancy, a 10 -foot wide multi -use pathway shall be constructed at the northeast corner of the site as depicted on concept plan #1 and as approved by the Parks Department, on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-313-8 and 11-313-12, and the Master Pathways Plan. 27. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. 28. Construct a 50 -foot wide landscape buffer along the interstate. This buffer shall be designed in accordance with UDC 11-313-7 and be placed along the entire southern boundary of the subject site, prior to the occupancy of the first building in this development. 29. Construct a 20 -foot wide landscape street buffer along Waltman Lane (a collector street) east of the Corporate/Waltman intersection. A 10 -foot wide buffer shall be constructed along Waltman Lane (a local street) west of the Corporate/Waltman intersection. These buffers shall be designed in accordance with the standards listed in UDC 11-313-7 and constructed prior to the occupancy of the first building in this development. 30. Construct a 25 -foot wide landscape buffer and a 6 -foot tall masonry wall between residential uses and properties zoned C -G as depicted in Exhibit A.B. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for), prior to occupancy of the adjacent building. 31. If the applicant chooses to develop consistent with concept plan #1, relocate Waltman Lane further to the south, vacate the existing right-of-way, and install a 25 -foot wide landscape buffer on the north side of Waltman (off-site) adjacent to the Haddock property, as depicted on concept plan #1 and Exhibit A.9. If the applicant chooses to develop consistent with concept plan #2, appropriate buffers shall be determined at the public hearing for the preliminary plat and the plat shall be conditioned accordingly. 32. If the applicant chooses to develop consistent with concept plan #1, construct two driveways as proposed on concept plan #1, on the south side of Waltman Lane, no wider than 36 -feet each. No driveway accesses to Waltman are approved west of the Waltman/Corporate intersection. If the applicant chooses to develop consistent with concept plan #2, appropriate driveway locations shall be determined at the public hearing for the preliminary plat. Waltman Property — Browning Plaza AZ PP PAGE 16 CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEAIRG DATE OF MAY 6, 2008 33. If the applicant chooses to develop consistent with concept plan #1, construct a maximum of 5 access points to Corporate Drive as shown on the concept plan #1, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant chooses to develop consistent with concept plan #2, appropriate access points shall be determined at the public hearing for the preliminary plat. 34. The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-313-8 which outlines the standards for parking lot landscaping. 35. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Department prior to all new construction on the subject property. 2. PP Application: The proposed preliminary plat depicts 40 buildable lots and 2 common lots on 38.21 acres of land in a proposed C -G zoning district. Please see Exhibit D for detailed analysis of the required facts and findmi gs for the preliminary plat application. Staff is in general support of the proposed plat with the following comments: Dimensional Standards: The applicant must comply with the dimensional standards for the C -G zoning district listed in UDC Table 11-2B-3 as outlined in this report. Preliminary Plat: Staff has reviewed the proposed plat and is recommending that the plat be revised as follows: • A 20 -foot wide street buffer landscape easement is required along both sides of Corporate Drive, classified as a collector street, per UDC Table 11-2B-3. • A 20 -foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a collector street, east of the Waltman/Corporate intersection, per UDC Table 11-2B-3. • A 10 -foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a local , street, west of the Waltman/Corporate intersection, per UDC Table 11-2B-3. • A 50 -foot wide street buffer landscape easement is required along I-84, per UDC Table 11-213-3. • The 10 -foot wide multi -use pathway located along the east side of the Ten Mile Creek at the northeast corner of the site shall be placed in a public pedestrian easement via a note on the final plat. The applicant should coordinate with the irrigation district and the Parks Department for any additional easement requirements. • A cross -access easement shall be recorded, via a recorded document and/or a note on the final plat, for all lots within the subdivision that do not have frontage on a public street. Landscape Plan: The applicant has submitted a landscape plan for this site, prepared by Erickson -Civil, Inc., stamped on 2/8/08 by Ross Erickson. Staff has reviewed the plan for compliance with current UDC standards and offers the following comments/requirements: Waltman Property — Browning Plaza AZ PP PAGE 17 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6; 2008 • A 10 -foot wide multi -use pathway shall be constructed at the northeast corner of the site on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11- 313-8 and 11-3B-12, and the Master Pathways Plan. When the neighboring properties to the east develop, the pathway can then be extended eastward to intersect with Meridian Road (as shown on the Master Pathways Plan). • The Ten Mile Creek courses along the eastern boundary of this site. The comprehensive plan has identified the Ten Mile Creek as one of the waterways that should be preserved and protected within the city. Staff believes that the vegetation and trees that currently exist along the banks of the Ten Mile Creek should be protected or enhanced as part of this development. These trees and vegetation also act as a natural screen from the ITD sand lot which is located to the east of the proposed development. • Per UDC Table 11-213-3, a 50 -foot wide landscape street buffer is required along I- 84, as depicted on the landscape plan and plat. This buffer should be designed in accordance with the standards listed in UDC 11-3B-7. • Per UDC Table 11-2B-3, a 20 -foot wide landscape street buffer is required along the southern boundary of Waltman Lane (a collector street) east of the Waltman/Corporate intersection. A 20 -foot wide buffer shall also be constructed along the north side of Waltman Lane (off-site), east of the Waltman/Corporate intersection, as proposed. The portion of Waltman Lane that lies west of the Waltman/Corporate intersection is classified as a .local street. As such, a 10 -foot landscape buffer is required along the northernboundary of this site on the south side of Waltman Lane, per UDC Table 11-213-3. All buffers shall be designed in accordance with the standards listed in UDC 11-313-7. • The portion of Corporate Drive that extends through the site is classified as a collector street. Per UDC Table 11-213-3, a 20 -foot wide landscape buffer is required along both sides of the street, in compliance with the standards listed in UDC 11-313- 7. • The applicant shall apply for a Floodplain development permit for construction within the floodplain. • Per UDC Table 11-213-3, a 25 -foot wide landscape buffer is required between residential uses and properties zoned C -G. This buffer should be designed and constructed in accordance with UDC 11-313-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision along the west boundary and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for). • The applicant should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Cross -Access: Some of the proposed lots do not have frontage on a public street. Cross - access shall be provided to all lots within the development via a note on the recorded final plat or a separate recorded agreement. Sidewalks: Per UDC 11-3A-17, minimum 5 -foot wide sidewalks are required along Waltman Lane and Corporate Drive/Ruddy Drive. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not Waltman Property — Browning Plaza AZ PP PAGE 18 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 available, a single -point connection to the culinary water system shall be required. If a single - point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: There is one existing shop/barn and some sheds on the site that are proposed to be removed upon development of the property. b. Staff Recommendation: Staff recommends approval of the proposed annexation application (AZ -06-063), subject to the Development Agreement provisions listed above. Staff also recommends approval of PP -08-001 for Browning Plaza Subdivision. The Meridian City Council beard these items on April_ 22 May 6, June 17 and 2 and 22, September 2. and 23, 2008, A the hearingon September 23, 2008. h� Council approved the subject AZ and PP request. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Site Plan #1 (stamped 2/8/08 by Ross Erickson) 3. Conceptual Site Plan #2 (dated May 27.20081 4. Preliminary Plat (stamped 2/11/08 by Clinton Hansen) 5. Landscape Plan (stamped 2/8/08 by Ross Erickson) 6. Typical Roadway Sections 7. Examnle of Architectural npeian Ti.lpm Pnfe 8. Cross -Section of Land -.cane Rnffer R. 6� Tall Macnnri 9. Landscape Buffer on North Side of Waltman (adjacent to the Haddock properly) 10. Building Elevations (conceptual) B. Agency Comments 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Sanitary Service Company C. Legal Description D. Required Findings from Unified Development Code Waltman Property - Browning Plaza AZ PP PAGE 19 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAVG DATE OF MAY 6, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE 20 CITY OF MERIDIAN PLANNIRDEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 2. Conceptual Site Plan #1 (stamped 2/8/08 by Ross Erickson) W Exhibit A _, r r.. Lt� U r_J\\ Al"\ ®o w ,er \ \ \ c .+ ME i j 1 qs woo Holum M �+n --..--. —- —s�. v"t CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HANG DATE OF MAY 6, 2008 3. Conceptual Site Plan #2 (dated May 27,2DM VW OPP Wall tmain An ne x Merldlark, Idaho Exhibit A Of 0 MMA � CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEA*G DATE OF MAY 6, 2008 4. Preliminary Plat (stamped 2/11/08 by Clinton Hansen) P, I'VE EAT BN 01"T fuman 1 vvauwr, =T%"1rww IN A P-cwtv= =M- 20" vo! f ER, NEW. "990999mgm: Exhibit A CITY OF MERIDIAN PLANNIODEPARTM•ENT STAFF REPORT FOR THE HAG DATE OF MAY 6, 2008 5. Landscape Plan (stamped 2/8/08 by Ross Erickson) LANDOOAPi'•I.AN POR THM THS •ROWMNO PLAZ A a"MoNeION CRHAT0O N A PORTION O THu NW /k. Su w4 UtCTION TS. T'ONMBMIP 0 NOfTTN. RANO 1 V�. OBOE MEFUCLAN� C"JWrV. IDAHO Exhibit A Wm • maCmlOxetnxnt®c.�mmA2�T u1l®Ytunda MO l�r�Yl rnNt �u � u�o NNC9N.II` v ..n wa<+e.aWes �- v i .. a •A�0�0 L-2 CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 6. Typical Roadway Sections Corporate Drive Typical Roadway Section (40154) Ruddy To Bndpa at Ten We Draffi 0) 0 rfAll VA Exhibit A walter n Lane Typical Roadway Section {46(64) GOrp fe LUU0 10 E84 Pfopomj Llfm �i WaRrman Lane Typical Roadway -Section Easl'Pfupefty Line to Soft G•jf6ftlmfifteelb, R 441 i N �i WaRrman Lane Typical Roadway -Section Easl'Pfupefty Line to Soft G•jf6ftlmfifteelb, CITY OF MERIDIAN PLANNII�DEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 Exhibit A CITY OF MERIDIAN PLANNIIODEPARTMENT STAFF REPORT FOR THE HANG DATE OF MAY 6, 2008 i 44 oxam Exhibit A TYPEA 1LANDSCAPE B'UF'FER (WE--'.:8:Ti PIL CITY OF MERIDIAN PLANNINREPARTMENT STAFF REPORT FOR THE HEA*G DATE OF MAY 6, 2008 R ROBERT MADDOCK � EDWARD MADDOCK � �-r 1 Ti +.. nog i Po J L oU II RELOCATE EXISTING ATER I' ! RETAIN 8 PROTECT ...EXISTING 18'ScWER 1- PROP. FH 27312 SO. FT. < 50, { w PROP. FH ./ Exhibit A 1? -,ti EOSVARO Y.AODOCK tiYALTAAA� (P.) i �Irig 3 ! \ i .O 1, awe! t % CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HAG DATE OF MAY 6, 2008 10. Building Elevations (conceptual) Exhibit A r BARNES&NOBLE eooasecceas F' � B Exhibit A CITY OF MERIDIAN PLANNI'NREPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 e MAJORPuma MIN PARTIAL PLAN III ry�li/! If 1-1' cif ELEVATION MAJOR,MAJOR PARTIAL PLAN PARTIAL PLAN 97 j-- — ��� �� . �1��� �� vfi" 1.1 awn.• �>, SOUTH• 7� •ELEVATION e � WEIN�INV Exhibit A WEST ELEVATION COLOR & MATERIAL SCHEDULE ����� r.....�... PLACERVILLE MARKETPLACE I tea. CA Carter:=Burgess 08 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 WEST L ELEVATION PARTIAL PLAN J NORTH ELEVATION PARTIAL PLAN COLOR & MATERLAL SCHEDULE EAST ELEVATION MAJOR 4 ® PLACERVILLE MARKETPLACE I Proce each FLii Carter -Burgess 075 n . 1 MAJOR PARTIAL PLAN NORTHWEST ELEVATION MAJOR 3 PARTIAL PLAN NORTHEAST ELEVATION MAJOR 2 SHOPS I � o PARTIAL PLAN t SOUTHWEST ELEVATION SOUTHEAST ELEVATION COLOR & MATERIAL SCHEDULE MAJORS 2 & 3 SHOPS 1 ® PLACERVILLE MARKETPLACE I &� Exhibit A ® `Carter:_Burgess 06 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEANG DATE OF MAY 6, 2008 NORTHWEST ELEVATION PARTIAL SOUTHEAST ELEVATION NORTH ELEVATION EAST ELEVATION NORTHEAST ELEVATION Exhibit A SOUTH ELEVATION �ienine�i�ue^. COLOR & MATERIAL SCHEDULE --rbc.. 14 WEST ELEVATION SOUTHEAST ELEVATION CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEAVG DATE OF MAY 6, 2008 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on November 7, 2006, by Clinton W. Hansen, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 6 months of the City Council's approval of this application. See section 10, Development Agreement, above for analysis and comments regarding the Planning Department recommended Development Agreement provisions. 1.2 PRELIMINARY PLAT - CONDITIONS OF APPROVAL 1.2.1 The preliminary plat (stamped 2/11/08 by Clinton Hansen) shall be revised as follows: a. A 20 -foot wide street buffer landscape easement is required along both sides of Corporate Drive, classified as a collector street, per UDC Table 11-2B-3. b. A 20 -foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a collector street, east of the Waltman/Corporate intersection, per UDC Table 11-2B-3. c. A 10 -foot wide street buffer landscape easement is required along the south side of Waltman Lane, classified as a local street, west of the Waltman/Corporate intersection, per UDC Table 11-2B-3. d. A 50 -foot wide street buffer landscape easement is required along I-84, per UDC Table 11- 2.-3. e. The 10 -foot wide multi -use pathway located along the east side of the Ten Mile Creek at the northeast corner of the site shall be placed in a public pedestrian easement via a note on the final plat. The applicant should coordinate with the irrigation district and the Parks Department for any additional easement requirements. f. A cross -access easement shall be recorded, via a recorded document and/or a note on the final plat, for all lots within the subdivision that do not have frontage on a public street. 1.2.2 The landscape plan (stamped 2/8/08 by Ross Erickson) shall be revised as follows: a. A 10 -foot wide multi -use pathway shall be constructed at the northeast corner of the site on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. When the neighboring properties to the east develop, the pathway can then be extended eastward to intersect with Meridian Road (as shown on the Master Pathways Plan). b. The Ten Mile Creek courses along the eastern boundary of this site. The comprehensive plan has identified the Ten Mile Creek as one of the waterways that should be preserved and protected within the city. Staff believes that the vegetation and trees that currently exist along the banks of the Ten Mile Creek should be protected or enhanced as part of this development. These trees and vegetation also act as a natural screen from the ITD sand lot which is located to the east of the proposed development. c. Per UDC Table 11-2B-3, a 50 -foot wide landscape street buffer is required along 1-84, as Exhibit C CITY OF MERIDIAN PL ANNINREPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 depicted on the landscape plan and plat. This buffer should be designed in accordance with the standards listed in UDC 11-3B-7. d. Per UDC Table 11-2B-3, a 20 -foot wide landscape street buffer is required along the southern boundary of Waltman Lane (a collector street) east of the Waltman/Corporate intersection. A 20 -foot wide buffer shall also be constructed along the north side of Waltman Lane (off-site), east of the Waltman/Corporate intersection, as proposed. The portion of Waltman Lane that lies west of the Waltman/Corporate intersection is classified as a local street. As such, a 10 - foot landscape buffer is required along the northern boundary of this site on the south side of Waltman Lane, per UDC Table 11-2B-3. All buffers shall be designed in accordance with the standards listed in UDC 11-3B-7. e. The portion of Corporate Drive that extends through the site is classified as a collector street. Per UDC Table 11-2B-3, a 20 -foot wide landscape buffer is required along both sides of the street, in compliance with the standards listed in UDC 11-3B-7. f. Per UDC Table 11-2'B-3, a 25 -foot wide landscape buffer is required between residential uses and properties zoned C -G. This buffer should be designed and constructed in accordance with UDC 11-313-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision along the west boundary and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for). g. The applicant should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-313-8 which outlines the standards for parking lot landscaping. 1.2.3 Construct minimum 5 -foot wide sidewalks on the site along Waltman Lane, Ruddy Drive and Corporate Drive, in accordance with UDC 11-3A-17. 1.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.5 Existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 1.2.6 A maximum of 5 access points to Corporate Drive, a collector road, shall be allowed, as depicted on concept plan #-1. 2 Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Waltman Ln. The applicant shall install mains to and through this subdivision. The applicant shall be responsible to install sewer service to 815, 755 and 737 W Waltman Ln in the North West portion of this project. The applicant shall coordinate main size and routing with the Public Works Department and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub - grade is less than three feet than alternate materials shall be used in conformance of City of Exhibit C CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEARIOG DATE OF MAY 6, 2008 Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W Waltman Ln and W Ruddy Dr. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" k 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 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 UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%o will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit C CITY OF MERIDIAN PLANNIIDEPARTMENT STAFF REPORT FOR THE HEA%G DATE OF MAY 6, 2008 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the buildings footings are at least 1 -foot above. 2.18 The applicants design engineer shall certify that all seepage beds out of the public -right- of -way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. Commercial Projects 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 2.20 One hundred watt, high-pressure sodium streetlights shall 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 to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" 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 specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10': f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Exhibit C CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The various office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 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. 3.11 Maintain a separation of 5' from the building to the dumpster enclosure. 3. 12 The Fire Dept. has concerns about the addressing of this development being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.17 There shall be a fire hydrant within 100' of all fire department connections. Exhibit C 0 CITY OF MERIDIAN PLANNIN�EPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 3.18 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.19 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.20 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.21 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.22 The Fire Department supports the Corporate Drive extension across the Ten Mile Creek north of the site prior to construction on the subject property. 3.23 The fire Department supports the upgrade at the Waltman/Meridian intersection prior to construction on the site. 4. POLICE DEPARTMENT 4.1 The applicant shall submit a revised landscape plan that uses walkways and landscaping to direct visitors to the main entrance and away from private areas. 4.2 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. The applicant should include features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised accordingly.. 4.4 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.5 The loading areas shall be separated from all public parking areas. 4.6 The Police Department is concerned with the traffic generated on Waltman. Without a more concise site plan and traffic plan, the Police Department can not recommend approval. 4.7 The Police Department supports the upgrade of the Waltman/Meridian intersection prior to construction on the site. 4.8 The Police Department supports the Corporate Drive extension across the Ten Mile Creek north of the site prior to construction on the subject property. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 Site Specific Conditions of Approval 5.1.1 Dedicate a minimum of 35 -feet of right-of-way from center along Waltman Lane. Additional right-of-way will be required along the portion to be realigned to the south. Dedicate sufficient right-of-way to accommodate all required improvements and 2 -foot utility strips on both sides. 5.1.2 From the proposed intersection of Corporate Drive to Ten Mile Creek, reconstruct and stripe Waltman Lane as a 3 lane collector street section with three 11 -foot lanes and a 6 -foot bike lane (including gutter), vertical curb, gutter, and 7 -foot attached concrete sidewalk on the south side. Exhibit C CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HE*G DATE OF MAY 6, 2008 Construct a shoulder at least 3 -feet in width and an adequately sized drainage swale along the north side. 5.1.3 Replace the existing bridge (Bridge 288A) that spans Waltman Lane over Ten Mile Creek with a bridge to accommodate two travel lanes, center left turn lane, one bike lane and attached concrete sidewalk on the south side (approximately 50 -feet wide, the final width of the bridge to be determined by ACHD through design review of the structure). Design and construct the bridge in a manner to allow for widening to the north in the future. 5.1.4 Provide a development phasing plan and restrict development to prevent exceeding a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive. 5.1.5 From the proposed intersection of Corporate Drive to the site's northwest corner, reconstruct Waltman Lane as a 29 -foot street section with vertical curb, and gutter on both sides and 5 -foot attached concrete sidewalk on the south side. 5.1.6 Construct Corporate Drive as a 40 -foot street section (back -of -curb to back -of -curb) with, vertical curb, gutter, and 5 -foot attached concrete sidewalk on both sides. Connect Corporate Drive with Ruddy Drive to the west and Waltman Drive to the north, approximately 700 -feet west of the site's east property line. Construct a raised median and divided 21 -foot lanes where Corporate Drive connects with Ruddy Drive. 5.1.7 Enter into a license agreement with Ada County Highway District for maintenance of any landscaping contained within the raised median on Corporate Drive. 5.1.8 Construct three curb -cut driveways as proposed on the north side of Waltman Lane, no wider than 20 -feet each, to provide access to 480, 520, and 650 Waltman Lane. 5.1.9 Construct two curb -return driveways as proposed on the south side of Waltman Lane, no wider than 36 -feet each. 5.1.10 Construct five curb -return driveways as proposed on Corporate Drive, no wider than 36 -feet each. 5.1.11 Comply with all Standard Conditions of Approval. 5.2 Standard Conditions of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 5.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 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. 5.2.5 Comply with the District's Tree Planter Width Interim Policy. 5.2.6 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. 5.2.7 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. Exhibit C CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 6, 2008 5.2.8 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. 5.2.9 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. 5.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 5.2.11 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 (1-811-342-1585) 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. 5.2.12 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. 5.2.13 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. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 C. Legal Description Li gai Description Wattman Property Annexation A parcel for annexation purposes located in the NIN % of the SE %4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northeast comer of said NW 'f. of the SE %4, from which a brass cap monument marking the northeast comer of the SE % of said Section 13 bears S 89`25`45' E a distance of 1321.27 feet: Thence S 0'46'07" W along the easterly boundary of said NW % of the SE % a distance of 1323.25 feet to a point on the northerly right-of-way of Interstate 84; Thence N 89'30'44" W along said northerly right-of-way a distance of 1315.45 feet to a 5/8 inch diameter iron pin on the westerly boundary of said NlN'/4 of the SE %; Thence N 0'30'35' E along said westerly boundary a distance of 1082.73 feet to a 5/8 inch diameter iron pin: Thence ieaving said westerly boundary S 89'18'29' E a distance of 249.82 feet to a 5/8 inch diameter iron pin; Thence N 0'33'15' E a distance of 242.68 feet to a point on the northerly boundary of said NW % of the SE 1/4!, Thence S 89'26'35' E along said northerly boundary a distance of 1071.42 feet to the POINT OF BEGINNING. This parcel contains 38.68 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC November 7. 2006 �-- �- -ttl- Exhibit C �atRIDiP.ti )EFT'G L LANE n- 11.118 z cn 11 / 0f o O F fpr y�2 �T ONW.N/ Waltman Annexation Job No. 46-94 CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 6, 2008 WALTMAN PROPERTY ANNEXATION LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 13, 72 T3N, , M, ADA COUNTY 1/a 10 W FRANKLIN RD. R 1 WBM, BECINNING W Z n o Q 249.82' 1321.42' S 8976 35' E W. WAL 7MAN LN. BASIS OF BEARING - C 1/4 S 897545 E 250.00" 1071.42' 1318 CE 1/16 1321.27" 0 / 242.68' N N 033'15" E 13 1/4 — 24 1315.45' N893044W INTERSTATE 1-84 1309.43" _ S 8947'18" E 0 150 300 600 Exhibit C ROW MONUMENT m 85.24' S 893044" E ® E 1116E 1/16 cJ f 1 �1 �1J J! Q ----land Surveying and Consulting 231 E STN Sf, SM A YH7WN. I. a3f,4Z (ZW)2862040 (2C8j286ZWfa POINT OF—/ BECINNING 249.82' S 897829' E a 0 i 3 W N OQ' ti S tij m n ANNEXA77ON AREA IC -11 5 a p N 3888 ACRES o = p O Q Z LEGEND ® FOUND 5/8' PIN 0 FOUND BRASS CAP ❑ CALCULATED POINT 13 1/4 — 24 1315.45' N893044W INTERSTATE 1-84 1309.43" _ S 8947'18" E 0 150 300 600 Exhibit C ROW MONUMENT m 85.24' S 893044" E ® E 1116E 1/16 cJ f 1 �1 �1J J! Q ----land Surveying and Consulting 231 E STN Sf, SM A YH7WN. I. a3f,4Z (ZW)2862040 (2C8j286ZWfa CITY OF MERIDIAN PLANNING APARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C -G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning district of C -G. If the applicant complies with the conditions outlined in the development agreement, the City Council finds that the proposed commercial district will be in compliance with the specific district regulations. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C -G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, the City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The C -G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial development in the vicinity. The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council finds that Annexation and Zoning of this property to C -G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Except for the Ten Mile Creek which will be preserved, the City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D • • October 3, 2008 RZ 08-003 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT DBSI Meridian 184, LLC ITEM NO. 6-N REQUEST Findings for Approval -- Request for a Rezone of 27.17 acres from I -L fo C -G zone for Kennedy Commercial Center -- 1250 West Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: �i/\ pprovc 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN (E IDIAN�-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION &ORDER In the Matter of the Request for Rezone of 27.17 Acres from I -L (Light Industrial) to C -G (General Retail and Service Commercial) for Kennedy Commercial Center, by DBSI Meridian I84, LLC. Case No(s). RZ-08-003 For the City Council Hearing Date of: September 23, 2008 (Findings on the October 2, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 23, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 23, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 23, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 23, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning reaps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-0&003 -1- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement provisions in the attached Staff Report for the hearing date of September 23, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Rezone request as evidenced by having submitted the legal description and exhibit map prepared by Steven J. Frisbie, PLS, dated 6/11/08.is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of September 23, 2008, incorporated by reference. D. Attached: Staff Report for the hearing date of September 23, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-003 -2- • By action of the City Council at its regular meeting held on the day of /('� Q 52008. COUNCIL MEMBER DAVID ZAREMBA VOTED�� COUNCIL MEMBERVOTED /,Q, COUNCIL MEMBER CHARLIE ROUNTREE VOTED�i(J� COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ,..Maygx,Tamm de Weerd Attest: pOR4 a AL Jaycee Wlman, City Clerk Copy served upon Applicant, Th�'�We 04arrtment, Public Works Department and City Attorney. B Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-003 -3- CITY OF MERIDIAN PLANNING MARTMENT STAFF REPORT FOR THE HEARING 9E OF SEPTEMBER 23, 2008 STAFF REPORT Hearing Date: September 23, 2008 TO: Mayor & City Council. FROM: Sonya Watters, Associate City PlannerIDIAN*-- "W1 (208) 884-5533 I D A H O SUBJECT: Kennedy Commercial Center • CPA -08-005 Comprehensive Plan Map Amendment to change the land use designation on 33.59 acres of land from Industrial to Commercial • RZ-08-003 Rezone of 27.17 acres from I -L (Light Industrial) to C -G (General Retail and Service Commercial), by DBSI Meridian I84, LLC 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DBSI Meridian 184, LLC, is requesting approval to amend the Comprehensive Plan Future Land Use Map (CPA) to change the land use designation on 33.59 acres of land from Industrial to Commercial. A Rezone (RZ) is also requested to change the zoning designation on a portion of the CPA area, 27.17 acres, from I -L (Light Industrial) to C -G (General Retail & Service Commercial); the remaining acreage is proposed to remain I -L. This rezone is contingent upon approval of the Future Land Use Map designation being amended to Commercial. The property is currently within the corporate boundaries of the City of Meridian. The site is located on the north side of Overland Road, on the south side of I-84, approximately 1/4 mile east of Linder Road. The applicant states in their application letter that, if approved, they intend to develop a portion of the property with a 35,000 square foot adult .education and office facility and rent it to the University of Phoenix. The current I -L zoning of the property and Industrial land use designation do not allow for education institutions. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CPA and RZ applications below. After careful review, Staff has determined that allowing a "Commercial" Map designation and C -G zoning on the subject property would be in the best interest of the City due to the location of property adjacent to the interstate and its proximity to other commercially zoned properties and the Ten Mile interchange area. Staff is recommending approval of the CPA & RZ applications per the Analysis in Section 10 and the Findings listed in Exhibit C of this staff report. Per Idaho State Code, Title 67, Chapter 65, the Commission may recommend amendments to the land use map component of the Comprehensive Plan to the governing board only once every six (6) months. The Commission should note that there are several other Comprehensive Plan Map Amendments (9 total), also scheduled be heard on August 7, 2008. Staff anticipates that additional time may be necessary to make it through all of the CPA applications. Therefore, if the Commission is inclined to make a favorable recommendation of the subject CPA application, Staff is recommending that this application be continued to the hearing date of August 14, 2008, in hopes that recommendations on all the CPA applications can occur at that one time. Kennedy Commercial Center CPA RZ PAGE 1 CITY OF MERIDIAN PLANNING SARTMENT STAFF REPORT FOR THE HEARINGOE OF SEPTEMBER 23, 2008 The Meridian Planning & Zoning Commission heard this item on August 7, and 14, 2008. At the public hearing on August 14, 2008 they moved to recommend approval of the subject CPA and RZ request. a. Summary of Commission Public Hearing: i. In favor: Richard Andrus; Russ Merrill ii. In opposition: None W. Commenting: None iv. Written testimony: Richard Andrus v. Staff presenting application: Caleb Hood; Anna Canning A. Other staff commenting on application: None b. _Key Issue(s) of Discussion by Commission: i. Concern about how 35 buildings, as proposed by the applicant, would be situated on the property; ii. The applicant's request to modify DA provision #2 per the letter submitted by Richard Andrus; and W. Discussion about limiting the maximum number of buildings on the site to 20 instead of 35 as requested by the applicant. c. Key Commission Change(s) to Staff Recommendation: i. Modify DA provision #2 to allow up to 20 buildings to be constructed on the site instead of 14 (see page 11); ii. Modify DA provision #2 to reflect the other changes requested by the applicant. d. Outstanding Issue(s) for City Council: i. The Council should determine if the Commission's recommended changes to the DA, as noted on page 11, are appropriate. ii. The Council should determine if a Commercial land use designation and GG zoning district as requested is appropriate for this property. The Meridian City Council heard these items on September 23, 2008, A the publichearing the Council approved the subject CPA and R7, request Kennedy Commercial Center CPA RZ PAGE 2 In opposifiana None i! CommenfiMo None Written testimony*_No= y=� Staff presenting application: Sonya Watters - Other ! - - commenting on ! 1 1 - - t. 1 1- ._ 1- 1- : Can b� Key Issues of Discussion b . If there areoutdoor _1 _ : :. 1 .'ated with J- I I_- _ _+ 1. Phoeni.. should constructed be on the south --side of the building unless 1 I_ thenorth _ side of the building !1: a noise 1! II_' l wall is I- 1 the interstate,, and -. The 11 is running 1 ._ 1_ .!.I-( designated _1 1.1 ' WCouncil Changes to-&aff/Commission Recomm=dRfi= Modify D: provision . 1 include a11 -t_ 1I_ ! 1- ,_ : per theapplicanf&_rtauga and City Council's request (see Stction 10 of the staff report _ Add a D.._ provision 1_ outdoor -.1 areas 1 1 with the educ:fion .: __.+ be located 11- the south siae 1_ the building ! ! from 11- L I_ Kennedy Commercial Center CPA RZ PAGE 2 CITY OF MERIDIAN PLANNING PARTMENT STAFF REPORT FOR THE HEARING BATE OF SEPTEMBER 23, 2008 3. PROPOSED MOTION Approval I move to approve File Numbers CPA -08-005 and RZ-08-003, as presented in the staff report for the hearing date of September 23, 2008. Continuance I move to continue File Numbers CPA -08-005 and RZ-08-003, to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Denial I move to deny File Numbers CPA -08-005 and RZ-08-003, as presented during the hearing on September 23, 2008, for the following reasons: (you should state specific reasons for denial.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1250 W. Overland Road (Parcel No. S1213346700) Southwest '/o of Section 13, Township 3 North, Range 1 West b. Owners: DBSI Meridian I84, LLC 1550 S. Tech Lane Meridian, Idaho 83642 c. Applicant: Same as Owner d. Representative: JoAnn Butler, Spink -Butler, LLP 251 E. Front Street, Ste. 200 Boise, Idaho 83702 e. Present Zoning: I -L (Light Industrial) f. Present Comprehensive Plan Designation: Industrial g. Applicant's Statement/Justification (reference submittal material): "The applicant proposes that a lot in the Kennedy Subdivision be developed by Metro Commercial Properties to rent to University of Phoenix as a 35,000 square foot adult education and office facility. The I -L zone under the current UDC, however, does not allow higher education facilities. As discussed with staff, the applicant's present applications reflect the circumstances in the surrounding area, and the applications would allow the University of Phoenix project to proceed while simultaneously recognizing the continuance of the existing light industrial uses on the Herman parcel." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a Comprehensive Plan Amendment as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. Kennedy Commercial Center CPA RZ PAGE 3 CITY OF MERIDIAN PLANNING DARTMENT STAFF REPORT FOR THE HEARING ME OF SEPTEMBER 23, 2008 b. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: July 21, and August 4, 2008 (Commission); September 1, and 15, 2008 (City Council) d. The Public Service Announcement was broadcast faxed on: July 11, and August 4, 2008 (Commission); September 12, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: July 14, 2008 (Commission); August 29, 2008 (City Council) f. Applicant posted notice on site by: July 19, 2008 (Commission); August 30, 2008 (City Council 6. LAND USE a. Existing Land Use(s): The 26 +/- acre parcel (Kennedy Commercial Subdivision) is currently vacant and is in the development process; the smaller 6.5 +/- acre property is developed as Western Electronics, a manufacturing company. b. Description of Character of Surrounding Area: A mix of undeveloped land and developed commercial and industrial uses. c. Adjacent Land Use and Zoning 1. North: I-84, zoned R-4 2. East: Western Electronics property, zoned I -L and Mountain View Equipment, zoned C-2 (Ada County) 3. South: Overland Road and existing rural residential properties, zonedRUT & R1 (Ada County) 4.. West: Vacant property, zoned I -L d. History of Previous Actions: • A Planned Development/Conditional Use Permit (CUP -01-009) was approved for this property in 2001, under the name of Treasure Valley Technical Center, which allowed for daycare, office, and retail uses with conditional use permit approval in the I -L zone. The conditions of this CUP run with the land and are still in effect. This CUP applied to all of the subject property, including what is now the Western Electronics/DBSI site. • The private street, S. Tech Lane, proposed to be platted as a common lot within this development (Treasure Valley Technical Center), was approved by City Council on December 5, 2000. • A Preliminary Plat (PP -07-013) was approved for the 26 +/- acre portion of the site to the north and west of Western Electronics in 2007 for 11 building lots and 2 common lots. • A Final Plat (FP -07-036) was also approved for this site in 2007 for 11 building lots and 2 common lots but has not yet been recorded. • A Conditional Use Permit Modification (MCU) was requested to CUP -01-009 in February 2008, to allow private education institutions as an allowed use in the I -L zoning district through the existing planned development. The planned development for this site currently allows office, retail, and industrial uses in the I -L zoning district. The MCU application was Kennedy Commercial Center CPA RZ PAGE 4 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARING ITATE OF SEPTEMBER 23, 2008 not accepted by the Planning Director because private education institutions are a prohibited use in the I -L district. The applicant requested City Council review of the Director's decision; the Council voted to uphold the Director's decision and requested that the applicant apply for a Comprehensive Plan Map Amendment and Rezone. (Note: The Western Electronics property consists of un platted land.) e. Existing Constraints and Opportunities: 1. Public Works City water & sewer mains have been constructed within the Meridian Freeway Associates project and will be extended as part of this proposed development. Sewer and Water flows must be determined by Public Works and operate in compliance with the Public Works standards. The existing Western Electronics facility east of the site is served by a privately owned and maintained sewage lift station that discharges to a City of Meridian sewer main in Overland Road. Bear Creek Estates Subdivision discharges to the same manhole. Because Bear Creek Estates and the Western Electronics facilities use the lift station, only the projected excess capacity in the receiving sewer is available for future development. According to analysis completed under CUPO 1-009, computer model calculations show that the Western Electronics lift station is limited to a peak flow of 80 gallons per minute. The project must continue to be served by the existing private lift station and pressure main until such time as the Black Cat Trunk is available to serve this area. The lift station may not discharge a flow greater than 80 gallons per minute at any time. A provision has been made in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Black Cat Trunk Sewer, or a lateral thereof, when it is available. "Available" shall be defined as the time when the sewer is extended through adjacent property to the western boundary of this project. This project must include relocation of the lift station to the northwest corner or installation of dry -line sewer to the northwest corner with this project. The applicant shall be responsible for the eventual connection to the Black Cat Trunk Sewer. 2. Vegetation: NA 3. Flood plain: This property is not within the floodway or floodplain. 4. Canals/Ditches Irrigation: The Kennedy Lateral runs along the west and south boundary of the site and has been tiled. 5. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: C -G 7. Proposed Comprehensive Plan Future Land Use Map Designation: Commercial 8. Size of Property: 33.59 acres in CPA; 27.17 acres in RZ Summary of Proposed Streets and/or Access (private, public, common drive, etc.): This property has frontage on E. Overland Road, I-84, and S. Tech Lane (a private street). Access is provided to both of the properties from S. Tech Lane. The Western Electronics parcel has one access point to/from E. Overland Road at the east property boundary. A driveway access to/from E. Overland Road was approved with Kennedy Commercial Subdivision at the west property boundary for shared access with the property to the west. 7. COMMENTS MEETING On July 18, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Kennedy Commercial Center CPA RZ PAGE 5 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARING41TE OF SEPTEMBER 23, 2008 Meridian Public Works Department, and Sanitary Service Company (SSC}. Staff has included all comments and recommended actions in the attached Exhibit B. However, as no new development is proposed, the meeting was for informational purposes only; only the Fire Department and SSC submitted comments. 8. COMPREHENSIVE PLAN CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: This property is currently designated "Industrial" on the Comprehensive Plan Future Land Use Map. Industrial areas allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage nits, light manufacturing, and incidental retail and office uses. The applicant is requesting a Map amendment to "Commercial" for the subject property. The requested Commercial designation is meant to provide a full range of commercial and retail uses to serve area residents and visitors. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA and RZ applications and offers the analysis and recoinmendaiions contained herein for the Commission and Council's consideration. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Commercial," page 105, Chapter VII: Purpose Statement: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The highly visible location of this property on Interstate 84 makes this property a good candidate for commercial use rather than industrial use. Additionally, the commercial use and zoning that already exists on several of the properties to the east would help provide for a contiguous string of commercial uses along this section of Overland Road. Further, the land to the west of Linder Road included in the Ten Mile Specific Area Plan on the north side of Overland Road is designated Mixed Employment & Mixed Use Commercial. (Note: Two parcels directly to the west are designated Industrial on the Map and already zoned I -L. If the subject applications are approved, these two parcels consisting of 31 +/- acres and the Western Electronics site will be the only I -L properties in the area. The downside of approving this amendment is that the City is losing more of its already limited supply of industrial property.) Chapter V, Goal III, Objective D, Action 5 (page 43) — Require all commercial and industrial businesses to install and maintain landscaping. With construction of a new building on this site, the applicant will be required to install internal landscaping within the parking lot and around the perimeter of the site adjacent to vehicular use areas. Street buffer landscaping was required with the plat for this property. Chapter VII, Goal I, Objective B (page 109) — Plan for a variety of commercial and retail opportunities within the Impact Area. Kennedy Commercial Center CPA RZ PAGE 6 CITY OF MERIDIAN PLANNING PARTMENT STAFF REPORT FOR THE HEARINGVE OF SEPTEMBER 23, 2008 Staff believes that the proposed commercial use of this property will assist in providing a variety of uses in this area of the City and will complement the existing commercial and industrial uses adjacent to the site. • Chapter VII, Goal III, Objective A, Action 1 (page 111) — Ensure that adequate public services, including transportation, for existing and future development are provided. City services are currently in W. Overland Road and are available to the subject property. Overland Road was recently widened to S lanes in front of the property and will assist in traffic flow to and from this property. • Chapter VII, Goal IV (page 112) — Encourage compatible uses to minimize conflicts and maximize use of land. Staff believes that the proposed Commercial designation and C -G zoning of this property will be compatible with the existing commercial uses east of the site and the future commercial uses to the west of Linder Road. • Chapter VII, Goal IV, Objective D, Action 5 (page 114) — Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) With approval of the plat for this property (Kennedy Commercial Subdivision), a 25 foot wide street buffer was required along E. Overland Road and a 50 foot wide street buffer was required along I-84, major transportation corridors into the city. Landscaping will be required within this buffer which will lend to the beautification of the area. Street buffer landscaping has already been installed on the Western Electronics site. • Chapter VI, Goal I, Objective B (page 84) — Ensure compatibility of schools with neighborhoods and adjacent land uses (both commercial and residential). Staff believes that the proposed use of the property for an education facility will be compatible with existing and future commercial and industrial land uses in the area. However, if this property is changed from industrial to commercial, the undeveloped properties to the west may request a similar change in the future. • Chapter IV, Goal II (page 27) — Diversify economic base of City — make Meridian more than a "bedroom" community. Staff believes that higher education provided by the proposed University of Phoenix will help diversify the economic base of the City and continue Meridian's path to become more than a bedroom community. