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HomeMy WebLinkAbout2008-10-28 E IDIAN~-- IDAHO City Council Chambers City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Mayor's Updated/Noted Agenda Tuesday, October 28, 2008 at 7:00 p.m. Convened at 7:01 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: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Randy Rodes with Vineyard Christian Fellowship: 4. Adoption of the Agenda: Zaremba/Bird 5. Consent Agenda: Zaremba/Hoaglun A. Findings of Fact and Conclusions of Law for Approval: AZ 0.8- 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 Usfick 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: B. Findings of Fact and Conclusions of Law for Approval 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..: C. Findings of Fact and Conclusions of Law for Approval AZ 08-011 Request for Annexation and Zoning of 2.953 acres from the R1 to the R-8 zoning district for Saroi by Nunzio Sgroi - 4405 East Ustick Road: D. Findings of Fact and Conclusions of Law for Approval CIJP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C-N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. -NEC of N. Locust Grove Road and E. McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: SHP 08-007 Request for Short Plat approval for 157 condominium units in 13 buildings in an I-L zone for Storaue Condos by Ron Ramza - 658 North Principle Place: F. Cross Access Easement for Emer4ency Services with Avest Limited Partnership for Ten Mile Christian Church: G. Development Agreement: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L-O zoning district for Meridian Library Parkinct Lot Expansion by the Meridian Library District - 1727 N. Leisure Lane: H. Development Agreement: AZ 08-008 Request for Annexation and Zoning of approximately 5 acres from RUT to an R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 W. Cherry Lane: I. Development Agreement: 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: J. Water Main Easement Agreement for Foundations Academy by Foundations Academy: K. Cooperative Agreement with ACRD for the Split Corridor Phase 1: • • I 6. L. Resolution No. Proposed 08-628: City Hall Parking Permits Polic M. Resolution No. Proposed 08-629: Employee Identification and ID / Prox Cards Policy: N. Change Order No. 1 for Pressure Zone 1 with DC Engineering for $2,899.43: Department Reports: A. Public Works Department Kyle Radek presented Approve 6A1-3: Rountree/Zaremba 1. lain Deve es for $42,000.00: 2. Budget Amendment for Five Mile Creek Restoration Project for $3,200.00: 3. Budget Amendment for Collection System Manhole GPS System for $22,146.00: B. Purchasing Department (Approve Multiple Change Order for Additional Work for a Not to Exceed Amounts listed below for a total amount of $23,301.00: Keith Watts presented. Tom Coglin from Petra was present for questions. Approve 6B1-21: Bird/? 1. Idaho Custom Wood Products Budaeted Contract Amendment No. 3 for $495.00 (Owner Initiated 8~ Architect Changes): 2. Idaho .Custom Wood Products Budaeted Contract Amendment No. 4 for $4,185.00 (Owner Initiated Change): 3. Western Roofing Budaeted Contract Amendment No. 1 for $1,380.00 (Owner Initiated Change): 4. American Wall Covering Budgeted Contract Amendment No. 1 for $4,120.00 (Owner Requested Change 8~ Architect Initiated Change): 5. Custom Giass Budgeted Contract Amendment No. 2 for r i • $1,704.00 (Architect /Design Initiated Change): 6. Pre-Conn Budgeted Contract Amendment No. 3 for 7. 8. 6,630.00 (Owner Requested Change): for $545.00 (Owner Requested Change): for ($5,000.00 decrease) -Floor Mat Credit).: 9. Apex Budgeted Contract Amendment No. 1 for $7,120.00 for Card'. Reader Upgrade (Architect /Design Initiated Change):, 10. Apex Budgeted Contract Amendment No. 2 for $3,545.00 (Owner Requested Change): 11. Schindler Elevator Budgeted Contract Amendment No. 2 for $2,776.00 (Architect /Design Initiated Change).: 12. Alpha Masonry Budgeted Contract Amendment No. 1 for $6,398.00 (Owner Requested Change and Architect Initiated Change): 13. Architectural Building Supply Budgeted Contract Amendment No. 3 for $10,088.00 (Owner Requested Bronze Medallion): ~' 14. Architectural Building Supply Budgeted Contract Amendment No. 5 for $1,281.00 (Owner Requested Change):, 15. AATronics Budgeted Contract Amendment No. 2 for $608.00 (Owner Requested Change): 16. Sunshine Landscape Budgeted. Contract Amendment No. 2 for.$665.00 (Owner Requested Change): 17. Commercial Painting Contractors Budgeted Contract Amendment No. 5 for $2,025.00 (Owner Requested. Change):; 18. Simplex (Grinnell Budgeted Contract Amendment No. 4 for $3,735.00 (Owner Requested Change): • 19. MR Miller Budgeted Contract Amendment No. 1 for $23.,015.00 (Owner Requested Change): 20. MR Miller Budgeted Contract Amendment No. 2 for ($7,250.00 Decrease) Credit -for Water Feature Modifications: 21. KB Fabrication Budgeted Contract Amendment No. 1 for ($44,764.00 decrease) Credit for Trellis Modifications: 7. Items Moved from Consent Agenda: 8. Public Hearing: Foundations Academy / St. Ambrose Cfiristian High School Bond Approval: David Goodwin from Foundations Academy presented. Close PH: Rountree/Bird. Approve: Rountree/Bird 9. Request for Reconsideration for AP 08-005 Instant Equity Auto by The Land Group: Approve Reconsideration: Rountree/Bird, (note: Anna commented that we will renotice the PH after they have paid the fee) 10. MFP 08-006 Request to phase the perimeter and common space fencing approved with the final plat landscaping plan for Hacienda Subdivision (FP 05-031) by Jayo Construction - east side of Meridian Road, approximately a quarter mile south of East Chinden Boulevard: Request to Continue to November 5, 2008. Motion to continue to 11./5.: Zaremba/Rountree 11. Continued Public Hearing from September 23, 2008: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC - 3945 East Ustick Road: Brian Martin representing applicant spoke. Close PH: Rountree/Bird. Approve: Rountree/Bird 12. Continue Public Hearing from September 23, 2008: CPA 08-002 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation for approximately 10 acres from Low Density Residential to Mixed Use -Community for Eagle and Victory by Rose Law Group -Northwest Corner of East Victory Road and South Eagle. Road: Shawn Nickel spoke. Public Hearing. speakers: Rex Young, Bob Aldridge (representing HOA's), John Glick, Bonnie Glick, Barbara Marquart, Len Assey, Teddy Hepper, David Courier, Dave Marquart, Becky McKay, .Jim Allen, Shawn Nickel made closing comments. Close PH: Zaremba/Hoaglun. Approve changing land designation to Mixed Use-Residential (not mixed use commercial): Zaremba/Hoaglun • • 13. Continue Public Hearing from September 23, 2008: AZ 08-010 Request for Annexation and Zoning of 3.75 acres from RUT and R1 to C- Nzoning district for Eagle and Victory by Rose Law Group -Northwest Corner of East Victory Road and South Eagle Road.: Request by applicant to Withdraw Application. Motion to withdraw: Zaremba/Rountree 14. Public Hearing: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 East Overland Road.: Request to continue to 12/2/08 Continue Items 14 8~ 15 to 12/2: Rountree/Bird 15. VAC 08-001 Request for a Vacation of the existing right-of-way of S. Rackham Way for Overland Village by Redo Development - 3330 East Overland Road: Request to continue to 12/2/08 16. Public Hearing: MDA 08-005 .Request to Modify the Development Agreement of Mussell Corner for Emerson Park by Kuna Victory, LLC - Northeast Corner of South Meridian Road and East Victory Road.: Applicant Chris Toberti spoke. Close PH: Rountree/Bird. Approve;. Rountree/Hoaglun 17. Ordinance No. Proposed 08-1384 RZ 07-021 Request for a Rezone of 27.89 acres from R-4 to C-N (2.75 acres) and L- O (25.14 acres) for the property located on the southeast corner of North Locust Grove Road and East Leigh Field Drive for Education Campus Commercial by Joint School District No. 2 -Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Approve Items 17 - 20: Bird/Rountree 18. Ordinance No. __ Proposed 08-1385 RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L-O zoning district for Meridian Library Parking Lot Expansion by the Meridian Library District - 1727 North Leisure Lane: 19. Ordinance No. Proposed 08-1386 AZ 08-008 Request for Annexation and Zoning of approximately 5 acres from RUT to an R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 West Cherry Lane: 20. Ordinance No. Proposed 08-1387 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 West Overland Road: 21. 22. Ordinance No. Proposed 08-1388 Amendment to Massage Ordinance: Approve Items 21 - 22: Rountree/Bird Ordinance No. Proposed 08-1389 Private Sewage Disposal Svstem Ordinance: 23. 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): amended letters (c) and (fl when adopting the Agenda. Into Executive Session at 9:34 p.m. Rountree/Bird Out of Executive Session at 10:04 p.m. Rountree/Bird Motion to Adjourn at 10:05 p.m. Rountree/Bird Present at the meeting: Ron Anderson John Overton Anna Canning Pete friedman Kyle Radek Keith Watts Robert Simison Bill Nary Fire Police Planning Planning Public Works Purchasing Mayor's Office Legal • - Meridian Citv Council Meeting October 28, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 28, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird; Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bill Johnson, John Overton, Pete Friedman, Kyle Radek, Keith Watts, 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 d'e Weerd De Weerd: Okay. We will go afiead and get started. I would like to weico.me you all here to the new City Halh This is the -- last week we kind of kicked things off and were able to work a couple of the bugs through., but this is the first non-workshop .setting that we have had., so we appreciate that you're all here with us today and I will kick off this meeting. For the public record it is Tuesday, October 28th. It's 7:00 o'clock. We start with roll call. Item 2: Pledge of Allegiance: De Weerd: If you will all rise and join us in the Pledge of Allegiance (Pledge of Allegiance recited..) Item 3: Community Invocation by Randy Rodes with Vineyard Christian Fellowship: De Weerd: .Item No. 3 is our community invocation. Tonight we will be led by Pastor Randy Rodes. He is with Vineyard Christian Fellowship. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Rodes:. Thank you. It's a privilege to be here. Thank you very much. Let us pray. Father God, we thank you for the great community of the City of Meridian. We are so thankful to be a part of this great city and., Lord., I pray that tonight's meeting -- that your hand would be upon Mayor de Weerd and these Council Members with every decision they make, Lord, that your wisdom, your truth, and just your guidance in all that is to be done. And so, Lord, .be glorified. in this community and we thank you, again, in Jesus' name, amen. ~. • Meridian City Council October 28, 2008 Page 3 of 54 and northeast corners of West McMillan Road and North McDermott; and near the southwest corner of West McMillan Road and North Black Cat Road: C. Findings of Fact and Conclusions of Law for Approval 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: D. Findings of Fact and Conclusions of Law for Approval CUP 08-016 Request for Conditional Use Permit approval for a convenience store and fuel sales facility in a C-N zoning district per requirement of the Development Agreement for Maverik (Locust Grove/McMillan) by Maverik, Inc. -NEC of N. Locust Grove Road and E. McMillan Road: E. Findings of Fact and Conclusions of Law for Approval.: SHP 08-OD7 Request for Short Plat approval for 157 condominium units in 13 buildings in an I-L zone for Storage Condos by Ron Ramza - 658 North Principle Place: F. Cross Access Easement for Emergency Services with Avest Limited Partnership for Ten Mile Christian Church: G. Development Agreement: RZ 08-002 Request for Rezone of 0..55 of an acre from the R-4 to L-O zoning district for Meridian Library Parking 'Lot Expansion by the Meridian Library District - 1727 N. Leisure Lane: H. Development Agreement: AZ 08-008 Request for Annexation and Zoning of approximately 5 acres from RUT to an R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 W. Cherry Lane: I. Development Agreement: 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: J. Water Main Easement Agreement for Foundations Academy by Foundations Academy: K. Cooperative Agreement with ACHD for the Split Corridor Phase 1: L. Resolution No. City Hall Parking Permits Policy: .. Meridian City council October 28, 2008 Page 5 of 54 carried forward to another year. We have started to do some studies and we have studies left to do, so we are simply requesting that money that wasn't carried forward back. The second budget amendment is for the Five Mile Creek restoration project. The net of that is 3,200 dollars. The total money is 43,200 dollars, but since we are getting 40,000 from ITD -- or we have already gotten that, then, the net is all you see and the 3,200 left is for a recurring expense for the Parks Department to maintain that project. And the third budget amendment is for a global positioning system that we are requesting to purchase that will allow Public Works to collect data for the sewer model at a savings of 37 percent from the consultants to proposed cost for the data collection and this equipment was anticipated and budgeted in 2008-2009. The funds are coming -- are being requested to come from FY-09 consultant work, which would have accomplished the same -- the same goals. We are redirecting the project consulting work for acquisition of this GPS data collector. De Weerd: Thank you, Kyle. Council, any questions? Bird: I have none. Rountree.: None. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I understand Item 3 correctly, you have announced a first year savings, but there would be continuous savings in following years, would there not also be? Radek: Madam Mayor, Council Members, that's correct. Zaremba: Sounds like a winner to me. De Weerd:: Okay. Council, I will need action on your behalf. Rountree: Madam Mayor? De Weerd.: Mr. Rountree.. Rountree: I move that we approve the budget amendments as outlined in the agenda for flood plain development study in the amount 42,.000 dollars. The Five Mile Creek restoration project in the amount of 3,200 dollars. And the data collection system in the amount of 22.,146 dollars. Zaremba: Second. • Meridian City Council October 28, 2008 Page 7 of 54 10. Apex Budgeted Contract Amendment No 2 for $3,545.00 (Owner Requested Change): 11. Schindler Elevator Budgeted Contract Amendment No 2 for $2,776.00 (Architect /Design Initiated Change): 12. Alpha Masonry Budgeted Contract Amendment No 1 for $6,398.00 (Owner Requested Change- and Architect Initiated Change): 13. Architectural Buildina Supply Budgeted Contract Amendment No. 3 for $10,088.00 (Owner Requested Bronze Meda llion):: 14. Architectural Building Supply Budgeted Contract Amendment No. 5 for $1,281.00 (Owner Requested Change): 15. AATronics Budgeted Contract Amendment No 2 for $608.00 (Owner Requested Change): 16.. Sunshine Landscape Budgeted Contract Amendment No. 2 for $665.00 (Owner Requested Change): 17. Commercial Painting Contractors Budgeted Contract Amendment No. 5 for $2,025.00 (Owner Requested Change): 18. Simplex Grinnell Budgeted Contract Amendment No 4 for $3,735.00 (Owner Requested Change): 19. MR Miller Budaeted Contract Amendment No 1 for $23,015.00 (Owner Requested Change): 20. MR Miller Budgeted Contract Amendment No 2 for ($7,250.00 Decrease) Credit for Water Feature Modifications: 21. KB Fabrication Budgeted Contract Amendment No 1 for ($44,764.00 decrease) Credit for Trellis Modifications: De Weerd: Okay. Under Department Report, 6-.B, we have our Purchasing -Department, Mr. Watts. Watts: Good evening, Madam Mayor, Council Members. Tonight I have 21 changes to our project for the City Hall building. I have Tom Coglin from Petra here that will answer ~ Meridian City Council October 28, 2008 Page 9 of 54 De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Plublic. Hearing.: Foundations Academy / St. Ambrose Christian High School Bond Approval: De Weerd.: So, we will go to Item 8, which is a public hearing for Foundations Academy for their school bond approval. Who do I turn this over to? Nary: Is Mr. Goodwin -- Madam Mayor, he's supposed to be here. De Weerd: Is Mr. Goodwin here? This is part of your process; correct? Goodwin: Correct. And I'm about as -- not real sure exactly what -- what we need to accomplish, because I know it's unusual for this type of a thing to come before the Council, so I will answer any questions you have. De Weerd: Okay. Council, this is part of their process to go into the bond approval. Goodwin: I can briefly explain it if you like. De Weerd:: That would be good. Goodwin: We have applied through the state of Colorado to issue tax free municipal bonds for our facility, which is at 6100 North Locust Grove in Meridian and the reason for the application in the state of Colorado is that the laws of the state of Idaho prohibit it with regard to religious institutions, even schools, and municipal bonds. So, it's customary and normal for this to happen and it's happened in this district for Cole Valley Christian School to function as a state constitution amendment that makes it a customary thing for schools in states like Idaho to apply for that out of state and that as understand our purpose here this evening is that the -- the presiding authority, called SEGFA in Colorado needs a motion from the city that you're not opposed to such a move going forward. De Weerd:. Thank you. This is a public hearing, but while I have you in front of us, I did want to comment. I participated in their foundation dedication ceremonies and they launched it off with a showing of the talent -- the artistic talent of their school body, kids from K through 12 recreated some artistic masterpieces, including the Mona Lisa, Starry Night, the American Gothic and a portrait of George Washington and I was not familiar with the fifth, but they filmed that from above and you saw these masterpieces being recreated and coming to life. The logistics of such an exercise were that the old classmen went and did the outlining and each of the classes had their individual responsibilities for coloring that part of the portrait. It was truly the most amazing thing have ever seen and my hat's off to you.. That was just an amazing experience. So, thank you for letting me be a part of it. Meridian City Council • October 28, 2008 Page 11 of 54 Rountree: -- overseeing them? Nary: We are really just providing the public forum and I think, as Mr. Goodwin stated., we did this one other time with the Cole Valley Christian Church and it's the same -- the same. type of thing where the city is really just aforum -- the municipality has to simply sponsor the hearing process and allow the comment time to occur and I think all the motion that's necessary by this Council is, essentially, your consent to them going forward with their action. We are not -- again, the city is not on the -- responsible for these bonds or any of those fhings and whether or not -- unless Mr. Goodwin Thinks -- didn't see any information that a written resolution is required. If you certainly -- if you need that, we can provide that and bring that back next week, but I didn't see that we even needed to prepare that for you. Goodwin: I don't -- our lawyers may know more than I do, but I think all they need is a motion and., you know, it needs to be in the record that it's been supported here. I think as it was explained to me by SEPTA in Denver, they just do not want to be running -- they don't want to be a back door to avoid local municipalities, if the local municipality -- you know, if this were to happen without your knowledge. They don't want it to be a back door. Hoaglun; Madam Mayor? De Weerd: Ms. Hoaglun. Hoaglun: Just a question for Mr. Nary. In reading through the material there was something. about having the Mayor sign an approval certificate I guess just to acknowledge that fact. So, I guess there is some form of something that you will -- if we approve it, then, she would sign and that's on the record., then. Is that -- is my understanding correct? Nary: Madam Mayor, Council Members, Council Member Hoaglun, that's correct. That's what was attached was simply a -- and that is just -- and that's what the document I was reviewing -- or referring to, but it simply indicates that the Council has consented to the hearing and. to this document that they, essentially, approve you going forward with that and, then, there is a signature place for the clerk to sign that we have held a public hearing and that notice was properly done. Zaremba: Madam Mayor? De Weerd,: Mr. Zaremba. Zaremba: The materials do have a statement that the City of Meridian, Idaho, will not bear any responsibility for the tax exempt status of the bonds that service on the bonds or any other matter related to the bonds. So, that's a very comforting sentence to me. I • Meridian City Council October 28, 2008 Page 13 of 54 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Request for Reconsideration for AP 08-005 Instant Equity Auto by The Land Group: De Weerd: Item 9 is a request for reconsideration for AP 08-055. Council, you have in front of a letter requesting reconsideration. Is there any additional information that you need or order -- for this item? Bird:: I don't. Rountree: Madam Mayor? De Weerd.: Mr. Rountree. Rountree: I move that we approve the request for reconsideration of Instant Equity Auto, based on the reasons outlined in their letter. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion on that? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun; yea.. MOTION CARRIED: ALL AYES. De Weerd: So, this item will be reset for a public hearing with the appropriate public noticing given. Item 10: MfP 08-006 Request to phase the perimeter and common space fencing approved with the final plat landscaping plan for Hacienda Subdivision (FP 05-031) by Jayo Construction - east side of Meridian Road, approximately a quarter mile south of East Ghinden Boulevard: De Weerd: Okay. Item 10 has been requested to be continue to November 5th. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • • Meridian City Council October 28, 2008 Page 15 of 54 De Weerd: Okay. Is the applicant here? Martin: Brian Martin with DHM Engineers, representing the applicant and owner. As she stated, we -- there is no opposition to any of the recommendations for approval or conditions, so the owner and applicant are just requesting preliminary plat approval on the subject plat and. I'd be glad to take any questions or comments from the Mayor and Council.. De Weerd: Thank you. Council, any questions? Okay. Thank you, sir. Martin: Thank you. De Weerd; is there any member of the public who would like to provide testimony on this application? Okay. Seeing none., Council, if ther-e is no further information needed; would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item No. 11 for Una Mas. Bird: Second. De Weerd: 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. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the preliminary plat I'P 08-007 for Una Mas, including staffs comments and recommendations. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 11. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES • Meridian City council October 28, 2008 Page 17 of 54 more consistent with the surrounding area. There was concern over current and proposed access points to and from Victory Road and Eagle Road for the subject site and the Commission discussed the Comprehensive Plan, which had made provisions for a neighbor center at the half mile west of the site to alleviate congestion that commercial traffic would generate at the Eagle Road and Victory Road intersection. There were no key changes to staffs initial recommendation. Staff had recommended denial on the project. We have had two pieces of written testimony since the staff report was produced. One was the memo from ACRD that I mentioned previously and, then, the letter was -- the letter from the applicant requesting withdrawal of the annexation request also, since -- that I mentioned previously. Outstanding issues for City Council. Since -- since the withdrawal of the annexation application came after the P&Z, I do feel it's appropriate to note to Council that the withdrawal of that annexation application creates even greater concerns with regard to the appropriateness of the site for future commercial development. One of the primary reasons staff recommended denial of the Comp Plan amendment and the annexation was that the site is very constrained for commercial development. It is much narrower than what we generally are told is an acceptable depth for commercial development. The previous concept plan with the annexation application did not provide staff with satisfactory evidence that this site could accommodate commercial development. ACRD staff stated that even if the right-in -- even the right-in only access off of Eagle was a compromise. Preferably they would have had no access off of Eagle. So, given those things, the Council should determine if the mixed use community designation is appropriate land use for the subject site. If it is compatible with the surrounding residential uses. And if the change is in the best .interest of the city. And with that I will answer any questions Mayor and Council may have. De Weerd: Thank you. Any questions at this point from Council? Bird: I have none, Mayor Rountree.: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Anna. Anna, your last comment about ACHD's questioning of the right-in, but their letter indicate that the right-in and right-out would not be something they could approve. So, are there two different scenarios that they talk about are right- in, right-out,. and simply aright-in? Canning.: The -- the original approval they gave was just for aright-in, but they did want to make it clear that even that was a compromise. Rountree: Thank you. • ~i Meridian City Council October 28, 2008 Page 19 of 54 intersection of Victory and Eagle to be re -- or designed and improved and the widen of Victory Road., this seems to be the time to take a look at the land use for these remaining seven parcels and look at what is the most appropriate future designation for development. As you will hear from the neighbors that are in support of this and that are part of this application, kind of being squeezed out of the community with the -- with the higher density residential and with the continued traffic increasing on Victory Road and Eagle Road as the community does -- does grow in size. Your Planning and Zoning Commission did recommend denial of this application. However, their recommendation was somewhat fragmented. You had one commissioner who was absolutely in favor of the request to change the designation to mixed use. You had one commissioner that was completely opposed to it. You had one commissioner That was in favor of a higher density residential designation first, followed by a mixed use second. And, then, finally, you have the remaining two that admitted that they were torn between which way to -- which way to go on it. I think what that indicates is that the majority of the Planning and Zoning Commission agreed that the low density designation does not -- does not work for these properties and should be changed.. Even your -- even your staff indicates -- and has indicated in their presentation that higher density might be a more appropriate -- more appropriate use for this property than the low density. In the purpose statement for your Comprehensive -- in your Comprehensive plan for the mixed area, it focuses on identifying key areas which are either in-fill in nature or situated in highly visible- or transitional areas of the city where innovative and flexible design opportunities are encouraged. And we believe that this is the case for these seven stand-alone properties, that they are surrounded, so they would be an in-fill situation. They are definitely in a high visible area and .because of the configuration of the land, flexible design would be necessary to create the proper development. It also has been stated that there are current mixed uses designated in this area to the east, which is the area that we -- that's on the screen there.. See if I can do this here. Sorry. Didn't work. Oh, here we go. Okay. So, these areas right here that are designated mixed us, in addition staff speaks of the regional commercial areas at Overland and Eagle Road and the designated neighborhood center on the south side of Victory. So, regarding of the commercial regional at Overland and Eagle, just need to point out that those are business campus type of developments dominated by hotels, high tech, call centers, professional offices, such as engineering firms. These regional mixed use areas are destination areas, bringing people from all over the valley to work and receive services. As for the neighborhood centers, I do not believe that the development community has fully embraced this concept of the mid mile commercial areas. I think that's evident by the way that those designated areas are developing with a low amount of commercial or not developing at all:. So, this leaves'a rather small area south of the interstate or south of Overland Road that needs to serve an estimated 11,000 units based on your current build out as designated in your Comprehensive Plan as it exists today. And, finally, it has been indicated that the proposed use is not in the best interest of the city. We believe that the benefit to the city is that this proposal helps the city plan for the future in this area and insures compatible development. It will remove an overabundant number of access points on a major thoroughfare. Provides neighborhood services that will continue a consistent pattern of development for the area. Again, we have present Meridian City Council October 28, 2008 Page 21 of 54 • L J was the right-in concept. We didn't get a chance to argue the right=in, right-out concept with them,. Rountree: Madam Mayor?