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or near existing arterials and collector roads and require landscaping of new development to provide beautification. All future construction on the subject site will require approval of a Certificates of Zoning Kennedy Commercial Center CPA RZ PAGE 7 CITY OF MERIDIAN PLANNINSARTMENT STAFF REPORT FOR THE HEARING I3"ATE OF SEPTEMBER 23, 2008 Compliance prior to construction. Staff will ensure that future development on this site will comply with any and all applicable design and landscaping standards, as provided for through the Unified Development Code. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Staff believes that all necessary services are currently available to the subject site and will still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently proposed for commercial use, Staff finds that this element is not applicable to the subject application; housing was not envisioned for this area. d. Economic Development Merid'ian's economic base has been gradually shifting over the last 20 years from a farming -based economy to a retail, service, and manufacturing -based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. In the past, the subject parcel was identified as appropriate for industrial uses to take advantage of what was seen as a boom in manufacturing and development. However, Staff believes the increased commercial development within the immediate area and high visibility of the property has deemed this site more appropriate for retail, service, and office uses now. Staff would not be surprised if the undeveloped properties to the west also request a Map amendment and rezone in the future. e. Public Services, Facilities, and Utilities The property involved in this request has access to existing public facilities and services. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. Therefore, the subject application does not apply here. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Staff believes the proposed plan amendment will not negatively impact transportation within the City of Meridian.. East Overland Road is an existing principle arterial, designed to accommodate the increased road traffic that will be generated from retail, service, and office uses. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that future commercial development of this property will significantly pollute or degrade the natural environment. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources, or scenic areas, nor does the parcel contain any known significant natural resources. Kennedy Commercial Center CPA RZ PAGE 8 CITY OF MERIDIAN PLANNING OARTMENT STAFF REPORT FOR THE HEARINGOE OF SEPTEMBER 23, 2008 j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 15 City parks totaling approximately 180 acres. The City is in process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The policies of this element are presented in the Comprehensive Plan Land Use Map. The Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff believes the commercial development within the immediate area has deemed this site more appropriate for retail, service, and office uses, thus justifying the request the land use change to "Commercial." in. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent, review process that enable the city to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the Comprehensive Plan Land Use Map change would not unconstitutionally deprive the property owner of economically viable uses of the subject property, as the request was initiated by said owners, DBSI Meridian 184 LLC, and Herman -Treasure Valley Business Park I LLC. 9. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed. If the CPA application is approved and the Comprehensive Plan Future Land Use Map designation is amended to Commercial, the requested rezone to the C -G zoning district would comply with the map designated use of this property. a. Zoning Schedule of Use Control: UDC 11-2B-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed C -G district. The proposed education institution and office use of the property is a principal permitted use in the C- G zone. (See UDC Table 11-2B-2 for a complete list of allowed uses in the C -G zone.) b. Purpose Statement of Zone (UDC 11-2B-1): The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Allowed uses in the C -G district are of the Kennedy Commercial Center CPA RZ PAGE 9 CITY OF MERIDIAN PLANNING SARTMENT STAFF REPORT FOR THE HEARINGOE OF SEPTEMBER 23, 2008 largest scale and broadest mix of retail, office, service, and light industrial uses. Further, properties in the C -G district should be located in close proximity and/or access to the interstate or arterial intersections. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation COMPREHENSIVE PLAN AMENDMENT & REZONE The applicant is proposing to amend the current Comprehensive Plan Future Land Use Map designation for all of the subject property (33.59 acres) from "Industrial" to "Commercial." Additionally, the applicant is proposing to rezone the portion of the site platted as Kennedy Commercial Center Subdivision (27.17 acres) from I -L to C -G (the Western Electronics/DBSI portion of the site is not proposed to be rezoned). The RZ is contingent upon the CPA request being approved. See Exhibit A.1 for a boundary map of the proposed CPA & RZ. In 2001, a planned development/conditional use permit (CUP -01-009) was approved for the entire site that allowed for daycare, office, and retail uses with conditional use permit approval in the I -L zone. The conditions of this CUP run with the land and are still in effect. Approval of the subject map amendment and rezone would allow the applicant to construct a 35,000 square foot adult education and office facility on one of the lots within Kennedy Commercial Center Subdivision for rent by the University of Phoenix. Education institutions are a prohibited use in the I -L zoning district but are a principal permitted use in the proposed C -G zoning district. Approval of a reap amendment and rezone would make the zoning more consistent with the land use approved with CUP -01-009 on the Kennedy Commercial Center Subdivision property. Additionally, a map amendment to commercial would be consistent with adjacent existing commercial uses to the east. Although, the industrial use and zoning of the Western Electronics/DBSI property would remain and be inconsistent with bordering commercial uses, if/when the property redevelops, the property would be able to develop commercially and would be more compatible with adjacent commercial uses. Also, the highly visible location of this property adjacent to Interstate 84 makes it more desirable for commercial use rather than industrial use. Staff believes that the proposed CPA & RZ request complies with the purpose statement of the C -G district as stated above in Section 9. Please see Section 8 above and the Findings in Exhibit C below for Staff's analysis regarding the CPA amendment. The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6/11/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Access: The property contained in the CPA application has frontage on E. Overland Road, I- 84, and S. Tech Lane (a private street). Access is provided to both of the properties (Western Electronics/DBSI and Kennedy Commercial Center Subdivision) from S. Tech Lane. The Western Electronics/DBSI parcel also has one access point to/from E. Overland Road at the east property boundary. A driveway access to/from E. Overland Road was approved with Kennedy Commercial Subdivision at the west property boundary for shared access with the property to the west. Building Elevations: The applicant has submitted conceptual building elevations for the proposed 2 -story school building; 1 -story, 2 -story, and 3 -story office buildings; single story restaurant building; retail building with 2 -story option; and single -story bank. The building Kennedy Commercial Center CPA RZ PAGE 10 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARINGIRTE OF SEPTEMBER 23, 2008 materials depicted on all of the structures consist of brick and stucco with a variety of accent materials such as stone, CMU, timber, and metal. The proposed building elevations with construction materials are included in Exhibit A.3 of this staff report. Staff has reviewed the proposed elevations and building materials and believes they represent high quality design and materials. Staff approves of the building elevations as proposed and is including a DA provision that future buildings constructed on the site comply with these elevations and design review standards in effect at the time of development. Note: Metal shall only be used as an accent material. Conceptual Site Plan: The applicant has submitted a conceptual site plan showing how Kennedy Commercial Center Subdivision, the property proposed to be rezoned, may develop in the future. Two 3 -story office buildings consisting of 66K square feet (s.f.) each, along with a 2 -story office building consisting of 45K s.f., and a 2 -story education facility consisting of 35K s.f. for the University of Phoenix are depicted along the frontage of Interstate 84. Four office buildings consisting of 31,475 s.f., one bank building consisting of 7.5K s.f., one restaurant building consisting of 5.5K s.f., and one retail building consisting of 14K s.f. are depicted internally and adjacent to Overland Road on the site plan. The total square footage of commercial uses planned for the site is 270,475; the total number of structures planned for the site is 11. Staff approves of the proposed conceptual site plan as shown in Exhibit A.2. Landscaping: There is existing landscaping on the Western Electronics/DBSI site. Perimeter street buffer landscaping was required with the preliminary plat for Kennedy Commercial Center Subdivision. No landscaping improvements are required at this time but perimeter and internal landscaping will be required upon development of the site. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction on the site prior to issuance of building permits or establishment of any uses. Development Agreement (DA): UDC 11-5B-3132 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Staff believes that a DA is necessary in this instance to ensure that this site is developed in accordance with the proposed conceptual site plan and conceptual building elevations. If the Commission or Council feels that additional DA provisions are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall include, at minimum, the following: 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development, including design review standards. 2. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall generally comply with the conceptual site plan and include the materials found in the building elevations submitted to the Kennedy Commercial Center CPA RZ PAGE 11 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARINGRTE OF SEPTEMBER 23, 2008 City as shown in Exhibit A.2 and A.3 of this staff report, as amended herein, and with the requirements of the subject Development Agreement. The City acknowledges the ultimate owners and users of each parcel within the property will be determined by market demand, and therefore, the ultimate number and design of the buildings within the property may vary from those contained in Exhibit A.2 and A.3. Construct a minimum of 8 and a maximum of 4-4 20 buildings on this site. The maximum total square footage for all the structures located within Kennedy Commercial Center Subdivision shall be limited to 324,570 square feet (i.e. 120% of the square footage listed on the conceptual site plan). No sinVle building shall exceed 80,000 square feet without the Developer obtaining a conditional use permit. No f „+....ipA c - ^ single building shat emeeea 200 of the square f etage sw,....n e the eeneeptual site plan. Further, no building shall exceed 3 stories in height. The applicant shall be responsible for all costs associated with sewer and water service installation. 4. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 5. The applicant shall comply with all applicable previous conditions of approval for this site, including those associated with CUP -01-009, PP -07-013, and FP -07-036. To the extent a condition of approval and/or zoning determination for this site conflicts with another condition of approval and/or zoning determination for this site, the more recent condition of approval and/or zoning determination shall control. The Planning Director shall determine if a conflict exists between earlier and later provisions. 6. The uses allowed pursuant to this agreement are those uses allowed in the C -G zoning district listed in UDC Table 11-2B-2. 7. No change in the uses specified in this agreement shall be allowed without modification of this agreement. 8. Outdoor study areas associated with the education facility shall be located on the south side of the building away from the interstate. Staff believes that the applicant's request to amend the future land use designation of this property to commercial and rezone a portion of the property (Kennedy Commercial Center Subdivision) to C -G would be in the best interest of the City as it complies with the purpose statement of the commercial districts and specifically the C -G district. A commercial designation will allow the applicant to construct an education institution on the site, which will provide needed services within this area of the City. Staff believes that the location of the property is optimal for commercial, not industrial uses and as such, will provide a more attractive building facade adjacent to a major transportation corridor into the City than industrial buildings likely would. Further, the proposed commercial designation and C -G zoning of a portion of the property should be compatible with the commercially zoned properties east of the site. Staff is in support of the requested CPA & RZ applications based on the Findings listed in Exhibit C of this staff report and the Analysis in Sections 8 and 10. Please see Exhibit C for detailed analysis of facts and findings for a CPA and RZ. b. Staff's Recommendation: Staff is in support of the CPA and RZ applications as proposed by the Kennedy Commercial Center CPA RZ PAGE 12 CITY OF MERIDIAN PLANNINGWRTMENT STAFF REPORT FOR THE HEARINGINTE OF SEPTEMBER 23, 2008 applicant. Staff is recommending approval of the applicant's request to amend the Comprehensive Plan Future Land Use Map to a Commercial land use designation and Rezone a 27.17 acre portion of the subject property to C -G as presented in the staff report for the hearing date of August 7, 2008. This recommendation is based on the Analysis in Section 10 and the Findings of Fact as listed in Exhibit C of this staff report. The Meridian Planning & Zoning Commission heard this item on August 7, and 14, 2008. At the public hearing on August 14, 2008 they moved to recommend approval of the subject CPA and RZ request. The Meridian City Council heard these items on September 23, 2008. At the n hearing the Council approved the subject CPA and R7, request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan 3. Conceptual Building Elevations 4. Legal Description & Exhibit Map for Property proposed to be Rezoned C -G 5. Comprehensive Plan Future Land Use Map a. Future Land Use Map Depicting Current Designation of Industrial b. Future Land Use Map Depicting Proposed Change to Commercial (recommended by Staff) B. Other Agency and Department Comments C. Required Findings from the Unified Development Code Kennedy Commercial Center CPA RZ PAGE 13 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARIATE OF SEPTEMBER 23, 2008 A. Drawings 1. Vicinity Map Exhibit A- 1 CITY OF MERIDIAN PLANNING SARTMENT STAFF REPORT FOR THE HEARINGOE OF SEPTEMBER 23, 2008 2. Conceptual Site Plan ff-,*UA-RQ, RUILDINCI AR �jp LAND TO!UILDIN(I imm% 1.11 1 PARWRNIGAWLIIR�IMS, )IiIj "I", Jn „ (5=1 151 pwllup I n . 1 141 h 44 J Meta L 11 i�-!Ilv I -DrDi 'lylSPwJ Exhibit A- 2 (NTERSUff 84 E)0C)d(,)(DC)CD AD - 0 O 0 CITY OF MERIDIAN PLANNING SARTMENT STAFF REPORT FOR THE HEARING OE OF SEPTEMBER 23, 2008 3. Conceptual Building Elevations BUILDING; �3 RANK U UIIAIV I M.AWMAL pRIG:. STUCCO sloNE. FIAITED t4 1:4L1:AN11PV BUI MING r<4 & 5 SINGLE Sl tllly (wr1rE II UILVINLi MAI'PRIAI. LLItLi.K SfI I ti MINE "IV.TA1.flf: QftF FASCIA bCEP IIVER HANGING ROW PLA. -41! 1 _ — Exhibit A- 3 -4 f1d Cd Ci BUILDING #I IUDAURAN'I' WILDING NA mRIA1. D9�I:N �+ SUM. fI"IDUR ACCEN'I5 t 13UI_LDING #2 P,crml.nuwuiNc FLM -D METAL CLADbINu � J � 19 �'�= WI, ITI I STDRY OPTION PiIi2D1RY1MATURIAL. _-. MILK'S SSuC.t:u cMu KI, IA L RtNil' BUILDING; �3 RANK U UIIAIV I M.AWMAL pRIG:. STUCCO sloNE. FIAITED t4 1:4L1:AN11PV BUI MING r<4 & 5 SINGLE Sl tllly (wr1rE II UILVINLi MAI'PRIAI. LLItLi.K SfI I ti MINE "IV.TA1.flf: QftF FASCIA bCEP IIVER HANGING ROW PLA. -41! 1 _ — Exhibit A- 3 -4 f1d Cd Ci CITY OF MERIDIAN PLANNINAARTMENT STAFF REPORT FOR THE HEARINGSTE OF SEPTEMBER 23, 2008 E3UlLDITIG N(i ,. 7 siw 1 s +puny OfFICll I11/II.UE4a hRAWAIA , ONI( A ti fl)(.LO S'IL1tiR PAIS6U C1:17tY' AIFrAE. PASCIAATROOI?YLAKwS 30, 22. =011 7 ui� i d BUILDING 98 & y lsros}'urrlls ni il;ana _ _ 1. _ I� a 8 IlUll b11.C1 blAlTRIM. - RRICK eaysrncrn VUR'J'.LUwAi.l Da,Kp CUR'I'MN WALL x fa l BUILDING #10 _ z 91URV Sulloal. Ruaacvc IU142" R1T1' CIF PI1GCIti\ .r aVll.aiNG MAT6fUAL aR1C1: STUCCO Erj !31111 DING #I I 28ULUINC FFR:E R41G011tp .4.]4 '�� f - MA'fF.RLAt� STLCCQ 1 NR141. 1.� -1 I �. SUNSMUN Li P11LPA1,6 Al1CCLAUUINO 7 �i l:fAL RODi 4Y I _ eo -- MS3d Exhibit A- 4 CITY OF MERIDIAN PLANNINOOARTMENT STAFF REPORT FOR THE HEARINWE OF SEPTEMBER 23, 2008 4. Legal Description & Exhibit Map for Property proposed to be Rezoned C -G TOOTHMAN-ORTON ENGINEERING COMPANY_ CO.NSULMNG ENONEERS, SURVEYORS ANO ?LVgNER9 9777'CHINMN BOULEVARD 861SE,'IUAHO 63714-2006 208.323.2288 - FAX 208-323.2399 boiwQoeng=.com Project No: 07,041 Date: June 11, 2008 Page: 1 of 1 EXHIBIT "A" Land Description — For Re. Zoning Purposes of .Proposed Kennedy Commercial Center Subdivision A parcel of l3nd:Iocated in the SE 1/4 -of the SW 1/4 of sectio n 13, Township 3 -North, Range l West, Boise Meridian, Ada County, Idaho, moFe particularly described as follows: COAIMNCIING at a found 518" rebar marking the South 1/4 comer of said .Section 13. from which a found 1/2" rebar marking the comer common. to Sections. 13, 14, 23 and 24 bears 14.850072"W, 2655.62 feet; thence; along the southerly lire of said Section 13 (centerline. of W. Overland: Road), A.)N,89°oT22"W.,'577.77 feet to the POINT OF BEGINNING; thence, continuing J) N.89°07'22"Wi, 730.07 feet to the southwest comer the SE 1/4 ofthe SW 114 of said Section 13; thence, along the westerly line of said SE 1/4 of the SW V., 2) N.00°3d'50''E.,1123.83 feet.to a found 5/8" rebar on thesoutherly.right-ofway line of Interstate Nigirway 1-84; thence, along,said southerly right-of-wvy line; 3) S:899479"E,,1327.3:1 feet to a found 5/8" rebar on the easterly.tine of said SE 1/4 of the SW 1/4; thence, along said easterly line, 4) 9.00°30'29"W., 585.98 feet to a found 5/8" rebar; thence, 5) N.89640'57"W„ 578.55 feet to a found 518" re.bar, thence, 6) S.0092512"'W., 542,66 feet to the POII'NT Or, BUG. _iitil I G. CONYAINiNG: 27.17 acres, more or less. SUBJECT,TO: All Covenants, Rights, Rights -of -Way, Easements of Record and any Encumbrances. ti REVIE .`APP.. YAL BY "� JUN i3 FI:t07041%A'(?fi!tMUrtVEYI "-K:e mcdl<tSdV&isia1:ReZmdx Exhibit A- 5 BOISE - COEUR d'ALENE - CALDVVFL.L CITY OF MERIDIAN PLANNING *ARTMENT STAFF REPORT FOR THE HEARING OE OF SEPTEMBER 23, 2008 • -* .A. PARCEL 7-*a:9i'/' 0► OF LAND- LOCATED IN THE SEI/4 OF THE SWI/4 OP SECTION TOWNSHIP 3 NORTH, RANGE 1 WEST. BOISE MERIDIAN, CI'T'Y OF MERIDLAN, ADA COUNTY, IDAHO 2008 INTERSTATE 1184 (200' PUBLIC R/W) _ S89`34'29E 1327;37' 0 fia 0 (N *21.17 ACRES m N89'40,' 7-W-57 8.66 ro m c.V} N CA UNPLATTED 1A, POINT OF BErINNING b bD:O ' — ` Y` 577,17' 13 . N89'07'22'W 2655.62' li WEST OVERLAND ROAD Sl/4. 2.}. A G3 '0*0 (.'k SEC. CORNER. i9, 0 150 300 600 900 Lfs'GEND SEOT/ON LINE 80UNDIVY LINE (1E-ZoNe). LROoV PIN a FOUND 7/Z' IRON PIN d CALCULATED POINT F TOOTHMAN—ORTON ENGINEERING CO. REVIE APA VAL &a EMEINEERS SURVEYORS PLANNERS BY 9777 CHINDEN BOULEVARD BOfSE,IDAHD e3714-2006 PHONE; 208-323-2288 • FAX: 208=323-2399 a-nIr•IL:V 07041-eth-ezaAen+IL,6/12100 eca0700 Exhibit A- 6 CITY OF MERIDIAN PLANNINCOARTMENT STAFF REPORT FOR THE HEARINWE OF SEPTEMBER 23, 2008 5. Comprehensive Plan Future Land Use Map a. Future Land Use Map Depicting Current Designation of Industrial Exhibit A- 7 CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR THE HEARINGOE OF SEPTEMBER 23, 2008 b. Future Land Use Map Depicting Proposed Change to Commercial (recommended by Stafj) • /iiiQi y •Bilk Loa ems• = ♦ c r�I *rli �' ♦ �I .�x� �� Ir rrtlArr. .. c ...zn�..� f.� • Q . a �- wOWN nuai �,�--/s� ;(..u�.:..., :may ;♦.:� I.. MGM lb r ■i■rii■■■rir111� �j ♦jr ir,1c _ ■■rrlr�rea!iir��•• ♦� r K. 2� r h� i • 1- warn r tri �i tort!. n Nr�ji� �4jrQln y N �� r _� a i •i► .�M r,�I/r1111�r4�_ ri�rei tri. c • t_ � • mill ��rr � + qHrr�l fir!* ;• • � � �AN1rirU i�+��:i '��� � i +�♦♦�/ � +• `sem. is � �+ ■ X1414; �� A WSIR u.r _ LI: P = . J R-8 Com' tA D City of Meridian makes no representation or warranties, MAEST111 expressed or implied as to the accuracy, completeness, timeliness or rights to use this information. City of Meridian shall not be liable for inaccuracies or misuse. ®� This map is made from data copyrighted by Ada County. C G Ada County shall not be liable for inaccuracies or misuse of this map. Maps bearing this disclaimer may be photocopied freely. However, use in any digital form requires the written R T permission of Ada County.4 18 N 0 470 940 1,880 2,820 3,760 Feet 1 inch equals 1,179.315476 feet Date: Exhibit A- 8 CITY OF MERIDIAN PLANNING SARTMENT STAFF REPORT FOR THE HEARINGOE OF SEPTEMBER 23, 2008 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6/11/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the provisions noted in Section 10, Development Agreement, of the staff report. 2. PUBLIC WORKS DEPARTMENT 2.1 All conditions of approval from the August 2, 2007 Kennedy Commercial PP -07-013 will apply with this application. 2. FIRE DEPARTMENT 2.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets. g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 2.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 2.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 2.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 2.6 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.7 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. Exhibit B- 1 CITY OF MERIDIAN PLANNING OARTMENT STAFF REPORT FOR THE HEARING OE OF SEPTEMBER 23,20 . 08 These measurements shall be based on the face of curb dimension. Special approval required over 750' 1FC Table D103.4_ The roadway shall be able to accommodate an imposed load of 75,000 GVW. 2.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 2.9 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 2.10 Maintain a separation of 5' from the building to the dumpster enclosure. 2.11 There shall be a fire hydrant. within 100' of all fire department connections. 2.12 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 2.13 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3. SANITARY SERVICE COMPANY 3.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 4. ADA COUNTY HIGHWAY DISTRICT On May 2, 2001, the Ada County Highway District Commissioners acted on MCUP01-009 for Treasure Valley Technical Center. On July 31, 2007, the Ada County Highway District acted on MPP -07-013 for Kennedy Commercial Center Subdivision. The conditions and requirements for the two applications listed above also apply to MCPA-08-005. There are no additional requirements at this time due to the fact that all street improvements exist. MCUP01-009 references the two existing access points on Overland Road for the Western Electronics Building. Other than the existing driveway, Tech Lane, and the approved driveway in Kennedy Commercial Center no additional access will be allowed to Overland Road. Attached for reference is the recent staff report for Kennedy Commercial Center Subdivision. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Department to insure compliance with the conditions Identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District • A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. Exhibit B- 2 CITY OF MERIDIAN PLANNINOOARTMENT STAFF REPORT FOR THE HEARINATE OF SEPTEMBER 23, 2008 C. Required Findings from the Unified Development Code 1. Comprehensive Plan Amendment Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed change to the Future Land Use Map does not' directly conflict with other elements of the Comprehensive Plan. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map will increase the ability for innovative design in this highly visible area of the City. The City Council believes that allowing for commercial offices, retail businesses, and a university to locate in this area will improve the public services available in this sector of the City. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section 8 for detailed analysis). The City Council recognizes the existence of other commercially and industrially zoned properties in close proximity to this property and believes that the proposed commercial use of the property will complement the existing uses in this area. d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. Further, the concurrent rezone request of a portion (27.17 acres) of the property from I -L to C -G will comply with the proposed commercial designation for the property. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds that the proposed map amendment will be compatible with existing and planned commercial uses to the east of the subject property. E The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this area. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds that the proposed map amendment to commercial will allow for a mix of uses (education institution, offices, retail, restaurant, bank, etc.) on the site that should be compatible with the existing and future commercial uses in the area. Additionally, The City Council finds that the distance between the south property boundary of the site and the residences on the south side of Overland Road should be sufficient to mitigate the impact of the commercial development. Exhibit C- 1 CITY OF MERIDIAN PLANNING OARTMENT STAFF REPORT FOR THE HEARINGOE OF SEPTEMBER 23, 2008 h. The proposed amendment is in the best interest of the City of Meridian. The City Council finds that the proposed amendment is in the best interest of the City. 2. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone 27.17 acres to C -G. The City Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan if the CPA request is approved to a Commercial designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed professional offices, retail businesses, bank, restaurant, and university would be permitted uses within the requested C -G zone and would assist in providing service needs of the community. As mentioned previously, the applicant has submitted a conceptual development plan and conceptual building elevations for this site. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C -G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. The City Council finds that the rezone of the subject property from I -L to C -G is in the best interest of the City. Exhibit C- 2 October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-0 REQUEST Resolution — Appointment to Valley Regional Transportation Authority AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: Appro\i(c.,06 _ u w 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. - & r? C) BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD MEMBERS AND ALTERNATES TO THE VALLEY REGIONAL TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. _ WHEREAS, the City of Meridian by the passage of Resolution No. 04-446 on October 19, 2004 designated representatives to serve as primary and alternates for the Valley Regional Transportation Authority; and WHEREAS, due to changes of members of the City Council and staff warranted the need to change the designated primary and alternate representatives; and WHEREAS, Idaho Code 40-2106(3) states board members shall be appointed by resolution of the appointment agency; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Idaho Code 40-2106, that the following persons be appointed to the Valley Regional Transportation Authority Board: Councilmember Charles M. Rountree as a primary representative Councilmember David Zaremba as a primary representative Planning Manager C. Caleb Hood as an alternative representative Associate City Planner Matthew Ellsworth as an alternative representative Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2008. (' APPROVED by the Mayor of the City of Meridian, Idaho, this !� d of � C4&-� , 2008. Y ATTEST: APPROVED: Orr MER! WrorTan&6 de Weerd B = SEAL Y. �"' (SEAL) Jaycee L. Holman, City Clerk y� If P RESOLUTION FOR VALLEY REGIONAL TRA$j'C��Ni'1 HORITY - 1 of 1 "'fillrr L • October 3, 2008 CPA 08-004 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Hawkins Companies ITEM NO. 6-P REQUEST Resolution — Request for CPA to modify the future land use map by changing the land use designation of approx. 40.5 acres from Medium Density Residential to mixed use regional for Meridian and Amity — Northwest comer of W. Amity Rd. & S. Meridian Rd. 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: Date: Emailed: gran innais: Materials presented at public meetings shall become property of the City of Meridian. Phone: • ADA COUNTY RECORDER J.AftD NAVARRO AMOUNT .00 i BOISE IDAHO 10/17/08 09:3 3 DEPUTY Gail Garrett RECORDED—REQUEST OF Meridain City 105115085 CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 02 BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE MERIDIAN AND AMITY AREA LOCATED AT THE NORTHWEST CORNER OF WEST AMITY ROAD AND SOUTH MERIDIAN ROAD, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for Meridian & Amity Area located at the northwest corner of West Amity Road and South Meridian Road, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MERIDIAN & AMITY AREA — CPA 08-001— Page 1 of 2 • 0 ADOPTED by the City Council of the City of Meridian, Idaho, this I day of G , 2008. Tv APPROVED by the Mayor of the City of Meridian, Idaho, this I day of OrAlwek,2008. APPROVED: Mayor Ta de Weerd ATTEST: `��'`y OF AAER/�/-9,`�',: B y: - SEAL - Jayce . Holman, City Clerk b—qgT ts� P�J\$�. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MERIDIAN & AMITY AREA — CPA 08-001— Page 2 of 2 a a r _ I i�L.nntd Lateral Rid'analXN -1 KZ M �l i a City of Meridian Future Land Use Map ' l Future an d uses FUTURE LAND USES 1 I / -j Commercial Industrial Office W. �= T — High Density Residential i _ ; -— --- , Medium Density Residential Low Density Residential L Old Town Mixed Use - Interchange �. Mixed Use - Regional a Mixed Use - Community Mixed Use - Neighborhood Farr eral A1tl�F�L�1 v IM 1®1�1�1 x Mixed Use - Waste Water Treatment Plant- - Public/Quasi-Public Ci�E IDIAN* :. IOAMO i � I �. Prepared by the Meridian Planning Department Print Date: September 29th 2008 I a. • October 3, 2008 E CPA 08-009 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Greg Johnson ITEM NO. 6-Q REQUEST Resolution — Request for CPA to modify future land use map by changing the designation of approx. 9 acres from medium density residential to high density residential for BlIskay — south side of Harris Street, west of South Meridian Road and north of West Amity -Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached PTPpr6-ver— ()6—u -L?-- Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ;' ADA COUNTY RECORDERID NAVARRO AMOUNT .00 3 BOISE IDAHO 10/17/06 09: M DEPUTY Gail Garrett RECORDED—REQUEST OF ��� LIIIII�������'���IIIIIIIIIIIIIIIII Meridain City 108115087 CITY OF MERIDIAN RESOLUTION NO. OP - 40&_1a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP. OF THE 2002 COMPREHENSIVE PLAN FOR THE' BISKAY AREA LOCATED ON THE SOUTH SIDE OF HARRIS STREET, WEST OF SOUTH MERIDIAN ROAD (SH69). AND NORTH OF WEST AMITY ROAD TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Biskay area located on the south side of Harris Street, west of South Meridian Road (SH69) and north of West Amity Road to expand future land use designations; and WHEREAS, the. -Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — BISKAY — CPA 08-009— Page 1 of 2 0 • i ADOPTED by the City Council of the City of Meridian, Idaho, this day of 04&PL , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this day of © 008. APPROVED: Mayor Tam de Weerd ATTEST: OF a By. Jaycee L. HolrbAn, City Clerk ',''app UST �s� • P.Z(J`,' On • �O COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — BISKAY — CPA 08-009— Page 2 of 2 October 3, 2008 CPA 08-005 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT DBS1 meridian 184, LLC ITEM NO. 6-R REQUEST Resolution — Request to amend the Comp Plan future land use map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics — 1250 W. Overland 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER J. DONAVARRO AMOUNT .00 3 BOISE IDAHO 10/17108 09:38 Alr DEPUTY Gail Garrett RECORDED—REQUEST OF 108.1-1-5086 Meridain City CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE KENNEDY COMMERCIAL CENTER/WESTERN ELECTRONICS AT 1250 W. OVERLAND ROAD, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Kennedy Commercial Center/Western Electronics located at 1250 W. Overland, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION- 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — KENNEDY COMMERCIAL CENTER/ WESTERN ELECTRONICS.— CPA 08-005— Page I of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this day of ()(4Zjgj,2008. T" v APPROVED by the Mayor of the City of Meridian, Idaho, this day of [IhRL2008. APPROVED: Mayor Tammy/e Weerd `11111111111 I1 ��i ATTEST: ��.�y Of MERj��� By: _ BEAL Jaycee L6holman, City Clerk 'gyp T is, P• /fitUN 1..11111 COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP — KENNEDY COMMERCIAL CENTER/ WESTERN ELECTRONICS — CPA 08-005— Page 2 of 2 October 3, 2008 CPA 08-001 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Janicek Properties, LLC ITEM NO. 6-S REQUEST Resolution — Request to amend the Comp Plan future land use map to change the land use designation of 15.46 acres of land from medium density residential to mixed use communit% for Janicek Ten Mile / Chinden Property — SWC of North Ten Mile Road & West Chinden Blvd 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 043 - U 2A Ny-y� Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: ADA COUNTY RECORDER J. DAVI&RRO AMOUNT .00 3 BOISE IDAHO 10/17/08 09:36 AM DEPUTY Gail Garrett RECORDED -?A -QUEST OF Meridain City 108115084 RESOLUTION NO. " &R4 BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE JANICEK TEN MILE/CHINDEN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NORTH TEN MILE ROAD AND WEST CHINDEN BOULEVARD, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Janicek Ten Mile/Chinden Property located at the Southwest Corner of North Ten Mile Road and West Chinden Boulevard, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP JANICEK TEN MILE/CHINDEN PROPERTY — CPA 08-001— Page 1 of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this day of t2QL%k&4n, , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this day of ()44k,,L 2008. APPROVED: 011 00 Mayor Tammyde Weerd ATTEST: �y of MEl�jO� , o ti F By: Jaycee LOHolman, City Clerk= SEAL 5-1 plo T 't • �''�. MINTY • �.�`�� COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP JANICEK TEN MILE/CHINDEN PROPERTY — CPA 08-001— Page 2 of 2 October 3, 2008 CPA 08-007 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT JR, LLC ITEM NO. 6-T REQUEST Resolution - Request for CPA to modify the future land use map by changing the land use designation from medium density residential to mixed use community for approximately 10 acres for Zamaows Chinden - south side of Chinden Blvd east of Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: % _ B ,� 2-S CITY SEWER DEPT: l/V �1� 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER J. D NAVARRO AMOUNT .00 3 BOISE IDAHO 10/11/08 09:36 AM DEPUTY Gail Garreff RECORDED— REQUEST OF Maridain City 108115083 CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 0 k - 00?5'-' BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR, THE ZAMZOWS CHINDEN PROPERTY LOCATED ON THE SOUTH SIDE OF CHINDEN BOULEVARD, APPROXIMATELY 1/4 MILE EAST OF MERIDIAN ROAD, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Zamzows Chinden Property located on the south side of Chinden Boulevard, approximately 1/4 east of Meridian Road, Meridian, Idaho to expand future land use designations;, and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on rile in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP ZAMZOWS CHINDEN PROPERTY - CPA 08-001— Page 1 of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this 7 day of 2008. APPROVED b the Mayor of the Cit of Meridian Idaho this l da of ,,qq�� Y Y Y Y 04A , 2008. APPROVED: Mayor Tammy e Weerd OfATTEST: , ��•\C�.�� ��i�'���''% TFo By: - 9 L Jaycee L. lman, City Clerk Ir JS'l COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP ZAMZOWS CHINDEN PROPERTY — CPA 08-001— Page 2 of 2 0 DYE11 C _7 A P �P, --� j 4 4 J -A C 41 4 j is 1 ' j IL L 5,4 Vly 7 r --o __j 71 —771 Ir City of Meridian Future Land Use Map Future an Uses FUTURE LAND USES commercial Industrial Office High Density Residential Medium Density Residential OLow Density Residential Old Town Mixed Use - Interchange Mixed Use - Regional OMixed Use - Community Mixed Use - Neighborhood Mixed Use - Waste Water Treatment Plant PubliciQuasi-Public CVEIR,IDIAN�— IDAHO Prepared by the Meridian Planning Department Print Date: July 30th 2008 G r 4 2' Opp 71 C October 3, 2008 CPA 08-006 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Richard Kartchner ITEM NO. 6-U REQUEST Resolution — Request to amend the Comp Plan future land use map to change the future land use designation of 11 acres from mixed use - WWTP to office & low density residential for Kartchner — 4325 and 4315 North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN . BY THE CITY COUNCIL: ADA COUNTY RECORDERVID NAVARRO AMOUNT .00 3 I BOISE IDAHO 10/11/08 09W.M DEPUTY Gail Garrett 5 RECORDED—REQUEST OF Meridain City 108-1-1.5082 RESOLUTION NO. 0 ✓ (o �(A BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE KARTCHNER PROPERTY LOCATED AT 4325 AND 4315 NORTH TEN MILE ROAD, MERIDIAN ROAD, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Kartchner Property located at 4325 and 4315 North Ten Mile Road, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the, required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP KARTCHNER PROPERTY — CPA U8-001— Page 1 of 2 0 0 ADOPTED by the City Council of the City of Meridian, Idaho, thisrl qday of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this dday of C)C56w, , 2008. APPROVED: Mayor Tammy e Weerd ATTEST: .�`��ofrrMER`4� C By. -B EAL aycee L olman, City Clerk _ � COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP KARTCHNER PROPERTY - CPA 08-001— Page 2 of 2 0 October 3, 2008 VAC 08-003 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Jacksons Food Stores, Inc. ITEM NO. 6-V REQUEST Resolution _ Request to Vacate Note #6 which prohibits direct lot access to Eagle Road and Pine Avenue, on the recorded plat for Porky Park Subdivision No. 1 for Jacksons Food Store #105 — 3291 East Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J ID MARRO AMOUNT .00 2 BOISE IDAHO 10/31/08 08:4 I I'IIIIII III RDEPUTY ECORDED C Allen OF ILi I I,II II II I I I ILI ILII II I II I Meitidian City 108119850 CITY OF MERIDIAN RESOLUTION NO. Z�- BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING PLAT NOTE #6 ON THE PORKY PARK SUBDIVISION NO. 1 FINAL PLAT, WHICH PROHIBITS DIRECT LOT ACCESS TO THE SITE FROM SH 55/NORTH EAGLE ROAD, LOCATED AT 3291 E. PINE STREET IN THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 2, 2008 the City Council of Meridian, held a hearing on the vacation of plat note #6 on the Porky Park Subdivision No. 1 Final Plat, which prohibits direct . lot access to the site from SH 55/North Eagle Road, located at 3291 E. Pine Street in the City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the vacation of plat note #6 on the Porky Park Subdivision No. 1 Final Plat, which prohibits direct lot access to the site from SH55/Eagle Road, located at 3291 E. Pine Street in the City of Meridian, Ada County, State of Idaho, is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF PLAT NOTE #6 ON THE PORKY PARK SUBDIVISION NO. 1 FINAL PLAT - VAC 08-003 Page 1 of 2 0 0 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of October, 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of October, 2008. MAYOR MY de WEERD ATTEST: �.�y pF ME/` Ci' rFo JAYC L. HOLMAN, CITY CLEJRK 13BAL ,°per STATE OF IDAHO, ) `'�rV, 1oO\` ss County of Ada On this 7" day of OCA b*c v- , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �•......••• •• M 0 •• (SEAL) • % �O T`9+�,'��" OT, PUBLIC FOR IDAHO RESIDING AT: MY COMMISSI EXPIRES: • • OF 11) •6..•• .- VACATION OF PLAT NOTE #6 ON THE PORKY PARK SUBDIVISION NO. 1 FINAL PLAT - VAC 08-003 Page 2 of 2 October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-W REQUEST Union Pacific Supplemental Agreement 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: See attached Approve.., OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • Page 1 of 1 Tara Green From: Ted Baird Sent: Friday, September 26, 2008 10:14 AM To: Tara Green Cc: Bill Nary Subject: For October 7 Consent Agenda Follow Up Flag: Follow up Flag Status: Green Attachments: ' UP Supplemental Agreement.PDF Please place the following document on the October 7 Consent Agenda: Union Pacific Supplemental Agreement This Supplemental Agreement amends the Lease Agreement between Union Pacific and the City of Meridian to use 70 feet of U.P. right-of-way and makes clear that the purpose of the lease is for parking in connection with City Hall. 10/3/2008 Folder. 2398-88 Audit 246049 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered Into on the day of September, 2008, between UNION PACIFIC RAILROAD COMPANY ("Lessoe) and THE CITY OF MERIDIAN, an Idaho municipal corporation ("Lessee'). RECITALS: By instrument dated July 24, 2007, Lessor and Lessee entered into an agreement (the "Basic Agreement') identified as Audit No. 245049, covering the use of railroad property in connection with the construction of a new city hall in Meridian, Idaho. Article 1 of the Basic Agreement provided that the Premises will be used for "a construction material storage yard, and purposes incidental thereto only, and for no other purpose". AGREEMENT: IT IS AGREED between Lessor and Lessee to modify the Basic Agreement as follows: 1. ; EFFECTIVE DATE, This Supplemental Agreement is effective as of the first date writing herein. 2. AMENDMENT OF ARTICLE 1 OF THE BASIC AGREEMENT Article 1 shall be amended to provide for future use of the Premises for public parking in connection with Lessee's City Hall upon completion of construction, including a driveway approach/pedestrian ramp. This future use is depleted in Lessee's engineering drawing marked Exhibit "C" and attached hereto. 3. AGREEMENT SUPPLEM NE TAL. a) Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. b) Specifically, nothing contained in Exhibit "C" shall be construed as permitting Lessee to utilize additional property beyond what Is depicted in Exhibit "A" of the Basic Agreement. c) Article 5 of the Basic Agreement provides that a fence or barricade shall be constructed in the location shown In Exhibit "A° of the Basic Agreement. This provision of the Basic Agreement Is NOT being amended or modified by this Supplemental Agreement. IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Supplemental Agreement as of the date first herein written. Union Pacific Railroad Company City of Meridiani Ida By BY AsLarson mri de 4f M �� ager-- Rea[ Estate Mayor i� `` y Attested: ' ad Approved by City Council O �' 2dt'1!�"+' r 9p,4 T tfft • P.�`� m1: OR October 3, 2008 MI 08-002 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Joint School District No. 2 ITEM NO. 6-X REQUEST Addendum to Development Agreement -- Request for a Misc. Application for modify the existing Development Agreement for Education Campus Commercial -- SEC of N. Locust Grove & E. Leigh Field 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: See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. KNGINEERING RECEIVED Splanning and engineering communities for the future LUTIONSLLP To: Meridian City Clerk's Office Attn: Jaycee Holman 33 East Idaho Meridian, ID 83642 We are sending you: SEP 2 2008 City Of Meridian City Clerk Office 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938=0980 Fax: (208) 938-0941 LETTER OF TRANSMITTAL Date: September 26, 2007 Project Name: Education Campus Subdivision No. 2 Project Number: 71002 Copies Dated Description 1 Addendum to Development Agreement Executed by Owner_ These are transmitted as indicated below: For Approval Approved as Submitted Submit for Distribution For Your Information Approved as Noted Return Corrected Prints X As Requested Returned for Corrections For Pre -Construction For Review and Comment Price X Signatures Required For Bids Due: Resubmit for Approval Remarks: Jaycee: Please let me know when this is scheduled for a City Council meeting. Please call if you need any additional information or if you have any questions. Thanks! Copy to: Signed: K5 Shari Stiles • ADA COUNTY RECORDER J.D NAVARRO AMOUNT .00 48 BOISE IDAHO 10/17M -09:36 A REGall III ILIILI�LLLL�rIIIIILILLI�II�II I LIi RECORDCORD ED--REQREGUEST OF 1' Moddain City 108 i 15688 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Joint School District No. 2, Owner/Developer 1be This addendum is made and entered into this� day of� }ery , 2008, by and between CITY OF MERIDIAN, a municipal corpora on of the State of Idaho, hereafter called CITY, and Joint School District No. 2, whose address is 1303 E. Central Drive, Meridian, Idaho 83642, hereinafter called OWNER/ DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on 1999 as Instrument # 99050961 on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desires to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended to delete any reference to cross access as follows: 1.4 WHEREAS, DEVELOPER has submitted an application for ennexaiend rezoning of the Property described in Exhibit A, and requesting e designations of Low Density Residenfial, Neighborhood Business District (C -N) and Limited Office (L -O), and has submitted a site plan ... 