~ De Weerd: Uh-huh. Rountree: So, my question was. does ACHD's current position on not allowing aright-in and right-out, have some. bearing bn how viable this is for a commercial application? Nickel: No. Rountree: You have indicated the previous application it may have had some impact, but on this concept -- Nickel: Yeah. That was the -- the specific use was a pharmacy and that pharmacy wanted access on Eagle Road.. We are not -- we are not concerned that other uses -- potential uses, the mixed use., would have that same problem with just aright-in, but, again, we are going to have to figure that out once we get an actual user and they go -- fhey submit an application and that goes in front of ACRD and we can see what -- what they will approve. We know we will at least have aright-in and., then, we -- they did approve a full access off on Victory Road far enough away from the intersection that met their policy and that seems to be a -- a positive, probably, in the way of design criteria. Rountree: Thank you. Madam Mayor? De Weerd:: Mr. Rountree. Rountree: We have had several public hearings in this particular area and further south. The question of the intersection and its functionality always comes up. The last application we had before us there was a genuine commitment on the part of the developer to participate in improvements on that intersection. If -- mind you, if we were to approve this Comprehensive Plan amendment, is there some commitment on the part of the owners to weigh in on the improvements of the Eagle=Victory intersection? Nickel: Madam Mayor and Council Members, I can't make that commitment for the current property owners, because they will more than likely not be developing this site. However, we do understand what was approved kitty corner to this property and we understand and accept fhe fact that improvements to the intersection are going to have to take place whether we wait on ACRD to do those improvements or there is a joint effort between the developers and the property owners of those to fulfill that, if they want to -- if they don't want to wait for ACRD to improve those. But we do recognize that and I hope that answers your question. Rountree: Kind of a nice way of saying no. Meridian City Council October 28, 2008 Page 23 of 54 Young: That one is -- is looking to the west. The distances between those fences are .right around 30 feet. The other picture is looking to the east and those were taken from the -- from the center -- kind of the center of my property and you can see the natural buffer which is there. So, I think that would certainly mitigate problems with future development of some kind if -- if this was approved.. It's interesting to note that when they had the hearings for the Thousand Springs Subdivision, when we were -- before the Planning and Zoning Commission, one of the Planning and Zoning Commissioners told me -- he said, Mr. Young, whether you like it or not, one of these days your property is going to be commercial. Anyway, we favor the project or the change to the Comprehensive Plan and would urge you to give us some consideration on it. Do you have any questions of me? De Weerd.: Thank you, sir. Any questions from Council? Okay. Thank you. Okay. Bob Aldridge signed up against. Canning: Madam Mayor, did you -- These were the affected properties. This -- De Weerd: That would be helpful. Caning: This is the one that was in question. De Weerd:: Okay. - Aldridge: Madam Mayor, Members of the Council, Bob Aldridge. 3300 Falcon. approach this with fear and trepidation, so we will see if this works or not. I own the property -- it's not being highlighted here. Yeah. Right there. I have lived there for 23 years. When I move there -- as Mr. Young said, there was no entrance off the~freeway. Things were quiet. I used to say I could go out and lay down in the middle of Eagle Road., go to sleep for two hours, and not worry about it, because the only coming by would be a farmer in a combine and it would drive around me. That's, obviously, no longer the case:. I'm here tonight wearing approximately four hats. In addition to testifying. on my own behalf, I have been requested to speak on behalf of Thousand Springs homeowners' board.. They are here tonight. If they'd stand. That is the entire homeowners' board of Thousand Springs, representing all of the 400 units in that area. have also been requested to speak on behalf Woodhaven homeowners subdivision. Their representative, who is mentioned.., was here at the prior meeting. They have a funeral in their subdivision tonight. So, I'm speaking for them. And for Tuscany I have been in contact with that board. They are in the midst of trying to complete a survey of their entire subdivision. They have authorized me to speak on their behalf from written communication to me. Dozens of members of Tuscany have so'far been contacted and who are in opposifion. And Iwould -- De Weerd.: Mr. Aldridge, then, we will give you ten minutes for your testimony. If the clerk would., please, note that. Meridian City Council October 28, 2008 Page 25 of 54 pair would even be adjacent to this, and at the back the only potential area would be the attempt to come fhrough the small entrance within Thousand Springs. But that's commercial development and what you're going to have is people coming out to this area looking at Victory Road and traffic backed up in all directions and/or going at high speed through that area and if there is any kind of out going back into those areas, you're going to have commercial traffic spilling out in these subdivisions and that's a disaster. Simply not the way the plan is supposed to work. This is something that needs to be done in terms of being high density residential.. With proper plans I think that certainly 1 would be in support. I have been before this Council now a whole bunch of times with all these surrounding areas and despite the fact that this is, from my point of view, absolutely choking my lifestyle out there and totally removing what originally had had., I recognize that change will come, but it needs to be correctly and it needs to be done in an organized manner and it needs to be done with forethought and that in this case says that you need to have something that's clear, that's explicit, that has express types of design built into it, clear methods of what's going to be coming in and out in terms of the access points, clear methods of interacting with the surroundings or you get buffering problems. You have a huge number of trees on this property that are going to have to be mitigated. We have no concept of how that would happen currently and., frankly, it would be very difficult to do in a commercial setting, the amount of parking that would be required and so forth would make it almost impossible to do a commercial development here and still mitigate all the tree damage. So, we have immense problems with this as a commercial development and so this is simply something that needs to wait. Number one, we need to see what happens with the intersection. We need to know what ACRD does with these surrounding streets. We need to see what happens with the economy and how these other areas develop up in the northeast, so we know what kind of development is there and how to track it. Is that going to be something that comes out as the original plans -- they were submitting a concept on that property, it showed that something back from the corner or are you going to have traffic coming out onto Eagle Road. All those things are going to have a huge impact on how the traffic is going to flow to this particular site.. I feel extremely sorry for these people. They are in much the position I'm in. They are surrounded by things that they didn't want to have. Their lifestyle has changed. But you can't change one mistake by making another mistake and so I would ask that this commission refuse to -- this Council refuse to allow this particular usage, turn this down, and let them come back with something that is a correct plan, that has the right kind of high density residential that can work here, that has explicit plans, instead of coming in with rezoned annexation, plats, and so forth, so we can clearly look at what's being done and you can have correct comments from the neighbors, based on the actual plans, as opposed to what right now is a lot of maybes and yeses and as Councilman Rountree pointed out, a polite way of saying no in terms of interacting on the intersection. It is simply too soon and it's the wrong project. I'd be happy to answer any questions. De Weerd: Counsel, any questions? Rountree: Madam Mayor? Meridian City Council October 28, 2008 Page 27 of 54 De Weerd: Thank you. Glick: Any questions? • De Weerd: Thank you. Okay. Barbara Marquart. Marquart: Good evening, Madam Mayor and Members of the City Council. My name is Barbara Marquart. I live at 3100 East Victory Road, which, is the third piece of property from the corner. First of all, I want to thank you for listening to our request this evening. We have only lived on Victory Road 12 years, which makes us the youngest homeowners in the vicinity and change has definitely come to our neighborhood. As in the case of this growing community, as in many, many neighbors, we have the four subdivisions that we have been talking about and the apartments, so we are no longer in a rural setting, which we were just as few as 12 years ago. We have a lot of change and with it we got a lot of traffic and a lot of noise. Traffic has been mentioned so many times tonight, but I want to take a minute in case any of you were a part of the Locust Grove overpass. You can't believe the improvement it's made on our corner. When I go out in the morning to get the paper, because I'm fortunate to tell you now I'm retired, don't have to get out into traffic. There is a tremendous difference, though, in the traffic. You are all to be commended because Locust Grove has done a good job of making a positive change for our area. We are on our acreages that were rural. That country living is sadly gone and I'm asking you to approve this Comprehensive Plan, so that we can move forward with our property to be consistent with the other properties on the other corners as they have already been approved. It's interesting that the term commercial has been used a couple times tonight and I as -- to me the mixed use Comprehensive Plan amendment that we are looking at isn't speaking in terms of commercial like people think of a lot of traffic, to me if a doctor's office is on that property, it's only fhere at most eight hours a day and I don't see it bringing a lot of new traffic, I just see it accommodating the traffic that's already on those roads of people that are going to and from their homes and work and as accommodating those people.. We are not talking about commercial property that brings hundreds of people into it. The mixed use doesn't designation that to my mind and maybe I'm not accurate on that. So, I don't see it as a big problem to all of those property owners, I see it as an opportunity for them to have some kind of commercial -- I'll use that word development -- that would enhance their homes and mean they wouldn't drive miles to get. to somewhere for services that could be provided on Eagle and Victory and I think our properties are appropriate for that. Thanks for listening.. Do you have any questions? De Weerd: Thank you. Marquart: Thank you very much. De Weerd: Lynn Asay signed up for. Asay: Madam Mayor and City Council, appreciate this opportunity. Meridian City Council October 28, 2008 Page 29 of 54 De Weerd: Thank you. David Currier. • Currier: Madam Mayor, Council Members. My name is David Currier. I live at 3130 East Victory. It's also the same-- the second one in. That's where it is. Yeah. What used to be a nice quiet place to live has turned into a noisy busy area. What Mr. Aldridge was saying about the Corey Barton four-plex across the street seems to be working. That will be until the road gets put in and you have got 30 feet between those buildings and the road. Right now you can stand on the road and look right into those buildings and see the people sitting at their dining tables and stuff like that. 6t's very noisy at this point. We are not right on the road. However, we at times have had pictures fall off the wall, because, you know, motorcycles and all kinds of construction equipment driving through that area. It isn't a place you want to put residential. It's definitely a commercial place. I recommend mixed use zoning. It's impossible to get out in the morning, being as close as we are. I'd love to have aright-out and right-in to get out onto Eagle Road.. That would be perfect. But that doesn't happen. Being as close to Eagle as we are, it's -- it's very hard to get out of that property unless you're turning right. We are an island in a sea of subs. All the subs have built up around. They have all been allowed to come in there and now it's created us an island. We have got the canal in the back, which kind of, you know, closes us off from everything else. There is no stubs coming in there. As far as I'm concerned.., the mixed use zoning would be the way to go. I can't -- I can't see higher density in there. Like I say, it's so noisy in that area Ican't -- I can't see people actually wanting to live in those buildings once that intersection gets put in. That's about all I have got to say. De Weerd: Thank you very much. Currier: Thanks. De Weerd.: Dave Marquart. Opposed. D.Marquart: Madam Mayor, Councilmen, my name is Dave Marquart and I live at 3100 East Victory Road and let me see if I can make this little jewel work here. Canning,: Jt doesn't seem to be working. D.Marquart: It doesn't work on this one? Canning: I don't know why it's not working. D.Marquart: Okay. Well, where you see the arrow up there, I'm the one on your left. Right there. Thank you, Anna. The use that we have for this right now is I think inappropriate, considering that we have, directly across Eagle Road to the other side, to the east, we have what you have here, it's RUT, that's already been approved by the City Council as mixed use. What we are looking for here is -- is your support to make this change so that we have a better use of that property. It's been said many times before about the noise and the traffic and, you know, if we take that to the next extent, if • Meridian City Council October 28, 2008 Page 31 of 54 going to go far and I would ask the Council to, please, consider their applicafion and give them a more appropriate designation. Thank you.. De Weerd: You did that in three minutes and left. That's quite amazing. McKay: I have to say these are pretty fancy digs over here. I feel just a little like a fish out of water. De Weerd: So do we. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, you talked about the history and I guess I'm part of that history as well. At least back into 1999. And I can remember that process. Not vividly, but as good as my old mind will allow me to remember. And there was a fair amount of push back on the part of several of the folks that are now here this evening looking fog' reconsideration of land use classification. You mentioned that the mixed use neighborhood could be a way to make this property more usable, as opposed to .the low density and lower medium density residential. Given your expertise, I'm going to take advantage of if and ask you a question. What kinds of things would you consider would be appropriate here and what kinds of things would not be appropriate at this location? McKay: Madam. Mayor, Councilman Rountree, you know, obviously, the property is not exceptionally deep, but it is very long, as far as going westward on Victory, so, you know, they would have some flexibility in access on Victory. The Eagle Road right-in issue, I mean it seems to be working quite well at Overland and Eagle Road on the Winston Moore project. I whipped in there to the Taco Bell this morning -- or today to buy the staff lunch and, you know, it works real slick and you don't create any hazard; you don't delay traffic, so, you know, there could be an opportunity there.. I kind of envision more of an office type component. The multi-family, it just doesn't really have a configuration that would lay to high density multi-family. You might get maybe some -- you know, some -- a mixture of some townhomes or -- but like as far as apartments, it doesn't have the size, it doesn't have the depth. Maybe a commercial component. They were talking about .maybe a pharmacy or something along that line. You know, I don't see this as a big retail type parcel. It's more neighborhood supportive type services and I think that mixed neighborhood designation is going to give them the maximum flexibility to come up with a good plan and I think it's awesome that all seven of them have came together tonight and., obviously, have spent a lot of money to come before you and try to figure out how can we make this work, because as Mr. Marquart said to me years ago, we will reach a time where we will not be able to live here based on the high volumes of traffic. Do you understand that's what's going to happen to us. And I do understand that and it's happened. So, does that answer your question in a lengthy manner? Meridian City Council October 28, 2008 Page 33 of 54 approved the access -- well, specifically on Victory, is they had a stipulation that that was a temporary full access until future -- until the properties to the west came back in for a specific application.. The reality is that the main entrance into this -- into these seven parcel area is probably going to align with that access road -- there you go. And, then., that access that's set closer to Eagle Road, will eventually go away. That's all done through cross-access, through -- through requirements that are set in your code that will be analyzed and looked at once a specific design and project comes in for your review. Keep in mind you guys are going to -- you guys are going to look at an annexation and most annexations that I bring before you require a concept plan and you lock us into a development agreement on what's going to -- what's going to happen on the property. You look at lighting. You look at walls. You look at landscaping, Height. Setbacks. Those are all part of that concept plan and that's -- that's still something that would come back in front of you. What we are asking today is designate this property now .while you have consent from all seven of the property owners to plan for the future. We do understand that until Eagle -- the intersection of Eagle Road and Victory gets improved., there is not much that can be happing on either of these properties on either side of the -- of he intersection and we understand that and that's, obviously, going to be acceptable, because you guys have the final say on that. We also have a unique situation on this -- this is actually -- this site -- this portion of Victory Road on this side of Eagle is actually one of the better parts, because there is actually a center turn lane about a third of the way west into the property. So, there is the ability to get in and out without blocking traffic if you're coming east on Victory Road. So, that is a unique circumstance that has been looked at, has been analyzed by ACHD when we did have the specific plans in front of them. We are still unsure what the ultimate access point is going to be on Eagle Road and we do understand that ACRD is going to make that ultimate decision. Right, now we do know we can get aright-in and that seems to be a safe alternative that -- as Mrs. McKay spoke, has been used in other areas of the city and is working quite well. So, I think that's -- that's a good thing that we understand going in what's going to occur on Eagle Road as far as access. And just to wrap up real quickly, the mixed use does allow for a combination of uses. I think if we are concerned about -- I think the reason we asked for the community mixed use up front was because of the specific use that was associated with that annexation, if that's a concern of the neighbors and the Council, it sounds like the neighborhood mixed use would be a compatible substitute for what was originally requested. That's going to allow for the mixture of office, of probably some light commercial, and also some multi-family, some four-plexes and some townhouses as well. So, I thank you for your time and if you have any further questions I'm here and thanks again.. De Weerd: Council, questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird... Bird; Shawn, in your planning experience, the shape and configuration of acreage on that, do you see a very large retail property being developed on that? • • Meridian City Council October 28, 2008 Page 35 of 54 these properties don't develop at one time, those cross-accesses will be in place when those properties do develop. Oops. You lost it. Canning: You want it back? Nickel: No. That's okay. Canning: Okay. Madam Mayor, Members of the Council, the difference between the mixed use neighborhood and community are shown up on the screen now. It does say up to ten acres may be nonresidential. Up to 100,000 square feet of nonresidential building area.. Residential density up to three to eight units per acre. Commercial units include grocery stores, drug stores, coffee-sandwich shops, drycleaner, laundromat, salons, day care, professional offices, medical-dental clinics, retail gift shops, schools, parks, churches, club house, public uses. And, then, a mixed use community would include all of the above and, then, it's up to 25 acres of nonresidential. Up to 200,000 square feet of nonresidential building area. Residential density up to 15 units per acre. And it would include clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service stations, department stores. With regard to the acres and the number of square feet, one of the flaws of our Comp Plan is that it never said out of how many total acres. So, we tend -not to rely on the acres -- the acre and the square foot numbers as called out in the Comp Plan, we tend to look more at units per acre for the residential and sample uses. De Weerd: Thank you. Okay. Council, any questions for the applicant or staff? Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Question for Anna. Just to be sure, since I'm the new person on Council, if we approve a mixed use commercial, for example, some of the examples you gave was a restaurant and a service station. But once you give that zoning approval, do we have any authority -- and I don't think we do from my reading -- that we can say yes to a restaurant, but not to the service station. Is that correct? Or do you have any leeway once you give that approval to the zoning, you're pretty much -- if that's within the approved use, whenever they come in -- Canning: When they come in for zoning. Right now it is just the Comprehensive Plan amendment. They did withdraw the annexation and zoning request. Hoaglun: Okay. So, just -- Madam Mayor, follow up with Anna. Just clarify, then. So, at that point with the annexation, then, we can look at the -- a site plan and determine exactly what is going in and, then, determine what's the best use of that within that zoning mix. • Meridian City Council October 28, 2008 Page 37 of 54 Rountree: Thank you, Bill. Where are we going. I just wanted to hear it. But follow up on that is if, for instance, mixed use neighborhood might be felt more appropriate, would that have to be reheard by P&Z or since that's an up or down zone, depending on how you look at it -- I mean it looks how you look at it, is that something that we could do without having further public hearing and public process? Nary: Madam Mayor, Members of the Council, I guess from a legal standpoint, unless Mrs. Canning has a different perspective from a planning point of view, because it's more limited use that's allowed than what the mixed use community allows, it would be my opinion you don't have to re-notice it or send that back for another hearing. Anyone that would have had concerns over what the develop would occurred on that property with mixed use community, has already been heard in relation to the uses on that property. Now, because there are lesser uses that could be done., less intense uses that are on the property, so it's my opinion you don't have to rehear it or send it back for the Planning and Zoning to rehear it. Bird: MadamMayor? De Weerd.: Mr. Bird. Bird: Mr. Nary, actually, the use of the property we could tie to the development agreement when annexation comes about couldn't we? That's one way of tying to what you can put in there and what you can't? Nary: Madam Mayor, Members of the Council, Councilman Bird, absolutely. If -- when and if an annexation request comes along, whether it's all seven properties or one, you could certainly do that. Council Member Rountree was asking if on the Comp Plan you could make limitations and you can't. Bird: No. But we can do -- we can take care of that problem, if we feel it's a problem, at the time of annexation with a development agreement. Nary:' Yes. Bird: Okay. Zaremba; Madam Mayor? De Weerd.: Mr. Zaremba. Zaremba: Just to give my opinion, I -- De Weerd.:. We need it in the microphone Zaremba: Oh, yes. Over here. I agree that low density residential is not going to continue to be practical in that area and something else does need to be found there. • ~ ~. Meridian City Council October 28, 2008 Page 39 of 54 They can use those numbers when they have. specifics, but until they get that we don't know. In terms of medical dental clinics, again, what kind? Where are they located on the property. Which end? Retail gift shops, how they would flow through there. The access can be extremely difficult. Schools. No way. Parks -- I'd love to see a park in there. Churches. Way too small. No access. All kinds of problems. Clubhouse isn't going to work. Of course, public use is just a general statement. So, the problem is that, number one, I don't know if you guys are going to be here when this comes back. I know that you have given a great deal of consideration to what you would do, but there has been changes on this -- on this Council just since this whole thing started.. Councilman Hoaglun is new .here. Others may well be gone. I believe Mr. Bird is running for an office. So, there are things that could happen. And we would -- rather than relying on your guys being here and bringing the rationality that has worked on his areas that you plan, we can't guarantee that's going to be here. And so what we are simply saying is if, in fact, this is something that can be a good mixed use neighborhood with a specific plan and get a developer in place, get the plans worked up, and come in with a complete plan at one time, because, realistically, the road usage is going to push this down at least a year and something before you can even start doing planning. ACHD is not going to have those improvements in there, even if the southeast corner developer comes in and does those, you're down the road a considerable period of time and'that would be just the intersection, that's not going to be other parts of this, you're still going to have a big problem on Eagle Road as to goes north. It's going to impact this. So, that's our concern that, yeah, you can go and say we will handle this later. Unfortunately, your record out there in this area and other areas is replete with people who for good reasons said we will handle it later, other people come in and have different concepts, different ideas, and things got done that were not in compliance with what should have been done... And so we are simply saying wait. There is no reason this can't be -- can't be put off until the next time around when you can have, number one, a better idea of what's happened down the road. Number two, some kind of an actual plan, not just a designation that you hope you're going to be able to control when it comes in, that you hope you will have the forces on the -- this Council to do that with. And that's our concern. So, trying to come up with a list right now, I don't know how we do it. You .know, as was testified to, what's going to be here? They weren't able to get an answer on that. Maybe some of these things, but, frankly, looking at that particular plan, there are major problems with that. I don't know that staffs going to find that that meets your standards in terms of the amount of mitigation on trees and the amount of open area, et cetera. So, right now we have nothing except change the use and wait and see. And to my mind that's very dangerous. Let's get something that's comprehensive, that really does come in with a true defined use of this property. And if you get that in proper form, I think you're goring to have support of the neighborhood. We want to see something correct happen there. But we are very nervous about having an open ended commitment that has all of those kinds of uses in it that can't be done and sometimes, unfortunately, the economics drive things. I would like to think that the motive would be pure in the future, but often economics drives things. Just as you have gone to a lot of work to try to create those half moons for the half mile retail centers. You have got one. 'of those just down the road from this. But the message this gives to developers is come in and do retail in the corners, despite ail of that. And so we are • Meridian City Council October 28, 2008 Page 41 of 54 So, no potential buyer of this property wants to have that in front of them saying, well., I need a year just to -- just for them to decide if the use is appropriate before I can even annex and zone. So, that's something to consider. We are not asking for anything that's going to a low us a right to do a specific use. If .you look at the mixed use neighborhood uses, I believe, as I read this, drive-thrus are not allowed in the neighborhood. Is that correct, Anna? I think that's what the mixed use community does make is the use of the drive-thru. Canning: Madam Mayor, as we developed the UDC we did look at the Comprehensive Plan designations and suggestions from those designations and I do believe that within the corresponding zoning disfii-icts, which would be C-N, that there are not derive-thrus allowed.. I believe that's the way we did it. Nickel: That's my understanding. And also there is that 300 foot buffer that's required on any -- on any drive-thru and so Mr. Aldridge was correct, that does limit the property. Now, as you saw from the concept plan, we were able to design that with that -- with that -- that pharmacy and that bank, but, again, if we -- if we agree -- and I think you're hearing from us that we will agree to the mixed use neighborhood designation at this time, I don't think you're going to see those type of uses really focusing on uses that are compatible with things that seem residential. Just wanted to add that. De Weerd: Council, anything further? Bird: I have none. De Weerd: Okay. Nickel: Thank you. De Weerd: Thank you. If there is no further information needed from the Council, I would entertain a motion to close the public hearing. Zaremba: Madam Mayor? De~Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on Item 12. Hoaglun: Second. De Weerd: Okay. l have a motion and a second to close the public hearing on Item 12. All those in favor say aye.- All ayes. Motion carries. MOTION CARRfED: ALL AYES. Zaremba: Madam Mayor? • • Meridian City Council October 28, 2008 Page 93 of 54 Meridian, but the history is that we have listened to folks. Quite honestly, if we would have listened to folks in 1999, there is a bunch of folks out there that wouldn`t have a house to live in. I would be concerned about drive-thrus, fast food restaurants. I would be concerned if .more than three acres of the ten acres would be developed for some kind of a commercial activity. Unfortunately, we don't have a concept that we could tie this through to an annexation action and a development agreement. That would be my preference. I'd also like to see -- even though we are talking -- f believe everybody is saying seven parcels, but I count eight -- that they be planned as one and not come before the city before in seven different parcels and seven. different actions on the part of a future Council. I'm torn with having to have a future Council deal with that kind of a situation, even though as I said previously, the Council has done that and I believe has done it rather well. I think our current land use planning map does a disservice to the current property owners, however, and I think we should adjust the designation and get the folks that own property there out of the Catch 22. De Weerd: Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to weigh in on this. I listened carefully to Mr. Aldridge, he makes some very good arguments. You know, not coming in piece-mealing. But the other side of that is the fact that you have the current owners of these parcels unified here and, then, Councilman Rountree mentioned that, that now they are working together and I don't know how much longer -- if we don't do something., if that's going to be the case down the road. And the preference would be to have this come before us all as one piece coming in, with the change and the annexation and everything all together. That would be the preference. But it's not. And they are locked into something that's not going to be there in the future and now it's a matter of what do we change it to and that -- and that's a tough one and there is some challenges to this piece of property, even in my limited experience I can see, compared to other sites, that there is some things there that are going to make it tough. And my advice, what I would see -- if I'm on the Council down the road when this comes forward., is something that really reduces the level of volume of traffic in and out of that site. If we are looking at professional offices that are not high volume, you don't -- of course, not drive-thrus. And I think I look at folks over there and they are smart enough to realize they are going to need their neighbors surrounding them to be supportive of this, because if they. are up in arms about what they think they want to go forward with and it may not be allowed and I think they are going to have to work very carefully with whatever developers come forward with what they are proposing and make it workable for everybody in that neighborhood. I think it's doable, but it's going to take some work and -- but Ireally -- my counsel, for what it's worth, would be look at how much traffic those buildings would be generating and I think that's akey -- key part to it. Bird: Madam Mayor? • Meridian City Council October 28, 2008 Page 45 of 54 guide them if it's something you clearly indicated you're opposed. to, they like to know that. . De Weerd: Thank you. Anything further needed from the Council? Okay. Zaremba: Madam Mayor? De Weerd': Yes. Zaremba: In the tone of supplying ideas, I probably would suggest that when it got to the annexation portion, I would want to make sure that any drive-thru required a CUP. That's just my poor thinking on what might happen. That being said -- Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm not inclined to approve the application as it is, but if we can change the application., I would suggest that the Council approve CPA 08-002, the future land use map change, changing the designation of approximately ten acres from low density residential to mixed use neighborhood and I'm specific about that mixed use neighborhood, not mixed use community as was applied for. Nary: You might want to close the public hearing hearing. Bird.: Yeah, we have. We did... Nary: Okay. I'm sorry. Zaremba: I think we did. Nary: Didn't hear it. De Weerd:: We are ahead of you. Do I have a second? Rountree: I'll second it. You haven't closed the public De Weerd: Okay. I have a motion to approve item an amendment -- I don't know how to term this, but approve a Comprehensive Plan change, not the per the request is as noted on the agenda, but for a lesser use as mixed use neighborhood. Discussion? Rountree: I have nothing more. De Weerd: Okay. Madam Clerk, will you call roll. Roll-Call: Bird., yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. • • Meridian City Council October 28, 2008 Page 47 of 54 De Weerd: I have a motion and a second on Items 14 and 15 to continue to December 2nd. All those in favor say aye. All ayes. Motion carries. MOTION CARRLED: ALL AYES. Item 16: Public Hearing: MDA 08-005 Request to Modify the Development Agreement of Mussell Corner for Emerson Park by Kuna Victory, LLC - Northeast Corner of South Meridian Road and East Victory Road: De Weerd: Item 16 is a public hearing on MDA 08-005. I will open this public hearing with staff comments. Canning: I'm sorry, Madam Mayor, we were told that the audio was not loud enough in the audience, so I was moving it up and I got behind.. I apologize. Madam Mayor, Members of the Council, this is the Emerson Park project. De Weerd: And now you get a hum. Canning.: We seem to be getting a -hum now, yeah. I'll try that. Still a hum.. Testing. Testing. That's good? Is that better than it was? Rountree: That works. Canning.: That's about where it was. Thank you, Madam Mayor. Sorry for the interruption. This project is located on the northeast corner of Victory Road and Meridian Road. The application before you tonight is DA modification, although as it turns out it's really a new DA, but we will get into those details. As a condition of approval for the Emerson Park preliminary plat, the applicant was required to apply for a modification to the original DA for the Cole Mussell corner property and to the original DA to -- to include the conditions of approval of the preliminary plat, so that that subject modification to the DA application satisfies this plat requirement. So, that's why they submitted this application, is because we asked them to as part of the preliminary plat requirement. So, the applicant is requesting a new DA for Emerson Park Subdivision, which has been platted as Lots 1 and 4, Block 1, of Mussell Corner Subdivision. It reflects the conditions of approval for the preliminary plat for Emerson Park. The proposed DA will also include provisions from the original DA and the later addendums that are applicable to the subject property. So, the original DA and the subsequent addendum covered the entire 21 acre area that was annexed and platted as Lots 1, 2, 3, and 4, Lot 1, of Mussell Corner Subdivision. Ln 2007 a preliminary plat of 17.84 acres was approved for Emerson Park Subdivision, which is a re-subdivision of Lots 1, 2 and 4, Block 1, of Mussell Corner Subdivision. Lot 3 down here in the corner where the --~ the feed store and the convenience store and the fuel sales facilities and a great taco truck -- they were not included. They are all on Lot 3 and that's not part of the Emerson Park Subdivision. So, although Lot 2 of Block 1 of Mussell Corner Subdivision was replatfed with Emerson Park, Mr. Mussell retained ownership of that and so it's not in the same ownership as to the remainder of Emerson Park. So, that is not being Meridian City Council October 28, 2008 Page 49 of 54 De Weerd: Mr. Rountree. Rountree: I move that we approve the requested development agreement modification MDA 08-005 with staff comments and applicant's comments. Hoaglun: Second,. De Weerd: I have a mofion and a second to approve Item 16. If there is no discussion, Madam Clerk., will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Alt ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. RZ 07-021 Request for a Rezone of 27.89 acres from R-4 to C-N (2..75 acres) and L-O (25.14 acres) for the property located on the southeast corner of North Locust Grove Road and East Leigh Field Drive for Education Campus Commercial by Joint School District No. 2 -Southeast Corner of North Locust Grove Road and East Leigh Field Drive: Item 18: Ordinance No. RZ 08-002 Request for Rezone of 0:55 of an acre from the R-4 to L-O zoning district for Meridian Library Parking Lot Expansion. by the Meridian Library District - 1727 North Leisure Lane: Item 19: Ordinance No. AZ 08-00.8 Request for Annexation and Zoning of approximately.5 acres from RUT to an R-8 zone for Redmont Health Services by The Land Group, Inc. - 5075 West Cherry Lane: Item 20: Ordinance No. 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 West Overland Road': De Weerd:: Okay. Items 17, 18 and 19 are ordinances No. 08-1384,08-1385, 08-1386, 08-1387. I will ask Madam Clerk to, please, read those four ordinances by title only. Holman: Thank you, .Madam Mayor. To clarify, I'm reading. -- I'm sorry -- 1384, 85, 86 and 87? De Weerd: Items 17, 18, 19 and 20. • Meridian city council October 28, 2008 Page 51 of 54 rezone of the zoning classification RZ 08-0.03, Kennedy Commercial Center, for real property being a parcel of land n the southeast one quarter of the southwest one quarter of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said land from I-L, light industrial district, to C-G, general retail and service commercial district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an .effective date. De Weerd: Yes, you were fading in and out on that one. You have heard the reading of these four ordinances. Is there anyone in the audience who would like to 'hear them read in their entirety? Seeing none, Council, do I have a motion to approve these four items? Bird,: Madam Mayor? De Weerd: Mr. Bird,. Bird: I move we approve Ordinances No. 08-1384, 08-1385, 08-1386 and 08-1387 with suspension of rules. Rountree: Second. De Weerd: Okay. That was a motion to approve Items 17, 18, 19 and 20 and a second. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Ca11: Bird, yea; Rountree, yea; Zaremba, yea.; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. Ordinance: Item 22: Ordinance No. Systern Ordinance: Amendment to Massage Private Sewage Disposal De Weerd: Item 21 is ordinance 08-1388. and Item 22 is 08-1389. Madam Clerk, will you, please, read these two ordinances by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1388, an ordinance of the City of Meridian amending Title 3, Chapter 6, Section 16 of the Meridian City Code, relating to massages and minors and providing an effective date. • Meridian City Council October 28, 2008 Page 53 of 54 Rofl-Ca11; Bird., yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. ,ti ~~o;~ , MOTION CARRIED: AL'L.AYES . to .._ ...._ ,~, . EXECUTIVE SESSION`;' ° ' ~:.` .; ~'~ ~ t., . k ' 'S'+s ~ . . Rountree: Madam Mayor?~-. ,- ~<~~- ~' ~ ; ,;; De Weerd: Yes. ~~~, ~~ ~ ~ , ~` Rountree: I move that we~co,me, out~~of Executive Session. Bird: Second. De Weerd; I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: One final bit of business. If you don't know, staff and myself met with Ada County last week, planning and zoning, our Comprehensive Plan amendment. We had a tremendous turn out of citizens in support of our Comp Plan amendment, both north and south. Very complimentary to the City of Meridian and the processes we have done and the fact that they want to be part of the city. Nobody spoke against it. Neither Kuria nor Eagle showed up. And we got unanimous approval to move it on to the county commission:. So, with that I'd move we adjourn. Bird: Second... De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. Motion carries. MOTION CARR1'ED: ALL AYES. MEETING ADJOURNED AT 10:.05 P.M. (AUDf - CORDING ON~'iC~Q~THESE PROCEEDLNGS) I l / 25 / MAYOR TAM De WEERD DATE APPROVED October 24, 2008 AZ 08-004 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Norpac, LLC ITEM NO. 5-A REQUEST Findings for Approval -- Request for Annexation and Zoning of 318.74 acres from RUT to R-4, R-8 8~ R-15 for Oakcreek -- e/o N. McDermott Rd, w/o N. Black Cat Rd, s/o Chinden Blvd 8~ n/o Ustick Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUJLDING 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 See affached Findings ~~ 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 (D A Fl O DECISION & ORDER In the Matter of Annexation and Zoning of 318.74 Acres from Ada County RUT to R-4 (Medium-low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres) and R-15 (Medium-high Density Residential) (56.82) and Preliminary Plat on 30.72 Acres Consisting of 139 Lots including 118 Residential Lots and 21 Common Lots in a proposed R-8 Zoning District for Oak Creek Subdivision, by Norpac, LLC Case No(s). AZ-08-004 and PP-08-003 For the City Council Hearing Date of: October 7, 2008 (Findings on the October 28, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 7, 20.08 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 7, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 7, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 7, 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 (LC. §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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -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, Preliminary Plat, Concept Plan, Development Agreement and the Conditions of Approval all in the attached Staff Report for the hearing date of October 7, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal descriptions and exhibit map, stamped and dated February 21, 2008 by Gregory G. Carter, 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 October 7, 2008, incorporated by reference. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, dated 1/25/08, is hereby conditionally approved; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 7, 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-08-004 and PP-08-003 -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, maybe 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 maybe 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. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month.deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void, Upon written. request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 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 maybe 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 maybe adversely affected by the issuance or denial of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -3- 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 October 7, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 4 • • By action of the City Council at its regular meeting held on the ~ ~ day of (`~(' ~ , 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: Jaycee Hb~man, City Clerk VOTED VOTED VOTED VOTED__~~_ VOTED ~~~ Mayor T de Weerd ,, .; `\\,. y p~ AAER1p~ ` ,,~~ ~~~ rFO . ~~ _ ~~ ;'9~ Gsr~s~• ~~ . Copy served upon Applicant, `Th~~rP~~'n-~'eplent, Public Works Department and City ~''~~+iri n ~ n ~~~~~~ Attorney. BY~ Dated: ~ ~'c~'~$ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -5- CITY OF MERIDIAN PLANNING DEP• MENT STAFF REPORT FOR THE HEARING D• OF OCTOBER 7, 2008 STAFF REPORT Hearing Date: October 7, 2008 TO: Mayor and City Council FROM: Bill Parsons Associate City Planner 208-884-5533 E IDIAN ~- LDAHO SUBJECT: Oak Creek • AZ-08-004 Annexation and Zoning of 318.74 acres from Ada County RUT to R-4 (Medium-low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres) and R-15 (Medium-high Density Residential) (56..82) by Norpac, LLC • PP-08-003 Preliminary Plat on 30.72 acres into 1391ots including 118 residential lots and 21 common lots in a proposed R-8 zoning district NOTE: This project has been continued from the June 5, 2008 Planning and Zoning Commission meeting. The reason for the long continuance was so the applicant could have the time to address staff's concerns regarding a detailed concept plan for the entire 3l8 acres, the serviceability of the proposed development and the Highway 16 alignment study. Further, the applicant has provided Public Works with the pertinent information for the construction of a temporary lift station to accommodate sewer concerns far the additional acreage that is located outside of the current Black Cat sewer shed. The applicant also wanted an opportunity to address concerns raised in the staff report and has proposed DA provisions that should be tied to this AZ request, if the site is approved for annexation. Staff has updated the staff report and is now recommending approval, not denial. Staff has provided additional analysis of the revised concept plan, added conditions of approval for the preliminary plat and inserted the applicable DA provisions below 1. SUIVIMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Norpac, LLC, has applied for Annexation and Zoning (AZ) approval of 318.74 acres of land from the RUT zoning district in Ada County to the R-4 (Medium-low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres) and R-15 (Medium-high Residential) (56.82 acres) zoning districts. Concurrently, the applicant has subnutted for Preliminary Plat (PP) approval of 139 lots consisting of 118 residential lots and 21 common lots on 30.72 acres. NOTE: The 30 acre plat is included in the 318 acres the applicant is requesting for annexation. At this time the applicant is only proposing to develop (plat) a 30 acre parcel located near the southwest corner of McMillan Road and Black Cat Road because city services are available to that parcel with the expansion ;of the Black Cat trunk. The remainder of the property proposed for annexation only (288 acres) is expected to develop in the future, as there are no city services available for the subject site until the Can-Ada lift station is constructed. (NOTE: Public Works has master planned sewer services in the area however; the funding and timing for the construction of the Can Ada lift station has not been determined.) Currently, ITD is conducting the Highway 16 alignment study and associated environmental review to determine the location and right-of way acquisition for the future construction of Highway 16. Portions of this site may be needed for right-of--way for the Highway 16 expansion. Further Oak Creek AZ PP PAGE 1 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 development of 288 acres will be subject to the availability of city services and the completion of the Highway 16 alignment study. (NOTE: The alignment study is expected to be concluded by the end of 2009 and the public hearing to act on the draft environmental review is scheduled for February 2009.) Due to the timing constraints of not having sewer service available and not knowing where or how much right-of--way will be needed for Highway 16, the applicant is only proposing a conceptual plan for how the site is expected to develop in the future. The subject site is expected to develop as a mixed use residential master planned community. The applicant is proposing three different neighborhood plans and zoning districts to provide communities for all income ranges. Each community proposes a range of product types (single farnily detached, town homes, ally loaded, single family attached and multi-fanuly) and densities associated with them. On the concept plan, the traditional single family neighborhood offers 215 home sites and consists of 69 acres, zoned R-4; the Mixed Density Single Farruly Neighborhood offers 1,000 home sites on 192.22 acres zoned R-8; and the Mixed Density area consists of 56.82 acres, zoned R-15. The project and conceptual plan will be further discussed in Section 10. The subject site is located generally east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard and north of Ustick Road including the southeast and northeast corners of W. McMillan Road and N. McDermott Road; and near the southwest corner of W. McMillan Road and N. Black Cat Road, in Sections 28 and 33, T.4N., R.1W. The subject property is currently within the City's Impact Area, 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and a recommendation for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Oak Creek development (AZ-08-004 and PP-08-003) based on the Analysis and Findings of Fact as listed in Exhibit D. The Meridian Planning & Zoning Commission heard these items- on June 5, 2008 and August 21 2008 At the August 21 2008 public hearing the Commission voted to recommend approval of the subiect AZ and PP request a. Summary of Commission Public Hearing• i. In favor: Becky McKay. Thomas Coleman Tom Coleman ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Huebschmann in opposition of the project Walt Morrow in favor of the project, Kevin Howell regarding sewering his property as part of the interim Lft station. v. Staff presenting application: Bill Parsons vi. -Other staff commenting on application• Scott Steckline b. Key Issue(s) of Discussion by Commission• i. The Ilighway 16 alignment study occurring in the area and restricting access to McDermott Road until the study is completed ii. The interim lift station the applicant is proposing to construct to develop the remaining 288 acres.. In particular, the Commission discussed the capacity of the current wastewater treatment plant and the potential to upgrade the interim lift station for future properties that may request annexation if this site was approved iii. The Commission wanted further clarification from the applicant regarding the Five Mile Creek restoration proiect which the applicant has agreed to participate in iv. The use. of reclaimed. water for the northern portion of the proposed development Oak Creek AZ PP PAGE 2 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING •E OF OCTOBER 7, 2008 v. Other platted properties in the vicinity of this proposed proiect c. Key Commission Change(s) to Staff Recommendation• i. An approved new concept .plan depicting how the site may develop a portion of the R-15 zoned property has been attached as Exhibit A.2 and A 3 d. Outstanding Issue(s) for City Council: i. The Council should determine if this site should be annexed prior to the completion of the Highway 16 Alignment. study and without the construction of the Can-Ada lift station. The Council should determine if annexing this property in the best interest of the City at this time. ii. Staff recommends that the Council direct staff to update the DA provision to remove the requirement. of an 8_ acre park and modify this provision to include "development is to provide a minimum of 15.45 percent common open space for the entire development (excluding the 30 acre plat) to include the Western Ada Recreation Center parcel The development shall include a central .park area of at least 6 acres with a clubhouse and pool for the .homeowners, as generally depicted on the Concept Plan The park shall be included within the first two phases of the development north of McMillan Road (Phase 3 or 4 ." he Merid ian City ouncil h .aryl then items nn OrtnhPr 7 711aQ s* +ho .,,,tip;.. ~,o.,,..,,.. approved the subiect AZ. and PP reaues~, ~, ummarv of City ouncil Pub is Hearin ~, n favor: Becky McKay. Thomas oleman. Tom .olema ia. In opposition: None iii, ommenting: Garv .ee Barbara Wa rfi ld iY. Written testimony: Mike Huebcchmann. Kevin Howell y. taff presenting application: B'll Parconc Yl. Other staff commenting on application• Kvle Radek. Anna C'anning_ Tom Rarrv 1z. ev Issues of Di cu ion by ouncil• iJ The Council encouraged the applican o coordinate with Settlers irriuatinn llictrirt etica l i th ti f h y mprove e por on o e property wi hip the 0 foo acem nt 11. tore improvements needed to miti ate for in reac d raffic enera ed by he . lil. he Council wanted a me hod a tabu h d o notify no ntial hom b wer off > >re tate'Highwav lb t t di M t R D a acen o c ermot oad lY. he Council disco ed if he wa t water tr atmen plan had he caps ity o c r~'c the 300 acres ~, . . ey Council C'hanuec to Ctaff/rnmmiccinn RPrnmmo ~. odifv DA provision to allow a 6 acr park and nrovid . a otal of 12 u .rcent ope space excluding th l t e p a 11. Added a DA provision: The .applicant shall nrnvirle a mPfhnrl fnr nn+isi~~tinn +.. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08- 004 and PP-08-003 as presented in the staff report for the hearing date of October 7, 2008, with the following modifications: (add any proposed modifications.) Oak Creek AZ PP PAGE 3 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08-004 and PP-08-003, as presented during the hearing on October 7, 2008, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-08-004 and PP-08-003 to the hearing date of (insert continued hearing date here) so the Planning Department can draft conditions for approval (you should state any other reasons for continuance). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Generally east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard and north of Ustick Road including the southeast and northeast corners of W. McMillan Road and N. McDermott Road; and near the southwest corner of W. McMillan Road and N. Black Cat Road, in Sections 28 and 33, T.4N., R.1 W. b. Owner(s): Norpac, LLC 1025 S. Bridgeway Place, Suite 280 Eagle, ID 83616 c: Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RITP (Ada County) £ Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is. requesting concurrent approval for Annexation and Zoning of the subject 318.74 acres to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) and Preliminary Plat approval of 118 single-family building lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district. Approximately 10% percent (3.08 acres) of~the area being subdivided is being set aside for open space. The remainder 288 acres is not proposed for development at this time. 1. Date of preliminary plat (attached in Exhibit A): 01/25/08 2. Date of landscape plan (attached in Exhibit A): 12/17/07 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. Oak Creek AZ PP PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING D• OF OCTOBER 7, 2008 c. Newspaper notifications published on: May 19, 2008 and June 2, 2008 (Commission); September 15 and_Septe~ber 29, 2008 (Gifu Council) d. Radius notices mailed to properties within 300 feet on: May 8, 2008 (Commission); September 12, 2008 (City Council) e. Applicant posted notice on site by: May 25, 2008 (Commission); September 27, 2008 (Gifu Council 6. LAND USE a. Existing Land Use(s): A majority of the subject site is currently vacant agricultural land. A few of the larger parcels are developed with single family homes and associated out buildings. b. Description of Character of Surrounding Area: This area is composed of primarily agriculture land and farm homes on large parcels. The subject project, if approved, will constitute a significant change in use for this area and begin the transition from rural to urban for the sections located along Black Cat, McMillan and McDermott Road. c. Adjacent Land Use and Zoning: 1. North: Rural residences and agriculture, zoned RUT (Ada County) 2. East: Rural residences and agriculture and Keego Springs, zoned RUT (Ada County) and R-8 3, South: Rural residences and agriculture, zoned RUT (Ada County) 4. West: Rural residences and agriculture, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to construct an interim lift station to sewer to the City of Meridian Waste Water Treatment Plant. Location of water: N Black Cat Rd and W McMillan RD Issues or concerns: None 2. Canals/Ditches Irrigation: The preliminary plat shows the Settler's Canal transverses through the development. Other laterals/ditches will be addressed as other plats are proposed during additional phases of development. 3. Hazards: On the submitted Preliminary Plat, the subject site does not fall within any FEMA Flood Zone; referenced firm panel 16001 C0139H, dated February 19. 2003. 4. Proposed Zoning: R-4 (Medium-low Density Residential), R-8 (Medium Density Residential) and R-15 (Medium-high Density Residential) 5. Size of Property: 318.74 acres (includes 30.72 acres proposed with a preliminary plat) £ Subdivision-Plat Information: 1. Residential Lots: 118 2. Non-residential Lots: 0 3. Total Building Lots: 118 4. Common Lots: 21 Oak Creek AZ PP PAGE 5 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 5. Other Lots: 0 6. Total Lots: 139 7. Gross Density: 3.84 dwelling units per acre 8. Minimum Lot Size: 5,000 square feet g. Subdivision Landscaping 1. Width of street buffer(s): 25 feet adjacent to W. McMillan Road and N. Black Cat Road 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: 10.03% (3.08 acres) useable open; 5.06 acres (16.4%) common open space. h. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a .garage) and a 20' x 20' parking pad in front of each garage. i. Summary of Proposed Streets and/or Access for the 30 acre plat: The entrances into this site are from N. Oakstone Avenue which is proposed to intersect W. McMillan Road and W. Quintale Street which. is proposed to intersect N. Black Cat Road. A total of eight public streets are proposed to provide internal circulation through out the development. In addition, four of the streets stub to adjacent property owners for future connectivity. The typical street section is expected to be constructed as 36-foot street section (measured from back of curb to back of curb) with 7 feet of landscaping on each side within 50-feet of right-of- way. The applicant is proposing 5-foot detached sidewallcs which require an easement with ACRD. Staff is generally supportive of the proposed street system. 