1.7 The Findings of Fact and Conclusions of Law were approved by Council on April 15, 2008 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY'S Zoning Ordinance Low Density Residenfial (R 4) sedified at seeg ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE I OF 5 11 2-40g(B)03}fer-Neiahborhood Business District (C -N) and Limited Office (I, -O), Municipal Code of the City of Meridian. 4.2 That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and Exhibit B — Findings of Fact and Conclusions of Law approved by the Meridian City Council on April 15, 2008. 4.1.10 All future buildings on the site shall comply with design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), color and materials, and parking lots. Pedestrian walkways shall be reviewed during the Certificate of Zoning Compliance process to provide connection to E. Leighfield Way.eae�-e minimum 5 feet wide sidewalk sha be previded fiem the sidewalk along LeeustGveue. If the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished from the vehicular driving surfaces through the use of paven, eelemd er. seefed senerete, striping. 4.1.11 All drive-thru establishments proposed in the C -N zoning district shall obtain CUP approval. 4.1.12 All drinking establishment uses shall be prohibited in the C -N zoning district. 2. That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE 2 OF 5 provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition,, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE 3 OF 5 0 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: JOINT SCHOOL DISTRICT NO.2 By: CITY OF MERIDIAN By: Mayor Tammy d4 Weerd Attest: yc o ' cee L. 061man, City Clerk = SEAL y ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCL4L PAGE 4 OF 5 E STATE OF IDAHO ) . ss: County of Ada, ) • On this 251� day of ! eQk ae lr , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Ui Ma- Cta rk known or identified to me to be the person who signed this agreement and acknowledged to me that he executed the same on behalf of Joint School District No. 2. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. '• 1'Ug1'tG -•F,dI TE OF �a08844100{0���, STATE OF IDAHO ) : ss pmi.�"_ a.�� Notary Public for.Idaho Residing at: My Commission Expires: 3 -A7 -D9 County of Ada ) On this day of OGAObcy_ , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 000 ON ,• (SEAL) ! �'� a Notary Public for Idaho Residing at: Cd-Ld . LZ U , 1b Commission expires: 10-I 1-1 l ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-002) EDUCATION CAMPUS COMMERCIAL PAGE S OF S Legal Description IDAHO 1150 taall4mmawer se sv6 ISO SURVEY 1 1"m AUG GROUP "MM(MM070 Pax cm 0.5399 Nw mbea 9.2M DZSCRwnm IVOR PDOFt)m EDUCATION CAWOR SUBDN=W 1y0. i Data 1 acid 2, Block 1 of Edtetslioa Campus.Subdivision, as Stell la Book 86 of P1am mtFage9804sow=b of AdaCouwy,70abv, located bs tballotch 112 ofthe Somhaaet U4 -of 8ettdam 32. Towasbip 4 Nwd6 Rimp 1 East, B.M.. Meet mh Ada. Conm f add sew= 33%b m 4 dq='Wd as 10m: COMMUM4gat to We& t/4 a%Vbmtbb Soutbweac conrorof add &Won 32 beW $ooth 00°3 M" Wast. 2656.95 Am% Thence along the Wast lfime of uld Seddon 32. South 00°31'04' West. 097.11 qm%.Thmwu depuftsaid Wed limaSonoMANOR Rm% 48.06 fbet w aAoW blab on the Bast A& of woy of N. Locust Ckmvand, add PWOb ft ilia 8owhweat eo w adLat 1, Block l of aeld EdtlCwjm tjampns 3WWvJetoa amd the B,BAL PRINT 1DF BF,GRUNDlt3. Tie along tedd 11�t t3g� of way Notthx°31'04" Beef; 905.46 feet to a point OwSWAM dgbt afv► dE. Leagb Field Dr.; Themes along the Sou*4=d& of way of said a LeighFbW M. the following a0utaw: Thence NbA 45°00'00" Beet, 49.9S M mm Bow& 99°34135- SM; 10.64 fM Tba*c 93.98 feet along thews of a vm*4aalteoat wive to on CIA havlug a "am of 489.40 fwe a central angte ort i92VS l ; mul a 10ttg,oboa9beativS Sough 83°90'09" East, 93.62 Am4 7bmw 10631 fast Wang to we of a nowtangeat cwva to da km% baviag a OWN of 530.50 feet, a COW angle of 1192614°. * atom obosdbesting Soli& 936WW Beat; 106.13 faWL '[bamoo Somh 69°34!3S" Eat. 623.Mact; ?ham 287.93 fm alamg Ste eco of a omrvwto the dgbd, having As callus d2744.0 A 6e1011140gjrd60°05'36", end a 1ft dtmd.loing Scrub 59109" BwL 274.91 Prafasdloeal Lend Swraeyocs ThWwo South 29028'40" Fast 326.99 tbc� Thence 129.78 foes alou8 the at of 8 noa•tangetitt zum to the 14 havings rediae of 325.00 faint, a oaatrel angle of 22°32'4r; and a long chard beating south 40°55M" 128.92 ildt m as =le point,co;amm *b tf�R Noft** bhlm iry•of BOW C&ic Snbdivislon. ea IAW is Soots 94• bf Plata &Pap 11436.s+ecorde ofA+da Couaty.Id*,; Thence along the Uxzdmy cormmn to acid Setter Cove Subdiviaica and said, 14 2. Block 1 the follbwjg o6utsea; Tbam South 37°38'37" Won, IM S feet; Thence South 00°30'1S" Wok 301.09 fad oo.apomt lylpg on do Southerly bmmdatyof said Lot 2. Bloch, I aad.tbe`Norg m bouidesy of S�=mafeld Subdivisici No. 3, is Sled in Book 69 of Plate at Dago 7047. c "vb of Ada tomity, Idaho: Thenen along tfm boundary coraman W UM Lot 2. Ihlopk 1 acid eaid. 6ipv�eFf eld '8nbdiviaian No. 3 Bad 5tapaunfeld SD da No. 2. m Siad is Book -69 of Plats at Page 7039. recoads of A& County. Idelw. North 89°38'40" Won,1.27"PZ fent to flee' PQWT OF BWDV W4. CaatWng 25.87 aera& more or bm. prRmed By: Stevan T. Haug, PIS VAI IDAHO 1459 EmiWautwW& suitIm SURVEY Mertelan,w km taiho 83642• GROUP ph"M (44 s,wfo .' etc dos► ee�� Noveotber•9.2007 DATION FORIo 7ANE "kOPOSM MUCATION CANM SUBDWMOW NO.2 A portion of Lots 1 tit 2. Bkmk 1, 4nd ftt Leigh FWd Drive d& -Q - way, OfE&Idfim Campus StrbdMAM 0 Bled for mcord In Book 86 of Plats at Page 0804, fecm* of'Ada County,. Idehe, and also -a portion of Nanh Laeam Owe Road rigs -of vvaq, beutg located i$ the Nbidt 44 of die SW'W of Section 32, Towaghip 4 Ncrfl , Rap 1 p4at. 914, Mazidb4 Ada Cm*, Idaho, and toapudcularlyde mlW as follows: CoMa94 at the Wat yi camel of saw SNOW 32. d maaalong tW wed botmdafy ofthe SW 4: of said Section 32 Saudi 00°31'04" Wak 318.77 feet to the REAL FQWf- OF B16VOWG. Thence South W3946- Bat 433.73•feet; dwm North 00° 1'20" Bast, 267.76 Not to a pout on do coulatlim of East L•ei& Field Drlve; *We slag add wmterliae; d mos South SP3415" E8s.-483.39 fere to a pow of et¢va am theaaa314.68 feet slang the aipof a curve to the.d8K said curve havmg a radias,of 300.00 feet, a delta angla bf 60'0S'S5'+, sad a long dxW beating Sonih 39°31'37-' East, 300.45 fleet to spout of ttnt�cyr; thoaoe 80.011129'28'40" Bast, 32.7.28 feet to a pofacaf ctrevauwq dtmtoe 119.41 feat alomg the aro of a atiive th the left, aid cuke bMq a radius of �00 feat. a delta arngb of 22047'29", and itlong chord bming Soulb 40°S2'25"'Fmt,119.55 Themoe l whIg said aeatutim South 37°38137-' We#.151.60he, Tbeaoe South 0003011$" Wesk 301.09 feet 7benoe Nardi 89038140" West' 1327.25 fast to a point oa the wcdbgwWmy ofdte SW A of Said Saft 32; Prwf6S2fona1 Lend Surveyors Am= along add West bomdny North 00631'04" One. 678.34 feat to dm MINT OF 4iTMa1C. Captaining 13.13 as -M in lads. Idaho Survey Gov. P.C. Sw mo T. Haug, PI.S • 0 IDAHO Ilm so sors` su SURVEY GROUP u�trate,p0� e+sesm P*c2U4-.U" Novembef 9, 2007 OESClgPTM FOR C.t,ZONZ PROPOS® t's.D1JCATMN CAMPM MOWION NO.2 A pottlon of We 1 &-2, Black 1. and East Leigh Field 60re dOM-of why, of Education Campus SubddvMston, M flied 1br MWM In Book88 of Ph& atPape 9804, recar& of Ada Coudty, Idaho. and also a portlon of North L.ocM Grow Road dght-d-Way, belt localoo In the North X Of ftte SW X of Beatfon 32, Tcwnshtp 4 NoM, Rope 1. Ewi4. 3.M., mMwItIlart, Ada County, Idaho, and mpre particularry deaObed as fallmm, Coma=** at the W" Uconwr of said Seddon 32,'9Om aluM the wast boundary of ft BW % of egld 8eatian 32.6outh 00'31'04' Wed, 30.60 fe&,to it -point on the centwIlne of East Laugh Field Odws, the REAL POINT OF 1SEOOINtNG. Thence along said cu tlinw. ttuence South 89.3435" East, $3.01 %M to a point of cumdm-. tf wm 98.09 fast alorrs cher ara df a cum to the r%K said curare having a M" of 494.50 feat, a delta angle of 11'29'03', and a long chord baa*V South 83.50'09' East, 90.92 feet to a paint ofmveme cumvlf , thence 101.19 feet along the aro of a curve to.ttte hdt, W.Q curve having a eadlud of SN -00 Blest, a delta angla Qf 11 °?8'63 and a long chord bearing south 83080'09' Emi% 101.03 feat to a pdnt,of tangency; thWW &XM 89'34'38' Eget, f4O.39 fleet, Thence tea"Said oetftftw South 00.21120' West 207:78 fast; Thence North 89°38'40" West, 433.73 feet to a point On the wast tuoundary of the SW % of bald Becton 32; Protessfod.af Lan4 Surveyors • Thlte 8bMiakf Wset tMfW8W Nath 00°31'04' East, 2Kn feet tothe ROINT OF Wi1NNtNO. Cbftih u 2.76 -acres, more or Ias. Phpued Hr. Who sumer ate, F:c. woo ►r�c"so� ` 171 RECEIVED APR 0 7 2008 City Of Meridian City Clerk Office CITY OF MERIDIAN wl IDIAM, , FI� NDINGS OF FACT CONCLUSIONS _ OF LAWAND DECISION & ORDER In the matter of Rezone of 27.89 acres from the R4 (Medium Low Density Residential) zoning district to the C -N (Neighborhood Commercial) (2.75 acres) and L -O (limited Office) (25.14 acres) zoning districts; Preliminary Plat approval of 7 commercial building lots on 25.87 acres; and Modification of the existing Development Agreement to remove the restriction for education type only uses on the site, for Education Campus Commercial, by Joint School District No. 2. Case No(s). RZr07-021, PP -07-025, AU -08-002 For the City Council Hearing Dates of: March 4, 2008 and April 1, 2008 (Findings on the April 15, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Ad of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZr07-021, PP -07-025, MI -08-002 -I- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy -served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Conditions of Approval, and the Development Agreement provisions, all in the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant Shull meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Rezone request frum R-4 to UO and C -N as evidenced by having submitted the legal descriptions and exhibit map (attached in the Staff Report for the hearing date of March 4, 2008, incorporated by reference) stamped by Steven T. Haug, PLS, dated November 9, 2007, is hereby approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11/8/07, prepared by Engineering Solutions, is hereby conditionally approved; 3. A modification to the existing Development Agreement is approved and shall include the provisions noted in Exhibit A.4 of the ati mhed Staff Report for the hearing date of March 4, 2008, incorporated by reference; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration CI rY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP -07-025, MI -08-002 -2- Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat, In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up. to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affoeted by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 4, 2008. C11Y OF MERIDIAN FINDINGS OF FACE, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP -07-025, MI.08.002 -3- • • By action of the City Council at its regular meeting held on the 5 day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: City Copy served upon Applicant, The Attorney. 8gAL r psi •, �•.� VOTED VOTED VOTED VOTED Weard Public Works Department and City By; . Dated: 4- l `i -Ak City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP -07-025, MI -08-002 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2006 STAFF REPORT HEARING DATE: March 4, 2008 (Continued to April 1, 2008) T �T TO: Mayor & City Council E I1JIL7►l�l�' FROM: Sonya Watters, Associate City Planner (208)884-5533 SUBJECT: Education Campus Commercial • RZ-07-021 Request for Rezone of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C -N (Neighborhood Commercial) (2.75 acres) and L -O (Limited Office) (25.14 acres) zoning districts • PP -07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed C -N and L -O zoning districts • NII -08-002 Modification of the existing Development Agreement to remove the restriction for education type only uses on the site Note: Since the time the RZ & PP application was submitted and heard by the Planning & Zoning Commission, the applicant submitted a request for a Development Agreement modlf kation (AM. Staff has provided additional analysis and revised the report to reflect the MI applicadom 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for a Rezone (117) of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C N (Neighborhood Commercial) (2.75 acres) and the L -O (Limited Office) (25.14 acres) zoning districts. A Preliminary Plat (PP) is also proposed for 1 neighborhood commercial zoned building lot and 6 otfice-zoned building lots. The proposed plat is a re -subdivision of Lots 1 and 2, Block 1, of Education Campus Subdivision. A Development Agreement modification (IQ is also requested to remove the restriction for education type uses only on the site to allow for office and retail uses, along with education uses, as permitted in the UDC per the approved zoning district. The site is located on the southeast corner of N. Locust Grove Road and E Leigh Field Drive, approximately 'A mile north of E. Ustick Road. There are currently two charter high schools on the site, an alternative school, and -an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. A portion of the remaining vacant area was planned for much-needed new administration offices for the District. When the former Jabil facility (on Central Drive, north of the freeway and west of Locust Grove) became available, the District was able to buy the facility at a favorable price, rendering the subject land of this proposal surplus for the District. For this reason, the applicant is proposing to rezone and plat the property to make the lots more marketable for sale. Approval of a Development Agreement modification would allow the surplus property to be developed with uses other than education type uses, as allowed by the zoning district in the UDC. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the, City. Education Campus Commercial RZ-07-021 PP -07-025 MI -08-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 2. SUMMARY RECOMMI MATION The subjcct applications (RZ, PP. & Mn were submitted to the Planning Department for concurrent review. Below, staff has provided a deviled analysis and recommended conditions of approval for the requested Rezone, Preliminary Plat, and Development Agreement modification applications. Staff is recommending approval of the proposed E&wation Campus Commercial application (R A 7-021, PP -07-025, & MI -N-002) with the eonditions listed- in Exhibit B of the Staff Report. ii. Inopposition: None iii. Commenting: John Conrtwrle6t Iv. Written testimony: None V. Staff Presenting a lica n: SoM Watters A Other staff commeWUR on a lication• None �,t Key Issue(s) of Discussion by Commission• L None 9L ocing removed prior to signature on the final plat. ILL i all 1 =r 11 11 1 1 1 1 1 1 1 1 ala ' / 0l:1 IL .S..1Ij1 1 1 '. _. :. 'r—,; 1 1 1 I� I l' ■I 1 �1I I:, ,-I� I1 1aI 1_I r 11'-iala-1 ,L'.'' I:, :I 1. Education Campus Commercial IYU-07-021 PP -07-025 M1-08-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 SA 3. PROPOSED MOTION Approval After considering all sta f& applicant and public testimony, I move to approve File Numbers RZ-07- 021, PP -07- 025, and MI -08-002, as presented in staff report for the hearing date of March 4, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 021, PP -07- 025, and MI -08-002, as presented during the hearing on March 4, 2008 for the following reasons: (You should state specific reasons for denial. You should state what the applicant could do to gain your approval of the RZ & PP in the future.) Continuance I move to continue File Numbers RZ-07-021, PP -07-025, and Nll-08-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: This site is located on the southeast corner of N. Locust Grove Road and E. Leigh Field Drive, approximately % mile north of E. Ustick Road. Parcel No.'s: R2122110100 and R2122110200 SW % of Section 32, Township 4 Nortb, Range 1 East b. Owner. Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 c. Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Education Campus Commercial RZ-07-021 PP -07.025 MI -08-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 e. Present Zoning: R-4 (Medium Low Density Residential) f. Present Comprchcnsive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: "Joint School District No. 2 (District) hereby applies for the rezoning of 2.75 acres from R-4 to C -N and 25.14 acres from R4 to L-0 with a preliminary plat for 7 lots ... Required sidewalks and landscaping are already in place. The preliminary plat provides for one neighborhood commercial lot and six limited office lots. No variances are being requested as part of this application. The land currently has two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. A portion of the remaining vacant area was planned for much- needed new administration offices for the District. When the former Jabil facility (on Central Drive, north of the freeway and west of Locust Grove) became available, the District was able to buy the facility at a favorable price, rendering the subject land of this proposal surplus for the District. Rezoning of the property is necessary to secure entitlements, making the lots more marketable." The applicant is also requesting a Development Agreement modification to remove the restriction for education type uses only on the site to allow for office and retail uses, along with education uses, as permitted in the UDC per the approved zoning district. (See Applicant's letter for more detail.) 1. Date of Preliminary Plat (attached in Exhibit A): 11/8/07 2. Date of Landscape Plan (attached in Exhibit A): 1/21/03 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Preliminary Plat as determined by City'Ordinance. By reason of the provisions of UDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Development Agreement modification as determined by City Ordinance. By rcason of the provisions of UDC 11-5A-2, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Commission); February 11, and 25, 2008 (City Council) e. Radius noticcs mailed to properties within 300 feet on: December 21, 2007 (Cummission); February 8, 2008 (City Council) f. Applicant posted notice on site by: January 5, 2008 (Conuvissiun); February 23, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): There are currently two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. Education Campos Commercial RZ-07-021 PP -07.025 M1-08=002 PAGE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 b. Description of Character of Surrounding Area: The general area surrounding this site consists Primarily of residential uses, with a few commercial uses (zoned C -N and L -O) to the watt aem. Locust Grove Road. c. Adjacent Land Use and Zoning: 1. North. Single-family residential properties, zoned RI in Ada County 2. East: Single-family residential properties in Setter Cove Subdivision, zoned R-4 and Joint School District property, zoned R-4 3. South: Single-family residential properties, zoned R-4 4. West: Commercial properties (offices), zoned C N and L -O, and a rural residential property, zoned RUT in Ada County d. History of Previous Actions: • This property (40.55 acres) was annexed by the Joint School District No. 2 in 1999 with an R-4 zoning district designation. A Development Agreement was required and recorded as part of the annexation (Instrument No. 99050961). A provision of the Development Agreement states, "That the subject annexation and zoning be limited to school education use and speMeally exclude residential subdivisions." 77w applicant is requesting a DA modification as part of this application to remove the aforementioned restriction. • A preliminary plat (PP -02-023) was approved in 2002 that included 2 building lots, one other lot, and a new public road on 39.23 acres of land in an R-4 zoning district. • A conditional use permit (CUP -02-035) was also approved in 2002, with the plat, for the development of a new elementary school, 2-3 new charter/professional high schools, and a school district administration building, in an R-4 zoning district. • A final plat (FP -02-026) was approved in 2002 for 2 building lots and 1 other lot on 39.23 acres in an R-4 zoning district. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: E. Leigh Field Drive Location of water. Three existing S inch stubs from a 12 inch line located in E. Leigh Field Drive Issues or concerns: None 2. Canals/Ditches Irrigation: NA 3. Hazards: None known 4. Proposed Zoning: NA 5. Size of Property: 27.89 acres f. Landscaping 1. Width of street buffer(s): A 25 -foot wide street huller is required along N. Locust Grove Road; a 10 -foot wide street buffer is required along E. Leigh Field Drive. All street buffers shall be constructed per the standards listed in UDC 11 -3B -7C. 2. Width of buffer(s) between land uses: A 20 -foot wide buffer to adjoining uses is required along the south and cast property boundaries adjacent to existing residences, in accordance Education Campus Commercial RZ-07-021 PP -07-025 MI -08-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4.2008 with the standards listed in UDC 11 -3B -9C. 3. Parking Lot Landscaping: Internal parking lot landscaping is required with future development of the commercial lots. Landscaping will be reviewed for compliance with the standards listed in UDC 11 -3B -SC with each individual Certificate of Zoning Compliance application for future buildings on the site. g. Off -Street Parking: NA (Off-streetparking will 8e reviewed at the time of Certificate of Zoning Compliance application for each future building on the site.) h. Summary of Proposed Streets and/or Access: Access to the site will be provided from E. Leigh Field Drive, an existing public street. Direct access to N. Locust Grove Road is prohibited except for the existing driveway to the school that aligns with E. Heritage Park Street on the west side of Locust Grove Road. There is one existingnorth/south internal drivewayto/from E. Leigh Field Drive and one existing east/west internal driveway to/hom N. Locust Grove Road that provides access to the charter high schools and the alternative school. For addressing purposes, Staff h requesting that the existing driveways be converted to private streets (see comments and conditions stated in Section 10, Analysis, and Exhibit B of this report.) 7. COBU4112ffS MEETING On December 28, 2007, a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. The Applicant is proposing to rezone the property to L-0 (25.14 acres) and C -N (2.75 acres). Public/Quasi-Public areas are defined in the Cumprchcmive Plan as follows, "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact. Upon redevelopment of such properties, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, .the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areae will be determined by City Council on a case by case basis." Staff believes that the proposed L-0 and C -N zoning is appropriate for this property and complies with the Public/Quasi-Public land use designation for the following reasons: 1) a large portion of the site is utilized by the school district (20+/- acres) and only a small portion may be sold off and redeveloped (6+/- acres). The primary use of the property as an education campus complies with the public/quasi-public land use designation; 2) education institutions are a principal permitted use in the proposed L-0 and C N zoning districts; 3) the property is located on Locust Grove Road, an arterial street, at the half mile, which generally is a good location for commercial businesses; and 4) light office/commercial uses 'would be compatible with the existing education campus and commercial (office) uses across the street on the west side of Locust Grove. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Education Campus Commercial RZ-07-021 PP -07-025 MI -08-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City and the existing buildings are already serviced. The City of Meridian plans to provide municipal services to the lands proposed to be developed in the following manner. Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural FYre Department. The subject lands currently lie within the jurisdiction of the Meridian Police Department ("D). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRID). Thu service will not change. A The subject lands are currently serviced by the Meridian Srhuul District No. 2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change. • Require all commercial and industrial businesses to install and maintain landscaping (Chapter V, Goal III, Objective D, Action 3, page 43). Internal parking lot laruiscaping will be reviewed with each individual Certificate of Zoning Compliance for future buildings on the site. All internal parking lot landscaping must comply with the standards listed in UDC 11 -3B -8C. • Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.) (Chapter VI1, Goal IV, Objective D, Action 5, Page 114) The required street buffer landscaping along Locust Grove Road and E. Leigh Field Drive was installed with the previous plat. Staff has reviewed the landscaping depicted in these buffers on the landscape plan and found it in compliance with the standards listed in UDC 11 -3B -7C. However, there is a small section along Leigh Field, south of the Fire Department teaching facility where there is no street buf jer. Staff is recommending that the applicant install a street buffer in this location (see Section 10 Analysis below for more information). • Plan for a variety of commercial and retail opportunities within the Impact Area (Chapter VII, Goal I, Objective B, Page 109) Stcff believes that the proposed ojr2ce and wmmercial lots will complement the existing education campus and existing commercial uses across Locust Grove Road The proposed commercial use of a portion of the property will also provide a variety of commercial opportunities in this area of the City. • Encourage compatible uses to minimize conflicts and mammim use of land (Chapter VII, Goal IV, Page 112) Staff believes that the future office and commercial uses will be compatible with the existing education campus to the south and east and the C -N zoned properties to the west across Locust Grove. The residential properties to the north of the property proposed to be zoned L- 0 and C -N will be buffered by E. Leigh Field Drive and a 15 foot wide landscape strip. The proposed L -O and C -N zones are the least intense of thefour commercial designations, which Education Campus Commercial RZr07-021 PP -07-023 MI -08-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 will limit or require conditional use approval of certain more intense uses adjacent to the neighboring residential properties. The Commission and City Council should determine f the proposed UO and C-Nzoning distric& and existing and proposed use of thepropeny comply wgh the PubUrlQuasi Publle land use designation for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: UDC Table 11-2B-2 lists the principal permitted, accessory, and conditional or prohibited uses in the L-0 and C -N zoning districts. The current use of the property as an education campus is a principal permitted use in the proposed L-0 and C N zoning districts. Please we UDC Table 112B-2 for a complete listing of allowed uses in the proposed L-0 and C- N zoning districts. b. Purpose Statement of the Commercial Districts: Per UDC 11-213-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. REZONE (RZ): The applicant is requesting to rezone the subject property from R-4 to L-0 (25.14 acres) and C -N (2.75 acres). There are currently two charter high schools, an alternative school, and an area leased by the Fire Department as a fire safety teaching facility. When this site was originally annexed, the school district planned to build administration offices for the Joint School District on the property. Since that time the District obtained the old Jabil site where the administration offices are now housed. Because the District now has surplus property that will not be used as planned, the District wishes to eventually sell-off that portion of the property. The District believes that rezoning the property is necessary to secure entitlements, making the lots more marko table. UDC 11 -5B -3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Staff does not believe that a new DA is necessary in this instance as there is a concurrent plat application on which conditions of approval may be placed pertaining to future development of the property. However, the applicant is requesting approval of a modification to the existing DA to remove the restriction for education type uses only on the site to allow uses allowed by the UDC in the proposed L-0 and C -N zoning districts (see below for more information). If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Public/Quasi-Public and the primary and current use of the property as an education campus, Staff believes that the requested L-0 and C N zoning districts are appropriate for this property. Please see Exhibit D for a detailed analysis of the required bets and findings for a rezone and Section R above for more information pertaining to compliance with the Comprehensive Plan. The rezone legal descriptions submitted with the application (stamped on November 9, 2007 Education Campus Commercial RZ-07-021 PP -07-025 MI -08-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 by Steven T. Haug, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. The applicant did not submit a conceptual development plan or building elevations depicting how the northern portion of the property may develop in the future with the rezone application. The applicant states that they do not know how the property may develop if it is sold but envisions one structure on each of the lots depicted on the plat as Lots 3, 4, and 9; Lot S may possibly redevelop in the future after the lease is up with the Fire Department for the fire safety teaching facility. &aff is not requiring the applicant to submit a concept plan because of the size of theproposed lots [1.5-2.2 acres or 64, 641-95, 692 cf. (the lot the fire department is leasing is 4.3 acres or 186,754 sf.] and the building size limitations in the L -O and C -N zoning districts. The maximum building size without design standard approval in the L -O district is 10,000 square feet and 7,500 square feet in the C N district !f a structure over the aforementioned square footages is proposed, design review in accordance with the standards listed in UDC 11 -3A -19C will be required. 2. PRFIJBMARY PLAT (PP): The Applicant is requesting preliminary plat approval of 6 commercial office building lots and 1 neighborhood commercial lot on 27.89 acres of land in proposed L-0 and C N zoning districts. The preliminary plat was prepared by Engineering Solutions, dated 11/8/07, labeled as Sheet 1 of 1 PRE. Dimensional Standards: This site is required to comply with the dimensional standards of the L-0 and C -N zoning districts listed in UDC Table 11-2B-3 as follows: Existing Structures: The site currently contains two charter high schools, an alternative school (in portables), and an area leased by the Meridian Fire Department and the Meridian !Rural Fire Protection District for use as a fire safety teaching facility. All existing structures are contained within lots and comply with dimensional requirements of the L-0 zone. Education Campus Commercial RZ-07-021 PP -07-025 MI4)8-002 PAGE 9 C� • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Sidewalk: A 5 -foot wide detached sidewalk currently exists on the subject property along N. Locust Grove Road and E. Leigh Field Drive. The sidewalk along Locust Grove shall be placed within a public pedestrian easement depicted on the final plat. The sidewalk along Leigh Field is currently depicted within a 40 -foot wide sidewalk easement on the plat. Landscaping: The applicant has submitted a landscape plan, dated 1/21/03; prepared by Leatham Krobn-VanOcker Architects that depicts the existing landscaping on the site that was installed with the previous plat. The Staff has reviewed the following items for compliance with current UDC standards: ➢ Per UDC Table 11-213-3, a 25 -foot wide street buffer is required along N. Locust Grove Road, an arterial street, and a 10 -foot wide street buffer is required along E. Leigh Field Drive, a local street; these buffers were installed with approval of the previous plat application. Staff has reviewed the landscaping within these buffers and found it in general compliance with the standards listed in UDC 11 -3137C. However, there is a small section of street buffer along Leigh Field, south of the Fire Department teaching facility that is missing. Staff is including as a condition of approval that this buffer shall be installed per the standards listed in UDC 11- 3E -7C. Said buffers shall be on a common lot or on a permanent easement maintained by the property owner or business owners' association. The street buffer along Locust Grove is depicted within a 35 -foot wide landscape easement; however, the street buffer along Leigh Field is not depicted within a landscape easement. Staff is including a condition of approval that -the street buffer along Leigh Field be placed within a minimum 10 -foot wide landscape easement depicted on the final plat. Note. The landscaping within the Locust Grove street buffer south of the driveway to/from Locust Grove Road is not included on the landscape plan; however, staff has visited the site and the landscaping has been installed per the standards listed in UDC I1 -3B -7C. ➢ Per UDC Table 11-2B-3, a 20 -foot wide buffer to adjoining uses is required in the proposed L-0 and C N zoning district adjacent to residential uses. The south and east property boundaries abut existing residential uses; the buffer along the south boundary was installed with the previous plat and complies with current UDC standards. The required buffer along the east boundary is not depicted on the landscape plan. Staff is including a condition of approval that a 20 -foot wide buffer be installed along the east property boundary in compliance with the standards listed In UDC 11 -3B -9C. D Include landscaping for the street buffer adjacent to Locust Grove Road, south of the driveway to the Charter High Schools that aligns with E. Heritage Park Street. Parking lot landscaping in compliance with the standards listed in UDC ll -3B -8C will be required and reviewed with each Certificate of Zoning Compliance for future building on this site. D A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-313-14. Education Campos Commercial RZ-07-021 PP -07-025 MI -08-002 PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA'L'E OF MARCH 4, 2008 Other than the aforementioned items, landscaping on this site complies with current UDC standards. Fencing:. There is existing fencing along the south and east property boundaries adjacent to existing residences. No new fencing is proposed or required with this application. However, temporary fencing to contain debris during construction shall be installed around the lots being developed prior to release of building permits. Cross Access: A cross -access easement for lots within the proposed subdivision is not depicted on the preliminary plat. Staff is including a condition of approval that cross - access be provided to all lots within the subdivision. A note depicting cross -access for all lots should be added to the face of the final plat. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single - point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Budding Elevations: The applicant has not submitted conceptual building elevations of what future commercial structures on the site may look like because it is unknown who the future tenants/owners will be. Nor have design guidelines been submitted for future structures on the site. To ensure a minimum design standard, staff is recommending as a provision of the Development Agreement that all future commercial buildings on the site comply with current design standards pertaining to architecture (Le. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), color and materials, and parking lots. Further, staff is recommending that a minimum 5 -foot wide sidewalk be provided from the sidewalk along Locust Grove to the main building entrance of structures on lots that abut Locust Grove. ff the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished form the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. Private Streets: The applicant is not proposing private streets within this development. To enhance the safety of the development, for addressing purposes, the Fire Marshall, along with Planning staff, is requesting that a private street to/from N. Locust Grove Road to Leigh Field Drive be provided. The current driveway to/from Locust Grove should be converted to a private street and should connect to Leigh Field Drive in either it's current or future location. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to or concurrent with the final plat application (see condition of approval in Exhibit B). Per UDC 11.3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. Education Campus Commercial RZ-07-Ml PP -07 -MS MI -08-002 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and.approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: A five-foot (5') attached sidewalk or four -foot (4) detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed In addition, if a curb exists next to the drive aisle, it shall be painted red. Certificate of Zoning Compliance (CZ.C): A CLC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for future building on this site. The applicant should submit revised plans that comply with tate conditions of approval listed in Exhibit B of this staff report, with the CZC application. All improvements must be installed prior to occupancy. 3. DEVELOPMENT AGREEMENT MODIFICATION (MI): When this property was annexed in 1999, a Development Agreement (Instrument No. 99050961) was entered into between the City of Meridian and the Joint School District No. 2. A provision (see existing provision #4.1.10 in Exhibit A.4) of the DA states, "That the subject annexation and zoning be limited to school educational use and specifically -exclude residential subdivisions." The applicant is proposing to rezone the subject property to L-0 and C -N for future sale and possible redevelopment of the lots on the northern portion of the site for light office and commercial uses. In order to develop these lots for any use other than a "school educational" use, a DA modification is required. For this reason, the applicant is requesting approval of a DA modification to remove the restriction for education type uses only on the site. Because conceptual building elevations were not submitted with this application for the future commercial structures on this site, staff is recommending a provision (see #4.1.10 in Exhibit AA) be added to the existing DA on this site as follows: "AD future buildings on the site shall comply with the design standards pertaining to architecture (Le. facades, primary entrances, roollines, pattern variations, and mechanical equipment), Education Campus Commcoial RI,07-021 PP -07-M5 MI -08-W2 PAGE 12 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 color and materials, and parking lots. Additionally, a minimum 5 -foot wide sidewalk shall be provided from the sidewalk along Locust Grove to the main building entrance of all structures on lots that abut Locust Grove. If the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished form the vehicular driving surfaces through the we of pavers, colored or scored concrete, or bricks." Staff believes that this is necessary to ensure that future buildings on the site develop consistent with the City's minimum design standards. In addition to the two DA changes mentioned above, staff has included in Exhibit A4, a comprehensive list of all of the current DA sections that should be amended for the Joint School District #2. b. Staff Recommendation: Staff recommends approval of the subject applications (R7r07-021, PP -07-025, & M1-08-001) based on the Findings fisted in Exhibit D and the conditions listed in Exhibit R of this Staff Report for the hearing date of March 4, 2008. The Meridian 11. EXMITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 of 1 PRE, prepared by Engineering Solutions, LLP) 3. Landscape Plan (dated 1/21/03, labeled as Sheets Ll.l-L1.3, prepared by Leatham-Krohn VanOcker Architects) 4. Requested Modifications to Development Agreement B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Education Campus Commercial RZ-07-021 PP -07-025 MI -08-W2 • PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4.2008 2. Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 of 1 PRE, prepared by Engineering Solutions, LLP) . Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF;MARCH 4.2008 3. Landscape Plan (dated 1/21/03, labeled as Sheets L1.1 -L1.3, prepared by Leatham-Krohn- VanOcker Architects) a. m/.YMYMCpmYOM�.h OsO • IM.�usmu�®,rhusA�ilGiamovw • ��� .0�0®.�v..e��NOiw -- 1" CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 •aLP'7�.6�'7.° Emig n oo�'•e �anw: ral- JL ,rte U2 lxhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Exhibit A WNII9.OWOOL 001iCCI �o�maew� cmnma 0 .., EEE W oelmm+meaaw �n1��®IY YN.C.�awM • 11r I/wlM1�P®i.LP�.smps9PP..... • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 4. Requested Modifications to Development Agreement (Instrument No. 99050961): ' The applicant U. requesting a modification to the following terms of the Development Agreement: 1.4 WHEREAS, DEVELOPER has submitted an application for amansfies-eadrezoning of the Property described in Exhibit A, and requested a -designations of Neighborhood Business DisWet (C- N)_and Limited Office a, -O) and has submitted a site plan.... 1.7 Add the date Findings of Fact and Conclusions of Law are approved by City Council. 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CTTY's'Zoning Ordinance for Neighborhood Business District (C:M and Limited Office Qr01, Municipal Code of the City of Meridian. 4.2 That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (A 4) Low Dewity R-esil—d—liall Giffidakaffim —hove -beef and ",inn Irwin XWWWWWR Exhibit B — Replace/modify Findings of FactlConclusions of Law as approved by the Meridian City Council. Per the analysis in Section 10, Staff is recommending the following provision be added to the existing Development Agreement in Section 4: 4.1.10 XxWbit A • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal descriptions submitted with the application (stamped on November 9, 2007 by Steven T. Haug, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement is not required with this application. There is a development agreement currently in effect for this property (see Instrument No. 99050961). Prior to the rezone ordinance a22nyal. the existing DA for this Aronerty shall be amended consistent with the chancres listed In Exhibit A4 of the staff reuort. 1.2 PRELIMINARY PLAT — SrM SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by Engineering Solutions, LLP, dated 11 /8/07, labeled as Sheet 1 of 1 PRE, is approved, with the conditions listed herein. All conditions of the previous conditional use permit (CUP -02-035) application shall also be considered conditions of the preliminary plat. The preliminary plat shall be revised as follows: a. The sidewalk along Locust Grove Road shall be placed within a public pedestrian easement depicted on the final plat. b. A cross -access easement shall be provided to all lots within the subdivision via a note on the final plat or a separate recorded agreement. c. The existing driveway to/from Locust Grove Road connecting to Leigh Field Drive shall be converted to a private street and placed in either a perpetual ingress/egress easement or a single platted lot that provides access to all lots within the subdivision. d. Per UDC 11 -3B -7C.2, the required street buffer along E. Leigh Field Drive shall be placed within a minimum 10 -foot wide common lot or permanent easement, maintained by the property owner or business owners' association. 1.2.2 The landscape plan, prepared by Leatham-Krohn VanOcker Architects, dated 1/21/03, is approved with the following modifications: • A minimum 10 -foot wide street buffer is required adjacent to E. Leigh Field Drive, south of the Fire Department teaching facility where none currently exists. Said buffer shall be constricted in accordance with the standards listed in UDC 11-313-7C. • A 20 -foot wide landscape buffer is required along the east property boundary adjacent to existing residential uses, per UDC 11-2B-3. Said buffer shall be constructed in accordance with the standards listed in UDC 11 -3B -9C. • Include landscaping for the street buffer adjacent to Locust Grove Road, south of the driveway to the Charter High Schools that aligns with E. Heritage Park Street. • Parldng lot landscaping in compliance with the standards listed in UDC 11 -3B -8C will be required and reviewed with each Certificate of Zoning Compliance for future building on this site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 When the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s). 12.3 Submit a Private Street application for staff level review and approval prior to or concurrent with the final plat application. Said private street shall connect Locust Grove to Leigh Field Drive. Said Private Street shall comply with the standards listed in UDC 11-3F-4. 1.2.4 A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for future building on this site. The applicant should submit revised plans that comply with the conditions of approval of this application, with the CZC application. All improvements must be installed prior to occupancy. 1.2.5 A note prohibiting direct access to N. Locust Grove Road, except for the previously approved access point to the school that aligns with F. Heritage Park Street on the west side of Locust Grove Road, shall be added to the final plat. 1.2.6 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.7 Temporary fencing to contain debris during construction shall be installed around the lots being developed prior to release of building permits. 1.2.8 Underground, pressurized irrigation mast be provided to all lots within this development. 2. PMLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Leigh Field Drive. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E Leigh Field Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 mefifim. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description small be eonsiatcut with the graphically depicted casements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked E)GEB1T A) and an 8112" x 11" map with bearings and distances (marked EXHIBTf B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat refe3encing this document. 