7. COMMENTS MEETING On May 16, 2008 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire 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 The subject site is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwelling units per acre (see Page 99 of the Comprehensive Plan.). The overall density of the area proposed for annexation is anticipated to have a gross density of 5 dwelling units to the acre; the subject preliminary plat has a gross density of 3.84 dwellings per acre. At this time, the applicant is only proposing to develop approximately 30 acres which is the only area that can be serviced with city water and sewer at this time. The remaining 288 acres of the area proposed for annexation is not proposed for development as city services are unavailable. Further, the Meridian Comprehensive Plan specifically states to limit annexations and new development within the McDermott Road area until a plan is approved that specifies the SH 16 right-of--way locations and associated right-of--way acquisition needs. .The applicant is proposing'to construct a temporary lift station that will provide sewer services to the remaining 288 acres that are not in the first preliminary plat phase (plans have been reviewed by Public Works to determine if the proposed temporary lift station can adequately service the remaining 288 acres.) In addition, the applicant is proposing to not develop/plat within 700 feet east of McDermott Road until the alignment study is complete for Highway 16. Oak Creek AZ PP PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Through the DA process, the applicant and staff believes that the Comprehensive Plan policies regarding the lack of services provided to the site and a portion of the property being adjacent to McDermott Road have been addressed/mitigated. In addition to the above analysis, Staff finds the following Comprehensive Plan policies apply to this application (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. 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 can only be reasonably extended to the 30 acre parcel proposed for platting at the developer's expense. A vast majority of the site is not currently readily available with city services. The applicant is proposing to construct an interim lift station to service the reaming 288 acres. Sizing requirements will be determined by Public Works. - 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 No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the ' Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter IV, Goal I, Objective A, Action 6 -Permit new residential, commercial and industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The 30 acre parcel proposed for development is not contiguous to the current city limits. The only point of contiguity is through the 288 acres that is proposed for annexation but not proposed for development at this time to due lack of service availability. At this time services can only be provided to the 30 acre parcel the applicant is proposing to develop. The remaining 288 acres do not and will not have city services available until the Can-Ada lift station is constructed. (NOTE: Public Works has master planned sewer services in the area, however the funding and timing for the construction of the Can-Ada lift station has not been determined.) • Chapter VI, Goal II, Objective A, Action 8 -Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit oriented development as appropriate. The applicant has submitted a master pathways plan that has made provisions for pedestrian and multi-use pathway throughout the 318 acres proposed for annexation. The master pathway plan is generally consistent with the Comprehensive Plan Future Land Use Map and Master Pathways Plan. Oak Creek AZ PP PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes four stub streets to adjacent properties. All of the stub streets extend to parcels currently zoned RUT in Ada County, which staff anticipates will re- develop in the future. Staff believes that the applicant has done a nice job of providing for future connectivity to the west„ south, and east of the proposed development. On the submitted concept plan the applicant has made provisions for future vehicular and pedestrian connectivity as well. Said street layout and pedestrian connectivity is subject to the DA recommended for the site. • Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. The surrounding area is primarily agricultural land with rural uses and does not provide opportunities for connection with collectors and local streets. On the revised concept plan, the applicant has provided a more detailed collector and local street layout then previous reviewed. The conceptual layout appears to provide good connectivity to McMillan Road as well as internally within the development. The applicant has also provided stub streets to the surrounding properties for future connectivity. The applicant is not proposing connectivity to McDermott Road until the HWY 1.6 Alignment Study is completed. The proposed street layout will be subject to the DA provisions recommended for this site. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. As mentioned earlier, the applicant has made provisions for pedestrian and multi-use pathways within the annexation area. Future phases are expected to comply with the Master Pathways plan. However, a majority of the uses surrounding the subject parcels are agricultural uses and provide no connectivity. Staff believes that the applicant has done a good job providing internal connectivity for the proposed property. • Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut _ or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. The proposed plat and landscape plan depict landscaped common areas along McMillan Road and Black Cat Road. The applicant is proposing R-8 zoning which has a higher density than the surrounding area that is still under the County's jurisdiction. If the subject plat is approved it would create a higher density subdivision surrounded by RUT Ada County parcels. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that, at this time, the existing rural single family residential properties in the near vicinity are currently not compatible with the density the applicant is proposing with the submitted preliminary plat however; the proposed zoning districts are compatible with the land use designation of the property. • Chapter VII, Goal IV, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. Oak Creek AZ PP PAGE 8 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING D• OF OCTOBER 7, 2008, The applicant is proposing 3.06 acres (or 10.03% of the preliminary plat site) as open space, including a tot lot, sitting benches, picnic area and pocket park with a pathway. The applicant is also proposing four additional pocket parks and central neighborhood park with amenities for future residents to use for recreation. The proposed open space will be subject to the DA provisions recommended for this site. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single-family, multi-farruly, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The applicant is proposing medium-low density, medium density, and medium-high density housing within this area. Types of housing are single family detached homes, town homes, patio homes, multi family and alley loaded product which should provide a range of housing opportunities in this area. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4, R-8 and R-15 zoning districts. Single family detached, attached, duplexes and townhomes are principally permitted in the R-8 and R-15 zoning districts. Multi- family developments. are permitted in the R-15 with CUP approval. b. Purpose Statement of Zone: R-4, R-8 and R-15 Zoning Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units, per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The Applicant is requesting approval to annex and zone 318.74 acres from the RUT zoning district in Ada County to the R-4, R-8 and R-15 zoning districts in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map for Medium Density Residential. The applicant is proposing a mix of residential uses which generally complies with the density requirements of the Comprehensive Plan. The purpose statement of the Residential Districts states connection to the City of Meridian water and sewer systems is a requirement for all residential districts. The applicant's annexation path is through parcel # 50428143240 which connects with Keego Springs Subdivision on the east side of Black Road and north of the Volterra Subdivision. The applicant is requesting the annexation of the overall area to develop a 30 acre portion of the property located on the southwest corner of McMillan Road and Black Cat Road. The remainder of the property proposed for annexation (288 acres) is expected to develop in the future as there are no city services available for the subject site until the Can-Ada lift station is constructed. Because there are no definite plans for the construction of the Can-Ada lift station, the applicant is proposing to construct an interim lift station to provide sewer services for the remaining acreage. NOTE: Staff still has concerns with the annexation of this property. Oak Creek AZ PP PAGE 9 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING D• OF OCTOBER 7, 2008 If the subject AZ request is approved, it opens Pandora's Box and creates an annexation path for other properties to request annexation that are outside of the 131ack Cat Sewer Shed and cannot be provided city services. Staff is confident that the applicant's proposal can work, but we do not want to set a precedent for other potential developers in this area to construct lift stations to sewer out of the master planned shed. There is a very real possibility that the City will see similar requests if this project is approved. The annexation legal description submitted with the application (stamped on January 29, 200.8 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. ...7;.. ~l. F 1 L. .l •T a ~a n r r d' .aII==.-^„-~:,--~c: oa--ivy ~ n ~ , ~ , Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the Ciry that may require some written commitment for all future uses. Staff believes that a DA is 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. If the Commission and Council decide it is in the best interest of the City to annex this property, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time. of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall incorporate the following, in addition to provisions the Commission and Council deem appropriate (NOTE: This. is staff's best stab at some appropriate DA provisions, but should not be considered a comprehensive list): The applicant shall be responsible for all costs associated with the sewer and water service extension. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. The applicant shall be responsible for all costs associated with the required interim lift station and pressure sewer line. The stations design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. At completion of construction, the station will be donated to the City of Meridian who will own and maintain the lift station. The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. No discharge from the station will be allowed until all plant upgrades are complete to the City of Meridian Waste Water Treatment Plant. The approval to except discharge Oak Creek AZ PP PAGE 10 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DXfE OF OCTOBER 7, 2008 must be approved by the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department.. Approved upgrades to the purposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant. Water service to this site is being proposed via extension of mains in N Black Cat Road and McMillan Road. The applicant shall be responsible for the installation of 12-inch diameter water mains to and through this developments arterial frontage. Also a 12-inch diameter connection shall be made in Black Cat Road to the north east portion of the project prior to the start of phase six construction. Due to fire flow requirements the applicant will need to construct a 12-inch diameter main from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12- inch diameter main currently being installed with the Ten Mile & McMillan intersection widening project. This connection will need to be installed before phase six of the applicant's plan, and may be eligible for partial reimbursement. If the 12- inch water main from Ten Mile & McMillan is installed by another developer prior to phase six construction the applicant will not be responsible to participate in construction of the required main extension. Prior to phase five the applicant shall provide a domestic well site North of McMillan Road to support water demand needs to the purposed subdivision and surrounding areas. This well site will be owned and maintained by the City of Meridian. Contact the Public Works Department for size and any alternate locations. 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 agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. The applicant we be responsible to construct a 10 (ten) inch AWWA C900 PVC purple reuse main with 14 gauge insulated wire that will be attached to the pipe for locating purposes. The construction will start from the City of Meridian treatment plant continuing northwest along the Five Mile Creek ending in the Southwest corner of the purposed subdivision. All infrastructures on-site and off-site must be constructed with approved purple pipe. With the required construction of this main the applicant shall be eligible to enter into a structured reimbursement agreement with the City of Meridian. Reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe). The detailed agreement with the reimbursable amount shall be approved by City Council prior to development plan approval. The elevations proposed and submitted with the preliminary plat shall substantially comply with the three building elevations submitted with this application included in Exhibit A and approved with this application. All other conceptual elevations shall be reviewed at the time the applicant plats any portion of the remaining 288 acres and shall .substantially comply with the conceptual elevations in Exhibit A. Owner/Developer shall develop the property in accordance with the uses, dimensional standards and design guidelines in the UDC at time of application submittal to the City. Owner/Developer shall develop the property generally in accordance with the Concept Plan in Exhibit A. Owner/Developer may tailor the particular distribution Oak Creek AZ PP PAGE 11 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 and configuration of uses to meet actual market demand at the time of development and complies with the applicable zoning district, provided that the Planning Director determines the integrity of the Concept Plan remains substantially equal or better. For example, the central park area maybe relocated or altered if the Planning Director determines the park amenity is substantially equal or better in size or character than originally depicted. • Prior to the issuance of any building permits, Owner/Developer shall subdivide the property in accordance with the UDC. • Owner/Developer shall not submit a preliminary plat on the west 700 feet that adjoins the current location of McDermott Road until such time as the Idaho Department of Transportation determines the State Highway 16 alignment. Access to McDermott Road shall be subject to approval by City Council and ACRD and shall be evaluated on the status ofMcDermott Road at that time. • The development shall be allowed up to two full street accesses on the north side and two full street accesses on the south side of McMillan Road, as generally depicted on the Concept Plan, if also allowed by ACRD. • The development shall be allowed one temporary street access to Black Cat Road (northeast corner of the development), which will be closed once a collector street is constructed through adjacent parcels 50428143150 & 50428410000, as depicted on Exhibit A. • Owner/Developer shall provide a continuous collector system in the development north of McMillan Road. The collector will stub to the north boundary for future extension to state Highway 20/26, as generally depicted on the Concept Plan. • Owner/Developer shall stub public street access to the following adjacent parcels at such time as the development occurs adjacent to these parcels: 86991222200, 50428143000, 50428410000, SO428449010, SO433212400, 50428325600 and 50428143150, as generally depicted on the Concept Plan in Exhibit A. • Subject to Ada County Highway District review and approval, Owner/Developer shall incorporate traffic calming devices (which shall not include speed bumps or valley gutters) in the collector street network. • Owner/Developer shall construct a 10-foot wide multi-use pathway consistent with Owner/Developer's pathway plan and the Meridian Parks Department Master Pathway Plan. • The development shall include a central park area of at least ~ 6 acres with a clubhouse and pool for the homeowners, as generally depicted on the Concept Plan. The development shall provide a minimum of 12 percent. common oven space for the entire development (excluding the 30-acre platl. The park shall be included within the first two phases of the development north of McMillan Road (Phase 3 or 4). • The development shall include at least four pocket parks, totaling a minimum of 5 acres. Each pocket park shall include at least two amenities (e.g., play equipment, bocce ball areas, rock climbing, picnic area etc.). • Owner/Developer shall support the restoration and enhancement of Five Mile Creek as a natural amenity, as proposed and/or approved by the City, Nampa-Meridian Irrigation District and the U.S. Army Corps of Engineers. • Owner/Developer shall coordinate with Western Ada Recreation District concerning a possible 4.5 acre +/- site lying within the southwest portion of the development. In the event the Western Ada Recreation District decides not to acquire and to construct the public swimming facility, the area allocated for the District will be developed as private open space with a recreational amenity (e.g., splash pad, fishing pond, sports Oak Creek AZ PP PAGE 12 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 field, play equipment, bocce ball, rock climbing, etc.) and shall be centrally located within the development and-shall be a minimum of 2.5 acres. • Owner/Developer shall install. all perimeter and internal common area landscaping for each phase at the time of final plat recording and prior to the occupancy of any structures within that phase. • The development shall include a minimum of 1,000 residential units and a maximum of 1,300 residential units. Total number of units includes the entire product types proposed -and attached in Exhibit A. • Owner/Developer and City agree to amend the property's zoning as needed to accommodate the movement of a street or similar minor modification that affects the boundaries of the approved zones within the property. Amendment of the Development Agreement shall not be required for such minor amendments to the zones. The applicant shall submit all necessary application materials to apply for and complete the rezone process. • The applicant shall provide a method .for notification to fitture home owners of State Hiehwav 16 extension along the McDermott Road corridor, as determined by the Plannne Director. Concept Plan: The applicant has submitted a concept plan for how the site may develop. The subject site is expected to develop as a mixed use residential. master planned community. The applicant is proposing three different neighborhood plans and zoning districts to provide communities for all income ranges. Each community proposes a range of product types (single family detached, town homes, ally loaded, single family attached and multi-family) and densities associated with them. The traditional single Family neighborhood offers 215 home sites and consists of 69 acres, zoned R-4; the Mixed Density Single Family Neighborhood offers 1,000 home sites on 192.22 acres zoned R-8; and the Mixed Density area consists of 56.82 acres, zoned R-15. ~~ Staff is supportive of the mix of residential uses proposed for the project. The applicant has updated the concept plan to primarily reflect the proposed street layout and access with the proposed annexation request. Staff has analyzed the stub streets and access points associated with the 30 acre plat below. The Commission should be advised this is a concept plan and is subject to change. Through the subject DA that is required, staff will ensure this site will develop in a similar fashion proposed by the applicant. The applicant has asked for flexibility with the future design of the remaining 288 acres. On the submitted concept plan, access roads are not shown to McDermott Street because of the Alignment Study currently in process. Staff has reviewed the submitted concept plan and believes the applicant has provided adequate stub streets to the adjacent property owners for future connectivity. A collector street is proposed to stub to at the mid-.mile (north) which is consistent with Comprehensive Plan and ACRD standards. In the interim, the applicant is proposing a collector street to access Black Cat in the northeast corner of the development. This access will terminate and stub to the adjacent parcel south (as shown on the submitted concept plan); once that parcel Oak Creek AZ PP PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 7, 2008 and the northeast portion develops in the future. Staff is supportive of the conceptual street layout proposed by the applicant and any future development (plats) should substantially comply with this layout. >FIousing Types: The applicant has included Elevations for the product type proposed with the conceptual development. Staff has included the elevations in Exhibit A. The applicant is proposing a variety of housing types such as Single Family Homes, Green Court Homes, Paseo Homes, Duet Homes, Two-Unit Townhomes, Tuck-Linder Townhomes, and Mansion homes. Each product type is described as follows: • Single Family -These are the largest and most traditional homes offered in Project. They range in size from 1,701-4,000 square feet and include 6 different floor plans with a minimum of 9 distinctive elevations. • Green Court -The green court product are generally smaller homes arranged around a common green space and functions as a social gathering space for future residents. Home sizes range from 1,200-2,000 square feet • Paseo -These are alley loaded products that are specifically designed for _the "Traditional Neighborhood" home buyer, yet still p\encourages interaction among residents by orienting homes onto an open space corridor. This series contains 3 distinctive exterior treatments that range in size from 2,159-2,442 square feet. • Duet -Alley loaded product attached at the garage only. Front streetscape appears as an individual single family detached unit. Private outdoor living spaces through the use of front or side courtyards. Home sizes range from 1,500-2,000 square feet. • Two-Unit Townhomes -Front loaded townhomes with architecture forward to enhance the streetscape. Home sizes range from 1,400-2,250 square feet. • Tuck-Under Townhomes -The tuck-under Townhomes are marketed toward the buyer who desires anon-traditional home in a traditional neighborhood. Homes range in size from 1,500-1,750 square feet. • Mansion -The mansion home product generally consists of three to six units arranged in a manner to give the appearance of large estate home. Garages are located in the rear off of an alley. The units range in size from 1,000 -1,950 square feet. If this product is proposed with future phases of the development it should require CUP for Multifamily development. Future Amenities: The applicant has worked with Western Ada Recreation District to locate a facility located on a 4.4 acre parcel near the southeast corner of W. McMillan Road and N. McDermott Road. In addition, the applicant is proposing recreational and open space amenities through out the 318 acre development. Conceptually, the overall proposed open space encompasses more than 30 acres which is approximately 11% of the project area. The project is expected to provide and expansive pathway and park system which includes 10,295 lineal feet of multi-use pathways and 23,4471ineal feet of pedestrian pathways. The pathways are to provide an interconnected system that will connect with the central park, neighborhood parks, open space areas., and the Western Ada County Recreation Center proposed within the development. 2. PP Application: The applicant is requesting Preliminary Plat approval of 118 single-family residential building lots and 21 common lots on 30.72 acres in the proposed R-8 zoning Oak Creek AZ PP PAGE 14 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DTTE OF OCTOBER 7, 2008 district. The appl.ieant is proposing to construct this subdivision in 2 phases as shown on the phasing plan attached as Exhibit A.S. Staff has reviewed the proposed preliminary plat and found that the dimensional standards proposed substantially comply with the Unified Development Code. Master Pathway Plan: At this time, the applicant is only proposing to develop a 30 acre parcel near the southwest corner of W. McMillan Road and N. Black Cat Road. According to the City's Master Pathways Plan this parcel is not identified as having a pathway designated in the development. However, the applicant has provided pedestrian connectivity for the future residents, on the 288 remaining acres, to use for recreation. In addition, the applicant has submitted a master pathway plan for the remaining parcels to show how future pedestrian and multi-use pathways will function as future phases are proposed for development. Staff is generally supportive of the applicant's pathway plan and believes it meets the intent of the City's Master Pathway Plan. Staff has included a provision in the draft DA that the applicant comply with both pathway plans. Open Space/ Amenities: UDC 11-3G-3 requires a minimum of 10% common open space for all developments exceeding five acres in size. The UDC also requires one additional site amenity for each additional 20 acres of development area. The proposed site amenities are as follows: 1) The applicant is providing 3.06 acres of usable open space, which equals approximately 10.03% of the total development area. 2) A 1.4 acre pocket park is proposed and includes a picnic table and structure, tot lot, sitting benches and a 5-foot pathway which provides connectivity with the sidewalks in the proposed development. The applicant's open space and amenities plan complies with the UDC. Landscaping: The landscape plan prepared by Jensen Belts Associates, on December 12, 2007, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 10.03% (3.06 acres) of the site for useable open space, as proposed. • The applicant should construct a minimum 37-foot wide street buffer along the entire length of W. McMillan Road (an arterial street) and a 35-foot wide street buffer N. Black Cat Road, exclusive of ACHD right-of--way required for the ultimate street section, as proposed. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. • Landscaping adjacent to all pathways should be designed in accordance with UDC 11-3B-12. • Depict fencing adjacent to micro-paths in accordance with the standards listed in UDC 11-3A-7. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on . designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. • Provide fencing along the common lots 1, Block 12, Lots 14 and 16, Block 10 and lots 1, 23 and 25, Block 13 per UDC 11-3A-7A-7. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Traffic Study: A traffic study was submitted for ACRD review. Staff has attached a copy of the letter highlighting ACHD comments regarding the Traffic Impact Study in Exhibit A. At Oak Creek AZ PP PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 build out the project is expected to generate an estimated 17,328 total trips. During the am peak hour traffic is expected to generate 1,307 trips and the pm peaks hour trips are estimated at 1,818 trips. As the project develops the City, ACRD and ITD should require the necessary improvements as phases are proposed for development. Oak Creek Subdivision (Phase 1) is estimated to generate an average ADT of 1,043 with 82 am peak hour trips and 110 pm vehicle trips. ACHD has commented on the appropriate roadway improvements to accommodate the increased traffic. See Exhibit B. Stub Streets: The applicant is proposing four stub streets to adjacent properties: These proposed streets are listed below: • W. Quintale Street stubs to the property to the west. • N. Oakstone Avenue stubs to the property to the south. • W. Torana Court stubs to the Ada County parcel in the southeast corner. • The partial cul-de-sac that connects W. Los Flores Street and N. Maplestone Way stubs to the parcel in the northeast corner. Staff is supportive of the stub streets proposed for future residential developments. The applicant should be required to provide public stub streets to the afore-mentioned parcels as proposed. Access: Currently, there are two entrances proposed into this site. The first entrance is N. Oakstone Avenue and intersects W. McMillan Road and the second entrance is W. Quintale Street which intersects N. Black Cat Road. A total of eight public streets are proposed to provide internal circulation through out the development. The typical street section is expected to be constructed as 36-foot street section (measured from back of curb to back of curb) with 7 feet of landscaping on each side within 50-feet.ofrfght-of--way. Staff is generally supportive of the proposed street system. Existing Structures: Any existing building(s) shall be removed, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing 6-foot solid fencing along the perimeter of the development; 4 solid fencing along some of the interior common open space for the development; and 6-foot wrought iron fencing is proposed along Settler's Canal. Fencing adjacent to micro-paths and interior common open space is limited to 4-feet in height if closed vision fencing is used or open vision fencing up to 6-feet in height is allowed as it provides visibility from adjacent homes or buildings, per UDC 11-3A-7A.7. On the submitted landscape plan, the applicant has not provide fencing along the common lots 1, 14 and 16, Block 10 and lots 1, 23 and 25, Block 13. Staff is recommending the applicant comply with the fencing requirements per UDC 11-3A-7A-7. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not proposed along the boundary of the subdivision, the applicant is required to construct temporary fencing to contain debris during construction prior to issuance of any building permits on the site. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. The Settler's Canal traverses through the proposed platted property. The applicant is proposing to preserve a 50-foot open space corridor to maintain access to the canal. The applicant states the canal is to remain open due to the Settler's Irrigation District requiring a 72" pipe to enclose the canal. The UDC requires the City Oak Creek AZ PP PAGE 16 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 Council waive the requirement for tiling the canal. Staff is supportive of the canal remaining open. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. Drainage: A seepage bed for stormwater drainage is shown on Lot 13, Block 13. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. NOTE: Applicant. shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. Common Areas: The applicant is providing 16.4% (5.06 acres) common open space within the development. Oak Creek also includes 37-foot exterior buffer along McMillan and a ~35- foot landscape buffer along Black Cat Road. The primary open space consists of a 1.39 area park centrally located in the neighborhood and includes play equipment, a picnic shelter and a pathway. In addition, the neighborhood is expected to develop with detached sidewalks, street trees and eight foot landscape parkways through-out. Maintenance of all common areas shall be the responsibility of the respective Oak Creek Home Owners' Association. Building Elevations: Three single family home elevations were submitted to represent the housing proposed for construction with the Oakcreek Subdivision. The UDC requires buildings to be constructed of high quality building materials such as stone, brick, wood or other native materials. In no case shall the buildings use vinyl siding as the primary siding material. The building materials appear to be of high quality materials. The fronts of the buildings are accented with shutters, front porches with stone or brick accents and gable and hip roofs. The siding materials appear to be a variety of wood composite siding finishes painted in neutral colors. Roofing material is architectural shingles. Staff is generally supportive of the elevations proposed for this development. Phasing Plan: The applicant submitted a phasing plan which staff has included in Exhibit A. The applicant is expected to have 13 phases to the project. The first two phases are proposed with the 30 acre plat reviewed in this staff report. Due to the timeline of Hwy 16 alignment study completion slated for the end of 2009 and the lack of a timeline and funding for the construction of the Can-Ada lift station, staff is generally support the phasing plan for the project. b. Staff Recommendation: Staff is recommending approval of the proposed Oak Creek development (AZ-08-004 and PP-08-003) based on the Analysis and Findings of Fact as listed in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 5, 2008 and August 21, 2008. At the August 21, 2008 uublic hearing the Commission voted to recommend approval of the subiect AZ and PP request. The Meridian Citv Council heard these items on ctober 7. 2008. At the uublic hearing the CounciLannroved the subiect AZ and PP reaue t Oak Creek AZ PP PAGE 17 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Concept Plan (REVISED Concept Plan as discussed at the August 21, 2008 P&Z hearing) 3. Phasing Plan 4. Preliminary Plat 5. Landscape Plan 6. Elevations 7. Letter from ACRD regarding the TIS 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 (conditions are forthcoming; comments are attached) 8. Central District Health Department 9. Settler's Irrigation District C. Legal Descriptions and Exhibit Map D. Required Findings from Unified Development Code Oak Creek AZ PP PAGE 18 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 A. Drawings 1. Vicinity Map UT .~ ~ HiNDE BLVD ' 1, C-C ~~ JAYI R-8 R-1~ - TRILOG - R (REMAI S`) J _KER PHASE. 1 \ : ~R- 8 C- Y L-O i RU ~ E~G-(~-SPRIN R-8 S BAIN RI E D RU H U Y V OLTERRA ~ U g P O I LAS R-4 RR w Z -0 u ~ Z R KCREE -_ VOLTERRA SO TH L- I-L 0 SP ING NORTH _ 0 - I_: ~. f=~ - Exhibit A CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING •E OF OCTOBER 7, 2008 Exhibit A 2 2. Revised concept plan from the P&Z hearingdepicting proposed R-15 development CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 1 `//~-~~~ ~I I~,~' n -I ~~~G~~ --~-11-- -r v ( ) - ~ _ ? 1.~ ~ -~ _\\ Exhibit A 3 CITY OF IvIERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 3. Phasing Plan I 9 a i i I f G Exhibit A t} CITY OF MERIDIAN PLANNING DEP~TM•ENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 4. Preliminary Plat Exhibit A 5 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 5. Landscape Plan ffq .a3d~aa E888 p~ r.~ 313x33 31°rl rrrrrrrrr ~ s°c~• ii i • 'fifiM14fifi M1AFI. ww w 4q g~,~,~,. ~ Refa9e. yy `p [g [C p !' ~' Y Y s==. tTr-.~_ FJF N IQ e O ~ y3 J Q ~. _. ~. :~ ~da'J it 3~.! I~ 7 ~~ W ~ ~~: r ~ V 'A ~„. A ~ ~, ~ ,_ ~. 1 Exhibit A 6 ~~ ~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING. E OF OCTOBER 7, 2008 6. Elevations ~: d ~~~.~ ^ a gad .,~ _ r -~, ~~ ,f~ - ~ , ~.. / ~ °~~ a oy 't "''' -- '(.9 \ ~' anus+m ~.~ . ~ ~, ,. o ~ .~.~.; Tuck-Under Townhomes P ~ ~a _~J ~ ,y ~ : ~~yM~. -- ~. - as ~~ o,~~ ~~ !~!E 1011{I ~ { I ` ` ~ , ~ , l~i~l ~~ti~k"'!fu _ Single Family ._ ~~~ 3. _~_ _ ,_~ .~ _ _ ~:~.~._.~. _ _ ~ ,fie _ . _ _, ~ .:~ ~~ l ~~i = j ~'~.~. r` 111 ~,. ~ ~; h ~~ ~ ~_~~ta~ ,, r..~~, ~.~~. a .yd?~'3~ a "~~ _ ~ a o, ~'. StAi ~~O ~ =~ ° d a oa Exhibit A 7 - _ ' "y' Green Court +~~ ~ - 'R ~. u :~ ~n'-" ~_ ~ c.. - - ~t ~~4 ~~~~_ Exhibit A $ .- ~~~, CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARIIVG~TE OF OCTOBER 7, 2008 Crahsman Style au cei rersoecilve Exhibit A CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Exhibit A 1 Q Elevations for the proposed plat. Exhibit A 1 1 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARINO~TE OF OCTOBER 7,2008 ^~ ~ ~ ~. 4~' ' ~~, Exhibit A 12 ,~--a-- E,~} Exhibit A 13 CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING ~TE OF OCTOBER 7, 2008 CITY OF MERIDIAN PLANNING DEP7{ItTMENT STAFF REPORT FOR THE HEARING D?~TE OF OCTOBER 7, 2008 7. ACRD Letter ~~® e P~ ~ ~~ ~ April 29, 2008 Becky McKay Engineering Solutions 1'029 N..Rosario Street Meridian, Idaho 83642 ~~ e;- ,C D Subject: Oakcreek Subdivision Traffic Impact Study -Dear Becky, Carol A. MdCee, President Sherry R. Huber, 1° Vice President David. Bivens, 2"0 Vke. President )ohn 5, Franden, Commissioner Rebecca W. Amold, Commissioner Oistnct staffhas reviewed thetraffic impact study for the subject-development and have the follovring comments that needto'be addressed: 1. The, west'site access is only 700 feet east of McDermott Road and will not. be considered for a signal {ovation as suggested'in the traffic im,Pact study. The middle site, access at the'/: mite may be considered es a potential signal location. If necessary, the site plan should'be revised to shift more of the traffic to this middle access. 2: District. Policy and the City of .Meridian Comprehensive Plan encourage'/~ mile collectors: If dTD will approve a half mile collector intersection with US-20126 between. McDermott' and Black Gat the Disfnct must plan accordingly and this site should stub a mid mile collector to the north. 3. The. site plan should be fevised'to accommodate an east7west collector off Black Cat Road to help serge this site. The District can foresee problems with the local road connection to Black, Cat as it is currently planned. 4. The District has concerns .regarding the length of §ome of the straight local streets. Alternatives to the long straight stretches should be considered or other alternatives suggested to address the potential fortraffic calming requests in fhe future. 5. The District has concerns regarding the two intersectonsdocated in the curves off of the collector road. The design should address potential site distance constraints and acknowledge that landscaping in these areas may, be severely limfted. A small revision in the site Plan to relocate these .intersections could eliminate these concems. 6: The McMillan/Black Cat Intersection is an all=way stop and not atwo-way stop as analyzed'. 7. The District believes the TIS may ~be overestimating the traffic distribution on Black Cat and underestimating the distribution on McMillan east of Black. Cat. Please demonstrate how'the engineer determined the traffic distribution. .Ada County Highway Olstrict • 3775 Atlams Street • Garden'City, ID ~ 83714 ~ PH t2Q8) 387-6100. • FX.387-6393 ~ www.adrd.ada.iii;us :Exhibit A 14 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ,~ 8: The applicant and ACRD will .need: to work with ITD -and the City of Meridian to determine an appropriate right-of-way corridor to preserve along McDermott Road to not conflict with .future SM-16 eaten§ion plans. 9, The TIS should be updated and revised to reflecf .any changes to the trip distribution as a result of .addressing. the comments-above. It may be beneficial to schedule a meeting with ACRD and the City of Meridian to review any revisions tothe site layout before modifying the traffic impact study. If you have any questions you, may contact me of 367-6170. Sin~ceffre''ly, ~~ d~ 0 Gary Inselm//an Manager, Right-of-Way and Develgpmenf Services Cc: Cameron VNaite; URS Caleb Mood, City of Meridian Exhibit A 1 S CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 B. Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on February 21 2008, by Gregory G. Carter, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 12 months of City Council action. (The Planning Department required DA provisions are in Section 10 of the Staff Report.) Please be advised a $303.00 fee will required to process the development agreement. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-004) application and associated Development Agreement shall also be considered conditions of the Preliminary Plat .(PP-08-003). 1.2.2 Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.2.3 The landscape plan prepared by Jensen Belts Associates, on 12-17-07, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 10.03% (3.06 acres) of the site for useable open space, as proposed. The primary open space consists of a 1.39 area park centrally located in the neighborhood and includes play equipment, a picnic shelter and apathway. • The applicant shall construct a minimum 37-foot wide street buffer along the entire length of W. McMillan Road (an arterial street) and a 35-foot wide street buffer N. Black Cat Road, exclusive of ACRD right-of--way required for the ultimate street section, as proposed. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. • Landscaping adjacent to all pathways shall be designed in accordance with UDC 11- 3B-12. • Depict fencing adjacent to micro-paths in accordance with the standards listed in UDC 11-3A-7. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. , • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. • Provide fencing along the common lots 1, Block 12, Lots 14 and 16, Block 10 and lots 1, 23 and 25, Block 13 per UDC 11-3A-7A-7.A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping and amenities 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 application(s). 1.2.4 The applicant shall provide four stub streets to adjacent properties as proposed and listed below: • W. Quintale Street stubs to the property to the west. • N. Oakstone Avenue stubs to the property to the south • W. Torana Court stubs to the Ada County parcel in the southeast corner. • The partial cul-de-sac that connects W. Los Flores Street and N. Maplestone Way stubs to the parcel in the northeast corner. 1.2.5 If permanent fencing is not proposed .along the perimeter boundary of the subdivision, the applicant is required to construct temporary fencing to contain debris during construction prior to issuance of any building permits on the site. The developer is required to construct fencing adjacent to micro-paths in accordance with the standards listed in UDC 11-3A-7. 1.2.6 Any existing building(s) shall be removed, prior to signature of the final plat by the City Engineer. 1.2.7 Maintenance of all common areas shall be the responsibility of the Oak Creek Home Owners' Association. 1.2.8 Per iIDC 11-3A-6, all irrigation ditches, laterals or canals (except for Settlers Canal), exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. 1.2.11 Except for N. Oakstone Avenue to McMillan Road and W. Quintale to Black Cat Road, access to McMi-flan Road and Black Cat are prohibited; a note shall be added to the face of the final plat. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All storrnwater 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 i7DC 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 Exhibit B - 2 - CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING D7~tTE OF OCTOBER 7, 2008 developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.0 The applicant shall be responsible for all costs associated with the required interim lift station and pressure sewer line. The stations design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. At completion of construction, the station will be donated to the City of Meridian who will own and maintain the lift station. The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. No discharge from the station will be allowed until all plant upgrades are complete to the City of Meridian Waste Water Treatment Plant. The approval to except discharge must be approved by the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department. Approved upgrades to the purposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant. 2.1 The applicant will be responsible for all costs associated with the on-site sewer and water main extension. 2.2 Water service to this site is being proposed via extension of mains in N Black Cat Road and McMillan Road. The applicant shall be responsible for the installation of 12-inch diameter water mains to and through this developments arterial frontage. Also a 12-inch diameter connection shall be made in Black Cat Road to the north east portion of the project prior to the start of phase six construction. Due to fire flow requirements the applicant will need to construct a 12-inch diameter main from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12-inch diameter main currently being installed with the Ten Mile & McMillan intersection widening project. This connection will need to be installed before phase six of the applicant's plan, and may be eligible for partial reimbursement. If the 12-inch water main from Ten Mile & McMillan is installed by another developer prior to phase six construction the applicant will not be responsible to participate in construction of the required main extension. 2.3 Prior to phase five the applicant shall provide a domestic well site North of McMillan Road to support water demand needs to the purposed subdivision and surrounding areas. This well site will be owned and maintained by the City of Meridian. Contact the Public Works Department for size and any alternate locations. 2.4 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.5 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 agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. Exhibit B - 3 - CITY OF MERIDIAN PLANNING DEP~tTMBNT STAFF REPORT FOR THE HEARING~TE OF OCTOBER 7, 2008 2.6 The applicant we be responsible to construct a 10 (ten) inch AWWA C900 PVC purple reuse main with 14 gauge insulated wire that will be attached to the pipe for locating purposes. The construction will start from the City of Meridian treatment plant continuing northwest along the Five Mile Creek ending in the Southwest corner of the purposed subdivision. A1.1 infrastructures on-site and off-site must be constructed with approved purple pipe. With the required construction of this main the applicant shall be eligible to enter into a structured reimbursement agreement with the City of Meridian. Reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe). The detailed agreement with the reimbursable amount shal'1 be approved by City Council prior to development plan approval. 2.7 All existing structures that are required to be removed in each phase shall be prior to signature on the final plat by the City Engineer for that phase. 2.8 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. 2.9 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. 2.10 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. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded in each phase, prior to applying for building permits for that phase. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc in each phase prior to signature on the final plat for that phase. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized imgation and landscaping shall be installed and approved in each phase prior to obtaining certificates of occupancy for that phase. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2,15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Aet. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Arrny Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 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. Exhibit B - 4 - CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 2.20 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. 2.21 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall-under the jurisdiction of an imgation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required for each phase before a certificate of occupancy is issued for any structures within that phase of the project. 2.22 At the completion of each phase 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 that phase of the project. 2.23 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 'h" 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 entrance .and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 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 To increase emergency access to the site a minimum of two points. of access will be required for any portion ' of the development, which serves more than 50 homes. The two entrances should be separated by no less than %2 the diagonal measurement of the full development. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. Exhibit B _ 5 _ CITY OF MERIDIAN PLANNING DETMENT STAFF REPORT FOR THE HEARING ISATE OF OCTOBER 7, 2008 3.9 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. 3.10 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 born by the developer. 3.11 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. 3.12 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3..13 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.14 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 The fire department is opposed to any landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning around on the end of the court. 4. Police Department 4.1 The proposed pathway located on Lot, Block 6 shall have 4-foot shielded bollard lighting along the entire length. 5. Parks Department 5.1 The Parks Department provided no comments on this application. 6. Sanitary Service Company 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. Ada County ]highway District 7.1 Dedicate 48-feet ofright-of--way from the centerline of Black Cat Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building pernut (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of-way from available Corridor Preservation Funds. Exhibit B _ 6 _ CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 OR Dedicate 38-feet ofright-of--way from the centerline of Black Cat Road abutting the parcel and provide an easement to contain any sidewalk improvements that lie outside the dedicated right-of- way. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of way from available Corridor Preservation Funds. 7.2 Construct a detached concrete sidewalk, a rninirnum of 5-feet wide, no closer than 41-feet from the centerline of Black Cat Road abutting the parcel. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.3 Construct a center turn lane on Black Cat Road at the intersection with W. Quintale Street. Coordinate the design and location of the turn lane with District Traffic Services and Development Review staff. 7.4 Dedicate 35-feet ofright-of--way from the centerline of W. McMillan Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.5 Construct a detached concrete sidewalk, a minimum of 5-feet wide, no closer than 28-feet from the centerline of McMillan Road abutting the parcel. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.6 Construct a center turn lane on McMillan Road at the intersection with N. Oakstone Avenue. Coordinate the design and location of the turn lane with District Traffic Services and Development Review staff. 7.7 Construct W. Quintale Street to intersect N. Black Cat Road approximately 410-feet south of the Black Cat/McMillan intersection (measured near edge to near edge). 7.8 Construct N. Oakstone Avenue to intersect W. McMillan Road approximately 600-feet west of the Black Cat/McMillan intersection (measured near edge to near edge). 7.9 Construct all internal streets as 36-foot street sections (back-of--curb to back-of--curb) with rolled curb, gutter, and 5-foot detached concrete sidewalks on both sides. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.10 Construct vertical curb on W. Quintale Street and N. Oakstone Avenue at the access points where no front on housing is proposed. 7.11 Construct all raised medians a minimum of 4-feet wide with vertical curb. Comply with District Tree Planter policy for any medians that will contain trees. 7.12 Construct a two cul-de-sac turnaround at either end of W. Torano Court with a minimum 45-foot outside turn radius, as proposed. 7.13 Construct the following stub streets as the internal street section (36-foot with curb, gutter, and sidewalk), with signage at the terminus stating: "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Exhibit B - 7 - CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF OCTOBER 7, 2008 • The first stub, W. Quintale Street located approximately 370-feet south of the north property line (measured near edge to property line). • The second stub, N. Oakstone Avenue located approximately 400-feet west of the east property line (measured near edge to property line). • The third stub, W. Torana Court located approximately 125-feet north of the south property line (measured near edge to property line). 7.14 Design and construct the full crossing of the Settlers Canal with the construction of Oakstone Avenue. Submit the bridge plans for the crossing of the Settlers Canal for review and approval prior to the pre-construction meeting and plat approval. Coordinate the design of the canal crossing with District Development Review staff. 7.15 Direct lot access to Black Cat Road and McMillan Road is prohibited and shall be noted on the final plat. 7.16 Comply with al'1 Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2..2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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 nurnbers) for details. 7.2.7 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of~the applicant to verify all existing utilities .within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B - 8 - CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 7.2.12 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. 7.2.13 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 tune the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho. Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Settler's Canal (50-foot easement), Cantrell Lateral (20- foot easement), Lane Lateral (20-foot easement) and the Allen Lateral (30-foot easement). 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers' Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water from the current delivery point. Exhibit B _ 9 _ CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF OCTOBER 7, 2008 C. Legal Description y ~.~ l DAH p , 1450 ast VYaCerzovrer.Sc Sui:c f50 SU RVCY - ! Noridian, larJlo fi3G42 GROUP Pho„e tzoel ea~.es~o Fax (208) 884-5399. December 13,, 2007 DESCRIPTION fOR ANNEXATI:O.N OAK CREEK SUBDIVISION A parcel of land located in the NE '/° of the NE'/ and the N1N '/< of the NUV'/ of Section 33, the S '/2 of the'NE '/ and "the S ;'h of Section 28, all loca_.ted in. T. 4N„ R.1 W„ B,M., Ada County, ldaho'.more particularly described as follows: Commencing at the Northeast comer of the said Section 33 from which the..East '/° corner of said Section 33 bears South 00°27'22" West, 2631.60 feet; thence along the East boundary of said Section 33 South 00°2722" West, 169.00 feet to the REAL POINT OF f3EGINNlNG; thence continuing along said €ast boundary South 00°27'22" West, 626:39 feet; thence,leaving said fast boundary fipe South 89°08'23" West, 246.54 feet; thence. South 46°37'22" West, 3b8.30' feet; "thence North 89°30'26" West, 4038.4Q feet to a point on the West boundary line of the NE'/4 of the. NE'/< of said Section 33; thence along-said West boundary line North DO°28'25" East, 1113.00 feet to the E1%1'6 corner of said. Section 33; thence along; the north boundary line said Section 33 North 89°16'45" West; 1.3'1'7.6:8 feet to the N '/ comer of said Section 33; thence along said'North boundary line North 89°16'49" West, 13'17:62 ,feet-fo the W 1/16 corner of said Section 33; , thence along the East boon. dary line of the NW '/ of the NW '/ of said Section 33 South ~q0.°31'02° West; 131.6:64 feet to the'NW 1/16 corner of said Section 33; thence along the South.boundary, line of the N1N~'/ of the NW '/ of said S.eetion 33' :North 89°17"19" West, 89:91 feet; thence leaving said South boundary.line North 76°42'2'1° West, Y259.37 feet to a point on the. West boundary of said. Section 33; thence along said Chest boundary line North 00°32'39" East,. 1042.47 feet to the northwest :copier ofSection 33; 1 • ; y Exhibit C CITY OF MERIDIAN PLANNING I)EP~TMENT STAFF REPORT FOR THE HEARING•E OF OCTOBER 7; 2008 <^~. -1 thence along the West boundary line of said Section 28 North 09 °00'42"'East, 1315.38 feet to the S 1/16 corner of said Section. 28; thence along. the North boundary line of the SW '/a of the SW '/ of said Section 33 South 89°1'8'59" East, 4'50..00 feet; thence leaving said'North boundary line North 01°00'42" East, 774.71 feet; thence North 89°21'17" West, 450.00 feet to a point on the West boundary said Section 28; thence along said West boundary line- North 01°00'42" East, 540'.97 feet to the W "/< corner of said Section 28; thence along the North boundary of said S1N Y South 89°21'17" East, 1311.1 t feet to the C-W 1/16 corner of said Section 28; thence along the East .boundary line. of.the NW '/ of the SW '/ of said- Section 28 South 00°,52'12"West, 16.99 feet; thence leaving said East boundary line South 89°14'34" East, 789.50 feet; thence North 64'°03'54" East, 27.64 feet; thence South $6°.53'.48" East, 1139.53 feet;. thence North 89'14'51"' East;. 20.04 feet; thence 'South 70°2T50" East, 25.64 feet; thence Sou#h 81'°Ol?'03" East, 36:69 feet; thence South 88°50'13" East, 85,57 feet; thence. South 86°14'58" East; 63.62 feet; thence North 89°1:8'37".East, 45:49 feet; thence South 78'OZ'47" East, 19.68 feet;. thence North 53°05'44" East, 16.53.feet to a point on the East boundary line of the: S1N'/e of said Section 28; thence- along said East boundary line North 00°43'42" East, 24.35 feet to the C '/< corner of said Section 28; thence along. the West, boundary' line of the NE '/< of said Section 28 North '00°43'58" East, 625.84 feet; Exhibit C - 2 - CITY OF MERIDIAN PLANNING DEP~4iTMENT STAFF REPORT FOR THE HEARING D~.TE OF OCTOBER 7, 2008 ., thence South 77°58`14'' l=ast, 1338;14: feet to a point 6n fhe East Bounaary ling ofihe SW '% of the NE '/< of said Section 28: r thence along said East boundary line North 00°36'34" East, .293.64 feet; thence South 89°31'36" East, 175.03 feet; thence South 00°28'24" West, 230:OQ feet; thence South '89°31'3.ti" East, 1136.30 feet to ,a point on the .East boundary line of ' said. Section 28, said' point also being on the existing Meridian City Limits boundary; ; thence along said East boundary line and said City Limits boundary South ~0°29'02" West, 214,51 feet; ' thence leaping said East boundary line North 89°20'59" West, 1312.34 feet to a .point of the. West boundary of the SE ^% of the NE'/< of said Section 28; tFience along said West boundary line South 00°:36'34." West, 215.00 feet to the C-E 1/16 corner of said Section 28; thence along the East boundary of the 1N'/z of the SE'/<.of said, Section 28 South QO°3T35" 1Nest, 2635.75 feet to the E 1 /16 corner of said Section 28; thence along the South boundary of said Section 28 .South 89'16'4:5" East, 1:059:0:8 feet; thence leaving said South boundary line South 00°2722" West,.169.00 feet; thence South 89°16''45° East, 258.60 feet to the REA_ L POINT' Of BEGINNING. Containing 348.75 acres, more or less. yp~. ~\ 4 ., oa . ~ z1~° ~~~\oaKSO~Qtc vao Exhibit C - 3 - CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING D~tTE OF OCTOBER 7, 2008 ~~ _y ~ F ~'~ IDAHO ~ . '' ~ `:l SURVEY •d GROUP ~'~~i 1950 EaseYdateKOivei $c Suhe 15tJ Meridl,~n, Idaho 63642 Phone (208)846.8570. Faz'(208) 884-5399 December 13, 2007 DESCRIPTION FOR OAK CREEK SUBDIVISION A .parcel of land located in the NE '/< of the NE '/ of Section 33, T. '4N., R.11N., B.M., Ada County, Idaho more Particularly described as follows: Commencing at the Northeast corner of the said Section 33' from which the .East '/° .comer of said Section 33 bears South 00°2.7'22" West, 2631,.60 feet; thence along the East boundary of said Section 33 South 00'27'22" 1Nest, 169.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary Sotath 00°2T22" West., 626.39 feet; thence leaving said East boundary line South 89°Q8'23" West, 246.54 feet; thence South 06°37'22" West, 308.30 feet; thence North 89°30'26" West, 1038.40 feet to a point on the West biiuodary line of the NE Y4 of the NE'% of said Section 33; thence along said West boundary line North OQ°28'25" East, 1113:00 feet to the E1/16 corner of said' Section33; thence along. the North boundary of said Section 33 South 89°16'45" East, 10.59.08 feet; thence leaving said South boundary. line South 00°27'22" West, 1:69.00 feet; thence South 89°16'45" East, 258:.60 feet to the REAL POINT OF BEGINNING. Containing 3Q,72 acres, more or less. ~~~p~VA~ REV1, C=/ gY; ~8 2,2 2008 M WORKS 0 PS1G Exhibit C - 4 - CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ~ t~ January 25, 2008 DESCRIPTION FOR R-15 ZONE PROPOSED OAKCREEiK SUBDIVISION Parcels of land ocated. in the NVV'/, of the NW '/4 of Section 33 and in the SW'/< of Section 2;8; T. 4N., R.1 W., B.M., Ada County, Idaho more particularly .describedas.follows: P,ARCEi A Commencing. at the Southwest corner of the said Section 28, from which the South '/< corner of said Section 28 bears South 89°16'49" East, 2635.24 feet; thence along, the South boundary tine of the said Section 28 South 89°'16'4'9" East, 710:22 feet to the REAL POINT OF BEGINNING; fhence North 01°00'23".East, 867.66 feet; thence .South 89°17'44" East, 1920.93 feet; thence South 00°44'11" West, 868.16 feet to a point on the South boundary line of the said Section 28; thence along said South boundary line North 89'16'49" West, 1925.:02 feet to the REAL POINT OF BEGINNING. Containing 38.31 acres, more or less. 