2.5 Thu City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point F-%Ubit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 2.7 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 UDC 11-3A-6. Plans shall be approved by the appropriate ungation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9.4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may he used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9.4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-311. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater olmdon. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.17 The applicants design engineer shall certify that all scxpagc beds out of the public right- of -way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Exhibit B \J • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 approved prior to the issuance of a certification of occupancy for any strictures within the project. 2.20 One hundred watt, high-pressure sodium streetlights shall 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 to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fine protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 32 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.3 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.5 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Building setbacks shall be per the International Building Code for one and two story construction. 3.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.12, the distance requirement shall be 600 fcct (183 M). 3.7 A private street shall be provided from E. Locust Grove Road to E. Leigh Field Drivo for addressing Purposes. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 Provide pressurized irrigation to Lot 5 at the west side of the existing building prior to development of Lot 5. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACHD submitted a letter to the City dated December 19, 2007 stating that they have no site specific requirements at this time due to the fact that all street improvements exist. Exhibit H CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 hxWbit IS • E CIN OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 C. Legal Description & Exhibit Map IDAHO1450 o is�ov4�a+N.rs�' SURVEY Mel" g1A)m sUQ GROUP "WO rAW W8670 Pttt (tf� $Bi -5799 November 9.2007 DZSCRBTM. FORPIWPOOM EDUCATION CAIYIPUB SUED. MON NiO. Z Lots 1 add 2, Block I of Btbtoation Campus. Subdlviaion, as AW in Back 86 bf PIM stPage 9604, to m& ofA COUnty, lal% located In tide Nam IR of the Sbutin est 114• of Sermon 32. Township 4 Notch. usage 1 East. B.M., DrlgMa 4 Ada, County ldabs, mole PmdculaelY dosca'bed folCowi. ae ft.W." West 114 earow of said 3eatim 32; &= whicb the Soumwost comer of said 8oadwt 32 bow South 00°3 ('04' Wast, 265835 funk 7'lteace dung the West lies of said Soctlon 31. Satoh 00°31'04' West 997.11 Ent . 7 deaidag said Went Hna San& W38'40° 8&91.48.00% et to 4 point lylog on the Bast A& of way of.N. Locust Grove Rd., said pointbe1tlgthe Southwaet' of Lot 1, Block I of Bald ftmation Campus Subdivisia and the REAL POWIf OF SWANNWIG. Than dong add Eon dgbtof way Nonh00°3I%" East, 905.48 feet to a point iawraocft tho SoWb m,dght ofway ofH. Leigh Field Dr; 71mm along tha Scuftm right of way of aaid 8. Leigh Fm D1: the following sotaaear Thence North 45°00'00' Ease, 49393 bM nano South 09°34"35• Big, 10.64 fat n"m 93.98 foot along the WCOA uotrtangeat save to to dgkt, having a tsdlae of469.06her; a ootalangie ofI1-28'S 1 I &W a [aft ohom! 1oaft South 83050'09' PAM 93.82 feet: 71moo 10631 foat scans to are of a nowtangant awe to die left, having a Wine of 530.50 fbot, a caobal on& of 11 °28'540.. and a tong chord boming $ouch 8305OW Emt;106.13 that, 7bom South 89'3415" FAA 623.78: foot; Thome 287.93 fm along die am of a amwto ibe'riA having a radius of 274.5.0 fes; a 000d.an& of 60°0556", acd a 1png *xd•ti &&& South 591117" But.274.91 Fr.•ofestlonal Land Surnero�s Exhibit C 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Thence South 29°21l'4W East 326.99 fae� Thana 129.7.8 fist along the •set of a noa•taaged zum t o *6 Pett, baving a tadhra of 325.00 fem4 a amoral angbe of �Z°S2'4T ; end a lapg ahold beefing Smith 40055WO 1� 129.92 meet to an ankle point common with tib Nor&wcA 6undpcyof S=w Cave Subdivisio k a $ted in Book 94-bf Plats stPap 11436. records ofAda Couaty.,Idaho„ T m m aioog the boundeq commm to said Semr Cove Subdivision and said. l of 2.13Iook 160 following countess 7henex South 37°38'37" West 126:23 feet; Thence Scutb 00°30'18° West 301.09 furl t,o.apohn Iyipg on the Southerly b=Wary of sadd Lot 2. Bloat I and the Noft m bo=dwy of Sim anz&W Subdivision No. 3, as $led in Hook 69 ofF'lasg at Paget 7047. reooNe oi`Aga Eaunty. ideho; . 7haeco along * bowlazy common to old Lot 2. Alo4k 1 and said* & eld 'Subdivision No. 3 and 3 eld Subdivision No. 2. as filed in Book•69 of Plats at Page 7039, tacoada of Ada Coutuy. Mebo, North 89°38'40" Wea4.1.279.25 fact to ft PQINT OF BEGOIIV Q Contefniag 25.87 awe& more or lees. hxWbit C Steven T. Haug. PLS • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 IDAHO 1459 EniW+art fflW4c SURVEY s"W Iso rter+elm tam 83642• daouP PhOM -- tame � a3s " 570 Novnprber-9.2007 DzSeRUV 1pN FOB L•-0 ZONE .PBOMS19D 19DUCATION CAMPUS SWMXM NO.2 A portion of Lots I & 2. Block 1, end Eat Legh irgid Drive d&-ai- *ay, ofEdogdou Cetapcss Subdivision, as filed for record In Hook 86 of PIM at PageOW, records ofAda Coumy,, Nebo, and also•a portion ofNortb Locust Oam Road n way►, being located Jai ft Noft K of the SWN of Sactioa 32, Township 4 NartIN Range I Fant. BX, Merfdiaa. Ada County, Idaho, and mote particularly deaaibed as follows: Coag 21 the Went y4 corner of said Section 32. thence along the wed bouaduy of ibe 3W'/. of rnld Sa don 32 Soudr 00°31'04^ Weak 318.77 feat to the REAL. PoMr.OF BSGt %MG. Thence South 89'38'40" Ares, 433.73• feet; thence North 00'21'20" East, 267.76 fiat to a point on the centesfix of East Leigh Fick Drive; tiafte along wd c entafte: thenen South 89°34'35" Em%, -4U.39 feet'to.a point of c5avatum tbaooe.314.68 feet along the art of a curve to the.dgbt; odd curve furvmg a radius of 30Q.00 fact, a delta angle bf 60005155'+, and along chard beari;gg South S9'31'3T' East, 300.45 Peet to apoint of" ngeacy; them South 29°28'40" Bast, 3.2.7.24 feet to a point of Mvoure; tbance 119:41 feet along the tun of a ccitve to the Ie% said cttM lraviog a rad w of 300.00 feet, a delta angle of 22"47'29", and B 108 chord bearing South, 40°•52'2.5" 'East,1'18.55 Thence having said caukd6c South 37038'37" West. L51.60 fee; Thence South 00030'38" Nast, 301.00 foet Thdmm North 8903 8140" Wex4 fent to a point on do wed bo=dmy of the 'SW '/. of said Section 32; Pro.fisslbnof Larrd Srrrrayor.s Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Thom along mU Wept loundery Nor& Od°31'04" Seat. 698.34 feet to d14 AXNT OF R"Vo (;. Ca =kwg.a5.13 am- more or leo. OnVated $Y: Exhibit C Idaho Sur"y Ozow, P.C. Steven T. Haug, PLS • E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 FAbbit C IDAHO SURVEY 1450'EucWiw-wwmr3s swolso 14wwh ,w" 93662 GROUP .m4s6-P570 P* OM. U4 -.S3" November 9. 2007 OESCRIP1IQM FOR C-N.ZONZ PROPOSED EDUCATION CAMPUS SUBDIVISION NO.2 A portion of Lots 1 &-2, Slak 1, and East Leigh F4N Drive dghW- way, of Education Campus SubdMalon, se lied bf mowd In BookOO ofPk% ttt;Page 9804, mcbrds df Ada County, Idaho. and also a portlon o1North LocWt Grove Road fight-af-way, being locaw In the North % of the SW Y of t3OMM 32. Township 4 North, Range 1. East, B.M., Meddin. Ada County, Idaho, and more pardou" desOftied as fbilm : Commencing at the VVO % mw of eald Section 32,'thenoa along the west boundary of the SW % of aWd Section 32.&x M W31'0V Wag, 30.60 feet to a.point on the center" of East L.elgh Field Oda. the REAL POINT OF 13 010M. Thence along sold cefWine thence South 89.34'35' East, 63.61 fbet to a point of curvature; #once 99.09 feat along the am of a curve to the right, sold curie having a radius of 494.50 feat, a delle angle of 11.28'83', and a *V chord beafitg South BMW East, 68.92 feet m a pabd of reverse curvature; thence 101.19 feet along the arc of a cum to -the lett, seta come towing a mdlud of 6116.00 feet, a delta angle 6! 11'28'63", and a lore chord boa" South 83%WW Fmst,101.03 teat to a pointof tangency; thence South 89'34'38" .East, 140:39 feet; Thaace leaving mid m barft Somal 00°2112W West; 297.78 feast; Thence North W3814V West, 433.73 feat to a paint on the wast boundarY of the SW % of Said Boman 32; Profeoslon.al Lon•d Surveyors CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2006 Tbwm alon-iold• Went boundary North W?° 104' East, 288.28 feet to the POINT Of DEGINANWO. C'ohisih np 2.75•ame, more or im. Pnpued Br• Exhibit C tttehe btiavey a<o� R C, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4.2008 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone the subject property to L-0 (25.14 acres) and C -N (2.75 acres). The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please stye Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the commercial districts, which provides for service oriented needs of the community. Further, the existing use of the property as an education campus is a principal permitted use in both the L-0 and C -N zoning districts (see Section 10 of this report for more information). c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding - d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment should not result in away adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.l). This finding is not applicable to the subject rezone request. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-maldng body shall make the following findings. a. The plat bin conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public . services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4.2008 The City Council finds that public services are currently provided to the southern and eastem portion of the development where the existing structures are located and can be made available to accommodate the proposed development on the northern portion of the property. (See Exhibit B of the Staff Report for more details from public service providers) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement Hinds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Stats is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's . attention. AC) D considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. E The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the prvpwwd development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D • October 3, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT • October 7, 2008 ITEM NO. 6-Y REQUEST Change Order No. 2 with Knife River for Black Cat Trunk Sewer Phase 4 for $16,358.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Appr�� Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • Change Order No.: 2 Project Number: 0738a Date: 9/26/2008 Effective Date: CONTRACTOR: Knife River PROJECT: Black Cat Trunk Sewer, Phase 4, Schedule B&C The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) WCD No. 003 (Storm drain conflict resolution) ADD $1,870.00 2) WCD No. 004 - (Additional work required to complete project) ADD $14,488.00 Total $16,358.00 Reason for Change Order: Construction revisions as project proceeds. Attachments: 1) WCD No. 003 2) WCD No. 004 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $626,979.20 Original Contract Completion Date: 5/3/2008 Original Contract Completion Days: 5/23/2008 Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $12,021.08 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: 5/3/2008 $639,000.28 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: 0 $16,358.00 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: 5/3/2008 $655,358.28 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) By: �-� By: Date: Date. APPROVED: (CITY PURCHASI COUNCIL APPROVAL //yyT) / �/ By: Kith Date: a Watt Date: 1 v l ' Of _ ... \\``\���.` APPROVED: ATTEST: F By: Mayor ammy de W By: City Clerk, Ja ee Holman _ SEAL Date: �0 /Q Od Date: �O — 1� v�/ �",frn1116 IiAkkk • Memo To: Jaycee Holman; Tara Green; Kathy Wanner From: Max Jensen, Engineering Technician jensenm@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer E Date: 9/30/08 Re: Proposed Agenda Item for October 7, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October7, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Trunk Sewer, Phase 4, Schedule B&C (Construction) Change Order No. 2 Attached is Change Order No. 2 for changes/additional work required as construction progresses towards completion. This change order is for an additional $16,358.00 (Less than 1 % of the original contract amount). Recommended Council Action: The Public Works Department recommends that City Council approves the Change Order with Knife River for changes/additional work required as construction progresses towards completion of the Black Cat Trunk Sewer, Phase 4, Schedule BBC project. Thank you for your consideration. I will send original contract for your signature upon your consideration. Please contact me if you have any questions. • Page 1 SEP -26-2008 FRI 04:48 PM KniI*iver Southern. ID FAX N0. 208.5045 P. 02 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 2 Project Number: 0738a Date: 9126/2008 Effective Date: CONTRACTOR: Knife River PROJECT: Black Cat Trunk Sewer, Phase 4, Schedule BSC The Contractor is hereby directed to make the followings changes from the Contract Documants and Plans. Desclptlon: 1) WCD No. 003 (Storm drain conflict resolution) ADD $1,870.00 2) WCD No. 004 - (Additional work required to complete project) ADD $14,488,00 Total $16,358.00 Reason for change Order: Construction revisions as project proceeds. Attachments: 1) WCD No. 003 2) WCD No. 004 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $626,979.20 Original Contfact Completion Date: 5/3!2008 o Zal Contract Completion Days: 512312008 Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No, g to 0 No, 0 to 0 $12,021.08 0 Contract Price Prior to this C.O.: Conlract Completion Date before this C.O.: 5/3/2008 $639,000.28 Net Increase (decrease) of this C.O,: Net Days Increase (decrease) of this C.O.: 0 $16.368.00 Contract Price with all Approved C.O.'s; Contract Completion Date with all Approved C.O.'s: 5/3/2008 $655,358.28 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) By: ? 13y: Dale; `��� ((,, / Date' O APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date; Date: APPROVED: (CITY) ATTEST; By: Mayor Tammy de Weerd 6y: City Clerk, Jaycee Holman Date: Date; SEP -26-2008 FRI 04:48 PM Knif•iver Southern ID FAX N0. 2080045 C1 -1'Y OF MPR11AAN BLACK CAT TRUNK SFW FII, PKASE 4, SCHBDULES 8 & C ADA COUNTY, IDAHO WORK CHANGE DIRECTIVE No, 003 .DATE OF ISSUANCE 03/24/08 EFTECTIVE- DA"fF 03/24/08 OWNER City of Meridian CONTRACTOR Knife River Contract; Project-. _ Alacic Cat T�urlk Sewer Phase 4 Schedules B & C OWNER's Contract No. _ 0738 a F..NC fN'EER's Project No. 10-06-059 You arc directed to proceed promptly with the following change(s): Description; On Stoddard Road, at approximately STA 13+75, the existing 15" storm drain line was at same elevation as 1.0" sewer line being constructed perpendicular to the storm drain line. ACID gave permission to cut and restore storm drain line. See the attached skttch for the repair of the storm drain line. Purpose of Work Change Directive: To repair the cut of the existing storm drain line. Attachments: (List documents supporting change) If OWNER or CONTRACTOR belicvc that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ❑ Unit Prices ❑ Lump Sum w Cost of the Work -,45 • S 70. Ov Estimate ea a lecrcase) in Contract Price: )estimated increase (decrease) in ContractsLr U OU Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: __ days. authorization. RECOrENDED: AUTHORIZED: OW 8 PkT=X—CM11 NtANAGER Q �1�R FNGINEVR By: Dy: F_1CDCNo. '910-8-F� (1996 Edition) Ptepuraid by the Enpineam Joint Contmci McwtiomsCommillce and andored byTlie Assaciotcd General Contrumns of 81leric3and ttx CominLLGan Specirnvlions P. 03 SEP -26-2008 FRI 04:49 PM Kni�River Southern ID FAX N0. 2005045 Rosin, Jessee From., Max Jensen bensenm@meridiancity.org] Sent: Friday, September 26, 2008 2:23 PM To: Rosin, Jessee Subject: Black Cat Trunk Sewer, Ph 4, Schd B&C Attachments: WCD#3.pdf; CHANGE ORDER NO 2.xls Thank you for supplying a value for WCD No. 3. P. 05 Page 1 of I It appears that Knife River is charging the City of Meridian for the 12" PVC SD Pipe. I wanted to take this moment to review the shared costs associated with this joint solution between ACHD and the City of Meridian. ACHD agreed to: • Supply SD line from new 48" MH to existing SD MH on the west side of Stoddard. Pay for the re -channel and core of the existing MH on the west side of Stoddard, . Supply SD sleeve for SD line over new 10" sewer. . Pay for cost associated with sidewalk, curb, gutter repair/replacement associated with work. City of Meridian agreed to: • Pay for parts and labor for installation of the new 48" SD MH • Pay for labor associated with all SD line and sleeve installation supplied by ACHD. After talking to you this morning, you had informed me that you were going to just delete the $998.40 for the 12" PVC SD Pipe and charge us $1,870.00 total for WCD No, 003. Please find attached Change Order No. 02 that includes WCD No. 003 and 004, If you can revise WCD No. 003 with the corrected amount of $1,870.00, sign the attached Change Order No. 002 and return both to me by October 1, 1 can submit it to City Council on October 7 for execution before payment. Thanks Thank you Max S. Jensen City of Meridian Engineering Technician P 208.898.5500 F 208.896.9551 9/26/2008 SEP -26-2008 FRI 04:48 PM Kni lie iver Southern ID FAX NO. 208&045 P. 04 SEP -15-2008 MON 03:18 PM Knife4lver Southern ID FAX NO. 20850045 P. 02 CITY OF M F.RIDIAN BLACK CAT TRUNX SGWER. PHASE 4. SCHEDULES B k C ADA COUNTY, IDAHO WORK CHANGE DIREC 1'1VE No. 004 DA'L'E OFISSUANCE 04/15 OR EFFECTIVE DATE 04/15/09 OWNER City of Meridian CONTRACTOR _ _ knife fiver Contract: Project: _ Black Cat Trunk Sewer. Phase 4. ScheduJes _f3& C OWNER's Contract No. 0738 a ENGINEER's Project No. 10-06-059 You aredirected to proceed promptly with the following change(s): Description: As part of the existing contract, the 12" SS in Bear Creek Park (adjacent to Stoddard Road) was to be abandoned form Kodiak Drive to the abandoned lift station. 1. Sheet 3 of the contract plans has one manhole on Kodiak 1Drivc - Orout in rhe abandoned 12" SS channel and grout in the abandoned 12" SS line 18" back into pipe. 2. Sheet 3 of the contract plans has a manhole at approximately STA 11 +92 - Removc cone section and fill manhole with material (pit run, drain rock) to support 8" top soil without settlement. Piave 6" top soil and blend into existing grade with new sod. 3. Sheet 8 of the contract plans has a. manhole at approximately STA 3+08 - rill manhole with drain rock. 4. There is an existing 4" SS from the Bear Creek restrooms to the abandoned 12" SS. The 4" SS is to be tied into the new 10" sewer (see attached detail). Purpose of Work Change Directive: Changes as the project progresses toward completion. Attachments: (List documents supporting change): JLJB sketch for 4" SS tic -in on Stoddard Road. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract- Documents. ontractDocuments. Method of determining change in Contract Price: ■ Unit Prices Lump Sum ❑Cost of the Work decrease) in Contract Price: S m�.— If the a ange involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) in Contract Times: Substantial Completion: 01-' days; Ready for final payment: —- days. RECOMMENDP. AUTHOI.t ED: J CCT MANAGER (H 'E By: By: I+nt Q o s� �— F_JCDCNa. 19'10-13-F (1946 ition) Pteparod'by the Hnaineem loin! Comma Docurretite Cnmetucc mul endamcd by The Amsoeioted General Cmanctors or America and the Construct =SpeeirOm s 1mtituta SEP -15-2008 MON 03:18 PM Knife r Southern ID ■ 14II FE RIVER AN MDU RESOURCES COMPANY SOUTHERN IDAHO DIVISION 5450 W. Gowan Road Eloise, 10 93709 (208) 362-6152 (208) 362,51 go FAX September 10, 2008 Max S. Jensen City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 FAX NO. 2085645 Re: Black Cat Trunk Sewer, Phase 4, Schedule B & C Subject: CAR. #5 — WCD No. 004 Sewer Extension Dear Max: Knife River requests a change order for the following additional work. P. 01 www,kndarivaT.com At the request of the City of Meridian, a new 4" Sanitary Sewer Service was installed for the Sear Creek Parks Restroom Facility as per WCD No. 04. Extend 4" Service 1 Mobe EA @ $6,810.00 $6,810.00 1 AC Patch 480 EA SF @ @ 805.00 $805.00 Traffic Control 1 RS @ 5.00 1,190.00 $2,400,00 $1,190.00 Grout Manhole 1 EA @ 598.00 $598.00 Remove MH Cone 1 EA @ 543.00 $543.00 Repair Sidewalk 20 Sod Restoration LF @ 20.70 $414.00 40 LF @ 43.20 $1,728.00 Total: $14,488.00 If you have any questions or comments, please contact me. Sincerely, �es'sce Rosin Project Manager UAB1uak Cat Tnink Sfty, P144, Sch B&C • *76066=R\#4 . Add 60 Mi hdoc October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6-Z REQUEST Cooperative Agreement for Water Main (U'PRR Crossing) at Lewis and Clark Middle School for a Cost Not to Exceed $71,700 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: A�pv/e, 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • COOPERATIVE AGREEMENT • cIc WATER MAIN (UPRR CROSSING) AT LEWIS AND CLARK MIDDLE SCHOOL THIS AGREEMENT made this'/ day of , 2008, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and _MSSB Enterprises LLC., An Idaho Limited Liability Company, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct improvements that require the installation of water main both on the DEVELOPER'S land, and on land adjacent to the DEVELOPER'S land in order to provide adequate fire flows; WHEREAS, the CITY had previously designed a project to provide water main to connect areas adjacent to the DEVELOPER'S land prior to the DEVELOPER'S project; WHEREAS, simple modifications to the CITY project have been made that make the CITY'S project smaller, but still satisfy the CITY'S desire to connect in the area and the DEVELOPER'S requirement to connect to adjacent land to provide adequate fire flows; WHEREAS, due to timing, constructability of connections, and economy of scale, it will be mutually beneficial for the DEVLOPER to build both his. on site water line and the CITY'S water line projects at the same time; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the CITY'S project of Water Main (UPRR Crossing) at Lewis and Clark Middle School, hereinafter called "Project", subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. CITY has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the Project, shown on preliminary plans (hereinafter called "Exhibit `B") including rights-of-way, grades and elevation, and materials used in the construction and installation of said Project. B. Solicitation of Bids. DEVELOPER shall coordinate a public bidding process with CITY's Purchasing Agent. The bids shall be administered in accordance with State of Idaho public biding laws and COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 1 of 8 A / pursuant to CITY's purchasing policy. DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. C. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the successful bidder be licensed as a public works contractor. 2. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 3. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 4. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 5. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 6. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 7. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY. E. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 2 of 8 Av 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. Easements will be obtained and funded by the CITY. F. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct the Project, as shown on Exhibit "A" the approved construction plans dated August 1St, 2008, it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. DEVELOPER shall fund 100% of the cost of the Project, including approved change orders, estimated at $71,700.00 with reimbursement from the CITY in accordance with the provisions of this Agreement. G. Construction of the Project. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER shall obtain and/or provide all contract administration necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. H. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect the amount of the change order. I. Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 2. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 3. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 3 of 8 V • • 4. Upon completion of the Project, CITY shall issue an approval letter accepting ownership to DEVELOPER. J. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because the DEVELOPER shall install, construct and erect domestic water system as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER 100% of the construction cost, including avproved change orders, estimated at $71,700. �a ent shall be made to the DEVLOPER no more a er acceptance of the Project an a is agreement have been fulfilled. If payment is not i in this time period t e amoun t at er month. to 1h K. Water and Sewer Lines on DEVELOPER's Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to in by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. L. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to water and sanitary sewer systems. M. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until City accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 4 of 8 • 0 of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. N. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. O. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. P. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 5 of 8 ' Meridian, Idaho 83642 DEVELOPER: MSSB Enterprises LLC PO Box 1265 Meridian, ID 83680 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. R. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. T. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. U. Definition of DEVELOPER's Property. The term "DEVELOPER's Property" in the Agreement shall mean Lot 5 of Porky Park #2 Subdivision. V. BindingEffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. W. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. X. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make.audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 6 of 8 P 0 Y. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: MSSB Enterprises, LLC iooftwd Name (printed) Title Sinatur Date CITY: BY: ��� ' E 0�0' 'CAMM� e WEERD, MAYOR Date Attest: \\��..��,{ p M/�9'%,���` t,` o °R4 , , CITY CIS SEAL . �® �N'T� COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT - Page 7 of 8 w STATE OF IDAHO ) ss County of Ada ) On this day of ,2008 before me the undersigned, a Notary Public in and for said Slate, personally appeared g!A mzZg_ , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •'' D. .W• •'yF,iG : 0t,���k � �••�pTAR- j, puatiti� STATE OF IDAHO ) ss County of Ada ) Notar Public For Idaho ing at: Commission Expires: On thisday of X2008, before me the undersigned, a Notary Public in and for said State, p sonally appeared TAMMY DE WEERD and Wt'ttiAivI-f'. J" ce e. R, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who l�olw.n n executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �0009....•• 07',� Notary Public For Idaho ;� o Residing at: Cc o p4 �, Commission Expires: o .y Ic °°;Few-• o (1 �° COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 8 of 8 /'" Le zin- WIGI SN`?d Nouon&SNOO LrofB oNv.%N z)asMoan- um amsaoxaeans am GM saaaMONa oana7asNoo OH`ddl `AiNnoo Yov`NVI41213Wtrrvi�nsxoo aanxns MA3� 700N7! naatw MtlYYJ aNv 111N*1 tY N M �acaa sNanvaa ip1 NiIY a 6 s �CI—Noo� axva„rooaa�re,� ' avam NooNwrw®ae 0 U d �e 5' e� ens =m �''{� m B$ . 3. 6 � I ' a�r� pill 3Lg�� s�9 8545e� �88�5 a ii $ Sg 5 SiY g ?€ a ZD A Z 5JE a °Ogen° avi^° �'8c Ed g•g ; FE&8 55 s p gam'Na`4 S� °e Sg FSS sa���� j Z was 9 �g9 V;ji 5�£8 Q B yr.... 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Asa & €�Y �a s j-xH (t3 f T- At A A& L,f -BB wr) oOo0�aL11,5�UItl311 qw *IOOH* < anal l Mibi* GNV SIAM M lmOixi e 13]tlL5 tl3MOltl]1YM 1bY! 1pYl sHO ams a)m ONV SH3aMONH ONUMSMOO 'SINVITlISNOD jd Nn/w UBLVM n mo w,•"< S M���m HVIQEN d0 A.Ll* I>l 'SNI A3AHfIS 'IIAID 3 a 4 - C H "" stl, -iRil�wmnaa� syrnn,�ymw3wmva R 4 arvu,yoanMrw¢amle R. ��tYkR3'j e S o FF I F gg 13 G e p .Ids, � II I S o Ip P tii &o a 61 k� 3 � J r Iyonn, i n avM-eo-untl aoawa awna 33 9� . • City of Meridian Public Works Dept. Memo To: Jaycee Holman; Tara Green From: Kyle Radek CC: File • RECE-rVED OCT 0 2 2003 A �� CIe"I Office Date: October 1, 2008 Re: Proposed Agenda Item for October 7 City Council Meeting The Public Works Department respectfully requests the following item be ,placed on the October 7 City Council agenda, Public Works Department Reports, for Council's consideration: Cooperative Agreement for Water Main (UPRR Crossing) at Lewis and Clark Middles School: Recommended Council Action: The Public Works Department recommends that City Council approves the Cooperative Agreement for Water Main (UPRR Crossing) at Lewis and Clark Middle School for a cost not to exceed $71,700 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 • COOPERATIVE AGREEMENT 1] WATER MAIN (UPRR CROSSING) AT LEWIS AND CLARK MIDDLE SCHOOL THIS AGREEMENT made thisL� day of , 2008, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and MSSB Enterprises LLC., An Idaho Limited Liability Company, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct improvements that require the installation of water main both on the DEVELOPER'S land, and on land adjacent to the DEVELOPER'S land in order to provide adequate fire flows; WHEREAS, the CITY had previously designed a project to provide water main to connect areas adjacent to the DEVELOPER'S land prior to the DEVELOPER'S project; WHEREAS, simple modifications to the CITY project have been made that make the CITY' S project smaller, but still satisfy the CITY'S desire to connect in the area and the DEVELOPER'S requirement to connect to adjacent land to provide adequate fire flows; WHEREAS, due to timing, constructability of connections, and economy of scale, it will be mutually beneficial for the DEVLOPER to build both his on site water line and the CITY'S water kine projects at the same time; WHEREAS, upon. recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the CITY'S project of Water Main (UPRR Crossing) at Lewis and Clark Middle School, hereinafter called "Project", subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. CITY has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the Project, shown on preliminary plans (hereinafter called "Exhibit `B"), including rights-of-way, grades and elevation, and materials used in the construction and installation of said Project. B. Solicitation of Bids. DEVELOPER shall coordinate a public bidding process with CITY's Purchasing Agent. The bids shall be administered in accordance with State of Idaho public biding laws and COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 1 of 8 pursuant to CITY's purchasing policy. DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. C. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the successful bidder be licensed as a public works contractor. 2. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 3. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 4. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 5. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 6. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 7. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY. E. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1.. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 2 of 8 r" ` • • 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. Easements will be obtained and funded by the CITY. F. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct the Project, as shown on Exhibit "A" the approved construction plans dated August 1St, 2008, it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. DEVELOPER shall fund 100% of the cost of the Project, including approved change orders, estimated at $71,700.00 with reimbursement from the CITY in accordance with the provisions of this Agreement. G. Construction of the Project. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER shall obtain and/or provide all contract administration necessary for -the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. H. Change Orders to -Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect the amount of the change order. I. Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 2. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 3. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 3 of 8AZ 0 '9 4. Upon completion of the Project, CITY shall issue an approval letter accepting ownership to DEVELOPER. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because the DEVELOPER shall install, construct and erect domestic water system as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER 100% of the construction cost,. including approved change orders, estimated at $71,700. One payment shall be made to the DEVLOPER no more than 30 days after acceptance of the Project and all other obligation under this agreement have been fulfilled. If payment is not received with in this time period the amount due shall bear interest at 1.5% per month. K. Water and Sewer Lines on DEVELOPER's Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. L. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to water and sanitary sewer systems'. M. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees; guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until City accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless, CITY from, and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 4 of 8 • of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. N. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. O. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such. default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. P. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer j City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave.. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 5 of 8 • k • Meridian, Idaho 83642 DEVELOPER: MSSB Enterprises LLC PO Box 1265 Meridian, ID 83680 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. R. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. T. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. U. Definition of DEVELOPER's Property. The term "DEVELOPER's Property" in the Agreement shall mean Lot 5 of Porky Park #2 Subdivision. V. BindingEffect. ffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. W. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. X. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 6 of 8 / • 1 • Y. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. ' IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: MSSB Enterprises, LLC R,ow F -'"l � . �Icu"+ WSIW7- Name (printed) Title 'g. Signator Date CITY: ON TAMMY de WEERD, MAYOR Date Attest: WILLIAM G. BERG, JR., CITY CLERK COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 7 of 8 Al STATE OF IDAHO ) ss County of Ada ) On this day of b ,2008 before me the undersigned, a Notary Public in and for said Slate, personally appeared _ PA known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. esa D. �• P���`� °j.4T3e OF tp..•' STATE OF IDAHO ) ss County of Ada ) Notes' Public For Idaho ,RtAing at: Commission Expires: 7 / --XD/ e7 On this day of ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 8 of 8 N • >t� x 5�+ ;Is -- `: 9/16/2008 Water Main Crossing at Lewis and Clark Middle School Contractor Boring Water. Landscape Tap Casing Storm Total Main Water JBBJ $ 24,000.00 $ 34,359.00 $ 2,060.00 $ 800.00 $ 4,922.00 $1,500.00 $ 67,641.00 Superior $19,239.00 $ 22,403.83 $ 927.00 $ 400.00' $ 10,700.00 $1,000.00$ 54 66983 Schmidt $ 28,454.00 $ 27,311.00 $ 4,1.20.00 $ 450.00 $ 107.00 $ 2,545.00 $ 62,987.00 Sommers $ 21,000.00 $ 28,192.00 $ 7,210.00 $ 1,650..00 $ 21,400.00 $ 5,000.00 $ 84,452.00 Misc. Items JBBJ Superior Schmidt Sommers Temp Fence yes yes yes yes Fence Repair yes yes yes yes Compaction Test yes yes yes yes Dewatering yes yes yes yes Permits (City) no no no no . City to Pay SSCP yes yes yes yes Connect to Existing yes yes yes $3,000 ea. Valves no no no $1,500 ea. CO if required fire hydrants no no no $4.,000 ea. CO if required Reuse blow off yes yes yes yes Permits (UPRR) no yes yes no Bond no no no 2% of total CO if required General Requirements7', `_ s Surveying $ - As built/Record Drawings Survey $ - Construction Management / Contract Admin $ 7, 500.00 Rest Room $ 105.00 Total $ 62,274.83 Contigency @ 15% $ 9,341.22 Total Cost $ 71,616.05 NOTE: City to coordinate and pay for all easements with the school dist & UPRR if required. CO =Change Order Page 1 of 1 Uy-'IS—U�;U3:15PM; # o SUPERIOR CONSTRUCTION & EXCAVATION INCORPORATED DATE: September 15, 2008 TO: Northside Management ATTN. Mike McHargue FROM: Jerry PAGES (Including Cover Page) 6 COMMENT: 1) Water Main Grassing at Lewls & Clark Middle School Bid 2) Meridian Storage Condos Proposal Please Call If You Have Any Questions. Jerry 884-4011 office 871-7691 cell a errvCCDsuperiorconstructlon cc ;P.O. BOX 455 MERIDIAN M. 83680 OFFICE (206) 664-4011 FAX: (206) 664-5060 FAX: 938-0340 v'-?5-0e;0,2:15PM,; # ti 6 BID SCHEDULE OF ITEMS AND PRICES The undersigned Contractor hereby agrees to construct the Water System Improvements at Lewis and Clark Middle School in accordance with the plans and the latest. edition of the City of Meridian Standard Specifications and Drawings, and Idaho Standards For Public Works Construction including Ada County Highway District Supplements. The bid prices shown shall include all labor, equipment, tools and materials required for a complete and workable installation. The bid prices shown shall include sales tax and all other applicable taxes and fees. Quantities shown are estimated. and may vary during construction. The Contractor shall provide complete insurance as required by the City of Meridian and shall be responsible for obtaining and paying for all permits. Item No. Estimated -Quantity Unit Item Description With Unit Price Written in Words Unit Price Bid Bid Item Total 308.4.1.6.1. 1 LS PIPE BORING AND JACKING 19 239, 6D l 9 239, OD r AwE Dollars 401.4.1.A. 881 LF 10" PVC, AWWA C900; CLASS 150, DR 18, WATER MAIN :?Z;., 7V -111e P -41X A." 14:�-r �r�rJ-eal+ofs LAWN SOD RESTORATION SP -1 2060 SF Z S, �3 ZZ X03, p3 Fry �S 9Z7, o0 SP -2 1 EA TEMPORARY SAMPLE TAP f'Olti[ i�u�ptlO 00 Dollars SP -3 107 LF 20"0 3/8" THICK STEEL CASING PIPE ���� Ale W11i 141.rIO ILV 00 �Q �0, DD Dollars SP -4 1 LS STORM WATER MANAGEMENT !/w/fH'P,X /O Dollars TOTAL OF BID $ Vv-IS-V� U�;1b�M; # 3J o The Bidder understands that quantities listed are approximate and the Owner reserves the right to increase or decrease individual items as may be, in its sole judgment, to its best interest depending upon conditions encountered or observed during the execution of the work, Respectfully Submitted: ignature ChaV _Zee Na a (printed or typed) Title'(printed or typed) f-151- O.P Date Attest (for bids by corporations): Sign ure (by Corporate or Assistant Corporate Secretary) Name: (Typed or printed Title: e-.,- Firm: a Firm: it^�1er;or (n By: Ju/�l�vl Gw�l .�cTlo.✓ Name of Company Ao 6ar AA Address mew License Number._ Seal (If Bid is by..9 Zorpo?Ooa)) Date: S Business Address: _/� a . 43 o>r ,d;c Xtp rraG o Telephone Number: gg4 rr9-y - you Fax: �Wj > r- 6-0&1!5 Public Works License Number:ions �9-tilr'�?� oy3v 0,2a) t 6PASW) Contractor's representative to contact regarding this bid: Terey -Atc- Sep 1� 2008 4:30PM Schm'dt Construction 208 -if -7286 p,1 SCHMIDT CONSTRUCTION ( 2 0 8 ) 3 6 2 - 7 2 2 7 * F A X : ( 2 0 9 ) 3 6 2 - 7 2 8 6 rAGSIMILE TRANSMITTAL SHEET TO: FROM: Mike Pete Wilson 208-941-4088 COMPANY: DATE: Northside Management 9/15/08 FAX NUMBER: TOTAL NO. OF PACES INCLUDING COVER: 938-0340 3 PHONE NUMBER; SENDER'S RBFBRENC B NUMBER: RE: Lewis &Clark Vaster YOUR REFERENCE NUMBER: ❑ URGENT X FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Mike, Please see the following proposal for the Lewis & Clark Water Main project. I have included 1045.00 for railroad crossing agreement, please take this into consideration when looking at the bids. I have also spoken with ID Power regarding Title 55,Chapter 24 of Idaho Code, the rules & rags for working in close proximity to high voltage lines. We are good to go with them. Thanks Pete Wilson Schmidt Construction 941.4088 c 362,7227o 362.7286 f peterwiIson5@cablcone.net 4662 142NRY %T.• SUITc 9• Boisr_, 1D 83705 Sep 15 2008 4:3�OPM SchMW Construction 208-3fo-7286 p.2 BID SCHEDULE OF ITEMS AND PRICES The undersigned Contractor hereby agrees to construct the Water System Improvements at Lewis and Clark Middle School in accordance with the plans and the latest edition of the City of Meridian Standard Specifications -and Drawings, and Idaho Standards For Public Works Construction Including Ada County Highway District Supplements. The bid prices shown.shall include all labor, equipment, tools and materials required for a complete and workable installation. The bid prices shown shall include sales tax and all other applicable taxes and fees. Quantities shown are estimated and may vary during construction. The Contractor shall provide complete insurance as required by the City of Meridian and shall be responsible for obtaining and paying for all permits. Item No. Estimated Unit Item Description Unit Price Bid Item Quantity With Unit Price Written in Words Bid Tote 308.4.1.8.1. 1 LS PIPE BORING AND JACKING 2 1,1451-H t+(;7y Er 4A 7 -"S' -L Gx,- � 401.4.1.A.1. 881 LF 10" IAVC, AWWA C900, CLASS 150, DR 18, WATER MAIN Dollars SP -1 2080 SF LAWN SOD RESTORATION T�bI/ 2 • CX0 y12O, Dollars SP -2 1 EA TEMPORARY SAMPLE TAP y so. "" Dollars SP -3 107 LF 20"0 3/8" THICK STEEL CASING PIPE Dollars SP -4 1 LS STORM WATER MANAGEMENT rwa,, , �,.. t^,.� t-�._, a d -, Dollars TOTAL OF B1 74UrJS G^ N D$ "rS Sep 15 2008 4:30PM Son* dt Construction 208-30-7286 + p.3 The Bidder understands that quantities listed are approximate and the Owner reserves the right to Increase or decrease Individual items as may be, in its sole judgment, to its best interest depending upon conditions encountered or observed during the execution of the work. Respectfully Submitted: 01 Signature Name (printed or typed) ccs %"A e--'+ Title (printed or typed) v 9 Date Attest (for or orations): By; Signature (by Corporate or Assistant Corporate Secretary) Name: )�rl^o c�,�-•-, (Typed or printed Title; s C f Firm: By: Name of Company x -'F—Z Address S 3-70 ;, License Nurribef Seal (If Bid is by a Corporgturt) :: Date: % r/F.) Business Address: qi®� •-� �,. f • sem . �0 1 .�- $ 3�� 9 Telephone Number: f )Z _% Z Z Fax:( 4, Public Works license Number: _ � 69a 6 -AAA - I 7) Contractor's representative to contact regarding this bid: 1 f o 1 09/15/2000 15:39 f 2083432512 JBHJ Enterprises LLC. RO. BOX 5424 EOISE,ID 83715 208-343-2472 phone 208-343-25-,2 fax 208-695-8005 mobile ' IDAHO PUBLIC WORKS LICENSE # 14566 -AA IDAHO CONTRACTORS LICENSE # RCE -4'594 E-MAIL jerod@jbbjllc.com n WILLTRAN JBBJ • PAGE 01/03 TO: MINE From: Jerod Williams Fax: 938-0340 Pages: 3 W/COVER Phone: Dates Re.- CC: ❑ Urgent ❑ For Please Comment O Please Reply ❑ Please Recycle • Comments: HERE IS JBBJ LLC'S BID PROPOSAL FOR THE UPRR WATER LINE CROSSING. THE ATTACHED PRICE DOES NOT INCLUDE THE RIGHT OF WAY PERMIT AS THAT COST WAS NOT AVAILABLE AT THE TIME OF BID. 09/15/2008 15:39 2083432512 WILLTRAN,JBBJ PACE 02/03 BID SCHEDULE OF ITEMS AND PRICES The undersigned Contractor hereby agrees to construct the Water System Improvements at Lewis and Clark Middle School in accordance with the plans and the latest edition of the City of Meridian Standard Specifications and Drawings, and Idaho Standards For Public Works Construction including Ada County Highway District Supplements: The bid prices shown shall include all labor, equipment, tools and materials required for a complete and workable installation. The bid prices shown shall .include sales tax and all other applicable taxes and fees. Quantities shown are estimated and may vary during construction. The Contractor shall provide complete insurance as required by the City of Meridian and shall be responsible for obtaining and paying for all permits. Item No. Estimated Unit Item Description Unit Price Bid Item Quantity With Unit Price Written in Words Bid Total 308.4.1.8.1. 1 LS PIPE BORING AND JACKING 00 an y � � y,00 t Twerj4X roar fAmu.s C. O Dollars 401.4.1.A.1. 881 LF 10" PVC, AWWA C900, CLASS 150, DR 18, WATER MAIN3q,3 o^a 00 g 11 Dollars SP -1 2060 SF LAWN SOD RESTORATION D� Oo Doe. d o/%, Y 4,,,,t 4� Dollars SP -2 1 EA TEMPORARY SAMPLE TAP as Dollars SP -3 107 LF 20"0 3/8" THICK STEEL CASING O0 PIPE y6� q� Dollars SP -4 1 LS STORM WATER MANAGEMENT 00 nrf) 5 o p r Owe. - XO -30.,,j ��,,cQteeJl 7 Dollars TOTAL OF BID $ 61 6 UPR A 09/15/2006 15:39 20'63432512 WILLTRAN JBBJ • PAGE 03/03 + The Bidder understands that quantities listed are approximate and the Owner reserves the right to increase or decrease individual items as may be, in its sole judgment, to its best interest depending upon conditions encountered or observed during the execution of the work. ResActfully�Submitted:� Signature Name (printed or typed) 2 wr �>✓� Title (printed or typed) -/s-o$ Date Attest (for bids by corporations): By: Signature (by Corporate of Assistant Corporate Secretary) Name: (Typed or printed) Firm: Business Address:®. �oX s7oZ By: \IJ 0 �� C Name of Company �. /Sox S y q Address Sr-j�r License Number Seal (If Bid is by a Corporation) Date: Telephone Number: 3 2 7 T 9 Fax: Public Works License Number: /1q5ti6 _A4 Contractor's representative to contact regarding this bid: i - 6y S - r610-5 aAE7 SOMMER Copy via email to Scott Noriyuki [scoff@nodhsidemgtcomj. September 15, 2008 NORTHSIDE MANAGEMENT ATTN: Scoff Noriyukl 738 S. Bridgeway Place, Suite 100 Eagle, Idaho 83616 SUBJECT: BID PROPOSAL FOR WATER SYSTEM IMPROVEMENTS — LEWIS 8 CLARK MIDDLE SCHOOL To Whom It May Concern: This proposal includes the construction of 10" domestic water main as shown on.plans by Quadrant Consulting, sheets C3.0 -- C3.1 dated 8728108 and as described on Bid Schedule of Items and Prices provided to SCI by your company. GENERAL CLARIFICATIONS: ' Engineering, ;permit fees, construction survey and staking, cost for plans, lot grading, street signage or lighting, cost for nighttime/overtime inspections, rock or hardpan excavation, and offsite haul off of spoils are excluded from this proposal. Any and all removal or handling of hazardous, unsuitable and/or contaminated material or foreign objects is excluded from this bid proposal. No import backfill for pipelines included except pipe zone bedding. No bond is included with this proposal. If a bond is necessary, please add 2% to the proposal total. ALTERNATES: No hid item is shown for fire hydrants; please add $4,000 per each should the Owner elect to have SCI install fire hydrant(s). No bid item is shown ter 10° gate valves; please add $1,500 per each should the Owner elect tc have SCI install 10° gate valve(s). No bid item is shown for connection of 10" main to existing; please add $3,000 per each should the Owner elect to have SCI install connection(s) of 10" main to existing. TERMS: Mutually agreed upon payment and construction schedule. This proposal is valid for 10 business days from above date. Thank you for the opportunity to provide you with a proposal for subject project. Respectfully Submitted, Andy Erquiaga Estimator/Project Manager 16200 N. 20th • Nampa, ID 83687 Phone (208) 465-4778 - Fax (208) 465-4788 P.W. # 12205 -AAA -1-2 B.O.L. # RCE -83 BID SCHEDULE OF ITEMS AND PRICES The undersigned Contractor hereby agrees to construct the Water System Improvements at Lewis and Clark Middle School in accordance with the plans and the latest edition of the City of Meridian Standard Specifications and Drawings, and Idaho Standards For Poblic Works Construction including Ada County Highway District Supplements. The bid prices shown shall include all labor, equipment, tools and materials required for a complete and workable installation. The bid prices shown shall include sales tax and all other applicable taxes and fees. Quantities shown are estimated and may vary'during construction. The Contractor shall provide complete insurance as required by the City of Meridian and shall be responsible for obtaining and paying for all permits. Item No. Estimated Quantity Unit Item Description With Unit Price Written in Words) Unit Price _Bid_ Bid Item _Total _ _ 308.4.1.B.1. 1 LS PIPE BORING AND JACKING oa Zt000� a. t c©p^ i�+eN�-•t O r� r-u� �-J MyD _ Dollars 401.4.1.A.1. 881 LF 10" PVC, AWWA C900, CLASS 150, DR 18, WATER MAIN eo 3 2- 2Ii�/ Eq L Dollars SP -1 2060 SF LAWN SOD RESTORATION 3 -7-2-1 ®s� — Dollars SP -2 1 EA TEMPORARY SAMPLE TAP SCS r DSC Mow1 A-*SS7 f t X h�r'flP-FD ' _ Dollars SP -3 107 LF 20"0 3/8" THICK STEEL CASING PIPE Tom'' p 14 iwAe-t9 _ toff! ZIP X00 Dollars SP -4 1 LS STORM WATER MANAGEMENT eo 00 SUoOr _- $Z»J VE- 71'10 ".$Ih'.P _ Dollars TOTAL OF BID October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6 -AA REQUEST Approve Beer & Wine License Application for McTime Coffeehouse at 2951 East Overland 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: Emailed: See attached Approve, Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. a-tr— i5(-? BEER and WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST OiO-e — -T For Internal - Office Use Only: Applicant: McTime Coffeehouse Inc. Business Name: It's All About You Catering & McTime Location: 295.1. E. Overland Rd. #100. Meridian Idaho 83642 License Type: [X] Beer [X] Wine [] Liquor - (wine included) Application / File Fee: New Beer License (sold/served) $200.00 and New Wine License (sold/served) $200.00 Total $400.00 Receipt No. 14464 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: ;PO/ Signature Date Fire Department: Fire Chief Approval: �a COOP Signature Date Planning. Department: Planning Director Approval: . A;eG[ Signature Date Public Works Department: Development Services Manager Approvals ���� Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is tentatively scheduled to be approved on the Tuesday October 7th, 2008 City Council Agenda. THANK YOU. 4P& O O n Z co CD SEE REVERSE SIDE FOR SALE OR TRANSFER OF THIS LICENSE G A p CD zz Z zz (0 C O Q �,iJ�iIJJ)) ti A (D s o A D S- 44 cn _ a coo CA CD A y .� — °� D N cD CT a O Lw. Q. y. o �. D tU c� O ti c� C7 c = N N C co. col C2.� --% 3 r �' CD m �. �:A o n O M b' (C o -�- CL '� m NCD O cn N N Z cl) ._ �. ........ CD 3 cr CD CL CD 0) = 3 -4 N m l „all -� (o m ciawidsio Aisno IOidSNOO 381Sf1W 3SN3011 SINI �5x;r,,0w_r M. N C CD CD .-r W Cn -0 � O . -, `G � - Oh r m' �O CD M 0. CD cn ZT n � N O �. cn N CD c _: �..'. O:. 0 0 cD D m � m r v, Z X 0 M m m cw CD .:m cn. cn: ..m. cn. CD (A CD cn 0 90 N iCgn o: o o: G A p CD zz Z zz (0 C O Q �,iJ�iIJJ)) ti A (D s o A D S- 44 cn _ a coo CA CD A y .� — °� D N cD CT a O Lw. Q. y. o �. D tU c� O ti c� C7 c = N N C co. col C2.� --% 3 r �' CD m �. �:A o n O M b' (C o -�- CL '� m NCD O cn N N Z cl) ._ �. ........ CD 3 cr CD CL CD 0) = 3 -4 N m l „all -� (o m ciawidsio Aisno IOidSNOO 381Sf1W 3SN3011 SINI M. r m' 0. T1 �. 00` _: �..'. O:. D cD m m v, Z X 0 G) 90 G A p CD zz Z zz (0 C O Q �,iJ�iIJJ)) ti A (D s o A D S- 44 cn _ a coo CA CD A y .� — °� D N cD CT a O Lw. Q. y. o �. D tU c� O ti c� C7 c = N N C co. col C2.� --% 3 r �' CD m �. �:A o n O M b' (C o -�- CL '� m NCD O cn N N Z cl) ._ �. ........ CD 3 cr CD CL CD 0) = 3 -4 N m l „all -� (o m ciawidsio Aisno IOidSNOO 381Sf1W 3SN3011 SINI 0 Mayor Tammy de Weerd City Council Members: E IDIANECEIVED Keith Bird Joe Borton SEP 2 5 2008 Charles Rountree IDAHODavid Zaremba City Of iVMeritiian City Clerk Office APPLICATION FOR NEW WINE LICENSE APPLICATION YEAR Z©&�K (1) Application is hereby made for a license as a Retailer Only Of Wine and fee in the sum of $ d-00, yO is enclosed. (Retailer- $200.00) Name of Business '(�(� e Q - Address ZC15\ E Ooes\. QA Phone %R5R6–�55kp Type of Business Lr-)N_S�Ks< (Insert: Corporation, Individual, Partnership, etc.) Name of Applicant ��� Address Phone �%­) - 6S S 1 Address of Premises 7A—_5\ C l�ve�\cam Qr� esn c , Street Address city County (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage: $ leased rented Owner of building is � `� - ` !` a o A Name andAddress Person holding mortgage on premises is Name and Address Fixtures -in the premises are of the value of $ and are (check one): Owned Held on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: Name and Address City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 . www.meridiancity.org • r� L .If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: Registered Offi Name of Manager of Corporation: J Manager of Corporation became a resident of Idaho on: \q� (; Q Names of all officers and Board of Directors of Corporation: If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): 1. 2 4 5. 3. 6 STATEMENT AND OATH OF PERSONAL.QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY 1,afh �,� , being first duly sworn on my oath and say: That I reside at Z32-6 �J'�2— that I became a bona fide resident of Wine License Application Page 2 of 4 • 0 Idaho on I Wlu : that 1 am connected with the above named applicant as: Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No: 15 A I or Malt Dealer's Stamp No. (if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation Wine License Application Page 3 of 4 E That I am a citizen of the United States: (if naturalized, give number & place) (If wholesaler, cross out the following line) That I am not an official, agent or employee of any distillery, winery, brewery, of wholesaler or jobber of liquor or malt beverages. STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this _ day of ID, M, before the undersigned, a Notary Public in the State of Id ho, personally appeared Li , known to me to be the person who executed the said instrument, and acknowledged to me that he / she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and. year in this certificate first ab v written. �`o0iVB101010110/// ° t ���`�\\\\P�\E L.es .G/t (SEAL ,*S* Notary uplic for Idaho * z - Residing at Udke , Idaho '* My Commission Expires: b1.13 -Wil - PUBLIC ///II11111111N�� False statements in this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Wine License Application Page 4 of 4 T a o O � y, N C y C O O R L O H 00 r o U U o U ° 00 N ti qe 00 ►.r R O L u C 7 p M O O N v L o C � a+ M Otn cc O zW o •� O col• ,U G. y• ,.� A _V]: y v C7 R Off` � ° O CN w GO Q L cd r U Q R (zz O ftS - O w A co aan3m T • 0 Mayor Tammy de Weerd —City Council Members: E IDIA I Keith Bird Joe Borton I DA HO SEP Z 5 2008 Chars Dav d Zaremba City Of Meridian City Clerk Office c22z-,1F- I qq(oq APPLICATION FOR NEW BEER LICENSE APPLICATION YEAR 7, (1) Application is hereby made for a license as a Retailer or Peckage Vendor Only Of beer and fee in the sum of $ c'C)d° U 0 is enclosed. Name of Business �e,r\e C 5�%Q -Scar Address 79�b\ 1E, Phone %Q3-S�S�o Type of Business R �� �c•,ccc ��� (Insert Corporation, Individual, Partnership, etc.) Name of Applicant Address Z:!52 .o R� �,&&2 Phone '6b-1 Address of Premises \ Y_ ��en\o�c\, � `bb XN\eiA�\61,o� Street Address city County (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ leased rented Owner of building is — �AQjc Name and Address Person holding mortgage on premises is Name and Address Fixtures in the premises are of the value of $ and are (check one): Owned Held on Conditional Sales Contract Leased or . Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: ' Name and Address City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 a www.meridiancity.org E • If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporatio Registered Office: Name of Manager of Corporation: 'Z)e}\N, y Manager of Corporation became a resident of Idaho on: �q`1 Lo Names of all officers and Board of Directors of Corporation: If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): 2. 3. 0 5 STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY being first duly sworn on my oath and say: That I reside at =c�ZLQ that I became a bona fide resident of ol Beer License Application Page 2 of 4 0 0 Idaho on : that I am connected with the above named applicant as: Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. 111 or Malt Dealer's Stamp No. (if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation V\ n—y-\k Beer License Application Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place) (If wholesaler, cross out the following line) That I am not an official, agent or employee of any distillery, winery, brewery, of wholesaler or jobber of liquor or malt beverages. Signature STATE OF IDAHO ss: County of � I HEREBY CERTIFY that on thislDdt ay of .�I , 26ft, before the undersigned, a Notary Public in the State of Idaho, personally appeared jam, , known to me to be the person who executed the said instrument, an acknowledged .to me that he / she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first ab v written. L'G�es�°`°'°/ °OTA No LLa=Idaho o da o RY ° Residing at My Commission Expires:�► - I3- Zbl2.. e y PUBLIC • - a i False stateMP sin this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Beer License Application Page 4 of 4 v Z a. L .k; C O � C . o E"i C U w. O .N R L o. E � a W o N COO 0O U � o W O U Q w a o U U a c 00 ua p R N �+ W Q Cn v L C O � C . w. O .N R L o. E a o 0 O s o U U U c 00 o Q o N V1 rA y = 00 CdE e. �i �� e CL �' rA c C4): R o > n O R U - - -v bb R R [� L tko s .] Q > A mQ3m v a__e_r-158 BEER and WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST ( in -e, For Internal - Office Use Only: Applicant: McTime Coffeehouse Inc. Business Name: It's All About You Catering & McTime Location: 2951 E. Overland Rd. #100. Meridian Idaho 83642 License Type: [X] Beer [X] Wine [] Liquor -r (wine included) Application / File Fee: New Beer License (sold/served) $200.00 and Receipt No. 14464 Economic Development: Economic Development Approval: N/A Sigrinti ire Date Police Department: Police Chief Approval: UFire Department: Signature Fire Chief Approval: Signature Planning Department: Planning Director Approval: Signature Public Works Department: Development Services Manager Approval: _ Signature 7JG .C1� Date Date Date Date PLEASE RETURN THIS SHEET ONLYwith the appropriate signature. This item is tentatively scheduled to be approved on the Tuesday October 7th, 2008 City. Council Agenda. THANK YOU. a__c_ r 15 C. 5 BEER and WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST �i(It, — -7( For Internal - Office Use Only: Applicant: McTime Coffeehouse Inc. Business Name: It's All About You Catering & McTime Location: _ 2951 E. Overland Rd. #100. Meridian Idaho 83642 License Type: [X] Beer [X] Wine Q Liquor - (wine included) Application / File Fee: New Beer License (sold/served) $200.00 and New Wine License (sold/servedl Mn -nn Tntni 4tdnn nn Receipt No. 14464 Economic Development: Economic Development Approval Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: N/A Signature Date Signature Date Signature Date Planning Department:2� Og 0VAU C Planning Director Approval: Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is tentatively scheduled to be approved on the Tuesday October 7th, 2008 City Council Agenda. THANK YOU. BEER and WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: McTime Coffeehouse Inc. Business Name: It's All About You Catering & McTime s Location: 2951 E. Overland Rd. #100 Meridian Idaho 83642 License Type: [X] Beer [X] Wine a Liquor — (wine included) Application / File Feer Receipt No. 14464 Economic Development: Economic Development Approval: Police Department: Police Chief Approval: F1 N/A Signature Date si ture Fire Department: 'eA Fire Chief Approval: Planning Department: Signature Planning Director Approval: Public Works Department: Signature Development Services Manager Approval: _ Date Date, Date Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is tentatively scheduled to be approved on the Tuesday October 7th, 2008 City Council Agenda. THANK YOU. • October 3, 2008 10 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT ITEM NO. 6 -BB REQUEST Agreement for Independent Contractor Services for Test Well No. 28 with Treasure Valley Drilling & Pump for $99,485.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER. US WEST: INTERMOUNTAIN GAS: COMMENTS See attached ,pro%, wi �-h spend i n9 gu+hoY-i}� of 10°% CC�fl�tinTno-9 amou.�fi Sq,9� "' MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • Idem Lv - go, AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (PUBLIC WORKS OF IMPROVEMENT) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 7th day of October, 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Treasure Valley Drilling and Pump , hereinafter referred to as "CONTRACTOR", whose business address.is _ P O Box 547, Weiser, ID 83672 and whose Public Works Contractor License # is .15542. INTRODUCTION Whereas, the City has a need for services involving Test Well for City of Meridian Well #28 ;and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment 'W' and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof., in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a City of Meridian Well #28 Test Well page 1 of 12 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. . 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, City of Meridian Well #28 Test Well page 2 of 12 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term:, 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 90 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 per calendar day. Such. payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: City of Meridian Well #28 Test Well page 3 of 12 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the'CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the' personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. City of Meridian Well #28 Test Well page 4 of 12 • 0 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6: Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. City of Meridian Well #28 Test Well page 5 of 12 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 City of Meridian Well #28 Test Well page 6 of 12 Treasure Valley Drillinq & Pump Attn: Sherry Young P O Box 547 Weiser, ID 83672 Idaho Public Works License #: 15542-13-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or City of Meridian Well #28 Test Well page 7 of 12 completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. ' 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. City of Meridian Well #28 Test Well page 8 of 12 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY 5dWEERD, MAYOR Dated: /o - // - 09 Approved by City Council: 10 - Attest: JAY4ffE L. HOLMAN, CITY CL Approved as to Content TREASURE VALLEY DRILLING & PUMP S H ERRN, VO"6 , VW -F- F�WRSI DEAir MEP?/pV4 "Icbu ,;�``�Department Approval BY: KEIT ATTS, PU CHA NG AGENT Dated: _ /0 - 7 - V fi Approved as to Form CITY ATTORNEY City of Meridian Well #28 Test Well BY: NAME: X l(ao d TITLE: Dated: _ 1 (� page 9 of 12 �J Attachment A SCOPE OF WORK See attached Contract Specifications for Bid # PW -08-003. City of Meridian Well #28 Test Well page 10 of 12 • 0 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $99,485.00 . TASK DESCRIPTION AMOUNT A. MOBILIZATION $ 5,000.00 B. 8" DRILLING $45,000.00 C. 8" STEEL CASING $ 2,160.00 D. 8" DRIVE SHOE $ 150.00 E. BENTONITE GROUT SURFACE SEAL $ 1,600.00 F. BENTONITE GROUT HOLE ABADONMENT 8" $ 9,900.00 G. 2" PVC CASING $16,000.00 H. 2" PVC SCREEN $ 2,000.00 I. CEMENT GROUT SURFACE SEAL $ 6,400.00 J. CEMENT GROUT HOLE ABANDONMENT 8" $ 1,500.00 K. SAND FILTER $ 2,800.00 L. WELL DEVELOPMENT W/RIG TIME $ 225.00 M. WELL DEVELOPMENT W/O RIG TIME $ 6,750.00 TOTAL $99,485.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Supplemental Items may be requested at the Owners option and will be constructed at the price quoted in the following Bid Schedule of Supplemental Items and Prices. City of Meridian Well #28 Test Well page 11 of 12 BID SCHEDULE OF SUPPLEMENTAL ITEMS & PRICES Item Description Estimated Quantity Units Unit Price Total Price 1 6" STEEL CASING 1 LF $ 20.00 $ 20.00 2 6 -INCH PVC CASING 1 LF $ 30.00 $ 30.00 3 6 -INCH SS PVC SCREEN 1 LF $ 36.00 $ 36.00 4 4 -INCH SS WELL SCREEN, per lineal foot 1 LF $ 75.00 $ 75.00 5 6" TO 4" PACKER/REDUCER SEAL, per lump sum 1 LF $ 00.00 $ 100.00 6 3/8 -INCH WASHED GRAVEL, per cubic yard 1 CY $ 25.00 $ 225.00 7 TEST PUMP SET=UP —INSTALL & REMOVE. 1 LS $6,500.00 $6,500.00 8 TEST PUMPING 15 HR $ 225.00 $3,375.00 9 MISC. SITE WORK 1 HR $ 225.001 $ 225.00 City of Meridian Well #28 Test Well page 12 of 12 i PART 1 - GENERAL 1.01 Scope SECTION 02580 WELL DRILLING - GENERAL A. This Specification covers the general requirements for the test -well drilling operation including security, safety, working hours, material disposal, utilities, site clean up and other work related to the drilling, construction, development, and sampling of an exploratory test well. The Owner reserves the right to substitute items listed in the supplemental bid schedule and to increase quantities/footages, as may be, in the Owner's sole judgement, to be in the Owner's best interest, depending upon conditions encountered or observed during drilling. PART 2 -PRODUCTS 2.01 General A. Provide all materials and equipment required to accomplish the completion of the exploratory test well. PART 3 - EXECUTION 3.01 Minimum Well Construction Standards A. The Contractor shall be required to conform to the applicable portions of the Minimum Well Construction Standards established by the Idaho Department of Water Resources (IDWR) and the provisions of this Specification. B. Set up well drilling equipment within the area designated by the Hydrogeologist. Perform all work in accordance with these Specifications. All work associated with this contract shall be done in accordance with the conditions, regulations and requirements set forth in the drilling permit issued by the State of Idaho Department of Water Resources. The Owner will supply the drilling permit upon award of the contract. 3.02 Location A. The general location of the proposed well is in the SE%, SW %, NE%, Section 32, Township 3 North, Range 1 East, B.M. East Taconic Drive forms the south property boundary of the well lot which is approximately 1/3 mile west of Eagle Road and half way in between Amity Road on the North and W. Lake Hazel Road on the South (see attached Figure 1.). 3.03 Security and Safety A. Security Fencing. The public may be present in the project area. Prior to any excavations, the Contractor shall construct a temporary lockable security fence for safety and for the protection of the well and of materials, tools and equipment of the Contractor 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 1 of 4 ftm1=Ix Boise, Idaho SECTION 02580 WELL DRILLING - GENERAL and subcontractors. The security fence shall consist of standard chain-link safety fence material and have a minimum height of five feet (5'-0") supported by steel fence posts at twenty foot minimum spacing. The bottom of the fencing shall be staked or otherwise secured tightly to the ground. Movable (swing -away) fence sections may be used at the entrance locations so long as they can be securely locked in place when the site is unattended. The working portion of the site, including pits and the well shall be completely enclosed within the security fence whenever the site is left unattended. The well itself shall be separately and completely covered and sealed when unattended. Upon completion of the work the Contractor shall remove the fence from the site. The fencing materials shall remain the property of the Contractor. Payment for installation and maintenance of the security fence shall be made under the Mobilization bid item. B. The Contractor shall erect and properly maintain at all times the necessary safeguards for the protection of employees, subcontractors and the public and shall post danger or warning signs against hazards created by the construction. The Contractor shall ensure that the well is securely capped at any, and all, times the Contractor leaves the site unattended. The contents of all liquid containers shall be clearly labeled. Compressed gas cylinders shall be clearly labeled and stored in an upright and secure position. Material Safety Data Sheets (MSDS) for all hazardous materials shall be posted on a bulletin board. The Contractor shall ensure that safety barriers are tight to the ground (child safe) and that all moving parts, belts and batteries are covered. When the site is unattended all heavy equipment keys shall be removed, the doors closed and locked and all buckets/blades lowered to the ground. Over -the -ground electrical lines shall be equipped with ground fault interrupters. C. The Occupational Safety and Health Administration (OSHA) has set the first offense maximum fine level at $7,000 per person involved in the above infractions. Gross negligence fines can run to $70,000. The Contractor is solely responsible for site and personnel safety and compliance with OSHA rules and regulations. 3.04 Working Hours A. Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, all work at the site shall be performed during regular working hours. In general, this is taken to mean daylight hours or the period 7 AM to 6 PM. The Contractor will not permit the performance of the work outside of this period, on weekends or any legal holiday without 72 hours notice to, and written consent of, the Hydrogeologist. 3.05 Mobilization A. The Contractor shall move in all necessary tools, equipment and supplies required for the work and, upon completion of the work, shall remove all such items from the premises promptly and leave the site in a neat and orderly fashion. 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 2 of 4 tt mL=IT- Boise, Idaho 0 3.06 Plumbness and Alignment A SECTION 02580 WELL DRILLING - GENERAL A. The well shall be drilled straight and plumb in accordance with the provisions of this paragraph. The 6 -inch casing, upon completion of development, shall be sufficiently straight to permit the installation of a standard submersible vertical turbine pump to a depth of two hundred (200) feet without friction or binding. The 2 -inch PVC casing shall be straight enough to allow a 10=foot long, 1'/z -inch diameter steel bailer to be lowered and removed from the well without binding. The casings shall be reasonably plumb. The Owner may at any time conduct a borehole deviation geophysical log or make such tests as necessary to determine whether these tolerances are being met. 3.07 Abandonment A. In the event that the Contractor shall fail to complete the well to the depth specified or to a greater depth as may be determined during the actual drilling, or because of loss of tools or equipment or for any other cause, or if the well shall fail to meet the requirements of this project, they shall, if requested and as directed by the Hydrogeologist, abandon the well. Abandonment procedures shall be based on site geology and be approved by the Idaho Department of Water Resources (IDWR) and the project Hydrogeologist. High -solids bentonite -based grout, neat cement grout, as described in Paragraphs 2.05 and 2.06 respectively, will be used to abandon the hole. Drill cuttin-gs, drilling -grade bentonite and/or " ouddlin clay" shall not be used as abandonment materials. It may be the intent of the Owner that the entire drilled depth be abandoned by sealing with appropriate grout. If it is determined the Contractor does not have the appropriate equipment and/or experience to carry out the abandonment procedures, a qualified, independent contractor shall be hired by the Owner at the Contractor's expense. 3.08 Disposal of Materials A. Arrangements for the disposal of all drill cuttings, bentonite, sludge, concrete and other materials from the drilling and from the mud pits shall be made by the Contractor. Burying or spreading of materials on site is not acceptable and will not be permitted without the express permission of the Hydrogeologist. 3.09 Utilities A. The Contractor shall be responsible for furnishing and arranging for electricity, water, and other utilities required in the drilling of the well. B. Water from the City's municipal domestic water system is available at this site. The Contractor shall not be charged for water use but shall be responsible for providing all pumps, plumbing, valves, tanks, back-flow prevention, and security for the water line necessary for completion of the Work. All costs incurred for conveying potable water to the project site shall be the responsibility of the Contractor. All tanks, pipes, and/or pumps used by the Contractor in the performance of the Work shall be clean, disinfected, and free from bacteriological contamination. 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 3 of 4 it ml=x Boise, Idaho SECTION 02580 WELL DRILLING - GENERAL C. The Contractor shall contact "Digline" not less than two (2) full working days prior to the start of any excavation for the project. The Contractor shall be responsible for all costs associated with locating existing utilities, and for replacement and repair of any utilities damaged by the work. 3.10 Recovery of Tools A. In the event of loss of tools or equipment during any phase of the work, the Contractor 'shall not be entitled to any payment for time spent or expense incurred in an attempt to fish or recover the tools or equipment. 3.11 Protection of Water Quality A. The Contractor shall take any and all precautions to prevent contamination of the water in the well and of site soils by the introduction of any foreign substances, including contaminated water, gasoline, oil, hydraulic oil, etc. The Contractor shall immediately remove any equipment leaking the aforementioned substances along with any contaminated soils to be disposed of at an approved location off site. All down hole tools, pumps, bits, collars, drill steel, cables, bailers, and other equipment must be disinfected with 500 ppm chlorine solution prior to use. 3.12 Area and Extent of Operations A. The Contractor shall confine all drilling operations to the well lot as shown on the Drawings. The Contractor shall prevent all material from draining off site. Mud pits, cuttings piles, and/or bailing pits shall be located on-site. 3.13 Completion and Cleanup A. Upon acceptance of the well by the Owner, the Contractor shall cut off the casing at a point not less than eighteen (18) inches above ground level or as designated by the Hydrogeologist. The cutoff casing shall be fitted with an eight (8) inch diameter steel plate to protect and completely cover the well. The steel plate shall be temporarily but securely tack -welded to the top of the casing. B. The well site shall be cleaned up by removing all equipment, materials, drilling mud, bentonite, drill cuttings and supplies, including the filling of any pits or excavations using fill material approved by the Hydrogeologist. Mud pits, if necessary, shall be completely excavated to remove cuttings and drilling muds and shall be inspected by the Hydrogeologist prior to backfilling. If mud pits are dug, they shall be filled in one (1) foot lifts and compacted to 95% maximum density (ASTM D-698, "Standard Proctor"). Replace or repair any facility damaged during construction. Restore site as nearly as possible to original condition. •+ END OF SECTION •• 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 4 of 4 Its 1.OG71w � Boise, Idaho 0 , 0 SECTION 02581 DIRECT MUD -ROTARY METHOD PART 1 - GENERAL 1.01 Work Included A. This section covers the work, materials and equipment necessary for drilling, completion, development, and sampling of ground water quality from a test -well. PART 2 - PRODUCTS 2.01 General. A. All equipment shall be in good working condition, clean, and sanitized prior to use in the work. Operate and maintain equipment in conformance with manufacturer's recommendations. 2.02 Drilling Equipment. A. Rig, Provide a drilling rig capable of completing the well(s) as shown on the Drawings. A direct mud -rotary drill, equipped with a positive displacement mud pump, de -sanding equipment, and portable mud tanks is required. If the rig is not capable of drilling and driving surface casing through shallow terrace gravels, a cable -tool rig or other acceptable means will have to be employed to advance the surface casing through the shallow gravels prior to commencement of the direct mud -rotary drilling. The rig must be B. Tools. Provide all tools, tremie pipes, mud -pumps, de -sanding equipment, compressors, generators, tanks, pumps, mixers, hoses, pipes, bits and other necessary equipment for drilling, completing, developing, and bailing the well as shown on Figure 2. Contractor shall supply bailer, swab, and brush for 2 -inch or 4 -inch screens. 2.03 Drilling Fluid. A. Provide all drilling fluids, water connections and additives as required. Drilling mud shall be mixed with a bentonite clay powder specially formulated for drilling fluids "Baroid Quick Gel", or approved equal. Review fluids and additives with Hydrogeologist prior to use. All fluids and fluid additives shall meet National Sanitation Foundation Approved Standard No. 61. 2.04 Test and Sampling Equipment. A. Mud Measurements. The Contractor shall provide equipment on site for measuring weight and viscosity of drilling fluid. A mud -weight balance and Marsh Funnel are preferred. Periodic (several times daily) measurements are required. 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 1 of 13 Hycitn Irdc. Iac Boise, Idaho SECTION 02581 DIRECT MUD -ROTARY METHOD B. Sampling bags and containers. The samples shall be of at least one pint size, shall be kept in sealed, quart -size "Zip -Lock" type, 4 mil clear plastic freezer bags to be provided by the Contractor, and shall be clearly labeled with a waterproof marker to show the well name, date, and depth from which the sample was collected. Each sample bag will be tightly sealed against leakage. 2.05 Bentonite Grout. A. The surface seal, intermediate seals, and abandonment plugging of the well shall consist of a bentonite -based, "high -solids" (>30% by weight) and NSF -approved grout especially manufactured for use as a sealant in water supply wells. Products similar to CETCO's "Volclay" Granular Grout or approved equal are acceptable. The grout solids shall be mixed with clean water at a ratio that results in a stable, low -permeability (< 1 X 10 $ cm/sec) seal 2.06 Neat Cement Grout. A. Cement grout to be used in the situations where a deeper partial section of the bore is to be abandoned or over the unsaturated (vadose) portion of the bore, is to be a Type -II cement mixed with clean water. Equal parts of cement conforming to ASTM Standard C150 with not more than six gallons of water per 94 Ib. sack of cement may be used subject to IDWR approval. Additives may be used to retard setting, reduce shrinkage, and increase fluidity subject to approval of the Hydrogeologist. 2.07 Casing A. Steel Casing. fight (8) inch casing shall have a minimum wall thickness of 0.322 inch. Six (6) inch casing, in the supplemental bid items, shall have a minimum wall thickness of 0.280 inch. All steel casing shall be new pipe, round and joined with full -penetration, circumferential welds made by properly qualified operators using the appropriate rod (7018). 0.322 -inch wall casing shall receive three (3) weld passes. All welds shall be peened immediately after welding and exterior welds shall be painted with heat -tolerant spray paint within at least 6 -inches of the welded joint. All casing shall meet ASTM A53, Grade B, Domestic Pipe Specifications. Centralizers shall be installed on the six (6) inch casing at intervals not to exceed forty (40) feet. All centralizers shall be installed at the one-quarter points around the circumference of the casing or screen, as appropriate. Centralizer locations will be better defined by geophysical logs and drill cuttings. B. Polyvinyl Chloride (PVC) Casing. Material. All PVC casing shall be flush joint, Schedule 80 pipe specification. Construction shall be from non -plasticized PVC compounds having a minimum cell classification of 12454-B, as defined in ASTM D1784 (Std. Spec for Rigid PVC Compounds). The compound shall qualify for a Hydrostatic Design Basis (HDB) of 4000 psi for water at 73.4 degrees F in accordance with the requirements of ASTM D2837. White pipe shall be supplied. All pipe shall be certified for conformance with NSF61 and shall meet the crush resistance, flattening, impact and puncture test 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 2 of 13 "Lcd-- I�c Boise, Idaho SECTION 02581 DIRECT MUD -ROTARY METHOD requirements of ASTM F480. PVC casing shall be "Johnson" PVC Well Casing, as supplied by U.S Filter/Johnson Screens or approved equal and shall be in - conformance certified with NSF 61. 2. Joints. Pipe shall be joined with integral taper -lock, flush joints fitted with rubber 0 - rings. 3. Marking. PVC well casing pipe (or unopened packaging) shall be legibly marked with the following information: a. Manufacturer and trade name b. Nominal size and SDR or SCH rating C. Manufacturing date code d. NSF -61 2.08 Screen A. Metal Screen. The screen shall be 25 -slot, 4 -inch diameter, 304 stainless steel, continuous V -wire wound unless otherwise determined by the Hydrogeologisfs grain - size analysis of the test -well drill cuttings. Screen unit costs shall be according to the bid regardless of the final slot -size stipulated. The screen sections shall be equipped with 6 - inch length stainless steel welding rings at both ends to allow welding centralizers on any and all joints safely away from screen wires. Centralizers for the screened interval shall be placed at 10 foot intervals at the discretion of the Hydrogeologist. The bottom of the screen assembly shall be closed with a stainless steel plate of minimum 0.125 inch thickness, jointed with a continuous weld and the appropriate rod (#308 stainless for #304 alloy). B. PVC Plastic Screen and End Caps. All PVC casing shall be factory -slotted, flush joint, Schedule 80 pipe specification. Construction shall be from non -plasticized PVC compounds having a minimum cell classification of 12454-B, as defined in ASTM D1784 (Std. Spec for Rigid PVC Compounds). The compound shall qualify for a Hydrostatic Design Basis (HDB) of 4000 psi for water at 73.4 degrees F in accordance with the requirements of ASTM D2837. White pipe shall be supplied. All pipe shall be certified for conformance with NSF61 and shall meet the crush resistance, flattening, impact and puncture test requirements of ASTM F480. PVC screens shall be "Johnson" PVC well screens as supplied by U.S Filter -Johnson Screens or approved equal. Pipe shall be joined with integral taper -lock, flush joints fitted with rubber O -rings. PVC well screen pipe (or unopened packaging) shall be legibly and permanently marked with the following information: e. Manufacturer and trade name f. Nominal size and SDR or SCH rating g. Manufacturing date code h. NSF -61 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 3 of 13 Hot1cd-- irc_ Boise, Idaho 0 SECTION 02581 DIRECT MUD -ROTARY METHOD 2.09 Packer/Reducer. A. The seal between the six (6) inch diameter pump chamber casing and the four (4) inch diameter screen assembly shall be approved by the Hydrogeologist. The packer/reducer assembly shall be a neoprene Figure "K" type and shall be welded on top of the head pipe and of such diameter to ensure a proper recommended seal of the neoprene washer to the surface casing. The inside wall diameter of the packer/reducer shall be the same inside diameter as the four -inch casing/screen diameter such that tools, probes and measuring devices can be lowered to the bottom of the well without obstruction. Minimum wall thickness of materials used in the packer/reducer assembly shall be a minimum 0.280 inch thickness. All materials used in the construction of the packer/reducer shall be new. 2.10 Filter. A. The gradation of the sand -filter envelope (if used) shall be Colorado Silica Sand, Inc. #8- #16 (or approved equal), unless otherwise selected based upon sieve -analysis of the production well drill cuttings by the Hydrogeologist. 2.11 Washed Gravel. A. Washed, 3/8 -inch gravel, rounded, and free of fines. 2.12 Drive shoe. A. A hardened and oversized, factory -manufactured guide -shoe shall be welded to the base of the 8 -inch surface casing. PART 3 - EXECUTION 3.01 Mobilization. A. The Contractor shall move in all necessary tools, equipment and supplies required for the work and, upon completion of the work, shall remove all such items from the premises promptly and leave the site in a neat and orderly fashion. The mobilization shall include all personnel travel time, site maintenance, cuttings clean-up and removal, equipment and supplies delivery and security fencing. 3.02 Drilling. A. Surface casing: An 8 -inch diameter casing, with drive shoe, shall be drilled and driven to the base of the shallow terrace gravel (estimated 75 ft.). B. Pilot Bore. An 8" mud -rotary, pilot bore shall be drilled, through the 8 -inch surface casing, to an estimated depth of eight hundred (1,000) feet below ground surface. The 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 4 of 13 HylhIx Boise, Idaho i0 , o SECTION 02581 DIRECT MUD -ROTARY METHOD Contractor will obtain samples of the drill cuttings at 5 -foot intervals which will be used to characterize the drilled geologic section. Borehole geophysical logs will be run by the Owner in the mud -filled, 8" bore and compared to the drill cuttings. C. Drilling. Below the eight -inch surface casing the well shall be drilled at eight (8) inch diameter to accommodate the six (6) diameter well casing, filter sand, bentonite seals and four (4) inch diameter well screen assembly. Drilling will be in sediments such as clay, silt, sand and/or gravel. Artesian flowing (above ground) conditions are possible at this site within the deeper section. Static water level from approximately 800 feet below ground is predicted to be within a few feet of ground level. The Contractor shall provide well drilling rig and well tools as required, and all other equipment, materials and supplies required for drilling and completion of the well. All such equipment shall be in good condition and properly maintained. 3.03 Well Seals. A. The surface seal, intermediateseals, and abandonment plugging of the well shall consist of a bentonite -based, "high -solids" (>30% by weight) and NSF approved grout especially manufactured for use as a grout in water supply wells such as CETCO Volclay Granular Grout or approved equal. The grout solids shall be mixed with clean water at a ratio that results in a low -permeability (< 1 X 10 $ cm/sec.) seal and placed with a positive displacement pump. In general, grout seals will be placed by pumping from "the -bottom-up" whereby the grout tremie pipe is lowered to the base of the proposed seal and pumped until grout return (at the desired consistency) is achieved at the surface. It is recognized that, in deeper and/or extensive seal placements, that the tremie pipe may have to be raised at intervals, as the seal is placed, to compensate for setting of the grout and to overcome down hole artesian pressures. The tremie pipe will be of steel pipe or minimum schedule -80 PVC plastic construction and have a minimum inside diameter of 1 Y2 -inches. The bentonite powder shall be dry and packaged in waterproof bags. Bentonite grout shall be mixed with exact quantities of water and solids according to manufacturer's recommendations to achieve the desired density. The Contractor will be required to demonstrate the fluid capacity of ungraduated tanks or irregularly-shaped grout mixing containers and supply an on-site mud balance for measuring grout density. Full -depth surface seals shall be placed in as continuous and uninterrupted manner as possible. The Contractor shall notify IDWR at least 24 hours prior to grout seal placement and the Hydrogeologist shall be on site for the entire mixing/seal placement process. 3.04 Well Screens. A. The Contractor shall furnish and install the appropriate screen with the length and slot size as directed by the Hydrogeologist. The type, length and depth of screen will be determined from geophysical logging of the mud -filled pilot bore. The screen slot size will be determined from grain size analyses of the well cuttings from the exploratory test - well and screens may not be ordered in advance. One of two types of screen will likely be used depending on the drilled geologic section encountered. Either 2 -inch PVC slotted pipe will be connected to two-inch flush -joint PVC pipe(s) or 4 -inch diameter stainless steel, continuous V -wire wound well screen shall be placed though a six inch 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 5 of 13 Wt105ir-TX Boise, Idaho . r 0 SECTION 02581 DIRECT MUD -ROTARY METHOD diameter steel casing. Either application will utilize 10 -foot lengths manufactured by U.S. Filter "Johnson" screens or approved equal. If stainless steel screen is used, the screen sections shall be equipped with stainless steel welding rings at both ends. Weld rings shall be of 6 -inch length to allow for welding of centralizer staves on both ends and safely away from screen wires. If PVC screens are used, spring steel, bolt -on centralizers will be used to center the well screens. PVC screens shall be of the same construction and plastic specification as the Schedule 80 PVC casing 3.06 Sand Filter. A. After the PVC screen assembly has been installed in the well, the Contractor shall introduce a graded sand filter, approved by the Hydrogeologist, into the annular space between the drilled geological section and the well screens by pouring through a tremie pipe extending to the top of the screens. The filter shall be added in a continuous pour as approved by the Hydrogeologist until it is stabilized and the complete annular space is filled to the appropriate level. In the case that 4 -inch stainless screens are used, a "natural filter pack" shall be developed without the addition of a graded filter. 3.06 Packer/Reducer Assembly. A. In the scenario where 6 -inch casing is coupled with 4 -inch diameter stainless screens, a packer/reducer seal assembly shall be welded to the top of the screen assembly as a seal between the surface casing and screened liner. The Hydrogeologist shall be on-site during installation of the screen assembly and shall inspect the packer prior to installation in the well. The Contractor shall take care to ensure the rubber seals are not compromised during installation and/or fabrication of the packer/reducer. Special care must be taken during welding of the packer to the reducer assembly to prevent heat damage to the neoprene adhesive and/or the rubber seal. Immersion of the neoprene section, in cold water, during welding may be necessary to avoid damage to the rubber seal. 3.07 Well Development A. The Contractor shall bail any infill and drilling fluids from the bottom of the well(s) and purge the well by air-lift pumping until clear. If more than one tube is installed, at least two piezometer tubes shall be air -lifted simultaneously. Costs associated with air-lift purging and diversion of the discharged water are the responsibility of the Contractor and shall be considered incidental to the project. B. Upon installation of the screens and filter sand, and after air-lift purging of the well, the Contractor shall settle and clear the sand filter by surging and swabbing with a surge block, wire -brush, and/or bailer. Development shall continue until no appreciable amount of material is brought into the well after thirty (30) minutes of vigorous surging and the natural filter pack is completely developed. Upon completion of well - development, all materials shall be thoroughly cleaned from inside the casing and screens to the total depth. 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 6 of 13 " Lcdc Inc. Boise, Idaho SECTION 02581 DIRECT MUD -ROTARY METHOD C. It shall be the Contractor's responsibility to notify the Hydrogeologist prior to the development process so they may be present during the first pumping of the well and to provide daily reports of progress during development. The use of a dispersant, surfactant, detergent or any other well -development agent is likely and shall be approved by the Hydrogeologist prior to use. 3.08 Records and Samples A. A detailed log or record shall be kept current (as the well is drilled) by the Contractor's driller on a form suitable to the Hydrogeologist which shall indicate, for each shift worked, the general character, thickness, color, and type of material encountered, any loss of fluid or caving of the drilled formation, and the nature and extent of all other work performed including the time spent on each item of work. The log shall be maintained at all times at the job site and shall be available at any time for inspection by the Owner or the Hydrogeologist. Upon Completion of the work, a complete copy of the driller's field log shall be furnished to the Hydrogeologist. The Contractor, after conferring with the Hydrogeologist, and after the hydrogeologist has had an opportunity to review (and edit if necessary) the Well Driller's Report, shall also file with the State Department of Water Resources the necessary log and record on forms obtainable from that Department. The Owner and Hydrogeologist shall also receive clear readable copies of the State of Idaho Well Driller's Report. B. Samples of all materials penetrated during drilling shall be taken by the Contractor at every formation change and every five (5) feet below land surface. Samples shall be taken from the drill discharge and caught in a container capable of retaining fine sands and silts within the drill stream. This may require catching a bucket of the drill stream and allowing it to settle to collect representative cuttings. Every effort shall be made by the Contractor to ensure that samples are representative of the drilled geologic section. Cumulative sampling (taking portions of a given sample continuously over the 5 -foot sample interval) is required. Samples shall be saved and maintained on the job site by the Contractor. The samples shall be of at least one pint size, shall be kept in sealed, quart -size "Zip -Lock" type, 4 mil clear plastic freezer bags to be provided by the Contractor, and shall be clearly labeled with a waterproof marker to show the depth interval from which the sample was collected, the date, and well name. All sample bags shall be sealed and water tight to prevent leakage during transport. C. Because the drill -cuttings will be transported away from the site for analysis and disposal, the Contractor shall keep an up-to-date record of the drilled section. The Contractor, alone, is responsible for supplying the field record of the drilled section and shall not rely on the interpretations or notes of others. 