'PARCEL B BEGINNING at the Northwest corner of the said Section .33, from which the North Y< corner of said Section 33 bears South 89°16'49" East, 2635 24 feet; thence along the North- boundary line of the said Section33 South 89°16'49" East., 710.22 feef; thence South 00°43'11" West, 1513.47 feet to a ,Point of curvature;. thence 133.96 feet along the arc of a curve to-the .left, said curve having a radius of 900.00 feet, a delta angle of 08°31'41 ", and a long chord bearing South 03°32'4'0" East, 133.84 feet to a .point of reverse curvature; thence. 174.94 feet along the arc of a curve fo the right, said curve having a radius of 1`200:00 feet, a delta angle of 08°21'09'', and a long chord bearing South 03°3756" East, 174.78 feet to a point of tangency; thence South 00°32`39" West, 376.24 feet to a point, of curvature:; thence 7$.28 feet along the arc of a curve to the right, said curve'having a radius of 4OQ.Oq feet, a delta angle of 1 f°12'45", and a long chord bearing South 06'09'0:1'° West, 7:8.15 feet to a Point of tangency; 60307/60307-R15:DOG Exhibit C < 5 - CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 /~, ~. y thence Soutti 11 °~~'24' West, 277:00 feet; thence North 76°42'21" West, 687.45 feet to a. point on the West boundary line of the said Section 33; whence along said West boundary line North 0°32'39" East, 1042.47 feet to the REAL POINT OF BEGINNING. Containing 18.51 acres, more or less. Total proposed R-15 area-contains 56.$2 acres,. more or less. 111E ~~(P~VAI. BY __ ~~ 22 ~0~ M~vRO~~S pERTtG 60307/60.1 07-R 1S:I)OC Exhibit C - 6 - CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF OCTOBER 7, 2008 January 25. 20~~8 DESCRIPTION FOR R-8 ZONE PROPOSEIJ O'AKGREfiK SUBDII/ISION Parcels of land located in the NE'/ of the NE'/< antl in the NV1!'La of the NW'/a of Section 33 and in the S'/z of Section 28, T. 4N., R,1 W., B.M,, Ada County, Idaho more particularly described as follows: PARCEL A Commencing at the Northeast corner of the said Section 33, from which the East'/° corner of said Section 33 bears South 00°2722" West, 2631.60 feet; thence .along the East boundary line of said Section 3'3 South 00°27'22" West., 16.9.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary line South 00°27'22" West, 626.39 feet; thence leaving, said East boundary line South 89°08'23" West, 246.54 feet; thence South 06°37'22" West, 308.30 feet; thence North 89°30'26" West, 1038.4.0 feet to a point do the West boundary line of the NE'/° of the NE'/ of said Section 33; thence along said West boundary line North 00°28'25" East, 1113.00 feet to the E1/16 corner of said Section 33:;. thence along the North boundary, line of said Section 33 South $9°16'45" East, 1059.08 feet; thence lea.uing said South boundary line South 00°27'22" West, 16.9:00 feet; thence South 89°'1:6'45" East, 258.60 feet to the REAL POINT O.F BEGINNING. Containing 30.72 acres, more or less: PARCEL B Commencing at the Southeast corner of the said Section 28, from which the South'/< corner ofi said Section 28'bears North. 89°1'6'45" West, 2635.86 feet; thence along the South .boundary line of said. Section 28 North 89°16'45" West, 1317.68 feet to the REAL POINT OF BEGINNING; thence continuing along. said South boundary line North 89°'16'45'' West, 131'7.68. feet; thence leaving said South'boundary line North 00°44'11" East, 868.16 feet; thence North 89°17'44" West, 1920.:93 feet; 60307/60307-R8.DOC Exhibit C - 7 - CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 ~.a thence South 01'00'23'" NJest; 8~;7.56 feel: to a .point on the South -aoundary lint o.f said Section 28; thence along said South boundary line No. rth 89'16'4,9" West, 710,22 feet to the Southwest corner of said Section. 28; thence along, the West boundary line of said' Section 28 North 01°00'42" East, 1315.3'$ feet; thence South 89°18'59" East,, 4:50.0.0 #eet; thence North 01°00'.42" East, 774.71 feet; thence North 89°2.1'17" West, 450::00 feet'to a point on the West boundary line of the said Section. 28; #hence along said West boundary line North 01°00'42" East, 54.0.97 feet; thence South 89°21 "17`' .East,. 1311.14 feet; thence South 00'52'12" West, 16.99 feet; thence South 89°44'34" East,. 355..95 feet; f thence South 01°00'23"`West:,, 1140:07 feet; thence South 88°5,9'37" East, 463.31 feet.to a .point of curvature; , tfience 233.82 feet along the are of a curve to the right, said curve having ~a radius of 500.:00 feet, a de to angle of 26°47'37", and' a Gong chord bearing South 75°35'49" East, 231.69 feet. to a point of tangency; - { thence North 27°48'00" East, 329.66 feet to a point of curvature; j thence 250..0.7 feet along the arc of a curve to the right, said curve having a radius of ~ 600.00 feet, a delta angle of 23°52'46", and a .long chord bearing North 39°44'23" East, 248.26 ~ feet to a point of,reverse curvature; thence 141.29 feet along the arc of a curve to the left, said curve having a radius of ~ .300..00 feet, a delta angle of 26°59'04", and a Tong chord. bearing North 38°11'14" East, 139.99 feet; 1 i thence South 65°18'18" East, 55.00 feet; ~ ~ thence South 89°18'1.5"East, 263,21 feet; thence South 84'07'4Q",East, 162,61 feet; thence South 77°5,8'14' East, 80.:00 feet; I 60307/60307-R8.DQC ~ Exhibit C - 8 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING~TE OF OCTOBER 7, 2008 thence South. 12°01'41;" West,. 50,,2:3 feef;. thence South 24°QO'23" East, 108,06 feet; thence. South 1'4'24'06" E-ast, 111.19 feet;. thence South 89°16'1.5" East, 407.24 feet; fhence North 00°3'7'35" East, 1 Y.16 feet; thence. South 89°22'25" East, 170.00 feet; thence South 00°37'35' West; 171.9.49 feet to the REAL POINT OF BEGINNING. Containing 1'44.02 acres, more or less. PARCEL G Commencing at the Northwest corner of the said Section 33, from which the North '/< corner of said Section 33 bears South t39°96'49"'East, 263b.24 feet; thence along the North boundary-line of said Section 33 South 89°16'49" East, 710,22.feet to the REAL POINT OF BEGINNING'; thence continuing along said North boundary line South 89°16'49" East, 607.40 feet; thence South. 00°3.1'02" West, 1316.64 feet; thence North 89°1.T19" West, 89.91 feet; thence North 76°42'21-" West, 571.92 feet; thence North 11 °45`24" East, 277.00 feet to a point of curvature'; thence 78.28 feet along the arc of a curve.to the I"eft, said curve having a radius of 400..00 feet, a delta angle of 1~1°12'45", and a Tong chord bearing North Q6°09'01"East, 78.15 feet ~to a point of tangency; thence North 00°32'39" East, 376.24 feet to a point of curvature; thence 124.94 feet along the arc of a. curve to the ieft, said cprve'having a radius of 1.200:00 feet, a delta angle of 08'21'09", .and a long, chord beating North 03°37'56" West,. 174..78 feet to a point of reverse cun/ature; thence ti33.96 feet along. the are of a curve to'the right, said curve having a radius of 900.00 feet; a delta angle of 08°31°41 ", and :a long, chord bearing North 03°32'40" West, 9 33.84 fleet; ~. thence North 00°4:3'11' East, 158.47 feet to the REAL I F BEG Containing 17.46 acres, more or less. BY w e vAL Total proposed R-8 area contains 192,20 acres., more or lest Z 22008 6010.7/60307-R8.DOC MERIDIAN RUBL.IC WORKS.OEPT. Exhibit C - 9 - CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 December 2Q, 20Q7 Revised February 21, .2008 DESCRIPTION F.OR R-4 ZONE :PROPOSED OAKG:REEK SUBDIVISION A parcel of land loeafed in. the NE'/< and the Sou#h '!: of Section 28, T. 4N., R.11N., $,M., Ada County, Idaho more particularly described as follows: Commencing at the Southeast corner of the :said Section 28 from which the South '/° corner of said Section 28 bears North 89°16'45" West, 2635.36 feet; thence along the South boundary of the said Section 28 North 89°16'45° West, 1317.68 feet; thence North. 00°3T35" East, 1719,49 feet to the REAL POINT OF BEGINNING; thence North 89°22'25" West, 1.70:00 feet; thence South 00°3T35" West, 11.16 feet; thence North 89°16'15" West, 407.24 feet; thence North 14°24'06" West, 111.19 feet; thence Nortfi 24°00'23" West, 108.06 feet; thence North_ 12°01'46" East, 50,23 feet; thence North 77°58'14'" West, 80:00 feet; thence North 84°0T40" West, 462.t'1 feet; thence .North 89°1li'15" West, 263:21 feet; thence North 85°18'18'' West,. 55:00 feet to a point on a curve; thence 1.41.29 feet along the are of a curve to the right, said curve having a' radius of .300.0:0 feet, 'a delta angle of 26°59'04", and' a long. chord bearing South 38°11'14" West, 139.99. feet to a point of reverse curvature; thence 250:.07 feet along .the arc of a curve to the left, said curve having a radius of 600.00 feet, a delta angle of 23°52'46", and a long .chord bearing South 39°44'23" West, 248.26 feet to a.point of tangency; thence South 27°48'00" West, 329..66 feet to a point on a curve; thence 233.82 feet along the arc.of a curve fo the left, said curve having a radius of 500.00 feet,. a delta. angle` of 26°47'37", aqd a long chord, bearing North 75°35'49"' West, .231.69 feet to .a _point of tangency;. thence North 88°59'37" West, 463.31 feet;. 603 0 7/6 03 07-R4:D.OC Exhibit C - ] 0 - CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ~ ~~ thence North 01°00'23" .East; 1 fi4:0.07 feet; thence South 89°14'-34"' East, 43;3:55 feet; thence North 64.°03'54" East; 27.64 feet; thence South 86°53'4'8" East,. 1'89.53 feet; thence North :89°14'51" East, 20.04 feet;. thence South 70°27'50" East, 25.64 feet; thence South 81°.00'03" East, 36.69 feet; thence South.88°,5.0'13° East, 85.57 feet; thence South 86'14'.58" East, 63:62 feet; thence North 89°18`37" East, 45.49 feet; thence South 78°g7'47" East, T9.68 feet; thence North 53°05'44" East, 16..53 feet to a point on the North-South centerline of said Section 28; thence along said North-South centerline North 00°43'42" East, 24..35 feet to the C1l4 corner of said Section 28; thence continuing along said North-South' centerline North 00°43'58" East, 625.'84 feet; thence leaving said North-.South centerline South 77°58'14" East, 1338.14 feet; thence North 00°36'34" East, 293..64 feet; thence South 89°31'3.6" East, 175.03 feet;. thence South QO°28'24" West, 230:0,0 feet; thence South 89°31'36" East, 1136>3.0 feet to a point on the East boundary of the said Section 28; thence: along said East boundary South 00°29'02" West,. 214.51 feet; thence North 89°20'59" West, 1312.34 feet; thence South 00°36.'34" West, 215.00 feet; 6030Zl6030.7;R4.DOC Exhibit C CITY OF MERIDIAN PLANNING DEP~TM'ENT STAFF REPORT FOR THE HEARING ~E OF OCTOBER 7, 2008 r`' ~ ~ w thence South 00°'37'35" West, 91626 feet to the REAL POINT OF BEGINNING. Containing 69..72 acres, more or less. ~REVI~ ~Arr~VAL BK~ FEa 2 2 Zooa ~ WORKS DEPT G i 603 07/60:1 07-R4:f90C Exhibit C _ 12 _ CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING ~E OF OCTOBER 7, 2008 asouRTas SY3UV 'JNINOZ 0350th 9NIN~NI9N~ BH~o 3H.L ~ u Ft~p ~ ~ ma ,~nCC6~: `"~ a0 b '...... ~`° 2 yr Ii~39~~ a c.~ a~ '~aoo9?! ~ w3' _ e ~ Exhibit C _ 13 _ CITY OF MERIDIAN PLANNING DEP~TM'ENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 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 the subject property to the R-4, R-8 and R-15 zoning districts. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan (see Section 8 above). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that proposed 30 acre Preliminary Plat would comply with the established regulations and purpose statement of the R-8 zoning district. A revised concept plan has been submitted generally depicting how the site is to develop attached in Exhibit A above. The applicant is also proposing an interim lift station to provide sewer services for the portion of the development outside of the Black Cat Sewer Shed. If the applicant complies with the provisions outlined in the development agreement with the Annexation request and the conditions of approval for the preliminary plat, the Council finds that the proposed residential districts will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the residential zoning districts. b Y Y ~#Pt~tuwr'1i cAI1f14tnYn~7nn rnncictra~ •~~. Iti r '1 r ~{. D 1 G a C. The map amendment shall not be materially detrimenta'1 to the public health, safety, and welfare; The Council fmds 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 fmding. 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 Council fmds 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 (LTDC 11-SB-3.E). The overall density proposed in the R-4, R-8 and R-15 districts generally complies with the anticipated density for this area (see Section 8 of the staff report for more information). In accordance with the findings listed above, the Council ~ finds that Annexation and Zoning of this property to R-4, R-S and R-15 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. 2. Preliminary Plat Findings: Exhibit D CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed 30 acre prelinnary plat is in substantial compliance with the adopted Comprehensive Plan, if the subject lands are annexed. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available to accommodate the 30 acre preliminary plat proposed for development. 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 cost, the 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, ACl-ID, etc.) to determine this fmding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety .issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to deternne 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. The 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 _ 2 _ J' i i ~ • October 24, 2008 PP 08-003 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Norpac, LLC ITEM NO. 5°B REQUEST Findings for Approval -- Request for Preliminary Plat approval of 139 lots including 118 residential lots 8~ 21 common lots on 30.72 acres in proposed R-8 zone for Oakcreek -- e/o N. McDermott, w/o N. Black Cat, s/o Chinden & n/o Ustick AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See ctfached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: y-~~ (/~ ~ l V~ 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: fNTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. CITY OF MERIDIAN (/ Y L E IDIAN~" FINDINGS OF FACT, CONCLUSIONS ~ D A H O OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 318.74 Acres from Ada County RUT to R-4 (Medium-low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres). and R-15 (Medium-high Density Residential) (56.82) and Preliminary Plat on 30.72 Acres Consisting of 139 Lots including 118 Residential Lots and 21 Common Lots in a proposed R-8 Zoning District for Oak Creek Subdivision, by Norpac, LLC Case No(s). AZ-08-004 and PP-08-003 For the City Council Hearing Date of: October 7, 2008 (Findings on the October 28, 2008 City Council agenda) A. Findings of Fact 1. Hearing. Facts (see attached Staff Report for the hearing date of October 7, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 7, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 7, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 7, 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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -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. 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, Concept Plan, Development Agreement and the Conditions of Approval all in the attached Staff Report for the hearing date of October 7, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal descriptions and exhibit map, stamped and dated February 21, 2008 by Gregory G. Carter, 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 October 7, 2008, incorporated by reference. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, dated 1/25/08, is hereby conditionally approved; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 7, 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-08-004 and PP-08-003 -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, maybe 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 tune extensions up to eighteen (18) months as determined and approved by the City Council maybe 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. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 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 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 maybe 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 maybe adversely affected by the issuance or denial of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -3- -~J • the conditional use perrrlt 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 October 7, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -4- • • By action of the City Council at its regular meeting held on the ~ r~day of ~~~~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED~G~ COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Ma~or Ta Attest: ~,.~``~.~ OF. ~ERa0~,9'~e ~` ~. ~ VOTED ~/QA VOTED VOTED ~,/,~.~ VOTED Weerd ~C+ TF ~ ~ Jayce olman, City Cle~c y o~' ~°~ e. ~. Copy served upon Applicant,~'~k}~~I`~ ~I~~~hrhnent, Public Works Department and City u~,r,,n ri~~~~ Attorney. By: Dated: ~ ~ ' ~~~ Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW .AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 STAFF REPORT Hearing Date: October 7, 2008 TO: Mayor and City Council FROM: Bill Parsons Associate City Planner 208-884-5533 E IDIAN~--. I'DAHO' SUBJECT: Oak Creek • AZ-08-004 Annexation and Zoning of 318.74 acres from Ada County RUT to R-4 (Medium-low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres) and R-15 (Medium-high Density Residential) (56.82) by Norpac, LLC • PP-08-003 Preliminary Plat on 30.72 acres into 1391ots including 118 residential lots and 21 common lots in a proposed R-8 zoning district NOTE: This project has been continued from the June S, 2008 Planning and Zoning Commission meeting. The reason for the long continuance was so the applicant could have the time to address staff s concerns regarding a detailed concept plan for the entire 3I8 acres, the serviceability of the proposed development and the Highway 16 alignment study. Further, the applicant has provided Public Works with the pertinent information for the construction of a temporary lift station to accommodate sewer concerns for the additional acreage that is located outside of the current Black Cat sewer shed. The applicant also wanted an opportunity to address concerns raised in the staff report and has proposed DA provisions that should be tied to this AZ request, if the site is approved for annexation. Staff has updated the staff .report and is now recommending approval, not denial. Staff has provided additional analysis of the revised concept plan, added conditions of approval for the preliminary plat and inserted the applicable DA provisions below ' 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Norpac, LLC, has applied for Annexation and Zoning (AZ) approval of 318.74 acres of land from the RUT zoning district in Ada County to the R-4 (Medium-low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres) and R-15 (Medium-high Residential) (56.82 acres) zoning districts. Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of 139 lots consisting of 118 residential lots and 21 common lots on 30.72 acres. NOTE: The 30 acre plat is included in the 318 acres the applicant is requestingfor annexation. At this time the applicant is only proposing to develop (plat) a 30 acre parcel located near the southwest corner of McMillan Road and Black Cat Road because city services are available to that parcel with the expansion of the Black Cat trunk. The remainder of the property proposed for annexation only (288 acres) is expected to develop in the future, as there are no city services available for the subject site until the Can-Ada lift station is constructed. (NOTE: Public Works has master planned sewer services in the area however; the funding and timing for the construction of the Can Ada lift station has not been determined.) Currently, .ITD is conducting the Highway 16 alignment study and associated environmental review to determine the location and right-of way acquisition for the future construction of Highway 16. Portions of this site may be needed for right-of--way for the Highway 16 expansion. Further Oak Creek AZ PP PAGE 1 • ~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 development of 288 acres will be subject to the availability of city services and the completion of the Highway 16 alignment study. (NOTE: The alignment study is expected to be concluded by the end of 2009 and the public hearing to act on the draft environmental review is scheduled for February 2009.) Due to the tinning constraints of not having sewer service available and not knowing where or how much right-of--way will be needed for Highway 16, the applicant is only proposing a conceptual1 plan for how the site is expected to develop in the future. The subject site is expected to develop as a mixed use residential master planned community. The applicant is proposing three different neighborhood plans and zoning districts to provide communities for all income ranges. Each community proposes a range of product types (single family detached, town homes, ally loaded, single family attached and multi-fanuly) and densities associated with them. On the concept plan, the traditional single family neighborhood offers 215 home sites and consists of 69 acres, zoned R-4; the Mixed Density Single Family Neighborhood offers 1,000 home sites on 192.22 acres zoned R-8; and the Mixed Density area consists of 56.82 acres, zoned R-15. The project and conceptual plan will be further discussed in Section 10. The subject site is located generally east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard and north of Ustick Road including the southeast and northeast corners of W. McMillan Road and N. McDermott Road; and near the southwest corner of W. McMillan Road and N. Black Cat Road, in Sections 28 and 33, T.4N., R.1W. The subject property is currently within the City's Impact Area. 2. SUNIMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and a recommendation for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Oak Creek development (AZ-08-004 and PP-08-003) based on the Analysis and Findings of Fact as listed in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 5, 2008 and August 21 2008 At the August 21 2008 public hearing the Commission voted to recommend approval of the subject AZ and PP request a. Summary of Commission Public Hearing• i. In favor: Becky McKay Thomas Coleman Tom Coleman ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Huebschmann in opposition of the proiect Walt Morrow in favor of the proiect, Kevin Howell regarding sewering his property as part of the interim hft station. v. Staff .presenting application: Bill Parsons vi. Other staff commenting on applicaNon• Scott Steckline b. Key Issue(s) of Discussion by Commission• i. The Highway 16 alignment study occurring in the area and restricting access to McDermott. Road until the study is completed ii. The interim lift station the applicant is proposing to construct to develop the remaining 288 acres. In particular the Commission discussed the capacity of the current wastewater treatment plant and the potential to upgrade the interim lift station for future properties that may request annexation if this site was approved iii. The Commission wanted further clarification from the applicant regarding the Five Mile Creek restoration proiect which the applicant has agreed to participate in iv. The use of reclaimed water for the northern portion of the proposed development Oak Creek AZ PP PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 v. Other platted properties in the vicinity of this proposed proiect c. Key Comuussion Change(s) to Staff Recommenda6on• i. An approved new concept plan depicting how the site may develop a portion of the R 15 zoned property has been attached as Exhibit A 2 and A 3 d. Outstanding Issue(s) for City Council• i. The Council should determine if this site should be annexed rior to the com letion of the Highway 16 Alignment study and without the construction of the Can Ada lift stahon. The Council should determine if annexing this property in the best interest of the City at this hme. ii. Staff recommends that the Council direct staff to u date the DA rovision to remove the requirement of an 8 acre park and modify this provision to include "development is to provide a minimum of 15 45 percent common open space for the entire development (excluding the 30 acre plat) to include the Western Ada Recreation Center parcel The development shall include a central park area of at least 6 acres with a clubhouse and pool for the homeowners as generally depicted on the Concept Plan The park shall be included within the first two phases of the development north of McMillan Road (Phase 3 or 4 ." The Meri dian itv Council heard thvcn ;tpmc .,.. n..+„~.... •f ~nno . ~ ~L _ _ __. ,. ~_ ~, ~..~o ti ~ ~e uuouc nearing th C l annroved_ e ounci the .uu~ecr ate. ana rr r a ~ .ct ~. rv of ltv O mril Pnhlir APaY;nn• ~. In favor• Becky M Kav Thomac C'nleman Tnm (`nlam~n 11. onnosition• None 111. Commentin arv a Barhara ~x~atp.-_fiPlr~ 1Y. Written tectlmonv• Mike HuPhcrhmann Kp~'n An~~all y. taff nre entln annli anon: Bill Parcon Yl. aff commenNn on annli ation• Kvl Radeh Anna i T 1L arm ng om Barry ev I cne of Des ~cslon by .o ~ncil• 1. cil encoura d h annli ant o oordina ~~i h ettlerc Irri •~tion Dig*Y^~t a v ~mnrov nortion of h nron rtv ~ i hin th 0 foot ii. Future imnrovementc needed to mitiuatp fnr ;nrrpaenrl r.. ff• ..~ L L _.~,.,~rs.,. ~ ~ec G~ 111. cil wanted a m hod ctablich d to notify no nNal hom h n' ~~ f f ~t»YP tate H~ h 16 wav ad~ac n o M D rmott Road iY. cil discu ed if th wactewa r tr atm nt nlan had be Cana iris to c .•~~P the 300 ~_ acr c_ ev Coun it Chanaec to Ctoff/!'' ........:....:..~. n___~_____ 1. A nrovision o allow a 6 a re nark and nro~ •d a o al of 12 n rrp t open mace e l d h xc u ing t e nlat. 11. Added a DA nrnvisinn~ ThP a.,.,l;..~..+ ~~,.,n ....,..,:.... _ ___.L_ ... ..~ 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony,~I move to approve File Numbers AZ-08- 004 and PP-08-003 as presented in the staff report for the hearing date of October 7, 2008, with the following modifications: (add any proposed modifications.) Oak Creek AZ PP PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08-004 and PP-08-003, as presented during the hearing on October 7, 2008, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-08-004 and PP-08-003 to the hearing date of (insert continued hearing date here) so the Planning Department can draft conditions for approval (you should state any other reasons for continuance). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Generally east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard and north of Ustick Road including the southeast and northeast corners of W. McMillan Road and N. McDermott Road; and near the southwest corner of W. McMillan Road and N. Black Cat Road, in Sections.28 and 33, T.4N., R.1 W. b. Owner(s): Norpac, LLC 1025 S. Bridgeway Place, Suite 280 Eagle, ID 83616 c. Applicant: Same as Owner d. Representative: Becky McKay; Engineering Solutions e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 318.74 acres to R-4 (69.72 acres); R-8 (192.20 acres) and R-15 (56.82 acres) and Preliminary Plat approval of 118 single-family building lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district. Approximately 10% percent (3.08 acres) of the area being subdivided is being set aside for open space. The remainder 288 acres is not proposed for development at this tune. 1. Date of preliminary plat (attached in Exhibit A): 01/25/08 2. Date of landscape plan (attached in Exhibit A): 12/17/07 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 deternned 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 Conunission and City Council on this matter. Oak Creek AZ PP PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 c. Newspaper notifications published on: May 19, 2008 and June 2, 2008 (Commission); September 15 and September 29 2008 (Gifu Council) d. Radius notices mailed to properties within 300 feet on: May 8, 2008 (Commission); September 12, 2008 .(City CounciD e. Applicant posted notice on site by: May 25, 2008 (Commission); September 27, 2008 (Gifu Council 6. LAND USE a. Existing Land Use(s): A majority of the subject site is currently vacant agricultural land. A few of the larger parcels are developed with single family homes and associated out buildings. b. Description of Character of Surrounding Area: This area is composed of primarily agriculture land and farni homes on large parcels. The subject project, if approved, will constitute a significant change in use for this area and begin the transition from rural to urban for the sections located along Black Cat, McMillan and McDermott Road. c. Adjacent Land Use and Zoning: 1. North: Rural residences and agriculture, zoned RUT (Ada County) 2. East: Rural residences and agriculture and Keego Springs, zoned RUT (Ada County) and R-8 3. South: Rural residences and agriculture, zoned RUT (Ada County) 4. West: Rural residences and agriculture, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: ~l .Public Works: Location of sewer: This property is proposing to construct an interim lift station to sewer to the City of Meridian Waste Water Treatment Plant. Location of water: N Black Cat Rd and W McMillan RD Issues or concerns: None 2. Canals/Ditches Irrigation: The preliminary plat shows the Settler's Canal transverses through the development. Other laterals/ditches will be addressed as other plats are proposed during additional phases of development. 3. Hazards: On the submitted Preliminary Plat, the subject site does not fall-within any FEMA Flood Zone; referenced firm panel 16001 C0139H, dated February 19. 