3.09 Borehole Geophysical Logs. A. Upon reaching total drilled depth, and immediately following removal of the drill steel, the Owner shall arrange for a suite of borehole geophysical logs to be run in the uncased borehole below the surface casing. The Contractor shall be responsible for removing the drill steel and maintaining the well in an open condition to the full drilled depth to accommodate the geophysical logging. The Contractor will be required to lower a 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 7 of 13 WDLcd--Dc Boise, Idaho i SECTION 02581 DIRECT MUD -ROTARY METHOD section of drill steel to the bottom of the bore, using their sand -line cable, prior to logging to ensure that the bore is open to depth with no obstructions and/or mud -rings. The Owner is responsible for scheduling the geophysical logging immediately after the drill steel is removed from the hole. No additional payment will be made to the Contractor for the time required for the geophysical logging or if the drill steel has to be run to depth to clear the well to allow full depth geophysical logs. A plan for well completion and construction materials list will be supplied to the Contractor within 48 hours of the completion of the geophysical logging. The Contractor shall maintain the bore hole full of drilling mud at all times until the well is completed. 3.10 Disinfection A. The Contractor shall disinfect the well in accordance with applicable sections of AWWA Al 00 and C654 after development is complete and all tools have been removed from the well. This item is considered incidental to the project and no additional payment will be made for its completion. The chloride (Cl2) solution shall be poured through the water column from the surface. Liquid bleach (12% sodium hypochlorite solution) without additives, enzymes or other laundry -related enhancements is the preferred disinfection solution. The well bore volume shall be brought to a concentration of 250 mg C12/L. The Hydrogeologist shall be present on-site during disinfection of the well. 3.11 Hydraulic Pump Testing and Water -Quality Sampling. A. General. Upon completion of the development of the well, the Contractor, at the direction of the Hydrogeologist, shall test the well(s) to determine the water -quality of the aquifer. Two possibilities exist: 1) The first scenario is if the well is completed with sevei*al 2 -inch piezometer tubes and 2) the second instance will be if the well is completed as a six-inch diameter well (with 4 -inch diameter screens) to a single aquifer unit. Pumped water will be discharged on site to the small irrigation lateral adjacent to the site. Contractor shall supply electrical power generator, air -compressor, piping, and all equipment necessary to conduct the pump -testing and water -quality sampling. Other than water from the municipal system, utilities are not available at the site. B. Two-inch Piezometer -nest scenario. After the two-inch tubes have been swabbed, bailed, and cleared by air-lift pumping, a sampling pump capable of supplying 10 gpm will be installed in each of the tubes and operated to obtain water -quality samples to be taken by the Hydrogeologist. Pumping of each zone will continue until the water has cleared and until field -measured water chemistry parameters are stable prior to sampling. Sampling pump and hoses shall be clean, new, and disinfected prior to use. C. Six-inch casing, single -completion interval scenario After the well has been swabbed, bailed, and cleared by air-lift pumping, a submersible pump will be installed in the well to a depth of 200 feet. The pump shall be capable of delivering a continuous supply of 150 gpm from a depth of 200 feet for eight hours. Testing equipment, including electrical power generator, shall be able to maintain 150 gpm without overheating for the duration of the test (8 -hours). Testing shall be with a standard turbine pump. 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 8 of 13 Hydro Inc Int. Boise, Idaho SECTION 02581 DIRECT MUD -ROTARY METHOD Electrical power is not available at the site so that the Contractor shall be responsible to supply an on-site power generator capable of supplying the necessary horsepower to meet the stipulated conditions. The Contractor shall furnish and install all necessary equipment for the testing and for measuring accurately the discharge from the well and the water level in the well during the testing operation. A properly rigged circular orifice weir is preferred for discharge measurement although a recently calibrated high-quality flow -meter, or timed filling of a 55 -gallon drum are also acceptable means of measuring flow. A control valve for regulating flow will be installed at the well head. A minimum 0.5 -inch diameter, continuous (un -spliced) sounding tube shall be installed, with the pump column, to five feet above the pump intake. Sounding tube shall be taped or otherwise affixed to the pump -column so that it is straight, but not so tightly bound that it becomes kinked or restricted so as to not allow a 3/8 -inch electric sounding line to pass freely to the pump intake. Sounding tube shall be attached, affixed, or otherwise extended past, away from, or below shaft lubrication (if applicable) so as to prevent oil lubrication from entering and/or fouling the sounding tube and to avoid pressure fluctuations associated with the pump intake. The Contractor shall be responsible for making arrangements with the Hydrogeologist for the accurate measurement of discharge and satisfactory disposal of water during the test period. Discharge shall be conducted to a nearby irrigation lateral and the Contractor shall be responsible for obtaining permission from the appropriate parties for the discharge. Discharge shall be adequately attenuated, diffused, sand -bagged, or otherwise shielded so as to prevent hydraulic damage to canal banks, streets, sidewalks, and/or property. The Contractor shall be responsible for the repair of damage caused by the discharge water. All discharge -piping joints shall be taped against leakage and supported sufficiently to prevent movement during the test -period. D. ° Test -duration. Test pumping is estimated to be conducted over a two-day period whereby a well -development test period will last an estimated 8 hours. After overnight recovery from the development testing, a constant discharge hydraulic test will be carried out for at least 8 uninterrupted hours. Based upon draw down characteristics of the well, the hydraulic test period may be extended or shortened at the discretion of the Hydrogeologist. The Contractor shall be responsible for providing a means for safer refueling during operations, to prevent even brief shutdowns during the test and to maintain the discharge constant at specified rates. E. Water -quality sampling. Near the end of the constant pumping -test, water -quality samples will be obtained by the Hydrogeologist from a sample -port, provided by the Contractor, near the discharge head of the test -pump. After completion of the testing and removal of the test pump, the Contractor shall arrange to bail, pump, skim, or otherwise remove and containerize any oil which has accumulated on the top of the water column during the test periods Upon removal of the test -pump, the Contractor shall securely cap the well by welding a 1/4 -inch thick plate to the top of the casing. The Owner shall arrange for a downhole television camera survey and final disinfection of the well. Payment for furnishing, installing and removing the testing equipment shall be at the applicable lump sum price 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 9 of 13 Wt 106r. lrc_ Boise, Idaho SECTION 02581 DIRECT MUD -ROTARY METHOD bid in the bid schedule. Payment for operating test pumping equipment shall be at the hourly rate bid for conducting pumping test. F. Safety. Except for the measuring tubes, the well -head shall be closed tightly to prevent any object and/or liquid from entering the well when unattended. PART 4 - MEASUREMENT AND PAYMENT 4.01 General A. The unit or lump sum price bid for any item of work shall cover the cost of furnishing all labor, materials, equipment, tools and incidental items required to complete the work in accordance with the Drawings and Specifications. Any work, materials or equipment not specifically mentioned as included in a bid item of work, but which is required for its proper execution, shall be brought to the Hydrogeologists attention prior to bid opening or considered to be included in the price bid for that item of work. All bid items of work under this section are as described below, including method of measurement and payment. Work not described in these or other bid items shall be considered incidental to the work and the cost therefore shall be included in these or other bid items. 4.02 Bid Items A. The Mobilization bid item shall consist of the work described in Paragraph 3.01. Measurement and payment for Mobilization shall be made on a lump sum basis. B. The 8" Drilling bid items shall consist of the work described in Paragraphs 3.02 (A -C) and shall be made on a per lineal foot basis. Measurement for payment for drilling shall be for the depth below surface of the hole actually drilled. No classification of materials will be made, and payment for drilling will be at the unit prices in the Bid Schedule regardless of the type of materials or conditions encountered. C. The Eight (8) Inch Six (6) Inch. and Two (2) Inch Diameter Casings (2" PVC, 8" Steel Casing, and 6" Steel Casing bid items shall consist of the materials and work described in Paragraphs 2.07 and 3.02, respectively. Measurement shall be based on the actual linear feet of blank casing that remains in the well after completion, not including the length of screen. Payment for casing shall be at the unit price bid in the Bid Schedule and shall include furnishing the casing, transporting all casing to the job site, handling casing at the job site, and installation in the well. D. The Eight (8) Inch Drive Shoe bid item shall be measured and paid on a lump sum basis. E. The Bentonite Surface Seal bid item shall consist of the materials and work described in Paragraphs 2.06 and 3.03, respectively. 'Measurement and payment shall be made on actual lineal feet of seal installed. 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 10 of 13 "1051r. TX Boise, Idaho SECTION 02581 DIRECT MUD -ROTARY METHOD F. The Neat Cement Surface Seal bid item shall consist of the materials and work described in Paragraph 2.06, respectively. Measurement and payment shall be made on actual lineal feet of seal installed. G. The Neat Cement Hole Abandonment bid item shall consist of the materials and work described in Paragraph 2.06. Measurement and payment shall be made on the actual lineal feet of cement plug installed. H. The Bentonite Grout Hole Abandonment bid item shall consist of the materials and work described in Paragraph 2.05 and 3.03 respectively. Measurement and payment shall be made on the actual lineal feet of bentonite plug installed. I. The 2" Well Screen (or 4" Well Screen) bid items shall consist of the materials and work described in Paragraphs 2.08 and 3.04, respectively. Measurement for payment for screen shall be on a lineal foot basis for the actual length of screen installed in the well at the unit price bid in the Bid Schedule and shall include all costs of furnishing and installation, together with welding rings and centralizers. The Sand Filter bid item shall consist of the materials and work described in Paragraphs 2.10 and 3.05, respectively, and shall be made on a per cubic foot basis. Measurement for payment for the sand -filter shall be of the actual number of cubic feet installed in the bore. If packaging is in un -weighed, non -dimensioned containers, a bill of sale will be required to confirm volumetric measurement. Payment shall be at the unit price bid in the Bid Schedule and shall include all costs of furnishing and installing. K. The 6" to 4" Packer/Reducer bid item shall consist of the materials and work described in Paragraphs 2.09 and 3.06, respectively, including the seal between the screen assembly and the pump chamber. Measurement and payment shall be made on a lump sum basis and include installation. L. The Well Development with Riq Time bid item is described, and shall consist of the work described, in Paragraph 3.07 B. This bid item generally encompasses labor for a two- man crew during on-site development of the resultant well while utilizing drill rig time. Measurement and payment shall be made on a per hour basis. M. The Well Development without Rica Time bid item is, and shall consist of, the work described in Paragraph 3.07 A. This bid item generally encompasses labor for a one or - two -man crew during on-site development of the resultant well not utilizing drill rig time. Measurement and payment shall be made on a per hour basis. N. The Test Pumping -Install & Remove bid item consists of the work described in Paragraph 3.11. Measurement and payment shall be made on a lump sum basis. O. The Test Pumping bid item consists of the work described in Paragraph 3.11. Measurement and payment shall be made on a per hour basis. Only time actually spent conducting the test pumping (with the pump operating) shall be measured for payment. 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 11 of 13 WtIrdl- TrC_ Boise, Idaho i SECTION 02581 DIRECT MUD -ROTARY METHOD P. The 3/8 -Inch Washed Gravel supplemental bid item may be used as described in Paragraph 2.11.. This item shall be considered a supplemental item and the Contractor must submit a unit price for it. This bid item will not be included in the Total Bid. Measurement for payment shall be based on the actual quantity of cubic yards installed. Payment shall be at the unit price bid in the Additive Items table in the Bid Schedule. Q. The Miscellaneous Site Work bid item shall consist of extra on-site work that may arise during the course of the project that does not utilize the drill rig. Measurement and payment shall be made on a per hour basis for a two -person crew time. R. No separate payment will be made to the Contractor for keeping the prescribed records, collecting samples, furnishing de -sanding shaker table, lining mud pits or for disinfection of the well. The cost of all such work is considered incidental to the project and shall be included in other bid items in the Bid Schedule. Failure to comply with any of the foregoing shall be justification for withholding payment for work performed by the Contractor. S. Payment for accepted'work under this section will be made under the following bid items listed in the Bid Schedule: MOBILIZATION, lump sum 8" DRILLING, per lineal foot (LF) 8" STEEL CASING, per lineal foot (LF) 8" DRIVESHOE BENTONITE SURFACE SEAL, per lineal ft (LF) BENTONITE HOLE ABANDONMENT 8", per lineal foot (LF) 2" PVC CASING, per lineal foot (LF) 2" PVC. WELL SCREEN, per lineal foot (LF) CEMENT GROUT SURFACE SEAL, per lineal ft (LF) CEMENT GROUT HOLE ABANDONMENT 8", per lineal foot (LF) SAND FILTER, per cubic foot (CF) WELL DEVELOPMENT W/ RIG TIME, per hour (HR) WELL DEVELOPMENT W/O RIG TIME, per hour (HR) TEST PUMP SET-UP — INSTALL & REMOVE, per lump sum (LS) TEST PUMPING, per hour (HR) MISC. SITE WORK, per hour (HR) 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 12 of 13 Hydro Lcdr. TX Boise, Idaho (• Supplemental Bid Items: SECTION 02581 DIRECT MUD -ROTARY METHOD 6" STEEL CASING, per lineal foot (LF) 6" PVC CASING, per lineal foot (LF) 6" S.S. WELL SCREEN, per lineal foot (LF) 4" S.S. WELL SCREEN, per lineal foot (LF), 6" TO 4" PACKER/REDUCER SEAL, per lump sum (LS) 3/8 -INCH WASHED GRAVEL, per cubic yard (CY) •• END OF SECTION as 08/25/08 City of Meridian Test Well #28 Technical Specifications Page 13 of 13 Hydt l:cdcc Inc Boise, Idaho o ° q a p ' rez-�^'^�WFC :-.re..*ri+-w>+ ^+o-e;��« �-'-^a.- o..�,.va.+t� ..i. •�nuwaaw .x 'rv.<-..� � ymvv �..... ' �E �'v °�za r "��ii•7�! r k 'a. + �" d jhkk>'$4 � �'' �,� > m t ° tt�WWW -s a`4R. Alr a - Ai e' a e a q y✓ " y}� �1 r' .6 a + AN lei. 1 y {ii o E i _ a 7 a g ,o ' p d 2- @ ' dliU • �, ,p ate., ao. o ° q a p ' rez-�^'^�WFC :-.re..*ri+-w>+ ^+o-e;��« �-'-^a.- o..�,.va.+t� ..i. •�nuwaaw .x 'rv.<-..� � ymvv �..... ' �E �'v °�za r "��ii•7�! r k 'a. + �" d jhkk>'$4 � �'' �,� > m t ° tt�WWW -s a`4R. Alr a - Ai e' a e a q y✓ " y}� �1 r' .6 a + AN lei. 1 y {ii o E i '• EXAMPLE TEST 3 ... .. ..... ,, .: t Lit6ology We11 Constr"uttir'on a.7.._ j - .-. ¢ ..� j-,.(ho`riz�on�toTc%01'..m1:0�J` (4C 7116lidtologic log is interpreted _ / o (.vertical scale /!'=100). and di4a�m from geophysical�logs and ) ' Dep�th ' dolled cuttings Z the borehole t ; i brelow SAROI•D# 3/4 -INCH ) (p ' ground leve!) 9M �ENT7/;tT"TE C I P s (a -S VDD + ; - . BARUID. 3/4-ZWCH r STEEL PLATE - y Q t� i ELEV..'.�••elrb'7•3•,AM:SI: ,�, ::. 6EMT(1f1ITF CHIP �(1 7 YD��. i 30•IN64 AUGFR— ! .. ' DRILLED' HOLE INTERBEDDED TAN TO aw- INCH x0.a5"KALI° .N �B-INCH'0.32a-WALL BROVN SANDS AND STEEL CASING a TACKY CLAY-54•SILTS1dGRADED(F7LTER .55' 3 STEEL CASING MJ CEMENTGRDUT . 83 SANDI (0.41/D$). S'*B%EEd-BRAND .T3�. GRAVEL INFERRED BY H.L.I BENTONITE —' GROUT °• tn. CEMENT GROUT 1 .I FTj . STICKY DARK GREENISH - yi.: 1 (d.8 Fri) GREY CLAYS BENTONITEE GROUT(4.0f1' '166 N6-#IIaGRROEDjFILTERSAND' "BI,RL5EEVIBRAND. - a00 'T� ANMfD1UM•10ARSESAND —, _ _ . _ _. _ ("tC1.�5�F.r+ )•._, `;a•11� „ •aDI . " j5T1CKYGREENISflbREYCLAYS .-t3EN70NITE • ROUT i (7. G FTj. ��'3� `1 a4 CEMENT GROUT -. •- (6.4 FTj) , albb GREY FINE-MEDIU65ANU3 HIGH -SOLI;;OS(�319.}_ 4+ 'ROI)T�._ ' -3 •}••INTERSEDDED,WITH BENT0N.LrE,`, oa _ _ ' ' i 9TICKYUREENISHwRAYCLAYS (B,3 FT,j1I � ��o_ o _• �: , — _ o TRACE OF WCDD •h! ,"— o oo Arg- 06 GRADED e E •' ° _ FTL1 E R SAN -0 ' �o "BIRDSEED" BRAND !log, : e rGRAVEL INFEERE0BY HU 0'... a o_ ° 10. —' ;• iPALEOLIV:E 5EQQENCES OF FINETO COARSE SANDS E THIN OLIVE ° o' CLAY LENSES 8?0IAMETER ALL WELLS AREMADE FROM 4 -INCH SCH80FLU5N-JOINT -SOO 'GRAVEL INFERRED BY H•l1. _ DIRELY nUD= ° �'"e _ R07ARY i� , PIPE ANDQOiO'SLDTSCREEN, _ ` �i e , i DRttLE`D H t)lE =,ALL•'TVBE WEL•L'S• WERE a DEVELOPED,Q AIR-LIFT PUt1PED U/'t'TIL CLEAR. • � � H1GHr50LID5(f31>� • BENTONITE • • i :GREEN•i5H,GREY. FINE GRATA 0 , 5556. p.SNdO570NES tP.6ssl.6ly.ule.csmenftd) !AN05T�ICkYGREENI5FIG,41YCLAYS -6QOT_ACE:S s' OF -WOOD ,-EEEIENT.GRDUT (.7-9•f-T�)._ m -S97' .GREY, CEMENTED .FINE- . �i�b26; -~ .611 HIGN•50lIDS(>31%) - 'AAIHEDSANDSTONESf9rB-if/b -' GRADED . `o Io ' BEN70NITE GROUT (2.9 FTI) 6%; e FILTER SANO •~ ' '" ' 655' Rk. KY CLAY . sD T.O. sba7� "BIRp5fF0'BR11N0 : :. 169o3',o1 D. (O.4YP,) INFILL.. . 9 • To: Jaycee Holman; Tara Green From: Roxanne Holland, Staff Engineer rholland@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Kyle Radek, P.E., Assistant City Engineer (0 RECEIVED OCT 0 2 2008 Date: 10/02/08 Re: Proposed Agenda Item for October 7, 2008 City Council Meeting CityCf Meridi lerk office The Public Works Department respectfully requests the following item be placed on the October 7, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Test Well #28 (Construction) Attached is an Agreement for Independent Contractor Services with Treasure Valley Drilling and Pump for the drilling of test well #28. The contract is for a NOT -TO -EXCEED amount of $99,485.00. The Public Works Department also requests that a 10% Contingency amount be authorized. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Agreement for Independent Contractor Services with Treasure Valley Drilling and Pump for the drilling of test well #28 in the amount of 99,485.00 with a spending authority for a 10% Contingency amount of 9,950.00 which will only be utilized if required. Thank you for your consideration. Please contact me if you have any questions. • Page 1 City of Meridian Public Works Dept® To: Jaycee Holman; Tara Green From: Roxanne Holland, Staff Engineer rholland@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Kyle Radek, P.E., Assistant City Engineer (0 RECEIVED OCT 0 2 2008 Date: 10/02/08 Re: Proposed Agenda Item for October 7, 2008 City Council Meeting CityCf Meridi lerk office The Public Works Department respectfully requests the following item be placed on the October 7, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Test Well #28 (Construction) Attached is an Agreement for Independent Contractor Services with Treasure Valley Drilling and Pump for the drilling of test well #28. The contract is for a NOT -TO -EXCEED amount of $99,485.00. The Public Works Department also requests that a 10% Contingency amount be authorized. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Agreement for Independent Contractor Services with Treasure Valley Drilling and Pump for the drilling of test well #28 in the amount of 99,485.00 with a spending authority for a 10% Contingency amount of 9,950.00 which will only be utilized if required. Thank you for your consideration. Please contact me if you have any questions. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (PUBLIC WORKS OF IMPROVEMENT) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 7ti' day of October, 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY', 33 East Idaho Avenue, Meridian, Idaho 83642, and Treasure Valley Drilling and Pump , hereinafter referred to as "CONTRACTOR", whose business address is _ P O Box 547, Weiser, ID 83672 and whose Public Works Contractor License # is 15542. INTRODUCTION Whereas, the City has a need for services involving Test Well for City of Meridian Well #28 and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "X -and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is City of Meridian Well #28 Test Well page 1 of 12 • 0 copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will .perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are .in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a. timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 'The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, City of Meridian Well #28 Test Well page 2 of 12 Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of -(a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is.due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 90 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. City of Meridian Well #28 Test Well page 3 of 12 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such. termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A,. Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur . . any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. City of Meridian Well #28 Test Well page 4 of 12 • 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly. provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins City of Meridian Well #28 Test Well page 5 of 12 performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds.: Payment and Performance Bonds are required on all Publics Works of -Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Well #28 Test Well page 6 of 12 0 0 City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Treasure Valley Drilling & Pump Attn: Sherry Young P O Box 547 Weiser, ID 83672 Idaho Public Works License #: 15542-13-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12, Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: City of Meridian Well #28 Test Well page 7 of 12 • 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such.statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. City of Meridian Well #28 Test Well page 8 of 12 • 0 19. Waiver of -Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be.deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement.. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all. other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TREASURE VALLEY DRILLING & PUMP AN TAMMY de WEERD, MAYOR , BY: Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK City of Meridian Well #28 Test Well page 9 of 12 • Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY City of Meridian Well #28 Test Well 12 • Department Approval BY: 0. NAME:�Dkp2�� TITLE: Stt -ff 4�°N vt>g Dated: page 10 of • Attachment A SCOPE OF WORK See attached Contract Specifications for Bid # PW -08-003. City of Meridian Well #28 Test Well page 11 of 12 • r Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $99,485.00 TASK DESCRIPTION AMOUNT A. MOBILIZATION 5,000.00 B. 8" DRILLING $45,000.00 C. 8" STEEL CASING $2,160.00 D. 8" DRIVE SHOE $150.00 E. BENTONITE GROUT SURFACE SEAL $1,600.00 F. BENTONITE GROUT HOLE ABADONMENT 8" $9,900.00 G. 2" PVC CASING $16,000.00 H. 2n PVC SCREEN $2,000.00 L. CEMENT GROUT SURFACE SEAL $6,400.00 J. CEMENT GROUT HOLE ABANDONMENT 8" $1,500.00 K. SAND FILTER $2,800.00 L. WELL DEVELOPMENT W/RIG TIME $225.00 M. WELL DEVELOPMENT W/O RIG TIME $6,750.00 TOTAL $99,485.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. City of Meridian Well #28 Test Well page 12 of 12 October 3, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Public Works Department ITEM NO. 7-A-1 REQUEST Public Works Department Reorganization AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAM'PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER:' COMMENTS See attached �scusse�l Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Mayor Tammy de Weerd El IDIANII�� City Council Members: Keith Bird Joe Borton IDAHO Charles Rountree David Zaremba INTERNAL MEMORANDUM TO: Tammy de Weerd, Mayor R I .�.� � Members, City Council)OCT Q 3 i FROM: Tom Barry, Public Works Director City Of Melcidian City Clerk Office DATE: October 7, 2008 CC: Bill Nary, Human Resources Director RE: Public Works Department Organizational Realignment BACKGROUND: In April of 2008, I began a process to review and evaluate the Public Works Department's organizational structure. The Review was intended to take a critical look at the roles, responsibilities, and reporting structure of the staff within the Department and to determine if improvements could be made with modification to the organizational structure. This memo summarizes the approach and resulting recommendation of this Review. In its previous form (Attachment A), the Public Works Department was comprised of three primary divisions (sometimes referred to as departments): Water, Wastewater, and Public Works. There were a total of 86.5 FTEs in the Department: 31.5 in Public Works, 23 in Water, and 32 in Wastewater. Much of the growth in the Department has mirrored the growth in the community in that it has been recent and sudden. The Review offered an opportunity to ensure alignment of staff resources with current organizational needs and opportunities. Some of the goals of the Departmental review were to: 1) Reduce redundancy 2) Develop clear roles and responsibilities 3) Close gaps on service area and delivery 4) Develop training and growth opportunities for staff 5) Establish employee succession pathways 6) Improve the span of control 7) Improve management oversight of functional areas 8) Reduce operating costs and inefficiencies where applicable Public Works Department . 660 E. Watertower Street, Suite 200, Meridian, ID 83642 Phone 208=898-5500 Fax 208-898-9551 . www.meridiancity.org PW Reorganization Page 3 of 5 • As staff began thinking more broadly about the key components of the Public Works Department, they began to realize the importance of organizing around a common mission and vision. This lead to a critical review of the Public Works Department's current Mission and Vision Statements and a lengthy but spirited conversation that, over several weeks, culminated into new mission and visit n statements for the Department. These exciting and challenging statements follow: MISSION STATEMENT — the purpose of our existence The Mission of the Public Works Department is to anticipate, plan and provide exemplary public services and facilities that support the needs of our growing community in an efficient, customer - focused and financially responsible manner. VISION STATEMENT — where we see ourselves in the future By the year 2030, the Public Works Department is a fully accredited, strategically positioned Department that has modern and reliable facilities, emphasizes financial stewardship and environmental sustainability, and is accessible and responsive to our customers' needs. • . Our staff is technically proficient, our information is centralized, our processes are streamlined and automated, and we leverage cutting edge technology to provide expedient single -contact customer service. • We employ aggressive conservation strategies to reduce demand on resources and promote sustainability by utilizing efficient and alternative energy sources, carbon neutral operations, a zero emissions fleet, and a water management district to recycle and redistribute reclaimed wastewater. • We produce and treat our own chlorine -free drinking water from a variety of sources that is distributed through an efficient and regionally inter -connected delivery system. • We have a comprehensive surface water program and are Class 4 members of the National Flood Insurance Program Community Rating System which enable us to conserve and protec our natural resources and property. We maintain 24 miles of rehabilitated Riparian and Wetland corridors that enhance our natural environment, improve stormwateij'quality, help control flooding, and serve as pathways for people and habitat for wildlife. • Our Wastewater Treatment Plant is self-sustaining utilizing, closed -looped systems to recycle and/or reuse[ 80% of the waste stream utilizing water reclamation, co- generation, and nutrent recycling. • At least 50% of our Ibuildings are Built Green and LEED Certified, and 50% of new land Development projects utilize Low Impact Development Standards. • Meridian residents travel between home and work, school, shopping, recreation, and other destinations using their choice of several modes of surface transportation safely and without excessive delay. We determine the look, fit, and feel of our streets and pathways. We guide funding methods and programming of transportation capital improvement projects. We determine road maintenance and construction standards and schedule work in col junction with other city activities to ensure minimal inconvenience to residents. PW Reorganization Page 5 of 5 It is important to note that no one currently employed in the Public Works Department will be let go as a result of the reorganization. Rather, some will be transferred from one work group to another. Also, two staff members will be downgraded in classification (one as a correction and one as a volunteer demotion), but no one, including those staff members, will see their current paycheck reduced as a result of the new reorganization. With the new changes, come four promotions and eight opportunities for competitive advancement. IMPLEMENTATION: Staff from the Public Works, Finance, and Human Resources Departments have been working diligently over the past several weeks to make modifications to staff job titles and classifications and to ensure that modifications are within budget. At the same time, the Public Works Leadership Team has been developing a Transition Plan (Attachment Q for implementation (now in effect). This Plan details the timing, approach, and follow-up required to make implementation as successful and smooth as possible. Implementation of the new organizational structure became effective on October 61h The new organizational structure capitalizes on the strengths of emerging leaders within the organization, challenges existing staff to take on more responsibility and accountability, ensures that there are clear) succession pathways within the organization, ensures essential public works functions are addressed, and organizes our work to allow for focused improvement. While the reorganization of existing personnel resources will aid in accomplishment of the essential work components of the Department, the Leadership Team will be diligent about implementing a structured mentoring/coaching and training program to ensure that those staff that are challenged are successful in taking on their new roles or positions. Public Works Department Organizational Realignment Transition Plan I. Re-class/Promotion Attachment C A. Identify all positions that offer the opportunity of a promotion — Completed on 9/15/08 B. Supervisors to indentify any qualified candidates for promotional consideration — Completed on 9/22/08 1. Each candidate will be discussed (qualifications, capability, work ethic and past performance) 2. Recommendations will be made and screened by entire group 3. Using consensus; lone person selected for each promotion C. Any job descriptions for new "promotional" positions will be developed and submitted to Human Resources for classification determination/verification — Completed on 9/23/08 D. Promotional candidates, supervisor and Director meetings — Completed on 9/25/08 1. Each meeting needs to determine interest/acceptance by candidate 2. Each Supervisor needs to develop a Leadership Action Plan (LAP) and discuss and review it with candidate. Candidates will provide feedback and assist in its development. 3. Discuss with candiIdates their probationary period, classification, salary, job expectations and other details. E. Conduct mandatory all -staff meeting — Completed on 10/2/08 1. Department announcement of Organizational Structure, Thursday, October 1St at 8:00 to 10:30 am 2. Speakers should include: Mayor, Charlie Rountree, Bill Nary, Aspire0n and others 3. Supervisors are,to meet the afternoon of the announcement with their workgroups to discuss the details of the reorganization. This includes contract staff workgroups. F. Supervisors and Director to meet with other qualified candidates - by 10/9/08 1. Talk specifically a 2. Provide a verbal opportunities G. Conduct follow-up workgr 1. Conduct weekly r 2. Meet weekly with 3. Begin working wil why they were not selected n plan for the individual so they may be prepared for possible future and individual meetings for promotional positions — ASAP ngs with work group and new supervisors for the 1St Month �rvisor (one on one) for first 3 months other emerging leaders for mentoring, coaching opportunities — ASAP Page I of 2 Pr City Engh Vacant Citywide Capital Environmenta Assistant City Assistant C Construction Specialist Engineer Engineer Manager Vacant Clint Dolsgby P.E. Kyle Radek P. Vacant Engineering Technician 1 Water ginee�nt ETechnici, stMax Jensen rent Bleeder llen Connection I.Roxanne Staff Engineer Services EInspect Holland Coordinator Laboratory Coordinator Aarilyn S'thertand Supervisor Kathryn:Frost estergardProject SiteRepresentative Mark Andersonlist Services IIIantyneOperator Assistant Water Coordinator Superintendent TamaraHood boratorynalyst Chip Hudson Wog II Schoonoverboratorynalyst Control IVacant Operator I Mike Zeiler Josh Gabel Modifications Existing Positions 13 Title Changes 8 Reclassifications 5 Reallocations 2 Net New Positions Attachment A """—F—tul� Person III Brian Kerr Michael Flesher Water Wo Person 10/3/2008 Water Superintendent Rick Clinton llen Connection uality Connection Services list I Services Coordinator Henhnician Losh Coordinator Aarilyn S'thertand Kathryn:Frost Connection uality Mark Andersonlist Services IIIantyneOperator Assistant Water Coordinator Superintendent TamaraHood Is Chip Hudson """—F—tul� Person III Brian Kerr Michael Flesher Water Wo Person 10/3/2008 Chief Water Operator Don Case llen uality Operator I list I Odley Vallely Henhnician Losh Operator I uality Mark Andersonlist IIIantyneOperator Is Douglas Schofieldonnection Control Inspector I Operator I Mike Zeiler Josh Gabel Meter Reader I Thayne Shawn Operator III Pehrson William Perry Meter Reader II Operator II Darcy Cummings Vacant Meter Reader III Operator IV Vacant Vacant """—F—tul� Person III Brian Kerr Michael Flesher Water Wo Person 10/3/2008 0 Deputy PI Works Din Vacant 4) Attachment B Engineering Department Capital Projects Manager Specialist Manager Water Vacant Vacant Vacant Superintendent Rick Clinton Transportation Assistant City Assistant City Chief Inspector Partment Services Services and Utility Engineer Engineer Tom Johnson Pecialist Coordinator Coordinator Coordinator Clint Dolsby, P.E. Kyle Radek P.E. rine Mittleider Marilyn Sutherland Kathryn Frost Vacant _ 10/3/2008 Public Workq'tctions Staff Engineer Staff Engineer Inspector Illiager Chief Water Assistant Water Water Quality Roxanne Holland Vacant EdAnkenmanutzier Operator Superintendent Program Don Case Chip Hudson Maria er g Tracy Ballantyne Engineering Engineering Public WorkI Technician I Technician I Inspector II ollections Water Max Jensen Brent Blake Rob Ferry ,System Operator III Water Admin �chnician ITom Lee William Perry Operator I Assistant Public Work - Mark Anderson Tamera:Scott Inspector I ollections Water Murray Jones' System OperatorI Water Water ,chnician Odley Vallely Operator I Operator III Modifications l fuel Espinola Douglas Schofield Michael Flesher � Well ExistingPositions ollections '!7' Stern Technician II LomAllen Water Operator I Cross V Y D3Ct1nlClan. Joshua Gabel Connection Control 13 Title Changes [Vacant Inspector I I ollections, =nsi Meter Reader � Michael Zeiter 8 Reclassifications S stem II Darcy Cummings Water clinician Quality ,vacant• Water Work Specialist I lash 5 Reallocations r Person Mikey " ollections System Brian Kerr 2 Net New Positions �chnician MWater f Vacem Total = 90.S FTEs I 10/3/2008 October 3, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Legal Department ITEM NO. 7-B-1 REQUEST Tabled from September 23, 2008 -- Detox Center Agmt AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packef DiSCussecl Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council • • September 23, 2008 Page 10 of 73 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. C. Legal Department 1. Detox Center Agreement: De Weerd: Okay. Under 6-C we have our legal department report. We will start with the detox center agreement. Baird: Thank you, Madam Mayor, Members of the Council. In your packet tonight is an agreement establishing a joint powers entity to operate -- to establish and operate the long awaited detox center in Ada County to serve the Treasure Valley. The reason it's on a department report is there is a couple of items in there we just wanted to point out to you. They are not necessarily good or bad, but we just wanted to have a moment to point these out before you consider the agreement for approval. It's my understanding that the entities involved are looking to have this finalized by the end of September, so if it's your desire, we would be looking for a motion this evening. Just very briefly, the items I wanted to point out -- the first year financial commitment to the City of Meridian is based on population. One dollar per person for 52,000 dollars. And that's just for operations for the first year. Beyond the first year the agreement is not clear as to what your obligations will be. However, there are ways for you to withdraw if you don't like it. What it does -- what concerns me is that in order to establish the budget for the second year they sort of look at how things go on the first year and the operating committee will establish this through bylaws. So, you don't know what is going to be in there when you sign this agreement and once you're part of that entity, your voting powers are weighted by your financial contribution. So, among the five parties, which include the state of Idaho, Ada County, Boise city, city of Eagle, and City of Meridian, Meridian's vote for the first year is only weighted at 3.57 percent. In contrast, the state of Idaho's vote is 61.73 percent. A two-thirds vote being required for most action. So, once this is formed, your ability to make big sway is sort of gone. But it's a very well drafted agreement. I understand it was drafted by the Ada County's head attorney, civil attorney. It does give you opportunity to pull out. It doesn't commit you beyond the current fiscal year. I just wanted you to be aware that beyond the first year we don't know what the financial commitments are going to be. With that, I'll leave it open for questions. De Weerd: Mr. Baird, I guess in the first year will it be pro rated to the year that we are actually covering? Baird: Madam Mayor, that was one of the questions. It doesn't specifically state that. I would like to see something in that -- with that -- with that regard. For example, if the facility opens on September 1 st, obviously, there is just one month left of the fiscal year. We don't want to spill our entire 52,000 dollars. If it's your direction that I get some clarification on that, I can do that. Meridian City Council • • September 23, 2008 Page 11 of 73 De Weerd: I guess I would also like to get clarification -- when the amounts were determined -- I think that was several years ago and they are using the Department of Commerce numbers, so will it be the population at that time or the population today? Baird: Madam Mayor -- De Weerd: That 52,000 is what we budgeted. Baird: And that 52,000 is the amount that's in the agreement. It's not set to change. I don't feel the need to inform them that the numbers -- our population numbers have gone up, because this is what you agreed to as the ticket to admission for the first year and that's what the agreement says. De Weerd: Okay. Because there is no provision for how much they could change it. do believe there should be something in there that would restrict how much they could increase it. Again, I believe that you raise the point -- because we have so little in our weighted vote, we better get everything clarified now, .because once we are in this agreement, I don't think we will have too much more say. Baird: Madam Mayor, shall I take that as direction to request that rather than setting forth the criteria in bylaws, that they actually put it in the agreement before signature? Is that your desire that we try to negotiate that? De Weerd: That would be mine. Rountree: That would be my recommendation, Madam Mayor. Baird: So, Madam Mayor, Members of the Council, I have two items of direction so far that I'm getting some direction for. Obviously, we don't have a motion yet, but one of them would be to put in some language regarding proration for the first year, depending on starting date within the fiscal year. Number two, getting some more specifics up front about criteria for the subsequent years contribution. De Weerd: At least capping the -- Baird: At least a cap with a percentage. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And whose fiscal year are we using, the state or the city's? De Weerd: That's a good question. Meridian City Council • • September 23, 2008 Page 12 of 73 Baird: Madam Mayor, Members of the Council, Council Member Bird, in reading through it, there is a provision that respects the state's fiscal year, but it looks like the majority of the jurisdictions are municipal with the October 1. 1 will get a clarification on that for you on how that works. Rountree: Madam Mayor? Go ahead, Ted. Baird: I guess when I said respecting the state fiscal year, the legislature can't act on approving money until March -- February and March. So, that's what -- it's in there with regard to that, but there might be some more information here from someone who is more familiar with the state than I am. Hoaglun: Madam Mayor? De Weerd: Yes, I'd love to -- Hoaglun: No. The only question I had for Mr. Baird is the fact that the Department of Health and Welfare is in for almost a million dollars -- 900,000. And if that were to be reduced, knowing that the governor is looking at a hold back in the future and there is financial pressures there, if that is reduced, does it -- do they look to the other parties, the other four members, then, to come up with that difference? Is that what we are looking at down the road or -- hard to say. Okay. Baird: Madam Mayor, Members of the Council, there is a budget attached at the end of that agreement and there is only a limited number of parties at this point, so I think your suspicion may be true. De Weerd: Mr. Baird, I guess I have one final comment in getting clarification. It looks like the state is covering for the other counties that this detox center would serve and Ada County and its cities are covering the rest. If a shortfall should occur, it certainly shouldn't be to the only county that's actually paying their own local dollars for that, they really need to go -- and I know that the percentage of use will be from Ada County, but there will be some use from the other counties. Baird: That's correct, Madam Mayor. The service area includes the entire Fourth Judicial District, which is Ada County, Valley county, Elmore county, and Boise county. And as you pointed out, none of those are present. There are some -- in addition to Ada County, there is some fairly large jurisdictions that are also absent from this that will be using it as well. It doesn't appear at this that Meridian is being asked to share or shoulder more than its proportionate share of the burden, but that is certainly something that you will want to be on the lookout for in the future. De Weerd: Well, I guess that would be what we need to negotiate in the price cap or what have you, that we are only paying our proportionate share. Zaremba: Madam Mayor? Meridian City Council • • September 23, 2008 Page 13 of 73 De Weerd: Mr. Zaremba. Zaremba: And there are even other cities within Ada County that aren't included in that. wonder if there should be a clause in there with a provision for charging nonmembers on a per person basis or something like that. If your jurisdictions that are smaller only send one person a year, you could be billed for that one person -- I assume Meridian may have enough presence that our annual stipend is going to be worth it to us eventually, but if small jurisdictions that aren't one of the members could be billed on a per person basis -- not for resident basis, but per person that gets into the program -- per patient basis, I guess. De Weerd: Well,. I think we just have some suggestions and would like you to come back with an update. Baird: Madam Mayor, I think your direction is clear. Despite the fact that there is some sentiment that this wanted to be finalized by September, I think you have raised enough issues of concern that I will contact Mr. Argyle with the intent of coming back with some answers to your questions on October 7th, hopefully, with a revised draft as well. De Weerd: I guess you can reiterate our commitment to the 52,000 pro rated for the first year. Baird: Okay. Very good. Thank you, Madam Mayor, Members of the Council. 2. Ingress -Egress Easement for Generations Plaza Parking Lot Required as a Condition of VAC 00- 005 for the Partial Vacation of the Alley Intersecting Main Street between Pine and Idaho Avenue: De Weerd: Okay. Then, Item 6-C-2. Baird: Okay. Madam Mayor, Members of the Council, this item came to our attention -- it's regarding the half of the alley over there by Generations Plaza that's adjacent to the building where the Flat Bread Pizza is going in. They approached our Planning Department for a CZC approval for a patio on what they were referring to as the vacated alley. In checking the records of the Ada County Highway District, it appears that in the year 2000 the city made an approval recommendation to the highway district and the highway district conditionally approved the vacation of half that alley, but it was conditioned on the city executing an access agreement to the parking lot and that agreement was not completed by your staff in year 2000. So, the district is willing to pass a new resolution to vacate the partial alley and all they are looking for is that access agreement from the city that was agreed to back in 2000. The document is in your packet tonight. It's very similar to an agreement that we executed in order to get a partial alley vacation on the Creamery block to accommodate the construction of City AGREEMENT ESTABLISHING A JOINT POWERS ENTITY Pursuant to Sections 67-2326 through 67-2333, Idaho Code, this Agreement Establishing a Joint Powers Entity ("Agreement") is made and effective this _ day of , by and between the governmental entities, cities, counties, and authorities named below (collectively referred to herein as "Member Public Agencies"), exercising their constitutional, statutory, and codified powers: Ada County City of Boise City of Meridian City of Eagle State of Idaho, Department of Health and Welfare RECITALS WHEREAS, the Member Public Agencies, some of which are municipal corporations, .have general police powers to promote and protect health, safety, and public welfare for their respective communities and are specifically empowered by the Idaho Legislature to maintain and operate healthcare facilities under Idaho Code Section 50-305; WHEREAS, the Member Public Agencies have certain duties and responsibilities and authority, and it is recognized depending on the Member Public Agency and the authority provided to that public agency by the Idaho Legislature, that all are in need of an integrated, non- hospital, sobering and medically monitored detoxification and mental health diversion unit that will be a single point of access for indigent and low-income persons primarily from the Treasure Valley, who are suffering from psychiatrically or medically compromised conditions due to a mental health or substance abuse crisis or both; AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 1 CADocuments and Se tmgs\greent\L=M Settmgffemporwy Intemet Files\0LK9E\Agrmt Est RE 5 CLEAN.doc 0 • WHEREAS, increasing interdependence among local governments has made it advisable to coordinate certain local government functions throughout the Treasure Valley, WHEREAS, the Member Public Agencies wish to make the most efficient use of their powers by cooperating to their mutual advantage in coordinating local government functions within the Treasure Valley; WHEREAS, there is a demonstrated need for a Facility in the Treasure Valley to provide short-term community based, non -hospital sobering and medically monitored detoxification and sub -acute psychiatric crisis stabilization services in a safe, caring, and therapeutic environment; WHEREAS, it is the desire of the Member Public Agencies that constructive and workable policies and programs for meeting the common and individual problems and concerns of the various Member Public Agencies will be most effectively and expeditiously fulfilled through the operation of a Facility in the Treasure Valley; WHEREAS, the Member Public Agencies desire to contract for the maintenance and operation of a Facility in the Treasure Valley for their mutual benefit; WHEREAS, it is the finding of each of the Member Public Agencies that entering into this Agreement to accomplish the purposes hereinafter set forth is a valid public purpose and necessary for public health and safety; WHEREAS, the Member Public Agencies have and possess the power and authority to establish a separate legal entity without abrogating any privileges or immunities accorded to each of them by law; WHEREAS, the Member Public Agencies have and possess the power and authorization to finance, organize, and establish a separate legal entity to select and contract with an Operator and to oversee the maintenance and ongoing operation of a Facility in the Treasure Valley; AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 2 CADocuments and Settings\Vmt\Loca1 Settingffemponuy Intemet Fi1es\0LK9EkAgmt Est ME 5 CLEAN.doc 0 WHEREAS, the Member Public Agencies propose to join together to establish a joint powers entity that will select an operator and oversee the maintenance and all things reasonably necessary for the ongoing operation of the Facility in the Treasure Valley; and WHEREAS, the Member Public Agencies have in common the responsibility for the general welfare of the public to study, discuss, and recommend policies and solutions to problem areas of direct concern to the performance of their respective constitutional and statutory powers and responsibilities, and have the right to jointly exercise these powers and responsibilities and expend public funds for these purposes. NOW, THEREFORE,* in consideration of the mutual promises and covenants contained herein the Member Public Agencies agree as follows: ARTICLE I DEFINITIONS 1.01. As used in this Agreement, the following terms shall have the respective meanings hereinafter set forth: a) Actual Annual Contribution to Operations. Funds actually budgeted and appropriated by each Member Public Agency, as determined by each Member Public Agency, in its sole discretion, for the ongoing day-to-day operations of the Facility. b) Agreement. This Agreement wherein the Member Public Agencies agree to establish a joint powers entity COPE") that will select and contract with an Operator and oversee the maintenance and ongoing operation of the Facility c) Annual Proposed Contributions. An amount established by the Board each fiscal year as a fee for continuing membership in the JPE, attributed to each of the Member Public Agencies for the purpose of meeting the Annual Budget as established by the Board. d) Annual Budget. The total amount established by the Board sufficient to defray the ongoing day-to-day operating costs of the Facility each fiscal year. e) Board. The governing body of the JPE. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 3 CADocurnents and Settings\greentlocal Settingffemporery Internet Files\OL ,9E\Agrmt Est RE 5 CLEAN.doc 0 f) Board Seat. A position on the Board occupied by a representative of each of the Member Public Agencies designated to occupy that position by each of the respective Signatories to this Agreement. g) Detoxification Area. A medically monitored area that will be used to stabilize a chronic addict's/alcoholic's physical condition over an average period of three (3) to five (5) days for the purpose of achieving longer-term sobriety in a safe environment. The Detoxification Area will be located in an area that is separate and distinct from the Sobering Station and the Sub -acute Psychiatric Crisis Stabilization Unit. h) Eligible Recipients. Indigent and non-incarcerated, low income persons, primarily from the Treasure Valley, who require the level of care available at the facility, meet admission criteria, and need sobering, detoxification, or stabilization in a community based non- hospital setting, as a result of a drug or alcohol crisis, a sub -acute psychiatric crisis, or both. To be eligible for services the individual must have a desire to stop abusing alcohol or drugs and have been unable to stop by using other, less restrictive options. i) Facility. A community based, non -hospital, medically monitored and licensed, integrated crisis center that will be a single point of access for Eligible Recipients who need sobering, detoxification, or stabilization due to a drug or alcohol crisis, a sub -acute psychiatric crisis, or both. The Facility will include, at a minimum: (a) one (1) Sobering Station, that will act as a safe environment for people whose impairment due to alcohol or drug use, with or without a co-occurring serious mental illness, is judged to put themselves and the greater community at risk; (b) an eighteen (18) bed medically monitored Detoxification Area that will be used to stabilize a chronic addict's/alcoholic's physical condition, with or without a co-occurring serious mental illness, over an average period of three (3) to five (5) days; and (c) an eight (8) bed medically monitored Sub -acute Psychiatric Crisis Stabilization Unit designed to address sub- acute psychiatric instability, with or without a co-occurring impairment due to alcohol or drug use, over an average period of three (3) to five (5) days. The Facility will be approximately 9,300 square feet and have an initial capacity of 26 beds with the ability to expand to 48 beds. j) Fiscal Year. The period from October 1 through September 30. k) Grants. Federal or local grants that will be used to construct, build, operate, or maintain the Facility. 1) Joint Powers Entity ("JPE"). A separate legal entity established by the Member Public Agencies under Sections 67-2326 through 67-2333, Idaho Code, of unlimited duration, with jurisdiction in the state of Idaho. The full legal name of the separate entity is the "Treasure Valley's Medically Monitored Detoxification/Mental Health Diversion Unit, a joint powers entity." m) Member Public Agencies. The governmental entities, state, cities, counties, and authorities who are Signatories to this Agreement. n) Operator. A third -party contractor selected by the Board that will maintain and conduct the ongoing day-to-day operations of the Facility. The Operator may be a Member Public Agency that is also a Signatory to this Agreement. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 4 CADocuments and Settings\greent\Local SettingsWemporaty Internet ReAOLKMAgnut Est RE 5 CLEAN.doc o) Signatories. The governmental entities, state, cities, counties, and authorities that have entered into this Agreement. p) Sobering Station. An area, consisting of a least three (3) large rooms and three (3) small rooms, in close proximity to the medically monitored detoxification center, where Eligible Recipients admitted to the Sobering Station are allowed to achieve short-term sobriety in a safe environment. q) Sub -acute Psychiatric Crisis Stabilization Unit. An area consisting of four (4) semi -private bedrooms (two (2) clients per bedroom) designed to address psychiatric instability, with or without a co-occurring impairment due to alcohol or drug use, over an average period of three (3) to five (5). The Sub -acute Psychiatric Crisis Stabilization Unit will be located in an area that is separate and distinct from the Detoxification Area and the Sobering Station. r) Treasure Valley. In general, the Treasure Valley is the area where the Payette, Boise, Weiser, Malheur, and Owyhee Rivers converge into the Snake River. The Treasure Valley generally refers to all the lowland areas from Vale, Oregon on the west to Boise, Idaho; however, for purposes of this Agreement, the term "Treasure Valley" means the 4th Judicial District of the State of Idaho and includes Ada County, Valley County, Elmore County, and Boise County. ARTICLE H CREATION OF THE JPE — POWERS AND DUTIES 2.01. Upon the effective date of this Agreement, the Member Public Agencies, acting as the organizers under the Sections 67-2326 through 67-2333, Idaho Code, hereby establish the JPE, a separate legal entity of unlimited duration with jurisdiction in the state of Idaho, and with the rights, duties, and obligations set forth in this Agreement and the Grants. 2.02. The full legal name of the separate entity is the "Treasure Valley's Substance Abuse and Mental Health Crisis Treatment Center, a joint powers entity." 2.03 The JPE is a joint powers entity organized and existing under Sections 67-2326 through 67-2333, Idaho Code. The purpose of the JPE is to select and contract with an Operator and to oversee the ongoing operation of the Facility consistent with the rights, duties, and obligations set forth in this Agreement and the Grants. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 5 C Tocuments and Settings\gr=Uocal Settings\Tempormy Intemet Fi1es\0LK9EWgmt Est JPE 5 CLEAN.doc • • 2.04 The initial members of the RE are the Signatories to this Agreement and include the City of Boise, Ada County, City of Meridian, City of Eagle, and the State of Idaho, Department of Health and Welfare. 2.05. The business of the RE will be managed by a board of directors. Subject to the rights, duties, and obligations set forth in this Agreement and the Grants, the JPE, through its Board, shall possess in its own name and the Member Public Agencies delegate to it, the following enumerated powers: a) To make and enter into contracts consistent with this Agreement and the b) To select, appoint, and contract with an Operator that will operate and maintain the Facility. c) To the extent permitted by Article 8, § 4 of the Idaho Constitution or appropriate statutory provisions, to receive compensation, gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity to oversee and contract for the operation or maintenance of the Facility. d) To sue and be sued in its own name. e) To apply for an appropriate grant or grants under any federal or local programs. f) To adopt rules, regulations, policies, by-laws, and procedures to operate or maintain the Facility To add Member Public Agencies to the RE and as Signatories to this Agreement, as approved by the Board and to execute agreements and resolutions consistent with the terms of this Agreement and the Grants. g) To appoint officers or agents. h) To purchase, sell, encumber, and lease real property. i) To incur obligations or borrow funds on behalf of the RE to the extent permitted by Article 8, § 3 of the Idaho Constitution or appropriate statutory provisions; and to purchase, sell, or lease equipment, machinery, and personal property. j) To invest funds as allowed by Idaho statutes. k) To annually elect a chairman and vice-chairman, and such other officers as the Board deems appropriate, with each officer serving until his successor is elected. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 6 CADocuments and SettingAgreenA ocal Settingffempomry Intemet Fi1es\0LK9Mgrmt Est RE 5 CLEAN.doc 0 • 1) To create and consult with committees and to establish special task forces, standing committees and steering committees composed of representatives as designated by the Board for consideration of general and specific problems that are identified by the Board. m) To make, alter, amend, repeal or establish by-laws, rules and regulations governing its own conduct and procedures and the powers and duties of its officers, not inconsistent with this Agreement. n) To cover the liability of the JPE through the purchase of insurance or the appropriate contractual transfer of risk. o) To provide Member Public Agencies with an annual report of operations and financial affairs of the JPE. 2.06. Said powers shall be exercised within the budgetary limits and procedures set forth in this Agreement and in the manner provided by Idaho law, including, without limitation, the Joint Exercise of Powers provisions of Sections 67-2326 — 67-2333, Idaho Code. 2.07. With the exception of the building, fixtures, and real estate which will be owned by the Boise City Housing Authority, an ex-offico member of the Board, all other property whether real or personal, purchased by the JPE, shall be owned and controlled by the JPE as its sole and separate property and not as property of any Member Public Agency. The building will be leased by the Operator from the Boise City Housing Authority and operated and maintained on a day-to-day basis by the Operator. 2.08. The JPE shall operate as a separate legal entity and incur debt, separate and apart from the Member Public Agencies. Any and all debts, obligations, and liabilities that the Board incurs are its own and not that of the Member Public Agencies, except as specifically provided for herein. 2.09 The Board shall approve rules, regulations, policies, by-laws, and procedures, including scope of work and request for proposal ("RFP") terms and conditions that will be utilized by the JPE in the selection of the Operator. Subject to approval by the Division of AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 7 CADocuments and Settings\gment\LeW Settings\Temporary Internet Fi1es\01K9E\Agrmt Est JPE 5 CLEAN.doc 0 • Purchasing, the scope of work and terms and conditions of the RFP shall be jointly developed by an executive committee of the Board in accordance with administrative procedures set forth in Title 67, Chapter 28, Idaho Code. For purposes of convenience, Ada County has agreed to act as an agent of the Board in publishing the RFP, soliciting bids, collecting proposals and disseminating information to the other Member Public Agencies. ARTICLE III ORGANIZATION 3.01. The JPE shall be managed by a board of directors. The Board shall be comprised of representatives of the original five (5) Member Public Agencies and designated representatives of any additional public agencies subsequently approved by the Board to become members of the JPE under Section 6.01. Board members shall have voting rights in the direct proportion that each Member Public Agency's Actual Annual Contribution to Operations for the fiscal year bears to the total Actual Annual Contribution to Operations of all Member Public Agencies for the same fiscal year ("weighted votes"). 3.02. The names and agency affiliations of the individuals constituting the initial Board and who are to serve until their successors are elected and qualify are: I suggest we name positions and not specific people NAME AGENCY State of Idaho. Devartment of Health and Welfare City of Boise Ada County City of Meridian City of Eagle 3.03. In order to ensure cooperation and efficiency with other fund contributing interested parties in the Treasure Valley, who do not have a conflict of interest with the JPE or the operation of the Facility, the Board, in its discretion, may also elect ex -officio, non-voting AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 8 CADocuments and Settings\greent\I.ocal Sdtings\Temporary Internet Fi1es\0L.K9E\Agmt Est JPE 5 CLEAN.doc members to the Board. Upon the effective date of this Agreement, the Boise City Housing Authority will become anex officio member of the Board. 3.04. Board members shall not receive compensation for their service on the Board, but may be reimbursed by the RE for reasonable expenses incurred in conducting the business of the Board when the expenses are not paid for or reimbursed by the employing Member Public Agencies. 3.05. The principal office of the RE shall be established by the Board and shall be located within the County of Ada, City of Boise. The Board may change the principal office from one location to another within the County of Ada. Any change of address shall be noted by the Board but shall not be considered an amendment to this Agreement. 3.06. The Board shall meet at a location as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board. A copy of such resolution shall be furnished to the Member Public Agencies. 3.07. In addition to regular meetings, the Board shall have an annual meeting at a location as may be designated by the Board on the second Monday of January of each year, or at such other time as the Board shall announce at least thirty (30) days in advance, for the purpose of setting the Annual Budget, electing officers and for the transaction of such other business as may come before the Board. Notice of the annual meeting shall be given to all directors of the Board in accordance with Section 8.02. 3.08. Except as otherwise provided herein, a simple majority of the voting Board Seats present at a properly noticed meeting, shall constitute a quorum for purposes of transacting business. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 9 CADocuments and Settings\gremUDcal Settings\Temporary Intemet Files\OLKWAgrmt Est RE 5 CLEAN.doc • E 3.09. Except as otherwise provided in this paragraph, a majority of the weighted votes of a quorum may adopt any motion, resolution, or order and take any other action appropriate to carry forward the objectives of the RE pursuant to this Agreement: a) A two-thirds (2/3) vote of all the weighted votes is required for the selection of the Operator; b) A two-thirds (2/3) vote of all the weighted votes is required for approval of the Annual Budget as outline in Section 4.04 of this Agreement; c) A two-thirds (2/3) vote of all the weighted votes is required for any material change to this Agreement; d) A two-thirds (2/3) vote of all the weighted votes is required to terminate this Agreement; e) A two-thirds (2/3) vote of all the weighted votes is required to add new Member Public Agencies to the JPE; and f) A two-thirds (2/3) vote of all the weighted votes is required for expenditures in excess of those budgeted. 3.10 The Board shall designate a recording secretary to establish, distribute, and post agenda notices as required by law, keep the minutes of all open meetings of the Board, and cause a copy of such minutes to be forwarded to each Member Public Agency within a reasonable time after each meeting. 3.11. The Board shall elect a Chair and Vice -Chair on an annual basis for the purpose of conducting Board meetings and performing other duties as may be required. In order to be elected as Chair or Vice -Chair, the individual must be a designated representative of a Member AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 10 CADocuments w d SeWngs\gr=t\Local SettingATempormy Intema t Files\OLKME Agcmt Est ME 5 CLEAN.doc 0 0 Public Agency with voting rights. The Vice -Chair may carry out all the duties of the Chair in his absence. 3.12. The names and titles of the individuals constituting the initial officers and who are to serve until the first annual meeting of the Board held under the provisions of this Agreement are: TITLE Chairman Vice -Chairman 3.13. The Board may appoint an executive committee of not fewer than two voting Board members to serve at its pleasure, to act for it with respect to specifically delegated functions as established and set forth in the bylaws of the JPE. 3.14. The Board will select, appoint, and contract with an Operator. 3.15. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all relief, pension, disability, worker's compensation, and other benefits which apply to the activities or omissions of officials, officers, employees, volunteers, or agents of any of the Member Public Agencies when performing their respective functions for their respective Member Public Agency shall apply to such person(s) to the same degree and extent while they are assigned to the Board to perform and are performing any of the functions and other duties of the Board pursuant to authority granted by this Agreement. None of the officials, officers, agents, volunteers, or employees of a Member Public Agency appointed to the Board or performing services at the direction of the Board shall be deemed by reason of their appointment or service to be employed by any of the other Member Public Agencies or the Board or be subject to any of the requirements of the other Member Public Agencies. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page I 1 C:\Documents and Settings\greenUocal SettingffemporM Internet Fi1es\0LK9E\Agrmt Est RE 5 CLEAN.doc 3.16. All meetings of the Board shall be governed under the provisions of the "Idaho Open Meeting Law," Idaho Code §§ 67-2340-2345. 3.18. All records of the JPE shall be. maintained and provided and be subject to disclosure under the provisions of the Public Records Act, Idaho Code Sections 9-337 through 347. ARTICLE IV BUDGET AND DISBURSEMENTS 4.01. The Member Public Agencies have previously agreed to fund on a shared basis, through grants to the Boise City Housing Authority, the costs of acquiring real property and constructing the Facility through budgetary appropriations as follows: a) Department of Health and Welfare, State of Idaho - $500,000 Grant to Boise City Housing Authority. b) County of Ada - $250,000. C) The City of Boise — $1,035,000 CDBG Grant to the Boise City Housing Authority and devise of the real property located at 324 North Allumbaugh, Boise, Idaho. d) Boise City Housing Authority - $7,500. 4.02. Once construction is completed and the Facility is available to provide services to Eligible Recipients, the Member Public Agencies have agreed to request appropriations for the first fiscal years' Actual Annual Contribution to Operations as follows: a) Department of Health and Welfare, State of Idaho - $900,000 to be used to operate an eight (8) bed psychiatric unit to provide stabilization and medical care to psychiatric patients suffering from a sub -acute mental health crisis for an average length of stay of 3 to 5 days. b) County of Ada - $250,000 c) The City of Boise — $240,000 d) The City of Eagle — $16,000 e) The City of Meridian — $52,000 AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 12 CADocuments and Stings\geent\Local Settings\Temporary Int=et Files\0LK9E\Agrmt Est RE 5 CLEAN.doc 4.03. In ensuing fiscal years, each Member Public Agency will determine, in its sole discretion, whether and in what amount it will request an appropriation for an Actual Annual Contribution to Operations. Each Member Public Agency's Actual Annual Contribution to Operations of the Facility is contingent upon appropriation by the governing body of each Member Public Agency of sufficient funds for that purpose. Each Member Public Agency retains the right to cease appropriations for the operations and maintenance of the Facility at the end of any fiscal year as determined by their respective governing authorities, provided, however, that a decision to cease appropriations shall be subject to the terms of Sections 6.02 and 6.05 below. 4.04. At the conclusion of each fiscal year, the Operator shall make a report to the Board regarding the excess or deficiency of revenues over (or under) expenditures. Such report shall include "budget to actual" comparisons based upon the previously adopted Annual Budget. The Operator shall prepare annually a proposed budget for the ensuing fiscal year that shall be submitted to the Board for consideration at least sixty (60) days prior to the Board's annual meeting. The Board shall review the proposed budget and shall approve and adopt an Annual Budget at the Board's annual meeting for the next Fiscal Year based upon the Operator's recommendations and pursuant to procedures developed by the Board. The Annual Budget shall set the Annual Proposed Contribution for each of the Member Public Agencies. The basis upon which each Annual Proposed Contribution is determined shall be set forth in the bylaws of the Association. 4.05. All funds received by the Board, will be placed in an object interest bearing account, managed and held in trust by Ada County on behalf of all the Member Public Agencies. The receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles. There shall be strict AGREEMENT ESTABLISHING A JOINT POWERS ENTTTY - Page 13 CADocumems and Settings\geentV.ocal Settingffempmry Intemet Fi1es\01,K9E\Agimt Est HE 5 CLEAN.doc accountability of all funds. All revenues and expenditures shall be reported to the Board on a quarterly basis, unless otherwise required by the Board. 4.06. All expenditures within the approved Annual Budget shall be made upon the approval of the Board in accordance with the rules, policies, and procedures adopted by the Board. No expenditure in excess of those budgeted shall be made without first obtaining approval from the Board upon a two-thirds (2/3) vote of all the weighted votes and the budget shall thereafter be revised and amended. 4.07. The records and accounts of funds held by Ada County shall be audited annually by an independent certified public accountant and any cost of the audit shall be paid by the JPE. Copies of such audit report shall be filed with each Member Public Agency no later than fifteen (15) days after receipt of said audit by Ada County. ARTICLE V LIABILITIES 5.01. Except as provided in Section 5.05, the Member Public Agencies intend to be fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or expense arising out of, or in any way related to, the performance of this Agreement. Accordingly, the provisions of this Agreement should be broadly construed in favor of protection for the Member Public Agencies and interpreted to provide the fullest possible protection to the Member Public Agencies and Member Public Agency's officials, officers, agents, volunteers, and employees. 5.02. The Member Public Agencies intend to contract with an Operator that agrees to be solely responsible for and retain all debts, liabilities, and other obligations for all activities of the Facility. Further, the Operator must maintain sufficient insurance coverage in effect at all times to cover any such claim, loss, liability, or obligation, as recommended by and approved by the Board. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 14 CADocuments and Setdngs\veent\Local SettingsWempoiary Internet Fi1es\0LK9E\Agtmt Est RE 5 CLEAN.doc 5.03. Except as provided in Section 5.05, the Member Public Agencies intend to contract with an Operator that agrees to protect, defend, indemnify, and hold free and harmless the Member Public Agencies, the JPE, the Board, and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by the Operator or employees of Operator, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the negligent acts or failure to act in the course and scope of carrying out their responsibilities in the performance of their duties. In addition, and without limiting the foregoing indemnification obligation, the Operator must maintain sufficient insurance coverage in effect at all times as recommended by the Board, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 5.05. Member Public Agencies shall be responsible for the continued provision of worker's compensation coverage for the officers or employees of the Member Public Agencies that serve as Board members. In this regard, each Member Public Agency shall defend, indemnify, and hold harmless the Operator and any other Member Public Agencies, and their respective officials officers, employees, contractors, agents, and representatives with respect to any claim, loss, liability, damage, lawsuit, cost, or expense, including attorney's fees and costs, that arises out of, or is in any way related, to any industrial/worker compensation injury sustained by an officer or employee of the indemnifying Member Public Agency during the performance of service on the Board under this Agreement. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page IS C Tocuments and Settings\greent\Local SettingsUempoiary Intemet Files\0LK9E\Agnnt Est ME 5 CLEAN.doc 5.06. The Member Public Agencies will contract with an Operator that agrees to employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the JPE, the Board, and each Member Public Agency from adverse financial consequences. This may be accomplished in part through the purchase of appropriate commercial insurance. 5.07. The Operator shall act in an advisory capacity to the Board to provide guidance in the area of risk management, loss control, insurance procurement, and claims management. The Operator will be responsible for maintaining the original insurance policies and other risk management and insurance documents. 5.08. During the term of this Agreement, the Member Public Agencies will contract with an Operator that agrees to purchase and maintain sufficient amounts of commercial insurance coverage. The types, limits, retention levels, deductibles, policy forms, and carriers providing the above required insurance coverage's shall be recommended by the Operator to the Board for its approval, consistent with this Agreement. The Board may also seek other input prior to making the insurance requirement determination. 5.09 Ada County shall protect, defend, indemnify, and hold free and harmless the other Member Public Agencies and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by Ada County or employees of Ada County, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the negligent acts or failure to act in the AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 16 CADocuments and Se=gs\gmwt\Local Settings\T—Porwy Internet F11es\oLK9SAgmt Est RE 5 CLEAN.doe 0 • course and scope of carrying out the responsibilities in the performance of its duties to the JPE under Sections 2.08 and 4.05. ARTICLE VI ADMISSION AND WITHDRAWAL OF MEMBER PUBLIC AGENCIES 6.01. Additional public agencies may become signatories to this Agreement and Member Public Agencies of the JPE upon such terms and conditions as are determined by the Board and upon a two-thirds (2/3) vote of all the weighted votes. 6.02. Subject to paragraph 6.05, Member Public Agencies have the right to voluntarily withdraw from this Agreement, the JPE, or the Board at any time, in their sole discretion. 6.03. Member Public Agencies shall involuntarily withdraw from this Agreement and resign from the JPE and the Board, when a Member Public Agency fails to duly budget and appropriate, from revenues legally available to it for the ensuing fiscal year, its Annual Proposed Contribution. With the exception of the State of Idaho, Department of Health and Welfare, each Signatory's annual renewal of this Agreement shall be deemed to be exercised by a Member Public Agency upon the adoption by September 15 of any year, of a budget for the ensuing fiscal year, duly budgeting and appropriating the amount of money required to meet the Annual Proposed Contribution established by the Board for the ensuing fiscal year. The State of Idaho, Department of Health and Welfare's annual renewal of this Agreement shall be deemed to be exercised upon the adoption by Ajw2 15 by the Legislature of any year, of a budget of the ensuing fiscal year, duly budgeting and appropriating the amount of money required to meet the Annual Proposed Contribution payable by the State of Idaho established by the Board for the ensuing fiscal year. Within ten (10) days following the adoption of a budget duly budgeting and appropriating said funds of the ensuing year, each Signatory shall deliver to the Board a written AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 17 CADocuments and Settings\greent\Local Settings\Temponuy Internet Fi1es\0LJK9E\Agtmt Est JPE 5 CLEAN.doc statement certifying that it has duly budgeted and appropriated said funds for the ensuing fiscal year, which written statement shall be accompanied by a copy of the budget so adopted and a certified copy of the resolution or other official action of the governing board or authorized executive adopting said budget and appropriating said funds. The due appropriation of funds as aforesaid shall constitute a valid and enforceable obligation of the Signatory for the payment of such funds for the ensuing fiscal year for purposes specified. 6.04. In the case of a voluntary withdrawal, written notice shall be given at least sixty - days (60) days prior to the effective date of withdrawal except that such notice requirement may be shortened (i) by unanimous approval of the Board members present at the meeting at which the Board considers shortening the notice requirement., or (ii) upon breach of this Agreement by the Board or any Member Public Agency, in which case the withdrawing Member Public Agency may withdraw effective at any time. 6.05. Neither voluntary nor involuntary withdrawal shall relieve the withdrawing Member Public Agency of its obligations for Actual Annual Contributions to Operations already appropriated in the fiscal year prior to the effective date of the Member Public Agency's withdrawal. ARTICLE VII TERMINATION AND DISPOSITION OF ASSETS 7.01. The JPE shall continue to exist and exercise the powers herein until this Agreement is terminated by a vote of two-thirds (2/3) of all the weighted votes; provided, however, that no termination shall be complete and final until the Operator has satisfactorily disposed of all financial obligations and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the Association. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 18 C:\Dmumel is and SetfmgS*Mmt\L0W Sennas\Temporary kdemet Files\OlXgE\Agmt Est ME 5 CLEAN.doe • 7.02. Termination shall occur upon: a) The written consent of two-thirds (2/3) of all the weighted votes; or b) Upon the withdrawal from the Board of a sufficient number of the Member Public Agencies that results in a lack of effectiveness as determined by a two-thirds vote of the remaining Board members; 7.03. In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each current Member Public Agency of the Association immediately prior to the termination of this Agreement, a share of such funds proportionate to the contribution made to the Association by said Member Public Agency in the fiscal year immediately prior to the termination of this Agreement. 7.04. Notwithstanding any other provisions of the Agreement, the Member Public Agencies agree to abide by the following procedure for selling of assets in the event the Agreement is terminated unless an alternate method of dissolution is required by the funding or origin or otherwise by law. The assets shall be given a fair market value by an appraiser agreed upon by the Board. Before the assets are sold on the open market, the Member Public Agencies each shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement. If an agreement cannot be reached concerning a purchase of the assets, then they shall be sold on the open market. Proceeds from the sale of assets upon termination of the Agreement shall be distributed to the Member Public Agencies in a manner consistent with the cost-sharing format outlined in Paragraph 7.03 of this Agreement. ARTICLE VIII MISCELLANEOUS 8.01. This Agreement may be materially amended upon a two-thirds (2/3) vote of all the weighted votes; provided, however, that no amendment may be.made that would adversely AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 19 CADocuments and Settings\greent\L.ocal SettingATempoia y Internet Files\0LK9E\Agmt Est ME 5 CLEAN.doc affect the interests of the owners of bonds, letters of credit, or other financial obligations of the Association. 8.02. Any notice or instrument required to be given or delivered shall be provided by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Member Public Agencies, at the following address: 8.02.1 Ada County Attn. Board of Ada County Commissioners 200 W. Front Boise, ID 83702 8.02.2 City of Boise 150 N. Capitol Blvd. P.O. Box 500 Boise, ID 83701 8.02.3 City of Eagle 310 E. State Street P.O. Box 477 Eagle, ID 83616 8.02.4 City of Meridian 33 E. Idaho Meridian, ID 83642 8.02.5 Boise City Housing Authority 1276 River Street, Suite 300 Boise, ID 83702 8.02.6 Director, Department of Health and Welfare 450 West State Street Boise, ID 83720-0036 Any notice so given shall be deemed to have been received by the Member Public Agency to whom the same is addressed at the expiration of five (5) days after deposit of the same in the United States Post Office. Any Member Public Agency may change the address or designee to whom notices shall thereafter be given upon five (5) days prior written notice to the other Member Public Agencies in the manner set forth in above. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 20 C:\Documents and Settings\greent\[ncal Settingffemponuy Internet Files\OLK9E\Ap = Est ME 5 CLEAN.doe 8.03. This Agreement shall be effective upon the date stated on page one of this Agreement. 8.04. Member Public Agencies by being Signatories to this Agreement, do not waive any immunities or limitations of liability provided to them, the state of Idaho or their respective employees by an law of this state or nation. No official, officer or employee of the Operator or any Member Public Agency shall have any financial interest, direct or indirect, in the JPE or the Facility. Nor shall any such officer or employee participate in any decision relating to the RE or the Facility that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation. 8.05. Any controversy or claim between any Member Public Agencies, or between any such Member Public Agency or Member Public Agencies and the Operator, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to mediation. The Member Public Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and the Operator. Such notice shall designate such other Member Public Agencies as the initiating Member Public Agency intends to have bound by any award made therein. Each Member Public Agency involved in the mediation shall bear its own legal costs, including attorney fees. 8.06. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 21 CADocuments and Settmgs\geent\Local Settmgs\Temporary Intemet Files\OLKM Ag Est RE 5 CLEAN.doc • 8.07. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Public Agencies hereto. 8.08. A Member Public Agency shall not assign any rights or obligations under this Agreement without the written consent of all other Member Public Agencies. 8.09. The governing authorities of the Member Public Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 8.10. This Agreement, supersedes any and all other agreements whether oral or written, between the Signatories hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the all the Member Public Agencies, hereto. 8.11. This Agreement is perpetual unless terminated or dissolved as hereinbefore provided. 8.12. This Agreement shall be governed and interpreted in accordance with the laws of the State of Idaho. 8.13. It is anticipated that there will be other public agencies joining as Member Public Agencies of the RE who will be required to sign as Signatories to this Agreement as a joint exercise of their powers and there shall be prepared a separate signature page for each such public agency, the original of which shall, upon approval of the Board, be appended to this Agreement. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 22 CADocuments and SettingftreentUmcal SettingATemporary Internet Files\OLK9EWgrmt Est RE 5 CLEAN.doc 0 CITY OF BOISE By: Dave Bieter, Mayor ADA COUNTY By: Commissioner By: Commissioner By: Commissioner CITY OF EAGLE By: Phil Bandy, Mayor CITY OF MERIDIAN By: Tammy de Weerd, Mayor STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE By: Richard M. Armstrong, Director Dated: Dated: Dated: Dated: Dated: Dated: Dated: • AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 23 CADocuments and Settings\geent\Local Settingffempomry Intemet Files\OL.K9E\Agrmt Est ME 5 CLEAN.doc • � {flYll of Tre�re VeUey CONSTRUCTION REVENUES City of Boise (CDBG Grant) $1,035,000 IDH&W Service Component Grant 500,000 Ada County 250,000 Boise Open Golf Shoot -Out (JA&KA Foundation) 330,000 HHS Earmark Appropriations (Start-Up/FF&E/etc.) 383,187 HUD Earmark Appropriations 171,500 United Way of Treasure Valley 50,000 Community Detox Coalition (SHIP is fiscal agent) 10,000 Boise City/Ada County Housing_ Authority 7,500 TOTAL REVENUE $29,7379187 CONSTRUCTION EXPENSES Tie: Face Brick w/Concrete Block Back-Up/Steel Frame/Green Building Components Stories: 1; Stoa Height: 10'; Floor Area: 8,646 sq. ft.;.No Basement; Union Wage Rate Substructure - Standard Foundation $ 15,616 Slab on Grade 41,276 Excavation 1,650 Shell - Floor Construction 17,200 Roof Construction 152,500 Exterior Walls 65,500 Exterior Windows 63,500 Exterior Doors 1,075 Roof Coverings (metal) 65,000 Roof Openings 955 Interiors - Partitions 17,500 Interior Doors 7,700 Wall Finishes 12,300 Floor Finishes 25,900 Ceiling Finishes 11,500 Services - Plumbing Fixtures 217,500 Domestic Water Distribution 223,000 Rain Water Drainage 19,100 Terminal/Package Units (radiant floor heat/roof AC) 119,500 Standpipes 15,300 Electrical Service/Distribution 43,500 Lighting and Branch Wiring 68,500 Communications and Security 25,600 Other Electrical Systems 5,425 Equipment & Furnishings - Other Equipment (back-up generator) 35,400 Site Development 95.550 Sub -Total ($158.17 per sq. ft.) $1,367,547 General Contractor (O&P) 05%. $23.73 per sq. R) .205.132 TOTAL CONSTRUCTION COST ($181.90 per sq. ft.) $1,572,679 Pagel of 3 Region IV Substance Abuse and Mental Health Crisis Center (May, 2008) UnMed Wey ofTreaeu WUey SOFT COSTS — Architectural Fees (A&E) (10%; $18.19 per sq. ft.) $ 157,268 Building Permit and Fees ( 2%; $ 3.64 per sq. ft.) 31,454 Contingency Fee (21%; $38.20 per sq. ft.) 325,859 Project Management Fee (BC/ACHA) (18%; $32.74 per sq. ft.) 283,055 Inflationary Cost ( 8%. $16.90 per sq. ft.) 146,123 Total Soft Costs ($109.16 per sq. ft.) $ 943,759 TOTAL DEVELOPMENT COST ($291.05 per sq. ft.) $2,516,438 OTHER COSTS — FF&E and Start -Up ($25.53 per sq. ft.) $ 220,749 Boise City Owned Land Valued of $310.000 (purchased w/prior CDBG funds) 0 TOTAL PROJECT COST ($316.58 per sq. ft.) Page 2 of 3 $2,737,187 Region N Substance Abuse and Mental Health Crisis Center (May, 2008) alit UnRed Way ofTrea�ureValley ANNUAL OPERATING REVENUES State of Idaho, Region IV Department of Health and Welfare $900,000 Ada County 250,000 City of Boise 240,000 City of Meridian 52,000 City of Eagle 16,000 Saint Alphonsus Regional Medical Center 200,000 Saint Luke's Regional Medical Center 150,000 Third Party Reimbursement - Billable Services 50.000 TOTAL REVENUE $1,8589000 ANNUAL OPERATING EXPENSES $ 20,000 Personnel Exuenses Salary and Benefits Program Admimstrator/Treatment Supermtendent/Clinic Director $ 97,000 Detox Technicians 135,000 Detox Nursing Assistance 235,000 Mental Health Technicians 160,000 Mental Health Nursing Assistance 230,000 Detox Specialized Medical Support Staff (as -needed) 85,000 Mental Health Medical Specialized Support Staff (as -needed) 150,000 Food Service (kitchen & staff) 20,000 Housekeeping/Janitorial 21,500 Receptionist/Accounts Payable Clerk 46.5.00 Total Staffing Expenses $1,180,000 Oueration and Maintenance Exuenses Utilities - electric, natural gas $ 20,000 Phone/DSL 15,000 Water/Sewer/Trash & BIO HAZARDOUS Waste 75,000 Food and Kitchen supplies 95,000 Yard Care/Landscaping 20,000 Clothing (scrubs, etc.) 25,000 Staff Training and Certification 25,000 Copier/Maintenance & Printing 10,000 Medical Supplies 80,000 Pharmacy 60,000 Labs/Drug Tests 55,000 Office Supplies & Cleaning Supplies 18,000 Insurance (general liability, director/officers insurance, etc.) 65,000 Software Licensing 10,000 Travel & Meeting Expenses 5,000 Security Service (for sobering station) 70,000 BC/ACHA reimbursements 30.000 Total Other Operation Expenses $678,000 TOTAL DIRECT OPERATION COST $19858,000 Page 3 of 3 Region 1V Substance Abuse and Mental Health Crisis Center (May, 2008) • October 3, 2008 FP 08-016 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Kuna Victory, LLC ITEM NO. REQUEST Final Plat approval for 5 building lots and 1 common lot on 4.80 acres in a C -G zone for Emerson Park Subdivision - 130 E. Victory Road (Lot 4, Block 1, Mussell Corner) 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 Staff Comments Approv,-C- - Rcpoay-f-, Ckjobe, No Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. I 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF KUNA VICTORY LLC, FOR FINAL PLAT APPROVAL OF 5 COMMERCIAL BUILDING LOTS AND 1 COMMON LOT IN A C -G FOR EMERSON PARK SUBDIVISION, LOCATED NORTH OF E. VICTORY ROAD AND APPROXIMATELY 238 FEET EAST OF S. MERIDIAN ROAD, IN SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST C/C October 7, 2008 CASE NO. FP -08-016 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code I1 -6B-3 on October 7, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 7, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING EMERSON PARK SUBDIVISION LOCATED IN SECTION 19, T. 3N., R. 1 E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 8/22/2008, SHEET 1 OF 3, JEFFREY H. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EMERSON PARK SUBDIVISION / (FP -08-016) Page 1 of 4 i MCALLISTER", Kuna Victory LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 7, 2008, listing .12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 7 pages, and by this reference incorporated herein, and the response letter from Richard Kinder, Toothman-Orton Engineering Company, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein. 2. The 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EMERSON PARK SUBDIVISION / (FP -08-016) Page 2 of 4 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EMERSON PARK SUBDIVISION / (FP -08-016) Page 3 of 4 By action of the City Council at its regular meeting held on the I day of DPA_6x_r , 2008. By: Tammy%erd of '%,Mayor,�9 of Meridian Attest: o SEAL Jaycee ol-man City Clerk Copy served upon Applicant, the %a p t, Public Works Department, and City Attorney. B Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EMERSON PARK SUBDIVISION / (FP -08-016) Page 4 of 4 t • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Meeting Date: October 7, 2008 E IDIAN 0 4 f6AM0 TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 55 208-898-55.00 SUBJECT: Emerson Park Subdivision Request for Final Plat Approval of Emerson Park Subdivision Consisting of 5 Commercial Building Lots and 1 Common Lot on 4.8 Acres in a C -G Zoning District by Kuna Victory, LLC (File# FP -08-016). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Kuna Victory, LLC, has applied for final plat approval of 5 commercial building lots and 1 common lot on 4.8 acres of land for Emerson Park Subdivision. The zoning district for the proposed subdivision is C -G (General Retail and Service Commercial District). Emerson Park Subdivision is located at 130 E. Victory Road, on the north side of E. Victory Road, approximately 238 feet east of S. Meridian Road, in Section 19, T. 3N.; R. 1E. The development is a resubdivision of a portion of Lot 4, Block 1 of Mussell Corner Subdivision, which was recorded in 2006 The subject site is the first phase of Emerson Park, which was approved on December 18, 2007 by the Meridian City Council. There are 11 less lots shown in this area on the final plat than were shown on the approved preliminary plat. Even with the loss of the 11 lots, staff finds that the submitted final plat substantially complies with the approved preliminary plat. An application for alternative compliance for the required 15 -foot landscape buffer along E. Victory Road was submitted concurrently with the final plat application. As a condition of the Emerson Park Preliminary Plat, staff has reviewed and approved (September 30, 2008) the alternative compliance application submitted by the applicant (ALT -08-018). An application to amend the Mussell Corner development agreement (MDA -08-005) to reflect the conditions of approval of the Emerson Park preliminary plat has also been submitted concurrently with this application. The MDA application was also a condition of the Emerson Park Preliminary Plat. The staff report for MDA -08-005 will be heard on October 28, 2008. Any terms of that amendment, if approved by City Council, shall also apply. Staff recommends approval of Emerson Park Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS FP -08-016 Emerson Park Subdivision FP.doc PAGE 1 • !• CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 1. Applicant is to meet all terms of the approved Mussell Corner development agreements (Instrument No.'s 104153422 & 106155843), annexation (A7--03-038), preliminary final plat (PFP-03-007), and conditional use permit (CUP -03-071), and Emerson Park preliminary plat (PP - 07 -014) and alternative compliance (ALT -08-018) applications for this subdivision. All applicable terms of any subsequent approvals on this site shall also apply. 2. If the City Engineer's signature has not been obtained by 12/18/09, the Final Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. I 4. Revise or add the following note(s) on the face of the plat prepared by Toothman-Orton Engineering Company, stamped on 08/22/08 by Jeffrey H. McAllister, prior to signature of the final plat by the City Engineer: 7.) Revise to include Development Agreement Instrument Noss 104153422 and 106155843. 10.) Revise to include recorded public utility, drainage and irrigation easement number. 12.) Revise to include recorded ACHD roadway easement number. 13.) Revise to include recorded sewer, easement number. 14.) Revise to include recorded cross access agreement easement number. *.) Depict the required 25 -foot landscape buffer to an adjoining residential use on the east property line, on Lot 1, Block 2. *.) Depict the 10 -foot landscape buffer easement along S. Holleran Place. *.) Add a note(s) to the face of the plat addressing the ownership and maintenance responsibility of all landscape buffers and easements. 5. The landscape plan, prepared by Toothman-Orton Engineering Company, and dated 8/06/08 is approved with the following changes: a) Add the lawn/grass symbol in the planting schedule. b) Depict the lawn/grass of the 2M Building site detail. c) Depict the required 25 -foot landscape buffer to an adjoining residential use on the east property line. d) Depict the natural pond on Lots 2 and 3, Block 1. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 6. The open water pond on Lots 2 and 3, Block 1, shall have recirculated water and. shall be maintained such that it does not become a mosquito breeding ground (UDC 11 -3B -9C.6). 7. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. i FP -08-016 Emerson Park Subdivision FP.doc I PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPART• TS STAFF REPORT The required 25 -foot landscape buffer on the east property line shall provide a mix of vegetative materials and shall result in a barrier that allows trees to touch at the time of maturity (UDC 11- 313-9). 9. No trees shall be allowed in the public utility, drainage and irrigation easements. 10. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter- fen shall be installed o the east side prior- to release ..f building pe fFn is f F this bdi 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 12. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all, irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place,; water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a FP -08-016 Emerson Park Subdivision FP.doc PAGE 3 I CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 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. 8. 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. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. Trees associated with the approved retail nursery shall not be subject to' mitigation. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 14. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 15. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 16. At the completion of the project, the applicant per the City of Meridian AutoCAD standards. approved prior to the issuance of a certificate project. STAFF RECOMMENDATION shall be responsible to submit record drawings These record drawings must be received and )n of occupancy for any structures within the Staff recommends approval of the final plat for Emerson Park Subdivision (FP -08-016) with the above stated comments and conditions. FP -08-016 Emerson Park Subdivision FP.doc I PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Exhibits 1. Submitted Final Plat 2. Submitted Landscape Plan FP -08-016 Emerson Park Subdivision FP.doc PAGE 5 0 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submitted Final Plat EN P .......PV,-.... . �,T .LOT', I. . 4-- '., IQI`I 73 �51 =P -M 4 %. X UAMAfir FP -08-016 Emerson Park Subdivision FP.doc PAGE 6 — %4.1.T'r Vr* --XZX-L01AjN,',ADA CO-UNTy 'IDAHO SAI VZ k lit 11'• 'iqq J. 5. IQI`I 73 �51 =P -M 4 %. X UAMAfir FP -08-016 Emerson Park Subdivision FP.doc PAGE 6 • 1 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Submitted Landscape Plan JVIA- i rr� ti' s 2 P� i 4 # .alt°t a �'•� 1 ,L+ --•w -T— _ _ • Jam` PNA.� IdND5CIP1Af: DiIN - _ — .—_ •••-•• s.— ..- '� .. � li FP -08-016 Emerson Park Subdivision FP.doc PAGE 7 ae 0 �I�1• I FP -08-016 Emerson Park Subdivision FP.doc PAGE 7 0 to Jennifer Voafth! From: Kinder, Riph j.Mnder@toenqrco,corpj Sent.: -Friday October.Q3, 2008'1'1:1,TAM T6i Zc: 'chri'sQo §lan'9—Y-.PPM S004r. RE, :Emerson Raik FP -Staff 'ROK)bit, .fdnnyr -W6;4pp'rCCIq'f'q 31 Our. efforts, and with L�% 6zi the Emerson Park -$ubdiVision. Wi�-Are in receipt 61' r the finzilplit,and acc- eptthe conditions contained within with ffi iteme excq'pon of item COwregarding.rencing-the pagpoger.ty- As prey dis.cusse.d'+Yiih yqu, intend"6 ovj.*djqg# buffer in a66or with'IJ. "iBq n pT I landscape- 1, -h6vevet-ake, not prop6sin toIenj�ethe.'Property TiaJtis'a7, again and PU�-6dll I( y6tt have any question's. '9 gal R'iclt, Kinder ph204-423-2.2 '88, 'Cell 20M,3'1-9`653 Frdirfi. Jennifer Veatch, trnaIlto:jveatch@ MeridizincityQrg] 'Thursday, 6cio6er-6i,'20b63-4'T,'PA T . 0: Aycee H61man; Tara,JSreeh; Mac'helkeH111;'Ted Baird; Bill Nary, Michelle Albertson Ce. KinderRith; C. Ca leb. Hood Siibji!d:EMerson; Park FP Staff R'epoq Please find -attached; 9 c0py Ofthe fihbl plat,btdff report. for E�ers - on Park S tidivision (FP -66-016).- This item is scheduled 'io, 64* on the Ciiy'6 Council agiend.a.oh 0 dobef'7,2008: The public medfilng,will be Field at. Ci.ty*Hlalf, 33,E. !daho.A�v4h'u­ beginning at ''" 7:00"Prn. Please :calf � calfor e-niail.vVith -any quesiions. ,loch, . please submit a 'Written response to the staff: report to me,pillor to1he. Council meeting, on August. 12, 2008: I 'Thank you, j9enoly tYeach Atop &D M&i6jID 95649 2bii, 4 53531 Lot, da i, W3/2909 October 3, 2008 AP 08-003 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Ward Schwider ITEM NO. /110 REQUEST Continued Public Hearing from September 9, 2008 — Request for City Council Review fo an Appeal of Director's Determination to deny alternative compliance to allow a portion of former Idaho Truss site to be used for shared parking for Broadway Integrated Project — 130 E. Broadway AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 3, 2008 AP 08-005 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT The, Land Group ITEM NO. 1 0 REQUEST Continued Public Hearing from 9-9 - CC Review of Planning Directors denial of Instant Equity Auto's request w/out connection to city services & denial of ALT 08-004 request for reduced landscape buffers adjacent to Fairview Ave. residential zoning district for Instant Equity Auto - 1065 E. Fairview Avenue AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: ® Ubr\ "' UP 1)utmdtmrs 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • October 7, 2008 AZ 08-004 MERIDIAN CITY COUNCIL MEETING October 3, 2008 APPLICANT Norpac, LLC ITEM NO. ] Z. REQUEST Public Hearing -- Request for Annexation & Zoning of 318.74 acres from RUT to R-4, R-8, & R-15 for Oakcreek -- e/o McDermott, w/o Black Cat, s/o Chinden & n/o Ustick AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: Prcfwc I n3V' a_ S �J 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 Lefters from citizens Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 October 7, 2008 PP 08-003 MERIDIAN CITY COUNCIL MEETING October 3, 2008 APPLICANT Norpac, LLC ITEM NO. REQUEST Public Hearing -- Request for Preliminary Plat approval of 139 lots on 30.72 acres in the proposed R-8 zoning for Oakcreek -- e/o McDermott, w/o Black Cat, s/o Chinden & No Ustick AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: r�� "wj 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: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i i I October 7, 2008 AZ 08-011 MERIDIAN CITY COUNCIL MEETING October 3, 2008 APPLICANT Nunzio Sgroi ITEM NO. 1 REQUEST Public Hearing -- Request for Annexation and Zoning of 2.953 acres from the R l to the R-8 zoning district for Srgol -- 4405 East Ustick 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: See attached P&Z Item Packet / Minutes See attached. Recommendations R-Cpnc �ndirt�-� qo�o-D Date: Phone: Emailed. WaTT inlTiais: Materials presented at public meetings shall become property of the City of Meridian. October 3, 2008 MERIDIAN CITY COUNCIL MEETING October 7, 2008 awf $ I APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 1 REQUEST Public Hearing -City Council Review of the Planning & Zoning Commission's decision to restrict the hours of operation for the Maverik convenience store & fuel sales facility to the hours between 6 a.m. & 11 p.m./7 days a week to allow it to operate 24 hours a day / 7 days a week for Maverik - Locust Grove / McMillan - NEC of N. Locust Grove Rd & E. McMillan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Memo from Planning CITY ATTORNEY CITY POLICE DEPT: Rc�Fare 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: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 3, 2008 TE 08-018 MERIDIAN CITY COUNCIL MEETING October 7, 2008 APPLICANT Centennial Development, LLC ITEM NO. L/ REQUEST Public Hearing - Approval of an 18 month Time Extension to obtain the City Engineer's singature on the Final Plat for Chesterfield Subdivision No. 2 - south side of W. Pine Avenue between N. Black Cat Road and N. Ten Mile 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;Staff Report See affached'Comments See attached;Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeHngs'shall become property of the City of Meridian. • MAYOR. Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 / fax 884-1159 • ftc& oc t Vz-b ci° ?408 �1�c� DELIQUENCY FOR TURN OFF Schedule for October 8, 2008 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre -termination hearing for October 7, 2008. Users having delinquent utility bills will be shut off on October 8, 2008. The total amount past due is $33,266.68 The number of past due customers is 322 Shellie L. Gallagher Utility Billing Manager CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CI'T'Y CLERK - FAx. 888-4218 CITY xnURNEY /FIR - FAx 884-8723 F[NANCE & L!I']L[n BILL.ING -1,1x 887-4813 MAYOR'S OFFICE - FAY 884-8116 S • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Oct 07, 2008 04:08pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () = {<)7700000001 Customer.Bill Cycle = 2 Customer. Customer Type = {not like) BANKRUPTCY% Customer. disconnected = No Customer.shut off list = No Ref No Cust No Name / Service Address Past Due Balance 1 15.21.1720.02 ADAMS,.SHIRLEY 101.17 174.99 2121 LEANN WAY 2 3.15.4205.02 ALBERT, GABRIEL 88.19 199.88 2625 WOLF RAPIDS DR W 3 8.08.1522.01 ALEXANDER, GREG & DENISE 51.68 106.01 221 SANTIAGO CT E NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!'!! IF SHUT-OFF THE RENTERS MUST PAY THE ENTIRE ACCOUNT BALANCE AND THE $30.00 FEE FOR TURN -ON. 4 8.85.0523.03 AMOAH-BUZZELL, EMELIA 439 HALPIN DR E 64.44 89.96 5 14.14.3620.03 ANDERSON, ALYSSA & TAYLOR 51.94 109.31 4089 BEDROCK DR W RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 6 8.30.2206.02 ANDERSON, CARL & MARGI 50.55 112.09 3993 LEGACY WOODS AVE N RENTER PAYS TOTAL DUE + FEE - - NO ARRANGEMENTS ALLOWED FOR THE TENANTS PER THE OWNER!!! 7 6.06.1284.02 ANDREASON, MICHAEL & CYNTHIA 63.35 126.57 5264 SCHUMANN AVE N 8 16.31.3328.02 ANDREWS, AYA 64.37 148.07 923 DELMAR DR 9 16.32.0482.02 ANSON, REBECCA 120.25 186.25 2213 KENMERE DR 10 17.33.1826.02 AYERS, DOVIE A. 158.11 183.63 103 WOODBURY DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers . Oct 07, 2008 04:08pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 11 15.22.0216.02 BAIMBRIDGE, DAVID 99.75 218.02 1620 KASTLE FALLS AVE N 12 10.10.0092.02 BAKER, DUSTIN 77.48 118.75 2977 WILDER ST W 13 13.13.6076.02 BAKER, JEFF & BILLIE 61.98 122.42 5037 SHIRDALE DR W 14 3.15.1336.02 BANK OF NEW YORK 51.82 77.34 1991 MARTEN CREEK DR W 15 3.15.5320.01 BARNHART, RYAN 80.10 165.63 2133 GRAND TETON DR W RENTER PAYS TOTAL DUE + FEE -- NO ARRANGMENTS ALLOWED FOR THE RENTERS PER THE OWNER!! 16 3.15.4018.01 BARR, CYNTHIA 147.26 276.12 2513 HUNGRY CREEK DR W 17 14.20.1840.03 BARTON, TIFFANY 415.76 444.03 3815 SEA ISLAND CT 18 16.26.0110.02 BATCHLOR, KRISTY 90.80 162.38 191 INDIAN ROCKS ST W RENTER PAYS TOTAL DUE + FEE 19 7.48.1707.02 BECKER, BRETT & BARBARA 52.83 133.33 3941 DIXON AVE N 20 9.92.7042.03 BEHRENS, KURTIS 50.81 108.18 1211 LORETTA ST W 21 17.33.2316.01 BELL, LILLY 117.61 232.31 2518 ARROW WOOD WAY N 22 15.15.1044.01 BELT, MOLLY H 83.46 122.01 1767 LONESOME DOVE ST W RENTER PAYS TOTAL DUES + FEES 23 17.79.0605.02 BENNETT, A & CLY, R & BENET, C 50.54 109.30 693 WILLOW BROOK DR E NO ARRANGEMENTS FOR RENTERS PER PM!!'! 24 15.22.1512.02 BENSON, KENNETH & JULIE 167.40 348.57 1856 SANDALWOOD DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Oct 07, 2008 04:08pin Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref 15.21.1574.04 BLUE, ALLISON & JASON 87.26 146.81 No Cust No Name / Service Address Past Due Balance 25 15.21.3092.02 BEVEL, RITA 121.78 228.72 31 9.92.7022.04 2888 THAMES AVE N 104.64. 175.04 26 14.20.0700.05 BIGHAM, CINDY 118.33 177.09 32 18.42.1162.03 1669 GOLFVIEW WAY N 120.72 216.42 REMOVED CASH ONLY ALERT --HAS BEEN OVER A YEAR --DB 6/18/07 27 18.42.1136.03 BIRKLAND, DOUGLAS 60.81 124.40 1885 OAKCREST DR E 28 15.22.2366.03 BLACKMORE, ROBERT 78.71 132.28 1894 PARKSTONE ST W 29 1.8.98.0103.01 BLASER, DARREN & KIMBERLY 74.07 149.89 2498 FAIRVIEW AVE E 30 15.21.1574.04 BLUE, ALLISON & JASON 87.26 146.81 2701 KRISTEN CT W RENTER PAYS TOTAL DUE + FEE 31 9.92.7022.04 BOLES, J. & FURRER, J. 104.64. 175.04 1411 LORETTA ST W 32 18.42.1162.03 BOND, JENNIFER 120.72 216.42 2076 DIXIE AVE N NO ARRANGEMENTS ALLOWED UNTIL 5/12/09 DUE TO BROKEN ARRANGEMENT ON 5/12/08 --DB 33 10.10.0626.02 BOSSLER, LISA 68.87 158.09 2935 CAPRIANA DR W 34 16.31.0810.02 BOYLE, ARTHUR & MOLLY 68.31 116.22 2105 WEST 12TH ST N 35 16.31.3392.02 BOYLE, ARTHUR & MOLLY 52.49 124.31 1074 DELMAR DR 36 7.48.0080.02 BRESKI, PEGGY 56.25 88.98 2277 SUMMERDAWN DR E RENTER PAYS TOTAL DUE + FEE 37 16.16.3306.02 BREWER, CHRIS & ELIZABETH 120.29 161.85 300 SEDGEWICK DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Oct 07, 2008 04:09pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 38 13.13.8122.03 BRINKERHOFF, JAMEE & DOUG 130.63 267.80 5078 FAIRBOROUGH DR W 39 10.20.0066.03 BROWN, CHRISTOPHER M 73.74 120.21 3830 COOL RIVER WAY N 40 17.33.2336.01 BROWN, COLETTE 63.45 135.11 651 WOODBURY DR E RENTER PAYS TOTAL + FEES 41 7.48.1906.02 BROWN, SEAN & TAWNI 63.63 149.84 3724 PETTY WAY N 42 14.20.2016.02 BROWNING, WHITNEY & NICHOLE 128.30_ 250.10 3780 QUAKER RIDGE DR 43 8.22.0301.03 BRUE, KJ & SABRA 82.51 106.74 1281 STAR DR E 44 15.22.2534.03 BRUGGER, ERIC 103.25 160.62 1832 LOWRY ST W 45 18.42.2398.02 BRYANT, JOHN 101.65 206.08 1673 GREEN MEADOW CT E 46 7.04.0918.04 BURCHFIELD, DARRELL 82.83 180.82 1828 GRAND CANYON DR E 47 9.92.7140.03 BURT, MICHAEL 57.32 88.37 1356 LORETTA ST W 48 17.33.2736.03 BURTON, ANDREW 60.97 110.10 547 EDGAR ST E NO ARRANGEMENTS ALLOWED! A. BURTON (RENTER) 49 14.20.1364.05 BURTON, VAL 125.67 186.08 2095 ARONMINK WAY N NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!! 50 15.21.2174.06 BUTLER, MICHAEL 64.60 172.97 1905 BING AVE N 51 16.32.0910.03 CANNELL, FRANK & CATHY 77.69 342.22 2395 KELSEY PL N 58 5.05.0201.01 . CK3 ENTERPRISES 64.44 89.96 5943.MORPHEUS WAY N 59 9.92.7122.02 CLARK, ALLISON 88.20 141.90 4513 KILEE AVE N 60 18.42.2372.01 CLARK, DEREK & THOMAS, NATALIE 110.81 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Oct 07, 2008 04:09pm NO ARRANGEMENTS PER OWNER AND Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref 61 15.21.2892.01 No Cust No Name / Service Address Past Due Balance 52 4.70.1511.01 CAPITOL BUILDING CO 82.49 122.69 62 15.21.1078.02 825 CAGNEY DR W 104.35 53 16.32.1602.02 CARREON, MARTA 69.83 122.04 901 WOODBURY DR W 1.9.10.1323.02 54 14.20.2042.02 CHACE, RAYMOND 178.59 255.17 4173 ARCH DR E 1620 LAUDERHILL WAY N 55 15.22.1464.04 CHENEY, HOPE 63.09 104.39 353.13 1684 HENDRICKS ST W 1632 SANDALWOOD DR W 56 15.22.1494.03 CHRISTENSEN, BEN & RANDI 80.37 177.29 CORDREY, KATHY 53.59 1658 SANDALWOOD DR W 57 16.32.1322.03 CHRISTENSEN, TRAVIS 50.00 140.15 97 WOODBURY DR W 58 5.05.0201.01 . CK3 ENTERPRISES 64.44 89.96 5943.MORPHEUS WAY N 59 9.92.7122.02 CLARK, ALLISON 88.20 141.90 4513 KILEE AVE N 60 18.42.2372.01 CLARK, DEREK & THOMAS, NATALIE 110.81 213.33 1682 GREEN MEADOW CT E NO ARRANGEMENTS PER OWNER AND RENTER PAYS TOTAL DUES + FEES 61 15.21.2892.01 COIL, LISA 156.30 299.61 2597 STONE PL N 62 15.21.1078.02 COKER, RONALD B. 104.35 278.50 2717 WHITESTONE CT W 63 1.9.10.1323.02 COLLINS, JOSEPH & AUDREY 67.42 189.71 4173 ARCH DR E 64 15.22.1492.02 CONTE, ROGER & RAELYN 165.31 353.13 1632 SANDALWOOD DR W 65 8.08.1554.05 CORDREY, KATHY 53.59 118.17 386 SANTIAGO DR E RENTER PAYS TOTAL DUE + FEE 66 15.21.2222.01 COSTELLO, DAVID 76.76 131.85 2824 KANDICE CT W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Oct 07, 2008 04:09pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 67 17.34.1566.01 CRAGGS, RONALD & TONI 84.46 163.36 864 HAWK ST E 68 16.32.1178.04 CROSS, JEFFREY 1119.19 254.93 161 SPICEWOOD DR W 69 14.19.0112.01 CRUST, PHILLIP 50.81 93.76 3566 MUIRFIELD DR W 70 12.40.0206.02 CULVER, CONNIE 135.10 272.04 3390 OAKSTONE AVE N 71 14.19.5498.02 CURTISS, MARK & AMY 65.97 156.83 2901 VALAM AVE N 72 16.31.3636.03 DARRAGH, DANIELLE 83.83 198.56 2005 BLOSSOM PL 73 17.32.0003.01 DAVIES, ANTHONY G 73.21 190.77 2303 EAST 10TH AVE N RENTER PAY TOTAL DUES + FEES 74 17.33.2374.05 DAVIS, BRANDON & GAGGERO, BRAN 80.96 153.41 2716 ARROW WOOD WAY N RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE RENTER PER THE OWNERM 75 15.21.2228.03 DAVIS, JESSICA 67.62 144.84 2864 KANDICE CT W 76 15.21.1820.01 DAVIS, MARK 86.71 184.41 2001 TODD WAY 77 17.34.0862.02 DAVIS, SARA & WEEKES, C. 112.02 226.82 964 BROWN BEAR CT E 78 17.33.2612.06 DONALDSON, NEAL 89.67 158.20 2924 CAPE COD AVE N 79 17.34.2090.02 DOTY, CHRISTIANA 84.12 207.03 1041 TAMMY ST 80 18.42.4202.01 DOUGHTY, KELLY 101.95 169.47 2637 SANTEE PL N. CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Oct 07, 2008 04:10pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 81 16.32.0858.04 DREYER, MATHEW & POLEN,KATRINA 61.71 168.15 598 LONGFORD DR RENTER PAYS TOTAL DUE + FEE -- NO ARRANGMENTS ALLOWED FOR THE RENTERS PER THE OWNER!! 82 15.22.1418.02 EARLS, SCOTT & SHIRLEY 120.61 236.92 1745 MCGLINCHEY ST W 83 8.08.5062.03 ECKHOFF, DAREN 87.13 121.51 4497 HERITAGE VIEW AVE N 84 17.34.1898.01 EDINGER, REX S. 110.26 218.56 2111 LARK PL N 85 15.22.1502.02 EDWARDS, ROBERT 142.54 348.31 1742 SANDALWOOD DR W 86 14.14.5040.02 ELLIOTT, STEVEN & KELLI 78.67 140.34 3780 BISMARK DR W 87 5.50.0219.01 FEHR, JAKE & TIA 83.90 138.49 674 BONITA CANYON ST E NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE PM ---RENTER PAYS TOTAL DUE + FEE 88- 7.48.1218.02 FERNANDEZ, LARS ERIK 93.59 130.75 2498 OMERA ST E 89 15.21.0988.03 FIELDING, J. DAVID & ALISON 156.35 387.23 2774 PEBBLESTONE CT W 90 15.21.2690.02 FINN, STEPHANIE 173.34 350.49 3072 KENDRICK ST W 91 16.32.0570.04 FIRST HORIZON HOME LOANS 176.26 201.78 630 CRESTMONT CL 92 3.90.0138.01 FOX, JAMIE & MICHELLE 88.76 147.52 5434 CORTONA WAY N NO ARRANGEMENTS ALLOWED AND CASH ONLY FOR FOX (RENTER) PERMANENTLY. --DB 3/27/08 • ,• CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Oct 07, 2008 04:10pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 93 16.15.0104.02 FUHRIMAN, JOSEPH 79.47 125.20 3074 WEST 3RD AVE N 94 17.34.3276.03 GARAY, A. & BLANCO, E. 69.40 158.53 121.77 3009 BIG ROCK PL N 4133 BEDROCK DR W 95 3.15.4606.02 GARCIA, JORGE & KAREN 87.45 179.96 RENTER PAYS TOTAL DUE + FEE - NO 2268 RATTLESNAKE DR W NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM --- RENTER PAYS RENTERS, PER HPM!!! TOTAL DUE + FEE 3.18.0817.03 GARY L JONES 96 8.30.2604.03 GARCIA, TORY & JESSICA 88.33 145.70 2382 APGAR CREEK DR W 3720 HERITAGE VIEW AVE N 100 97 13.13.6042.03 GARDNER, CHEREE GOLDING 94.96 150.65 3085 VALLEY GREEN WAY N (CORNS 3353 MACON PL N 98 14.14.36.14.04 GARRETT, DAMON 76.80 121.77 4133 BEDROCK DR W RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 99 3.18.0817.03 GARY L JONES 69.48 129.44 2382 APGAR CREEK DR W 100 8.08.1442.03 GERMAN, DAVID 57.23 157.34 3353 MACON PL N 101 18.42.2396.04 GERLOCK, NATHAN & KERI McWHER 102.50 192.49 2278 GREEN MEADOW CT E 102 9.90.1707.02 GODFREY, TARA & MATTHEW 113.84 162.64 809 YOSEMITE DR W RENTER PAYS TOTAL DUE + FEE 103 17.07.0806,02 GOLUVOVICH, IVAN & VALENTINA 63.09 122.76 869 STORMY DR E 104 17.33.2752.01 GRAVES, DENNIS . 117.26 181.36 3120 CAPE COD AVE N NO ARRANGEMENTS ALLOWED AND CASH ONLY FOR MIKE GRAVES UNTIL 1/2/09 DUE TO NSF WRITTEN TO GET/KEEP WATER ON. ---DB 1/2/08 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Oct 07, 2008 04:10pm Current Period: 10/20/2008- Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 105 7.48.1515.02 GRIFFEN, KEVIN 59.83 132.69 3669 HAWKINS AVE N 106 8.81.0817.03 GUFFEY, RANDY & DEVENPORT, A. 56.84 123.28 582 HERITAGE PARK ST E RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 107 16.31.0124.03 GUSSIE, DOROTHY 60.68 93.41 1670 WEST 13TH ST N 108 15.22.1288.02 GUSSIE, DORTHY 70.91 148.64 2065 LASHER COURT 109 15.22.0914.02 GUTIERREZ, JUAN A 61.78 138.66 2261 MONACO WAY 110 4.70.0851.02 HALL, ROB & KANDI 63.05 131.77 5305 FOX RUN WAY N 111 17.34.2732.01 HAMILTON, FLOYD 96.12 139.75 1178 COUGAR CREEK DR E 112 8.08.0224.02 HAMPTON, ANDREW & JENNIFER 56.50 115.26 938 LEIGH FIELD DR E 113 16.32.1542.03 HANSEN, TROY 78.58 111.28 995 WATERBURY DR W 114 8.30.3104.03 HANSON, BRENT 53.72 105.01 4044 QUENZER WAY N 115 5.50.0161.03 HARADA, JAMES B & JODI L 103.59 186.37 829 JOSHUA TREE DR E 116 17.33.4248.02 HARGRAVE, CLATE & KAREY 117.54 219.88 2703 EUREKA AVE N 117 18.42.0288.01 HARTWELL, MARK 60.91 106.53 2635 APRICOT CT E 118 3.15.1335.02 HARTY, TONY & KIM 61.20 161.19 1989 MARTEN CREEK DR 119 10.10.2506.02 HAYES, GERRY & CHRISTINE 62.03 123.93 2003 TEANO DR W 120 16.31.2208.01 RAYMOND, DAVID 66.75 116.65 2567 12TH ST NW CITY OF MERIDIAN Shutoff Account List CITY COUNCIL I Page: 10 Standard Payment Customers Oct 07, 2008 04:11 pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 121 17.33.2718.02 HEINRICH, AARON & TINA 96.93 147.48 3076 CAPE COD AVE N 122 16.31.0828.04 HELTON, DEWEY & LISA 144.80 260.86 1211 DELMAR DR 123 18.42.0456.03 HELZER, JOHN 53.57 93.24 2443 GRAPEWOOD DR E 124 8.08.5040.02 HERB, BRYAN & AMY 82.83 108.35 4497 BRIGHT ANGEL 09/30/08 - 08:46 AM -- upsonc OWNER BRYAN CALLING TO GET SERVICES TURNED ON --AS FAR AS ACCT SHOWS SERVICES ON --TOLD CUSTOMER THAT WE NEED ACCT TO BE BROUGHT CURRENT BEFORE WE COULD DO A TURNON/OFF FOR INSPECTION IF SERVICES ARE OFF --HE WILL MAKE PAYMENT VIA ONLINE 125 16.31.2220.04 HERNANDEZ, MATILDA 127.92 276.33 2684 WEST 13TH ST N 126 16.32.0458.02 HERRELL, JACQUELINE 94.16 204.87 2130 WEST 8TH ST N 127 17.07.0202.03 HESS, HOLLIE & DUTTON, KATO 114.84 204.51 850 RINGNECK ST E NO MORE ARRANGEMENTS ALLOWED UNTIL 11/26/08 DUE BREAKING LAST ARRANGEMENTS --DB 11/27/07 128 5.50.0110.02 HESS, JOE & RHIANNON 52.83 112.98 4902 SAGUARO HILLS AVE N 129 17.34.1892.03 HILLIARD, ANN MARIE 52.34 142.08 2152 LARK PL N 130 16.31.0478.01 HIRAHARA, ED & TAMLYE 439.38 864.26 1532 SANDALWOOD DR CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Oct 07, 2008 04:11 pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref 18.42.2388.03 HUDDLESTON, TIM 74.32 184.43 No Cust No Name / Service Address Past Due Balance 131 12.40.0102.03 HORNE, KEVIN &HEATHER MITCHELL 55.11 125.38 3402 MAPLESTONE AVE N 137 18.42.0430.04 RENTER PAYS TOTAL DUE + FEE - NO 79.40 120.49 ARRANGEMENTS ALLOWED FOR 138 9.09.9362.02 RENTERS, PER HPM!'!! 94.02 150.63 132 18.42.2004.01 HOWELL, SHELLY 113.12 242.92 139 8.85.0124.01 2230 MEADOWROSE PL N 65.26 90.78 133 9.09.9118.01 HRISTOV, IORDAN & IRINA 70.86 118,74 140 8.08.0130.03 1495 WHITE SANDS DR W 102.40 183.01 134 3.15.4010.02 RUCKS, BRENT 64.10 147.53 2651 HUNGRY CREEK DR W 135 18.42.2388.03 HUDDLESTON, TIM 74.32 184.43 2255 GREEN MEADOW CT E 136 15.22.2500.03 HUMPHREY, DEANNA 70.59 120.62 3043 BLUE SPRINGS AVE N 137 18.42.0430.04 HUNT, ALAN B 79.40 120.49 2135 GRAPEWOOD DR E 138 9.09.9362.02 IBARRA, ISAIAS & EDELIA 94.02 150.63 1141 GREAT BASIN DR W 139 8.85.0124.01 INDYMAC BANK 65.26 90.78 4145 CONNER PL N 140 8.08.0130.03 IRELAND, CODY 102.40 183.01 3389 YELLOW PEAK AVE N 141 15.22.1594.02 JARA, JESUS & JOY 110.58 226.59 1777 BEARDON CT 142 18.42.1218.04 JENSEN, KIETH & TANYA 60.67 114.39 2111 CLARENE ST E RENTER PAYS TOTAL DUE + FEE 143 8.23.0402.02 JOHNSON, BRETT & N ANGELICA 64.10 147.79 4257 SUPAI AVE N 144 15.21.0080.03 JOHNSON, TIFFANY M 257.27 424.06 2402 LEANN WAY N • E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard. Payment Customers Oct 07, 2008 04:11 pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 145 17.34.1612.02 JOHNSON, WILLIAM 120.89 230.66 2613 CARIBOU WAY N 146 3.18.0108.02 JONES, ANDREW & ANGELA 55.11 112.48 5161 DOVE RIDGE PL N RENTER PAYS TOTAL DUE + FE 147 15.21.1934.01 JONES, DARICE 94.79 194.99 2612 MISTY DRIVE 148 18.42.3044.03 JONES, JEFFERY & LARNI 57.51 96.32 1932 CHALLIS DR E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR TENANTS PER THE OWNER!!!! 149 8.81.0717.02 KALINOVSKIY, NIKOLAY 112.53 190.14 3874 TIPTON WAY N 150 8.81..0509.05 KARRICK, JOSHUA 61.06 129.81 385 HERITAGE PARK ST E 151 1.7.34.0812.01 KAUTZ, KARL & LORRAINE 84.68 228.13 2298 10TH AVE NE 152 15.22.1322.01 KEARNEY, KAREN 176.23 478.87 1945 MONACO WAY 153 9.09.9332.02 KENT, SHARON 83.90 132.41 1339 WHITE SANDS DR W 154 15.21.0470.02 KNIGHT, RYAN 105.01 165.03 2582 WHITESTONE DR W 155 3.90.0050.02 KNIGHTON, PAUL & NICOLE 128.77 188.45 5433 AREZZO AVE N CUSTOMER IS NOW CASH ONLY PERMANENTLY DUE TO NSF RECEIVED TO GET/KEEP WATER ON --DUE TO PAST NSF'S, CUSTOMER IS NOW PERM. CASH ONLY. --DB 11/7/07 156 16.15.0103.03 KOGLIN, SHANE 63.09 103.00 355 USTICK RD W NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER, DAVID AINGER!!! 164 7.48.0034.03 LOOS, MELISSA & GRADY 117.12 285.54 2219 SATTERFIELD ST E NO ARRANGEMENTS FOR RENTER!!! 165 8.08.1058.05 LOPEZ, THERESA & LITTY, JOSEPH 147.26 205.99 245 MOSKEE ST E 166 15.21.0506.02 LOWRY, LOIS & DAVID 163.54 289.42 2846 QUARRYSTONE WAY N RENTER PAYS TOTAL DUE + FEE 167 17.79.0627.02 LUCERO, RICHARD 53.88 120.14 2080 ARROW WOOD AVE N 168 3.03.5770.02 LUTES, ROBERT 72.20 157.02 2257 DITCH CREEK DR W NO ARRANGEMENTS ALLOWED UNTIL CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Oct 07, 2008 04:11 pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 157 18.42.0398.03 KOPKE, TOM 67.01 131.11 2396 GRAPEWOOD DR E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE TENANT PER THE PM 158 16.32.1080.03 KOTSYUBA, ALEXANDER 76.84 166.06 82 CHRISFIELD DR W 159 16.32.0886.02 LAMM, JEFFREY K. 98.50 291.35 586 TIFFANY DR 160 15.21.1918.03 LANGFORD, DALE 81.13 208.81 2482 REBECCA WAY 161 7.48.0922.02 LAWRENCE, T & CUTLER, L. 53.72 112.48 3302 GAVIOLA AVE N NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM ---RENTER PAYS TOTAL DUE + FEE 162 8.81.0609.02 LIPSH, JASON & DONNA 85.87 186.90 3894 LONGABAUGH AVE N CASH ONLY FOR LIPSH DUE TO 2 NSF'S UNTIL 9/18/08 --DB 163 16.31.3248.03 LOLLEY, BENJAMIN B & 119.57 268.20 1167 DELMAR DR 164 7.48.0034.03 LOOS, MELISSA & GRADY 117.12 285.54 2219 SATTERFIELD ST E NO ARRANGEMENTS FOR RENTER!!! 165 8.08.1058.05 LOPEZ, THERESA & LITTY, JOSEPH 147.26 205.99 245 MOSKEE ST E 166 15.21.0506.02 LOWRY, LOIS & DAVID 163.54 289.42 2846 QUARRYSTONE WAY N RENTER PAYS TOTAL DUE + FEE 167 17.79.0627.02 LUCERO, RICHARD 53.88 120.14 2080 ARROW WOOD AVE N 168 3.03.5770.02 LUTES, ROBERT 72.20 157.02 2257 DITCH CREEK DR W NO ARRANGEMENTS ALLOWED UNTIL CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 14 Standard Payment Customers Oct 07, 2008 04:12pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 9/11/08 --USED 2ND ARRANGEMENT. --DB 4/18/08 169 15.21.1710.04 MACKIE, MARIO & MERCEDES 73.45 159.28 2267 LEANN WAY 170 10.10.0010.03 MARIN, DANIEL & MIRIELLE 70.45 100.40 2901 PUDU ST W 171 6.81.0002.01 MARKAR DESIGN & CONSTRUCTION 88.60 347.89 1650 DUNWOODY CT E 172 16.31.0790.03 MARKS, CONI 94.18 163.22 1304 FAIRWOOD DR 173 15.21.3034.05 MASELLI, TODD 191.25 325.35 3017 RAVENHURST ST W 174 17.33.2278.03 MAY, GEORGE & MELISSA 73.04 149.16 2533 ARROW WOOD WAY N 175 13.13.8110.05 MCARTHUR, JACOB 65.23 125.38 4952 FAIRBOROUGH DR W 176 17.07.0805.02 McCANTS, LORIE 54.83 105.64 857 STORMY DR E 177 8.81.0806.03 MCCONKEY, BRANDY SCOTT 60.85 121.74 3937 TIPTON WAY N RENTER PAYS TOTAL DUES + FEES 178 17.34.1656.03 MCKEETH, DANA 130.64 213.21 2723 WOLVERINE AVE N RENTER PAYS TOTAL DUE + FEE ---NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER 179 4.70.2506.03 MCKENNA, PETER & PAMELA 77.76 174.85 5348 FOX RUN WAY N 180 16.31.3308.03 McLOUD, CHAD 81.57 209.69 1010 KINGSWOOD CT W 181 8.08.0284.02 McMURRY, MICHAEL & LAURA 55.74 115.89 3700 HOLLYMOUNT WAY N (CORNER) CANCELED D/P ON 12/13/06, PER OWNER WRITTEN REQUEST ---DB • 0 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 15 Standard Payment Customers Oct 07, 2008 04:12pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 182 13.09.0406.02 MEADER, SUSAN & THOMAS, FRANK 52.36 118.36 5237 MOONLAKE DR W RENTER PAYS TOTAL DUE + FEES AND NO ARRANGEMENTS ALLOWED PER PM 183 15.15.0278.04 MEHMOOD, ADINA 83.90 129.89 2226 WHITELAW DR W RENTER PAYS TOTAL DUE + FEE 184 9.09.074.0.02 MENDOZA, PEDRO & EVA 127.46 230.69 550 WELCH ST W 185 18.41.0520.02 MENLOVE, MICHAEL & AMY 51.94 99.71 2354 MEADOWGRASS ST E 186 17.07.0409.02 MERRILL, MICHAEL & SUSAN 62.52 86.75 937 STORMY DR E 187 8.08.1460.02 MERTES, CHERIE 79.47 131.02 188 CASSIDY DR E 188 17.33.7616.01 MICHAELSON, BRADLEY 70.69 151.42 128 EASTBROOK CT E 189 14.19.1708.02 MICHAS, JAMES 92.93 165.46 2584 CROOKED CREEK WAY N 190 9.09.0288.02 MILLER, JAMES 77.01 128.56 3602 ALEXIS WAY N 191 17.33.2572.03 MILLER, MIKE & BRITTANY 95.54 154.30 690 HAWK ST E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED UNTIL 9/24/09 ---PER OWNER WRITTEN REQ., CANCELED HIS D/P AS OF 3/7/08 --DB 3/7 --LTR HAD DATE OF 2/5/08 TYPED ON IT, BUT THIS WAS RECEIVED TODAY -3/7/08. 192 8.08.0018.02 MINSHEW, CASEY 92.38 205.48 3325 BOULDER CREEK AVE N E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 16 Standard Payment Customers Oct 07, 2008 04:12pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address 193 14.20.0134.04 MONTGOMERY, HENRY & TERESA 1811 GREENFIELD AVE N Past Due Balance 129.82 281.25 194 15.21.1764.03 MONTGOMERY, PATRICK 88.65 182.16 1930 MARIANNA PL CASH ONLY TIL 10/18/08 DUE TO CUSTOMER WROTE NSF TO GET/KEEP WATER ON --DB 10/24/07 195 48.42.1854.01 MONTGOMERY, ROBERT & RACHEL 139.42 233.56 2062 WHITTIER PL N 196 16.32.1144.02 MOORE, NATHAN 57.22 146.28 447 CHRISFIELD DR W NO ARRANGEMENTS FOR THE RENTERS PER THE OWNER!! 197 16.31.3352.04 MORAND, DANIELLE C. 59.73 144.45 2222 WEST 10TH AVE N 198 6.06.9590.02 MORGAN, LAUREL 59.84 118.97 2192 MEADOW CREEK DRIVE E 199 15.21.2090.03 MORRIS, DONALD & ROGERS, TINA 91.81 163.47 2899 STEPHANIE CT W RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE RENTER PER THE OWNER!! 200 13.09.0305.04 MOSS, BRETT & KRISLEE 82.83 146.65 3045 CHRISTIAN WAY N 201 16.32.1614.03 MOSSAAD, MARWAN 267.50 295.77 2593 RIDGEBURY WAY N 202 15.22.2586.05 MUNSON, STEVEN & KIMBERLY 87.33 188.43 1663 LOW RY ST W 203 15.21.3122.02 MYRICK, JASON & HEATHER 103.85 103.85 3097 SWEETBRIAR ST W 204 15.22.2394.03 NELSON, JEFFREY & CHRISTINE 78.56 190.70 1770 TUMBLE CREEK DR W 205 3.15.1406.02 NELSON, SANDRA 85.11 148.04 1861 HAM RAPIDS ST W NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!!! Ll • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 17 Standard Payment Customers Oct 07, 2008 04:12pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 206 6.06.9878.02 NEUMAYER, TIM & D. RENE 73.21 146.29 2018 REDWICK CT E RENTER PAYS TOTAL DUES + FEES 207 7.48.0916.03 NICHOLS, AMY 66.18 107.48 2583 SATTERFIELD ST E NO ARRANGEMENTS ALLOWED PER PM!!!!!! 208 18.42.2704.01 NICKELL, TROY 99.71 155.82 2693 CHANCERY WAY N 209 3.18.0816.03 NIELSON, CHRISTOPHER 82.89 112.55 4997 LOLO PASS WAY N 210 16.31.3240.01 NOLTING, DANTON 93.80 182.85 2225 WEST 11TH AVE N 211 3.90.0236.02 OWNENS, CHRISTOPHER & TAMARA 81.75 128.87 2898 RAVENNA ST W NO ARRANGEMENTS FOR RENTERS PER OPTION NOT SELECTED!! 212 16.31.1682.02 PADILLA, LEAH 60.55 217.11 2734 12TH ST NW 213 17.07.0211.02 PAPE, MATT 72.98 135.30 3096 TIMBERFALLS WAY N NO ARRANGEMENTS ALLOWED AND CASH ONLY UNTIL 7/23/07 FOR PAPE. WROTE NSF TO GET/KEEP WATER ON.--DB-7/23/07 214 17.79.0110.02 PARKS, JESS & ROCCO, ARIANA 88.33 134.32 560 BLUE HERON ST E 215 15.22.1078.01 PENDELTON, WESLEY & PAULA 124.23 294.43 1955 SPARKLING PL N 216 14.20.1954.05 PETERSEN, MARK 94.03 192.10 1641 INTERLACHEN WAY 217 17.33.2570.03 PETERSON, MATTHEW & SHARON 57.99 155.94 708 HAWK ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 18 Standard Payment Customers Oct 07, 2008 04:13pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 218 8.81.0104.02 PHILLIPS, DAWN 59.82 108.36 3851 LEZANA AVE N RENTER PAYS TOTAL DUES + FEES 219 15.21.3022.03 PHILLIPS, SCOTT & MELANIE 77.57 185.59 2833 HEARTH AVE N 220 4.70.2121.02 PIERCE, STEVEN 64.44 89.96 6109 BOOTH AVE N 221 7.48.1203.02 PISOR, MATHEW C & HELEN W 55.24 125.64 2445 NAKANO DR E 222 8.08.5100.02 PLAYER, JEREMY & HOLLY 54.19 152.15 231 7.52.0114.02 4403 SUPAI AVE N 66.26 118.36 223 5.50.1907.02 PLAZA, CHRISTOPHER L & TINA 108.90 155.86 232 18.42.2112.02 5541. ROSA SPRINGS AVE N 59.94 146.42 224 8.81.0114.02 POE, GERALD & CHELSA 77.59 148.50 233 14.19.1202.01 215 CORNELL DR E 88.51 196.35 225 15.21.1932.01 POINDEXTER, RICHARD 1 63.69 149.49 2600 REBECCA WAY 226 17.34.1812.02 POLYAKOV, VICTOR 64.96 187.59 994 CLAYBOURNE DR 227 3.03.5232.02 PONICH, JACQUALINE 50.81 87.94 1879 EAGLE MOUNTAIN DR W NO ARRANGEMENTS ALLOWED PER PMIr1Illlll 228 17.79.0508.04 POTTS, DAVID & CONNIE 76_.38 124.89 2158 COUGAR WAY N 229 10.20.0210.02 PRICE, KENNETH & TERESA 77.51 183.73 1860 QUIET PEAK ST W 230 4.70.0032.02 PRITCHETT, HEATHER 68.44 115.09 5672 BERGMAN AVE N 231 7.52.0114.02 PROFFITT, JACOB 66.26 118.36 3679 SUMMERPARK PL N 232 18.42.2112.02 PROUTY, CLAYTON 59.94 146.42 2361 WINGATE PL N 233 14.19.1202.01 PUGMIRE, JEFF & PAM 88.51 196.35 4733 DAWSON DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 19 Standard Payment Customers Oct 07, 2008 04:13pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 234 14.20.1470.04 QUADRATO, JAMES & ONEIL, BROOK 57.24 126.86 3525 BIRDIE CT W 235 15.21.0012.02 RAINFORD, ROBERT & ALINDA 111.46 245.96 1722 TODD WAY 236 17.34.1658.05 RIFE, KATIE 162.01 287.39 2695 WOLVERINE AVE N NO ARRANGEMENTS ALLOWED AND CASH ONLY TIL 9/25/08 DUE TO CHECK WRITTEN ON CLOSED ACCT. TO GET/KEEP WATER ON --DB 9/25/07 237 17.34.1862.01 RIKSTAD, SONNY 87.52 251.36 2090 BRIXTON PL NO MORE ARRANGEMENTS ALLOWED UNTIL 7/10/08--RIKSTAD USED 2ND ARRANGEMENT ON 6/9/08 --DB 238 15.22.0852.01 RITACCO, ANTHONY & MELINDA 136.86 248.00 2277 GLENNFIELD WAY N 239 10.10.0078.01 ROBERSON, JACK 112.12 152.03 3073 PUDU ST W 240 15.21.1940.05 ROBERTS, JAMES B 155.00 349.60 2613 REBECCA WAY 241 16.31.0880.03 ROBERTSON, SCOTT 57.89 167.89 1512 CHATEAU AVE W 242 4.98.0003.02 ROCKY MOUNTAIN SEMINARY 63.40 100.46 1335 CAYUSE CREEK DR W 243 18.43.0328.02 RODIN, ADAM & HEATHER 114.57 198.13 2286 CHANDRA WAY N (CORNER?) NO ARRANGEMENTS TIL 7/28/07!!! --CASH ONLY PERM. -CUSTOMER WROTE NSF TO KEEP/GET WATER BACK ON. 2ND NSF 244 15.22.2276.03 ROWLAND, STEPHEN & BARBARA 55.14 119.88 3024 GLENNFIELD WAY N 245 7.48.0094.02 RUBIN, BART 58.78 122.23 2256 SATTERFIELD ST E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGMENTS ALLOWED FOR THE RENTERS PER THE OWNER!! 246 16.31.3524.02 RUMSEY, HAROLD & MARY 76.74 168.64 1898 WEST 11 TH AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 20 Standard Payment Customers Oct 07, 2008 04:13pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 247 9.15.3102.02 RUSSELL & MANNING LLC 59.28 87.55 550 JORDANELLE DR W 248 10.10.2062.02 SAMANIEGO, JAVIER 58.31 129.00 2236 TRESTLE DR W 249 17.33.3622.05 SAMPANA, COMFORT & FRANCIS A 105.37 289.97 443 ADDESON ST E 250 16.32.1686.05 SANCHEZ, JAVIER 153.34 329.37 29 WATERBURY DR W 251 12.40.0505.02 SANTANA, JOEL 69.58 95.10 5097 ALDERSTONE ST W 252 9.09.9122.04 SCHOLER, BURKE & 65.49 146.14 1.461 WHITE SANDS DR W 253 17.34.3212.02 SCHWARTZ, STEVE 63.09 127.57 1339 STORMY DR E 254 15.21.2024.03 SCHWISOW, JERRY & LOIS 54.35 114.76 2948 GEMSTONE DR W 255 18.42.4076.01 SETH, MOSES 67.38 136.15 1748 COUGAR CREEK DR E 256 16.21.0309.02 SHADE, SHANE & TAMI 78.58. 174.12 2759 RIDGEBURY AVE N 257 15.22.1316.02 SHAW, OWEN & CHRISTINA 138.08 287.03 2007 MONACO WAY 258 17.34.1178.02 SHERBURNE, BROOKE 120.60 273.98 2590 BLACK BEAR WAY N 259 6.45.0001.01 SHERIDAN PLACE 4,319.34 4,335.50 SPK - SHERIDAN PLACE 260 13.13.0022.03 SHERIDAN, JEFFREY & SHELLEY 68.56 135.08 4976 CLASSIC DR W 261 15.21.0208.01 SILSBY, TERRY 75.90 228.47 2674 OLD STONE WAY N 262 15.21.1734.05 SMITH, BRENTLEY & SARAH 50.22 202.88 2053 KRISTEN WAY CASH ONLY -CUSTOMER WROTE A BAD CHECK TO PAY FOR AN ILLEGAL TURN -ON 269 17.79.0613.02 STERN EXECUTIVE SEARCH, INC. 65.36 145.88 2103 COUGAR WAY N 270 3.03.5116.02' STEVER, CYNTHIA 83.90 129.63 1884 CEDAR GROVE ST W (CORNER) 271 8.30.1520.02 STEWART, WAYNE 98.14 162.72 3689 COLBOURNE WAY N NO ARRANGEMENTS ALLOWED FOR ANY RENTERS!!'!!! 272 15.21.0152.02 STODDARD, NORMAN 178.20 321.29 2486 LEANN WAY N NO ARRANGEMENTS AND CASH ONLY TIL 9/21/08 DUE TO CUSTOMER WRITING NSF TO GET/KEEP WATER ON. --DB 9/27/07 273 15.21.0086.03 STONE, SHANNON 71.20 142.99 2411 BAYSTONE DR W 274 18.42.2068.02 STOUT, DARREN 107.39 197.81 2355 MEADOW WOOD DR E NO ARRANGEMENTS FOR RENTERS!!!!!!! 1 275 8.08.1004.02 SZARMACH, JACEK & MARIA 61.69 181.05 3640 ETTA WAY N (CORNER) i CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 21 Standard Payment Customers Oct 07_2008 04:14pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 263 15.21.3010.01 SMITH, BRYAN 53.34 121.84 3180 FIELDSTREAM DR W 264 18.42.2048.03 SMITH, NATE 69.36 142.89 2352 MEADOW WOOD DR E 265 15.21.1082.04 SNELLING, PECOS 152.82 347.21 2773 FIELDSTONE WAY N 266 3.92.0308.02 SOSA, MARCO & CELINA 64.00 141.77 3027 LOST RAPIDS DR W 267 15.22.2342.02 SPANBAUER, TODD & LISA 81.57 143.24 3026 ROUGH STONE WAY N 268 9.15.2822.06 STERLING SAVINGS BANK 311.49 341.15 749 WHITE SANDS DR W 269 17.79.0613.02 STERN EXECUTIVE SEARCH, INC. 65.36 145.88 2103 COUGAR WAY N 270 3.03.5116.02' STEVER, CYNTHIA 83.90 129.63 1884 CEDAR GROVE ST W (CORNER) 271 8.30.1520.02 STEWART, WAYNE 98.14 162.72 3689 COLBOURNE WAY N NO ARRANGEMENTS ALLOWED FOR ANY RENTERS!!'!!! 272 15.21.0152.02 STODDARD, NORMAN 178.20 321.29 2486 LEANN WAY N NO ARRANGEMENTS AND CASH ONLY TIL 9/21/08 DUE TO CUSTOMER WRITING NSF TO GET/KEEP WATER ON. --DB 9/27/07 273 15.21.0086.03 STONE, SHANNON 71.20 142.99 2411 BAYSTONE DR W 274 18.42.2068.02 STOUT, DARREN 107.39 197.81 2355 MEADOW WOOD DR E NO ARRANGEMENTS FOR RENTERS!!!!!!! 1 275 8.08.1004.02 SZARMACH, JACEK & MARIA 61.69 181.05 3640 ETTA WAY N (CORNER) CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 22 Standard Payment Customers Oct 07, 2008 04:14pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 276 10.10.1084.02 TAKASUGI, LYNETTE M. 59.67 117.04 2640 PRIMELAND DR W 277 16.21.0711.01 TAYLOR, BRYAN & ABBEY 72.49 137.36 2834 VALLIN AVE N 278 17.34.0432.01 TERRIQUEZ, FRANCISCO MAGANA 78.51 218.86 1185 CHATEAU DR E 279 3.15.2702.02 THANADADOUTH, JIMMY 61.46 135.30 2080 MARTEN CREEK DR W RENTER PAYS TOTAL DUE + FEES -- NO ARRANGEMENTS ALLOWED PER THE OWNER!!!! 280 3.18.1225.02 THEIL, DANIEL 130.02 158.29 2172 SAGE SPRINGS CT W 281 16.32.1076.03 THI PHAM, HONG -VAN 183.97 328.11 24 CHRISFIELD DR W 282 3.15.5304.03 THOM, DAVID 95.41 158.97 2226 TANGO CREEK DR W 283 17.34.3314.03 THOMAS, DAVE 54.60 103.64 3078 SHEEPHORN AVE N 284 17.34.1420.02 THOMASON, BEAU 95.44 189.49 992 GROUSE DR E 285 3.15.0908.03 THOMPSON, JEREMY & HELEN 91.06 174.47 2163 ROOT CREEK ST W 286 15.15.1008.03 TRAVER, KATHLEEN & ROGERS, J 79.88 120.58 1692 RAINCREST DR W 287 18.42.1878.03 TROUTNER, TRAVIS & NANETTE 58.63 149.91 2072 SEQUOIA PL N 288 8.08.1034.03 TWIST, RHODA & JOSHUA 82.13 167.32 154 WASHAKIE ST E 289 8.08.0550.02 ULRICH, BRENT & ERICA 77.35 206.81 3680 LEGACY WOODS AVE N 290 7.40.0052.03 ULRICH, TAMARA 108.07 178.47 1861 SUMMERPLACE CT E • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 23 Standard Payment Customers Oct 07, 2008 04:15pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name/ Service Address Past Due Balance 291 14.20.1374.03 UNDERWOOD, SUZANN L 73.39 117.60 1985 ARONMINK WAY N 292 3.15.4522.03 VANOY, MARK & PAM 74.57 165.69 2155 RATTLESNAKE DR W RENTER PAYS TOTAL DUE + FEE 293 8.08.0420..02 VAUGHAN, WILLIAM & LORI 53.59 115.39 915 WASHAKIE ST E 294 16.32.0656.03 VICTORY, MICHAEL 0 103.53 205.54 467 CRANMER DR 295 17.85.0328.02 WAGNER, KATHLEEN 93.32 126.02 303 15.22.0842.02 313 RYEGATE DR E 97.62 225.69 296 8,15.0190.02 WAITE, ERIC & AMBER 77.08 194.02 304 15.21.2192.03 539 KAIBAB TRAIL DR E 119.09 172.26 297 18.42.2526.01 WALLACE, CRYSTAL 111.52 291.15 305 18.42.2346.07 2400 LAUGHRIDGE AVE N 57.79 116.97 298 16.31.3620.03 WALSH, JOSEPH 82.83 184.60 941 STOREY AVE 299 15.15.0126.06 WALTERS, CLAUDIA & DAN 55.14 106.98 2220 LONESOME DOVE ST W RENTER PAYS TOTAL DUE + FEE 300 13.13.61.16.02 WALTERS, JIM & MARY 52.73 115.06 4990 MCMURTREY ST W (CORNER) 301 3.90.0324.03 WALTON, JESSICA 76.80 125.60 5263 AREZZO AVE N 302 17.32.0706.01 WARNER, SHARON 75.99 244.98 2300 LARK PL N RENTER PAYS TOTAL DUES + FEES 303 15.22.0842.02 WATTS, LOU 97.62 225.69 2147 CHATEAU DR W 304 15.21.2192.03 WEBER, TOMAS, ROBIN 119.09 172.26 3107 KANDICE ST W 305 18.42.2346.07 WEIGT, JOSEPH & DAISY 57.79 116.97 2280 LOCHNESS WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page* 24 Standard Payment Customers Oct 07, 2008 04:15pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent. Balance Ref No Cust No Name / Service Address Past Due Balance 306 10.55.3022.02 WEIR, JOHN & TRACY 79.82 129.69 2353 LOS FLORES DR W 307 17.34.1654.05 WEISHAAR, GEOFF & LYNN 97.66 192.25 821 HAWK ST E 308 15.21.1968.06 WELDIN, TAMMY 65.95 112.81 2511 REBECCA WAY 309 3.15.1412.02 WESTOVER, JUSTIN & HEATHER 83.83 136.04 1896 MARTEN CREEK DR 310 15.21.2924.02 WHEELER, CALVIN & RUTH 113.91 219.93 2643 MORELLO AVE N 311 17.34.2828.02 WHITEHEAD, CHAD 106.07 212.90 1296 SHARPTAIL ST E 312 16.31.3266.04 WIEDMEIER, GLENN & LISA- 52.70 115.00 1167 KINGSWOOD CT W RENTER PAYS TOTAL DUE + FEE 313 8.08.1614.03 WILLIAMS, SHARON 52.36 117.10 302 PATAGONIA DR E 314 9.09.9680.02 WILSON, JOSHUA & JACY 83.90 136.84 1120 WHITE SANDS DR W 315 15.21.2790.02 WILTSE, PAUL & SUZEN 56.11 113.48 2520 CLYDESDALE AVE N RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS FOR RENTERS PER HPM!!!!!!!'!!!!!! 316 14.20.1910.02 WINN, MICHELLE 121.35 182.05 1865 INTERLACHEN WAY 317 8.08.1030.03 WOLCIK, J. & BATES, D. 52.82 121.70 190 WASHAKIE ST E NO ARRANGEMENTS ALLOWED FOR RENTERS PER PM!!! 318 3.15.4802.02 WOLFE, BRANDON 116.51 195.15 1896 GRAND TETON DR W RENTER PAYS TOTAL DUE + FEE Grand Totals: 322 Customers Listed Report Criteria: Terminated customers not included Customer.Cust No () _ {-5)7700000001 Customer.Bill Cycle = 2 Customer. Customer Type = (not like) BANKRUPTCY% Custom er.disconnected = No Customer.shut off list = No 33,266.68 60,251.76 I CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 25 Standard Payment Customers Oct 07, 2008 04:15pm Current Period: 10/20/2008 - Transactions Included Through: 10/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 319 17.85.0331.03 WONG, PERRY & HEIDI 85.60 131.62 341 RYEGATE DR E 320 15.22.1530.02 WUPPER, ROBERT & JENNIFER 100.22 245.60 1931 KINGSWOOD CT 321 10.55.1356.02 YABLONSKY, VASILY & NINA 51.87 143.41 2611 LOS FLORES CT W 322 9.09.9304.02 YU, BEN & KAREN 70.14 125.10 1287 GREAT BASIN DR W Grand Totals: 322 Customers Listed Report Criteria: Terminated customers not included Customer.Cust No () _ {-5)7700000001 Customer.Bill Cycle = 2 Customer. Customer Type = (not like) BANKRUPTCY% Custom er.disconnected = No Customer.shut off list = No 33,266.68 60,251.76