2003. 4. Proposed Zoning: R-4 (Medium-low Density Residential), R-8 (Medium Density Residential) and R-15 (Medium-high Density Residential) 5. Size of Property: 318.74 acres (includes 30.72 acres proposed with a preliminary plat) f. Subdivision Plat Information: 1. Residential Lots: 118 2. Non-residential Lots: 0 3. Total Building Lots: 118 4. Common Lots: 21 Oak Creek AZ PP PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 5. Other Lots: 0 6. Total Lots: 139 7. Gross Density: 3.84 dwelling units per acre 8. Minimum Lot Size: 5,000 square feet g. Subdivision Landscaping 1. Width of street buffer(s): 25 feet adjacent to W. McMillan Road and N. Black Cat Road 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: 10..03% (3.08 acres) useable open; 5.06 acres (16.4%) common open space. h. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. i. Summary of Proposed Streets and/or Access for the 30 acre plat: The entrances into this site are from N. Oakstone Avenue which is proposed to intersect W. McMillan Road and W. Quintale Street which is proposed to intersect N. Black Cat Road. A total of eight public streets are proposed to provide internal circulation through out the development. In addition, four of the streets stub to adjacent property owners for future connectivity. The typical street section is expected to be constructed as 36-foot street section (measured from back of curb to back of curb) with 7 feet of landscaping on each side within 50-feet of right-of- way. The applicant is proposing 5-foot detached sidewalks which require an easement with ACRD. Staff is generally supportive of the proposed street system. 7. COMMENTS MEETING On May 16, 2008 a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire 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 The subject site is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map: Medium density residential areas are anticipated to contain between three and eight dwelling units per acre (see Page 99 of the Comprehensive Plan.). The overall density of the area proposed for annexation is anticipated to have a gross density of 5 dwelling units to the acre; the subject preliminary plat has a gross density of 3.84 dwellings per acre. At this time, the applicant is only proposing to develop. approximately 30 acres which is the only area that can be serviced with city water and sewer at this time. The remaining 288 acres of the area proposed for annexation is not proposed for development as city services are unavailable. Further, the Meridian Comprehensive Plan specifically states to limit annexations and new development within the McDermott Road area until a plan is approved that specifies the SH 16 right-of--way locations and associated right-of way acquisition needs. The applicant is proposing to construct a temporary lift station that will provide sewer services to the remaining 288 acres that are not in the first preliminary plat phase (plans have been reviewed by Public Works to determine if the proposed temporary lift station can adequately service the remaining 288 acres.) In addition, the applicant is proposing to not develop/plat within 700 feet east of McDermott Road until the alignment study is complete for Highway 16. Oak Creek AZ PP. PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI~IVG DATE OF OCTOBER 7, 2008 Through the DA process, the applicant and staff believes that the Comprehensive Plan policies regarding the lack of services provided to the site and a portion of the property being adjacent to McDermott Road have been addressed/mitigated. In addition to the above analysis, Staff finds the following Comprehensive Plan policies apply to this application (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of ali public services. 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 can only be reasonably extended to the 30 acre parcel proposed for platting at the developer's expense. A vast majority of the site is not currently readily available with city services. The applicant is proposing to construct an interim lift station to service the reaming 288 acres. Sizing requirements will be determined by Public Works. - 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 No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • ~ Chapter 1V, Goal I, Objective A, Action 6 -Permit new residential, commercial and industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The 30 acre parcel proposed for development is not contiguous to the current city limits. The only point of contiguity is through the 288 acres that is proposed for annexation but not proposed for development at this time to due lack of service availability. At this time services can only be provided to the 30 acre parcel the applicant is proposing to develop. The remaining 288 acres do not and will not have city services available until the Can-Ada lift station is constructed. (NOTE: Public Works has master planned sewer services in the area, however the funding and timing for the construction of the Can Ada lift station has not been determined.) Chapter VI, Goal II, Objective A, Action 8 -Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit oriented development as appropriate. The applicant has submitted a master pathways plan that has made provisions for pedestrian and multi-use pathway throughout the 318 acres proposed for annexation. The master pathway plan is generally consistent with the Comprehensive Plan Future Land Use Map and Master Pathways Plan. Oak Creek AZ PP PAGE 7 CITY OF MERIDIAN PLANNING DE~ TMENT STAFF REPORT FOR THE HEARING•TE OF OCTOBER 7 2008 • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes four stub streets to adjacent properties. All of the stub streets extend to parcels currently zoned RUT in Ada County, which staff anticipates will re- develop in the future. Staff believes that the applicant has done a nice job of providing for future connectivity to the west, .south, and east of the proposed development. On the submitted concept plan the applicant has made provisions for future vehicular and pedestrian connectivity as well. Said street layout and pedestrian connectivity is subject to the DA recommended for the site. • Chapter VI, Goal II, Objective A, Action 13 - Review~new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. The surrounding area is primarily agricultural land with rural uses and does not provide opportunities for connection with collectors and local streets. On the revised concept plan, the applicant has provided a more detailed collector and local street layout then previous reviewed. The conceptual layout appears to provide good connectivity to McMillan Road as well as internally within the development. The applicant has also provided stub streets to the surrounding propertiesforfuture connectivity. The applicant is notproposing connectivity to McDermott Road until the HWY 16 Alignment Study is completed. The proposed street layout will be subject to the DA provisions recommended for this site. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. As mentioned earlier, the applicant has made provisions for pedestrian and multi-use pathways within the annexation area. Future phases are expected to comply with the Master Pathways plan. However, a majority of the uses surrounding the subject parcels are agricultural uses and provide no connectivity. Staff believes that the applicant has done a good job providing internal connectivity for the proposed property. • Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. The proposed plat and landscape plan depict landscaped common areas along McMillan Road and Black Cat Road. The applicant is proposing R-8 zoning which has a higher density than the surrounding area that is still under the County's jurisdiction. If the subject plat is approved it would create a higher density subdivision surrounded by RUT Ada County parcels. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds. that, at this time, the existing rural single family residential properties in the near vicinity are currently not compatible with the density the applicant is proposing with the submitted preliminary plat however; the proposed zoning districts are compatible with the land use designation of the property. • Chapter VII, Goal IV, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. . Oak Creek AZ PP PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 The applicant is proposing 3.06 acres (or 10.03% of the preliminary plat site) as open space, including a tot lot, sitting benches, picnic area and pocket park with a pathway. The applicant is also proposing four additional pocket parks and central neighborhood park with amenities for future residents to use for recreation. The proposed open space will be subject to the DA provisions recommended for this site. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The applicant is proposing medium-low density, medium density, and medium-high density housing within this area. Types of housing are single family detached homes, town homes, patio homes, multi family and alley loaded product which should provide a range of housing opportunities in this area. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (iIDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4, R-8 and R-15 zoning districts. Single family detached, attached, duplexes and townhomes are principally permitted in the R-8 and R-15 zoning districts. Multi- family developments are permitted in the R-15 with CUP approval. b. Purpose Statement of Zone: R-4, R-8 and R-15 Zoning Districts: The purpose of the residential districts is to provide for a range ofhousing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The Applicant is requesting approval to annex and zone 318.74 acres from the RUT zoning district in Ada County to the R-4, R-8 and R-15 zoning districts in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map for Medium Density Residential. The applicant is proposing a mix of residential uses which generally complies with the density requirements of the Comprehensive Plan. The purpose statement of the Residential Districts states connection to the City of Meridian water and sewer systems is a requirement for all residential districts. The applicant's annexation path is through parcel # 5042.8143240 which connects with Keego Springs Subdivision on the east side of Black Road and north of the Volterra Subdivision. The applicant is requesting the annexation of the overall area to develop a 30 acre portion of the property located on the southwest corner of McMillan Road and Black Cat Road. The remainder of the property proposed for annexation (288 acres) is expected to develop in the future as there are no city services available for the subject site until the Can-Ada lift station is constructed. Because there are no definite plans for the construction of the Can-Ada lift station, the applicant is proposing to construct an interim lift station to provide sewer services for the remaining acreage. NOTE: Staff still has concerns with the annexation of this property. Oak. Creek AZ PP PAGE 9 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 If the subject AZ request is approved, it opens Pandora's Box and creates an annexation path for other properties to request annexation that are outside of the Black Cat Sewer Shed and cannot be provided city. services. Staff is confident that the applicant's proposal can work, but we do not want to set a precedent for other potential developers in this area to construct lift stations to sewer out of the master planned shed. There is a very real possibility that the City will see similar requests if this project is approved. The annexation legal description submitted with the application (stamped on January 29, 2008 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. . Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is 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. If the Commission and Council decide it is in the best interest of the City to annex this property, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall incorporate the following, in addition to provisions the Commission and Council deem appropriate (NOTE: This is staff's best stab at some appropriate DA provisions, but should not be considered a comprehensive list): • The applicant shall be responsible for all costs associated with the sewer and water service extension. • Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domesticpurposes such as landscape irrigation. • The applicant shall be responsible for all costs associated with the required interim lift station and pressure sewer line. The stations design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. At completion of construction, the station will be donated to the City of Meridian who will own and maintain the lift station. The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. No discharge from the station will be allowed until all plant upgrades are complete to the City of Meridian Waste Water Treatment Plant. The approval to except discharge Oak Creek AZ PP PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 must be approved by the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department. Approved upgrades to the purposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant. Water service to this site is being proposed via extension of mains in N Black Cat Road and McMillan Road.. The applicant shall be responsible for the installation of 12-inch diameter water mains to and through this developments arterial frontage. Also a 12-inch diameter connection shall be made in Black Cat Road to the north east portion of the project prior to the start of phase six construction. Due to fire flow requirements the applicant will need to construct a 12-inch diameter main from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12- inch diameter main currently being installed with the Ten Mile & McMillan intersection widening project. This connection will need to be installed before phase six of the applicant's plan, and may be eligible for partial reimbursement. If the 12- inch water main from Ten Mile & McMillan is installed by another developer prior to phase six construction the applicant will not be responsible to participate in construction of the required main extension. Prior to phase five the applicant shall provide a domestic wel'1 site North of McMillan Road to support water demand needs to the purposed subdivision and surrounding areas. This well site will be owned and maintained by the City of Meridian. Contact the Public Works Department for size and any alternate locations. 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 agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. The applicant we be responsible to construct a 10 (ten) inch AWWA C900 PVC purple reuse main with 14 gauge insulated wire that will be attached to the pipe for locating purposes. The construction will start from the City of Meridian treatment plant continuing northwest along the Five Mile Creek ending in the Southwest corner of the purposed subdivision. All infrastructures on-site and off-site must be constructed with approved purple pipe. With the required construction. of this main the applicant shall be eligible to enter into a structured reimbursement agreement with the City of Meridian. Reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe). The detailed agreement with the reimbursable amount shall be approved by City Council prior to development plan approval. The elevations proposed and submitted with the preliminary plat shall substantially comply with the three building elevations submitted with this application included in Exhibit A and approved with this application. All other conceptual elevations shall be reviewed at the time the applicant plats any portion of the remaining 288 acres and shall substantially comply with the conceptual elevations in Exhibit A. Owner/Developer shall develop the property in accordance with the uses, dimensional standards and, design guidelines in the UDC at time of application submittal to the City. OwnerlDeveloper shall develop the property generally in accordance with the Concept Plan in Exhibit A. Owner/Developer may tailor the particular distribution Oak Creek AZ PP PAGE 11 ~ s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 and configuration of uses to meet actual market demand at the time of development and complies with the applicable zoning .district, provided that the Planning Director determines the integrity of the Concept Plan remains substantially equal or better. For example, the central park area may be relocated or altered if the Planning Director determines the park amenity is substantially equal or better in size or character than originally depicted.. • Prior to the issuance of any building permits, Owner/Developer shall subdivide the property in accordance with the UDC. • Owner/Developer shall not submit a preliminary plat on the west 700 feet that adjoins the current location of McDermott Road until such time as the Idaho Department of Transportation determines the State Highway 16 alignment. Access to McDermott Road shall be subject to approval by City Council and ACRD and shall be evaluated on the status of McDermott Road at that time. • The .development shall be allowed up to two full street accesses on the north side and two full street accesses on the south side of McMillan Road, as generally depicted on the Concept Plan, if also allowed by ACRD. • The development shall be allowed one temporary street access to Black Cat Road (northeast comer of the development), which will be closed once a collector street is constructed through adjacent parcels 50428143150 & 50428410000, as depicted on Exhibit A. • Owner/Developer shall provide a continuous collector system in the development north of McMillan Road. The collector will stub to the north boundary for future extension to state Highway 20/26, as generally depicted on the Concept Plan. • Owner/Developer shall stub public street access to the following adjacent parcels at such time as the development occurs adjacent to these parcels: 86991222200, 50428143000, 50428410000, 50428449010, 50433212400, SO428325600 and 504281431.50, as generally depicted on the Concept Plan in Exhibit A. • Subject to Ada County Highway District review and approval, Owner/Developer shall incorporate traffic calming devices (which shall not include speed bumps or valley gutters) in the collector street network. • Owner/Developer shall construct a 10-foot wide multi=use pathway consistent with Owner/Developer's pathway plan and the Meridian Parks Department Master Pathway Plan. • The development shall include a central park area of at least ~ 6 acres with a clubhouse and pool for the homeowners, as generally depicted on the Concept Plan. The. develo -merit shall .provide a minimum of 12 percent common oven space for the entire development (excludne the 30-acre platl The park shall be included within the first two phases of the development north of McMillan Road (Phase 3 or 4). • The development shall include at least four pocket parks, totaling a minimum of 5 acres. Each pocket park shall include at least two amenities (e.g., play equipment, bocce ball areas, rock climbing, picnic area etc.). • Owner/Developer shall support the restoration and enhancement of Five Mile Creek as a natural amenity, as proposed and/or approved by the City, Nampa-Meridian Irrigation District and the U.S. Army Corps of Engineers. • Owner/Developer shall coordinate with Western Ada Recreation District concerning a possible 4.5 acre +/- site lying within the southwest portion of the development. In the event the Western Ada Recreation District decides not to acquire and to construct the public swimming facility, the area allocated for the District will be developed as private open space with a recreational amenity (e.g., splash pad, .fishing pond, sports Oak Creek AZ PP PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 field, play equipment, bocce ball, rock climbing, etc.) and shall be centrally located within the development and shall be a minimum of 2.5 acres. • Owner/Developer shall instal'1 all perimeter and internal common area landscaping for each phase at the time of final plat recording and prior to the occupancy of any structures within that phase. • The development shall include a minimum of 1,000 residential units and a maximum of 1,300 residential units. Total number of units includes the entire product types proposed and attached in Exhibit A. • Owner/Developer and City agree to amend the property's zoning as needed to accommodate the movement of a street or sirrrilar minor modification that affects the boundaries of the approved zones within the property. Amendment of the Development Agreement shall not be required for such minor amendments to the zones. The applicant shall submit all necessary application materials to apply for and complete the rezone process. • The applicant shall provide a method for notification to future home owners of State Hi~hwav 16 extension alone the McDermott Road corridor as determined by the PlaiuunQ Director Concept Plan: The applicant has submitted a concept plan for how the site may develop. The subject site is expected to develop as a mixed use residential master planned community. The applicant is proposing three different neighborhood plans and zoning districts to provide communities for all income ranges. Each community proposes a range of product types (single family detached, town homes, ally loaded, single family attached and multi-family) and densities associated with them. The traditional single Family neighborhood offers 215 home sites and consists of 69 acres, zoned R-4; the Mixed Density Single Family Neighborhood offers 1,000 home sites on 192.22 acres zoned R-8; and the Mixed Density area consists of 56.82 acres, zoned R-15. ~~ •~~ •~- - ~ ~ ~~ EeaFept-pl~a~ Staff is supportive of the mix of residential uses proposed for the project. The applicant has updated the concept plan to primarily reflect the proposed street layout and access with the proposed annexation request. Staff has analyzed the stub streets and access points associated with the 30 acre plat below. The Commission should be advised this is a concept plan and is subject to change. Through the subject DA that is required, staff will ensure this site will develop in a similar fashion proposed by the applicant. The applicant has asked for flexibility with the future design of the remaining 288 acres. On the submitted concept plan, access roads are not shown to McDermott Street because of the Alignment Study currently in process. Staff has reviewed the submitted concept plan and believes the applicant has provided adequate stub streets to the adjacent property owners for future connectivity. A collector street is proposed to stub to at the mid-mile (north) which is consistent with Comprehensive Plan and ACRD standards. In the interim, the applicant is proposing a collector street to access Black Cat in the northeast corner of the development. This access will terminate and stub to the adjacent parcel south (as shown on the submitted concept plan); once that parcel Oak Creek AZ PP PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 and the northeast portion develops in the future. Staff is supportive of the conceptual street layout proposed by the applicant and any future development (plats) should substantially comply with this layout. Housing Types: The applicant has included Elevations for the product type proposed with the conceptual development. Staff has included the elevations in Exhibit A. The applicant is proposing a variety of housing types such as Single Family Homes, Green Court Hornes, Paseo Homes, Duet Homes, Two-Unit Townhomes, Tuck-Under Townhomes, and Mansion homes. Each product type is described as follows: • Single Family -These are the largest and most traditional homes offered in Project. They range in size from 1,701-4,000 square feet and include 6 different floor plans with a minimum of 9 distinctive elevations. • Green Court -The green court product are generally smaller homes arranged around a common green space and functions as a social gathering space for future residents. Home sizes range from 1,200-2,000 square feet • Paseo -These are alley loaded products that are specifically designed for the "Traditional Neighborhood" home buyer, yet still p\encourages interaction among residents by orienting homes onto an open space corridor. This series contains 3 distinctive exterior treatments that range in size from 2,159-2,442 square feet. • Duet -Alley loaded product attached at the garage only. Front streetscape appears as an individual single family detached unit. Private outdoor living spaces through the use of front or side courtyards. Home sizes range from 1,500-2,000 square feet. • Two-Unit Townhomes -Front loaded townhomes with architecture forward to enhance the streetscape. Home sizes range from 1,400-2,250 square feet. • Tuck-Under Townhomes -The tuck-under Townhomes are marketed toward the buyer who desires anon-traditional home in a traditional neighborhood. Homes range in size from 1,500-1,750 square feet. • Mansion -The mansion home product generally consists of three to six units arranged in a manner to give the appearance of large estate home. Garages are located in the rear off of an alley. The units range in size from 1,000 -1,950 square feet. If this product is proposed with future phases of the development it should require CUP for Multifamily development. Future Amenities: The applicant has worked with Western Ada Recreation District to locate a facility located on a 4.4 acre parcel near the southeast corner of W. McMillan Road and N. McDermott Road. In addition, the applicant is proposing recreational and open space amenities through out the 318 acre development. Conceptually, the overall proposed open space encompasses more than 30 acres which is approximately 11% of the project area. The project is expected to provide and expansive pathway and park system which includes 10,295 Lineal feet of multi-use pathways and 23,4471ineal feet of pedestrian pathways. The pathways are to provide an interconnected system that will connect with the central park, neighborhood parks, open space areas, and the Western Ada County Recreation Center proposed within the development. 2. . PP Application: The applicant is requesting Preliminary Plat approval of 118 single-farruly residential building lots and 21 common lots on 30.72 acres in the proposed R-8 zoning Oak Creek AZ PP -PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 district. The applicant is proposing to construct this subdivision in 2 phases as shown on the phasing plan attached as Exhibit A.S. Staff has reviewed the proposed preliminary plat and found that the dimensional standards proposed substantially comply with the Unified Development Code. Master Pathway Plan: At this time, the applicant is only proposing to develop a 30 acre parcel near the southwest corner of W. McMillan Road and N. Black Cat Road. According to the City's Master Pathways Plan this parcel is not identified as having a pathway designated in the development. However, the applicant has provided pedestrian connectivity for the future residents, on the 288 remaining acres, to use for recreation. In addition, the applicant has submitted a master pathway plan for the remaining parcels to show how future pedestrian and multi-use pathways will function as future phases are proposed for development. Staff is generally supportive of the applicant's pathway plan and believes it meets the intent of the City's Master Pathway Plan. Staff has included a provision in the draft DA that the applicant comply with both pathway plans. Open Space/ Amenities: UDC 11-3G-3 requires a minimum of 10% common open space for all developments exceeding five acres in size. The UDC also requires one additional site amenity for each additiona120 acres of development area. The proposed site amenities are as follows: 1) The applicant is providing 3..06 acres of usable open space, which equals approximately 10.03% of the total development area. 2) A 1.4 acre pocket park is proposed and includes a picnic table and structure, tot lot, sitting benches and a 5-foot pathway which provides connectivity with the sidewalks in the proposed development. The applicant's open space and amenities plan complies with the UDC. Landscaping: The landscape plan prepared by Jensen Belts Associates, on December 12, 2007, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 10.03% (3.06 acres) of the site for useable open space, as proposed. • The applicant should construct a minimum 37-foot wide street buffer along. the entire length of W. McMillan Road (an arterial street) and a 35-foot wide street buffer N. Black Cat Road, exclusive of ACRD right-of--way required for the ultimate street section, as proposed. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. • Landscaping adjacent to all pathways should be designed in accordance with UDC i 1-3B-12. • Depict fencing adjacent to micro-paths in accordance with the standards listed in UDC 11-3A-7. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. • Provide fencing along the common lots 1, Block 12, Lots 14 and 16, Block 10 and lots 1, 23 and 25, Block 13 per UDC 11-3A-7A-7. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Traffic Study: A traffic study was submitted for ACHD review. Staff has attached a copy of the letter highlighting ACRD comments regarding the Traffic Impact Study in Exhibit A. At Oak Creek AZ PF PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 build out the project is expected to generate an estimated 17,328 total trips. During the am peak hour traffic is expected to generate 1,307 trips and the pm peaks hour trips are estimated at 1,818 trips. As the project develops the City, ACRD and ITD should require the necessary improvements as phases are proposed for development. Oak Creek Subdivision (Phase 1) is estimated to generate an average ADT of 1,043 with 82 am peak hour trips and 110 pm vehicle trips. ACRD has commented on the appropriate roadway improvements to accommodate the increased traffic. See Exhibit B. Stub Streets: The applicant is proposing four stub streets to adjacent properties: These proposed streets are listed below: • W. Quintale Street stubs to the property to the west. • N. Oakstone Avenue stubs to the property to the south. • W. Torana Court stubs to the. Ada County parcel in the southeast corner. •' The partial cul-de-sac that connects W. Los Flores Street and N. Maplestone Way stubs to the parcel in the northeast corner. Staff is supportive of the stub streets proposed for future residential developments. The applicant should be required to provide public stub streets to the afore-mentioned parcels as proposed. Access: Currently, there are two entrances proposed into this site. The first entrance is N. Oakstone Avenue and intersects W. McMillan Road and the second entrance is W. Quintale Street which intersects N. Black Cat Road. A total of eight public streets are proposed to provide internal circulation through out the development. The typical street section is expected to be constructed as 36-foot street section (measured from back of curb to back of curb) with 7 feet of landscaping on each side within 50-feet ofright-of--way. Staff is generally supportive of the proposed street system. Existing Structures: Any existing building(s) shall be removed, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing 6-foot solid fencing along the perimeter of the development; 4 solid fencing along some of the interior common open space for the development; and 6-foot wrought iron fencing is proposed along Settler's Canal. Fencing adjacent to micro-paths and interior common open space is limited to 4-feet in height if closed vision fencing is used or open vision fencing up to 6-feet in height is allowed as it provides visibility from adjacent homes or buildings, per UDC 11-3A-7A.7. On the submitted landscape plan, the applicant has not provide fencing along the common lots 1, 14 and 16, Block 10 and lots 1, 23 and 25, Block 13. Staff is recommending the applicant comply with the fencing requirements per UDC 11-3A-7A-7. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not proposed along the boundary of the subdivision, the applicant is required to construct temporary fencing to contain debris during construction prior to issuance of any building permits on the site. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. The Settler's Canal traverses through the proposed platted property. The applicant is proposing to preserve a 50-foot open space corridor to maintain access to the canal. The applicant states the canal is to remain open due to the Settler's Irrigation District requiring a 72" pipe to enclose the canal. The UDC requires the City Oak Creek AZ PP PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Council waive the requirement for tiling. the canal. Staff is supportive of the canal remaining open. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3): The applicant agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a .development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. Drainage: A seepage bed for stormwater drainage is shown on Lot 13, Block 13. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. Common Areas: The applicant is providing 16.4% (5.06 acres) common open space within the development. Oak Creek also includes 37-foot exterior buffer along McMillan and a 35- foot landscape buffer along Black Cat Road. The primary open space consists of a 1.39 area park centrally located in the neighborhood and includes play equipment, a picnic shelter and a pathway. In addition, the neighborhood is expected to develop with detached sidewalks, street trees and eight foot landscape parkways through-out. Maintenance of all common areas shall be the responsibility of the respective Oak Creek Home Owners' Association. Building Elevations: Three single family home elevations were submitted to represent the housing proposed for construction with the Oakcreek Subdivision. The UDC requires buildings to be constructed of high quality building materials such as stone, brick, wood or other native materials. In no case shall the buildings use vinyl siding as the primary siding material. The building materials appear to be of high quality materials. The fronts of the buildings are accented with shutters, front porches with stone or brick accents and gable and hip roofs. The siding materials appear to be a variety of wood composite siding finishes painted in neutral colors. Roofing material is architectural shingles. Staff is generally supportive of the elevations proposed for this development. Phasing Plan: The applicant submitted a phasing plan which staff has included in Exhibit A. The applicant is expected to have 13 phases to the project. The first two phases are proposed with the 30 acre plat reviewed in this staff report. Due to the timeline of Hwy 16 alignment study completion slated for the end of 2009 and the lack of a timeline and funding for the construction of the Can-Ada lift station, staff is generally support the phasing plan for the project. b. Staff Recommendation: Staff is recommending approval of the proposed Oak Creek development (A~08-004 and PP-08-003) based on the Analysis and Findings of Fact as listed in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 5 2008 and August 21, 2008. At the August 21 2008 public hearing the Commission voted to recommend approval of the subject AZ and PP request The Meridian itv o lncil haarl *hnca itamc n., t the public hearing the Council annrnvn~ }{,p enh' + A 7 a nn Oak Creek AZ PP PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Concept Plan (REVISED Concert Plan as discussed at the August 21 2008 P&Z hearing) 3. Phasing Plan 4. Preliminary Plat 5. Landscape Plan 6. Elevations 7. Letter from ACRD regarding the TIS B. Conditions of Approval 1. Plaruung Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District (conditions are forthcoming; comments are attached) 8. Central District Health Department 9. Settler's Irrigation District C. Legal Descriptions and Exhibit Map D. Required Findings from Unified Development Code Oak Creek AZ PP PAGE 18 CITY OF MERIDIAN PLANNING DEP• MENT STAFF REPORT F • OR THE HEARING DATE OF OCTOBER 7, 2008 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGS OF OCTOB' ER 7, 2008 Exhibit A 2 2. Revised concept plan from the P&Z hearing depictine mm~ncerl u_t S ~lP.,ol.,.,..,o~. CITY OF MERIDIAN PLANNING DE•TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 6. Elevations r`.~.~ c? d 4W ~.lYi a ~~ .~ / \ ~` it' ~ ~w~~` ;. - ~ ~ ,-~ Q~ Tuck-Under Townhomes t ` ~ ~r ~ :y 3~~~"' ~ .... _ ~: ~~,~ ;~ ~< ~~~~ I_ " ~ Ipllt~ q ~~ ~If 1111. ~ ~1l11~~6 0111f t (1~ ,y :_. P= li z4 i n~~~t u _ ~ ~ ~_ . -.... a _. . Single Family _ ;i~l ~ ~ ~ _~ ~' _ - - -~~ ~~ ._„,__~, ~ ~6 ~~ ~~; ll ,, ,. , ~ ~~ ~ f~ii ~,,. ~ <,, ~~ ~'~_ '~~ a ~ }viii ~ ~ a ~ ',.a I'. Exhibit A 7 J ! ~. ,, . _` _~" I "`~~I Green Court ~~ _ ' C~'I~ .. 4 ~: ~ e Exhibit A $ ~~. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING E OF OCTOBER 7, 2008 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING. E OF OCTOBER 7, 2008 Crahsman Syls 1 i~~~ aa~ti~'~~'~ .tip' ~~ '~ ~ j' ". --' ~/ ,~ .. Y .. ~. -- - - - - - - -.. .. GtrpaYPwrenacrlvc Exhibit A 9 .- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING•E OF OCTOBER 7, 2008 Exhibit A 1 ~ Elevations for the proposed plat. ~. ~' w~ ;, .~ ~ ~ ,. ,l ~ - ` ~o ~~ uc-- • T~ .J ~1 ~ i.'i 4 al Exhibit A 1 1 CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARING. E OF OCTOBER 7, 2008 .~_,~ '~_~"~ ~ ti -~.~,, _ ~. -~.t, ~ ~ ~.~ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .OCTOBER 7, 2008 ~ s= ~ ~ i .~ r~ y ~.OO"' -~~ o.,- Exhibit A 12 Exhibit A 13 CITY OF MERIDIAN. PL' ANNING DE•TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 7. ACID Letter --~ _. ~ ,. ~°~~. r~~ ~ ~¢se~''~~ Q, i~~ ~E r April 29, 2008 Becky MclCay Engineering. Solutions 1029 N:, Ro§ario Street Meridian, Idaho 83642 ~~ a~ r C D, G'o.~...~.~'ed~o $~.e..-~r.~ Subject: Qakcreek Subdivision Traffic ImpacYStudy Dear'$ecky, Carol A: MGCee, President Sherry R: Huber, i" Vice President David Blvens, 2n0 Vlce President John 5. Franden, Commissioner Rebecca W. Arnold, Commis5forier .District staff has reviewed'the traffic impact study forthe subject development and have the following comments that need to be addressed: 1. The, west. site access,is only 700 feet east of McDermott Road and wilt not be considered for a signal location as suggested in the traffic impact study. The middle site access at the mile may be considered as a potential signal location. If necessary, the site plan should be revised to shift more of the traffic tq this middle access: 2: District Policy and the City of'Mendian Comprehensive Plan encourage Y: mile-collectors.. If ITp will approve a half mile•col.lector intersection.with lJS-20/26 between McDermott and Black Cat the District.. must plan accordingly and'this site should. stub..a mid mile collector to ,the north.. 3: The site-plan should be revised' to accommodate an east7west collector off Black Gat Road' to ,help serve this site. The District can foresee problems with the local road connection to .Black Cat as'it is currently planned. 4. The District has concerns regarding the length of some of the'sfraight local streets. Alternatives to the long straight stretches should 6e considered or other alternatives suggested'to address the potential for traffic calming. requests in the future. 5. The Qistrct has concerns regarding the two intersections •located'in the curves off of the collector road. The design. should address potential site distance constraints and acknowledge that landscaping in these areas maybe severely limited. A small revision in the site plan to relocate these .intersections could eliminate these concerns. 6, The McMillan/Black Cat Intersection is an all-way stop and not atwo-way stop as analyzed. 7. The District believes the TIS may be,overestimating the traffic distribution on Black Cat and underestimating the distributiop on McMillan east of Black Cat. Please demonstrate how the engineer determined the traffic distribution. Ada County Highway D1~riQ • 3775 Adams Street • Garden Qty, ID • 83714 : PH (208) 387-6100 • FX.387-6393 • www:adtd.ada.Id:us Exhibit A 14 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ,~, ~`, ~ 8. The applicant and ACRD will need to :work with ITD and the City of Meridian fo determine an appropriate right-of-way corritlor to ;preserve along McDermott Road to not conflict with future SH-16 extension plans. 9. The TIS should be updated and revised to reflect any changes to the trip distribution as a result of addressingthe comments above. It may 6e beneficial to schedule a meeting with ACHD and the City of Meridian to review any revisions to ttie site layout before modifying the traffic impact study. tf you have any questions you may contact me at 387-6170. Sincerely,. ~~ Gary Inselman Manager; ,Right-of-Way and Development Services Cc: Cameron Waite, URS Caleb Hood, City of Meridian Exhibit A 15 CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING. E OF OCTOBER 7 2008 B. Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on February 21 2008, by Gregory G. Carter, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall' be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 12 months of City Council action. (The Planning Department required DA provisions are in Section 10 of the Staff Report.) Please be advised a $303.00 fee will required to process the development agreement. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-004) application and associated Development Agreement shall also be considered conditions of the Preliminary Plat (PP-08-003). 1.2.2 Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.2.3 The landscape plan prepared by Jensen Belts Associates, on 12-17-07, is approved with the following modifications/notes: • Per iTDC 11-3G-3A, set aside at least 10.03% (3.06 acres) of the site for useable open space, as proposed. The primary open space consists of a 1.39 area park centrally located in the neighborhood and includes play equipment, a picnic shelter and a pathway. • The applicant shall construct a minimum 37-foot wide street buffer along the entire length of W. McMillan Road (an arterial street) and a 35-foot wide street buffer N. Black Cat Road, exclusive of ACHD right-of-way required for the ultimate street section, as proposed. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. • Landscaping adjacent to all pathways shall be designed in accordance with UDC 11- 3B-12. • Depict fencing adjacent to micro-paths in accordance with the standards listed in UDC 11-3A-7. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. • Provide fencing along the common lots 1, Block 12, Lots 14 and 16, Block 10 and lots 1, 23 and 25, Block 13 per UDC 11-3A-7A-7.A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. 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 OCTOBER 7, 2008 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping and amenities 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 application(s). 1.2.4 The applicant shall provide four stub streets to adjacent properties as proposed and listed below: • W. Quintale Street stubs to the property to the west. • N. Oakstone Avenue stubs to the property to the south • W. Torana Court stubs to the Ada County parcel in the southeast corner. • The partial cul-de-sac that connects W. Los Flores Street and N. Maplestone Way stubs to the parcel in the northeast corner. 1.2.5 If permanent fencing is not proposed along the perimeter boundary of the subdivision, the applicant is required to construct temporary fencing to contain debris during construction prior to issuance of any building permits on the site. The developer is required to construct fencing adjacent to micro-paths in accordance with the standards listed in UDC 11-3A-7. '1.2.6 Any existing building(s) shall be removed, prior to signature of the final plat by the City Engineer. 1.2.7 Maintenance of all common areas shall be the responsibility of the Oak Creek Home Owners' Association. 1.2.8 Per UDC 11-3A-6, all irrigation ditches, laterals or canals (except for Settlers Canal), exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does. not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACHD pond designs incorporate exposed filter sand. 1.2.11 Except for N. Oakstone Avenue to McMillan Road and W. Quintale to Black Cat Road, access to McMillan Road and Black Cat are prohibited; a note shall be added to the face of the final plat. 1.3 GENERAL REQUIltEMENTS-PRELIMINARY PLAT 1.3.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to 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 storrmwater 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 Exhibit B _ 2 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 developer to comply with ACIID, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.0 The applicant shall be responsible for all costs associated with the required interim lift station and pressure sewer fine. The stations design and capacity shall be .coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City ofMeridian's SCADA system. At completion of construction, the station will be donated to the City of Meridian who will own and maintain the lift station. The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. No discharge from the station will be allowed until all plant upgrades are complete to the City of Meridian Waste Water Treatment Plant. The approval to except discharge must be approved by the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department. Approved upgrades to the purposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant. 2.1 The applicant will be responsible for all costs associated with the on-site sewer and water main extension. 2.2 Water service to this site is being proposed via extension of mains in N Black Cat Road and McMillan Road. The applicant shall be responsible for the installation of 12-inch diameter water mains to and through this developments arterial frontage. Also a 12-inch diameter connection shall be made in Black Cat Road to the north east portion of the project prior to the start of phase six construction. Due to fire flow requirements the applicant will need to construct a 12-inch diameter main from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12-inch diameter main currently being installed with the Ten Mile & McMillan intersection widening project. This connection will need to be installed before phase six of the applicant's plan, and maybe eligible for partial reimbursement. If the 12-inch water main from Ten Mile & McMillan is installed by another developer prior to phase six construction the applicant will not be responsible to participate in construction of the required main extension. 2.3 Prior to phase five the applicant shall provide a domestic well site North of McMillan Road to support water demand needs to the purposed subdivision and surrounding areas. This well site will be owned and maintained by the City of Meridian. Contact the Public Works Department for size and any alternate locations. 2.4 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.5 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 agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. Exhibit B _ 3 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 2.6 The applicant we be responsible to construct a 10 (ten) inch AWWA C900 PVC purple reuse main with 14 gauge insulated wire that will be attached to the pipe for locating purposes. The construction will start from the City of Meridian treatment plant continuing northwest along the Five Mile Creek ending in the Southwest corner of the purposed subdivision. All infrastructures on-site and off-site must be constructed with approved purple pipe. With the required construction of this main the applicant shall be eligible to enter into a structured reimbursement agreement with the City of Meridian. Reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size; and depth of reimbursable pipe). The detailed agreement with the reimbursable amount shall be approved by City Council prior to development plan approval. 2.7 All existing structures that are required to be removed in each phase shall be prior to signature on the final plat by the City Engineer for that phase. 2.8 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 LTDC 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. 2.9 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. 2.10 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. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded in each phase, prior to applying for building permits for that phase. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irngation, sanitary sewer, water, etc in each phase prior to signature on the final plat for that phase. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved in each phase prior to obtaining certificates of occupancy for that phase. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 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. Exhibit B _ 4 _ CITY OF MERIDIAN PLANNING DE~TMENT STAFF REPORT FOR THE HEARIN G DATE OF OCTOBER 7, 2008 2.20 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. 2.21 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required for each phase. before a certificate of occupancy is issued for any structures within that phase of the project. 2.22 At the completion of each phase 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 that phase of the project. 2.23 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 %i" 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 entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 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 To increase emergency access to the site a minimum of two points of access will be required for any portion of the development, which serves more than 50 homes. The two entrances should be separated by no less than % the diagonal measurement of the full development. 3.8 ,Building setbacks shall be per the International Building Code for one and two story construction. Exhibit B _ 5 _ CITY OF MERIDIAN PLANNING DEP• MENT STAFF REPORT FOR THE HEAWNG~E OF OCTOBER 7, 2008 3.9 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. 3.10 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 born by the developer. 3.11 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. 3.12 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1.,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and' greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.13 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.14 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 The fire department is opposed to any landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning around on the end of the court. 4. Police Department 4.1 The proposed pathway located on Lot, Block 6 shall have 4-foot shielded bollard lighting along the entire length. 5. Parks Department 5.1 The Parks Department provided no comments on this application. 6. Sanitary Service Company 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. Ada County FIighway District 7.1 Dedicate 48-feet ofright-of--way from the centerline of Black Cat Road abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. Exhibit B _ 6 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 OR Dedicate 38-feet ofright-of--way from the centerline of Black Cat Road abutting the parcel and provide an easement to contain any sidewalk improvements that lie outside the dedicated right-of- way. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation. Funds. 7.2 Construct a detached concrete sidewa. lk, a minimum of 5-feet wide, no closer than 41-feet from the centerline of Black Cat Road abutting the parcel. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.3 Construct a center turn lane on Black Cat Road at the intersection with W. Quintale Street. Coordinate the design and location of the turn lane with District Traffic Services and . Development Review staff. 7.4 Dedicate 35-feet ofright-of--way from the centerline of W. McMillan Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.5 Construct a detached concrete sidewalk, a minimum of 5-feet wide, no closer than 28-feet from the centerline of McMillan Road abutting the parcel. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.6 Construct a center turn lane on McMillan Road at the intersection with N. Oakstone Avenue. Coordinate the design and location of the turn lane with District Traffic Services and Development Review staff. 7.7 Construct W. Quintale Street to intersect N. Black Cat Road approximately 410-feet south of the Black Cat/McMillan intersection (measured near edge to near edge). 7.8 Construct N. Oakstone Avenue to intersect W. McMillan Road approximately 600-feet west of the Black Cat/McMllan intersection (measured near edge to near edge). 7.9 Construct all internal streets as 36-foot street sections (back-of--curb to back-of--curb) with rolled curb, gutter, and 5-foot detached concrete sidewalks on both sides. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.'10 Construct vertical curb on W. Quintale Street and N. Oakstone Avenue at the access points where no front on housing is proposed. 7..11 Construct all raised medians a minimum of 4-feet wide with vertical curb. Comply with District Tree Planter policy for any medians that will contain trees. 7.12 Construct a two cul-de-sac turnaround at either end of W. Torano Court with a minimum 45-foot outside turn radius, as proposed. 7.13 Construct the following stub streets as the internal street section (36-foot with curb, gutter, and sidewalk), with signage at the terminus stating: "THIS ROAD WILL BE EXTENDED IlV THE FUTURE." Exhibit B - 7 - • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 • The first stub, W. Quintale Street located approximately 370-feet south of the north property line (measured near edge to property line). • The second stub, N. Oakstone Avenue located approximately 400-feet west of the east property line (measured near edge to property line). • The third stub, W. Torana Court located approximately 125-feet north of the south property line (measured near edge to property line). 7.14 Design and construct the full crossing of the Settlers Canal with the construction of Oakstone Avenue. Submit the bridge plans for the crossing of the Settlers Canal for review and approval prior to the pre-construction meeting and plat approval. Coordinate the design of the canal crossing with District Development Review staff: 7.15 Direct lot access to Black Cat Road and McMillan Road is prohibited and shall be noted on the final plat. 7.16 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF' APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewei or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 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. 7:2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 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. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior tb building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACIID Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are comprorrused during any phase of construction. Exhibit B _ g _ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 7..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. 7.2.13 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. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All irrigation drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Settler's Canal (50-foot easement), Cantrell Lateral (20- foot easement), Lane Lateral (20-foot easement) and the Allen Lateral (30-foot easement). 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of ariy SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers' Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water from the current delivery point. Exhibit B _ 9 _ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7; 2008 C. Legal Description '~. • ~: ~ " ~I ~A H,q ! 450' asrb'laters.Vier j_c ~: ~ ~ ~ ` SURV~~Y s~~:~ ls3. ~ @ Meridian, laafio 63642 ,i I _ GROUf? Phone 1208) 8469570 -- fax 1208) B84-5399 pecember 13, .2007 DESCRIPTION FOR ANNEXATI:O:N ~QAK CREEK SUBDIVISION. A parcel of land located in the -NE'/d of the NE'/ and the N1N'/4 of the N1N'/, of Section 33, the S'/2 of the NE '/ .and -the S % of Section 28, all located in. T. 4N., R.1 W., B.M., Ada County, Idaho'.more particularly described as follows:: Commencing at the Northeast comer of the said Section 33 from which the ,East '/< corner of said. Section 33 bears South QO°2T22"West, 2631.60 feet; thence along the East boundary of said. Section 33 South. 00°2722" 1Nest, 1.69:00 feet to the REAL POINT OF BEGINNING; thence continuing along said East. boundary South 00°2T22"West, 626..39 feet; Y thence leaving said East boundary line South 89°08'23" West, ;246.54 feet;. thence South 06°3T22" UUest, 308.30 feet; ' { thence North 89°30'26" West, 1038:.40 feet to ,a poirnt on the West .boundary line of the. NE'/ of the NE'/ of said Section 33; thence. along said West boundary line North 00°28'25° East, 1113:00 feet to the. E1/16 corner of said Section 33; thence alongthe north boundary line said Section 33 North 89°16'45" West,. 131'7.68. feet to the N'/ comer of said Section.33 thence along said North boundary line. North 89°1 t'49" West, 1317:62 feet to the W 171$ comer of said Section. 33; thence along the East boundary line of the N1N'/< of the NVII'/ of said:Section 33 South't)Q°31'02" West,.1"3,1+6:64 f..eet to the NW 1/16 corner of said Section 33; • . thence along the South boundary line of the N.W'/ of the. NW Y of said, Section 33 North 89°1T19" West, 89:91 feet; thence leaving: said South boundary'line North 76°42'21" West., 1.259..37 feet to a point on the West boundary of said Section 33; thence along said West boundary line .North 00°32'39° East, 1042.47 feet to the northwest corner of Section 33; Exhibit C • CITY OF MERIDIAN PLAM~IING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 n thence atong~the West boundary'lipe of said Section 28' North 01°00'42" East, 1315.38 feet to the S 1l16 corner of said Section 28; thence along, the North boundary line of the SW '/° of the SV1/ '/a of said Section 33 South 89°1'8'59" East,. 450,00 feet; thence leaving said. North boundary line North;01°00'42" East,. 774.71. feet; thence North 89°21'`1'7" West, 4'50.00 feet to a point on, the West boundary said Section 28; (hence along said West boundary line- North 01 °00'42" East, 540:97 feet to the W '/ co- crier of said Section 28; thence along the North boundary of said S1N'/.South 89°21'17" East, 1311.11 feet to the C-W 1116 corner of said Section 2;8; thence along the East boundary line of the NV1! '/< of the SW''/< of said Section 28 South 00°,52'12" 1Nest, 16:99 feet; thence I'eaving said East boundary line South 89°14'34" East, 789.50 feet; thence North 64°03'54" East, 27.64 feet; thence South 86°53'48"'East, 189.53 feet; thence North 89'14'51" East; 20.04 feet; thence South. 70°27'50" East, 25.64 feet; thence South 81°00'03° East, 36:69 feet; thence South 88`°50'13" East, 85:57 feet; thence South 86°14'58" East, 63.62 feet; thence -North 89°18'37"'East, 45.49 feet; thence South 78°07'47".East, 19.68 feet; thence North 53°05'44" East, 16.53 feet to a point on the East boundary line of the SW '/ of said Section 28; thence along said East boundary line North 00°43'42" East, 24.35 feet.to the C '/< corner of said Section 28;. #hence along the West boundary line of the NE '/ of said Section 28 North 00°43'58" East, 625.84 feet; Exhibit C - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ~ ~ r.; thence South 77°58'14" East, 133 -Fs.14. feetto a ,point on tha East Boundary Fine of the SIN ^/ .of the NE Y< of said ~ecfion 28: thence along said East boundary line North 0:0°36'34" East, 293.64 feet; thence South 89°3'1'36" East, 175.03 feet; thence South. 00°28'24" West, 230:00 feet; thence South 89°31'36" East, 1136.30 feet to a point on the East boundary line of said. Section 28, said point also being on the existing Meridian City Limits boundary; ~ thence along. said East boundary .line and said City Limits boundary, South JO°29'02° West, 214..51 feet; thence leaving said .East boundary line North 89°20'59" West, 1312.34 feet to a .point of the West boundary of the SE '% of the. NE '/< of said. Section. 28; thence along. said West boundary line South 00°36'34" West, 215.Op feet to the C;E t/16 comer of said Section 28; thence along the East boundary of the W '/z of the SE '/. of said Section 28 South 00°3T35° Wesf, 2635.75 feet to the E 1/16 corner of said Section 28; ; thence along. the South boundary of said Section 28 South 89'16'45" East, { 1D59.'08 feet; thence leaving said South boundary line South 00°27'22" West,. 469.00 feet; ~ thence South 89°16'4.5° East, 258.60 feet to the REAL POINT OF BEGINNING. ~ Containing. 318.75 acres, more. or less. Vp~^ R~~ :'~ 6'~ ~ ~,110Qa ~~~`OaKSO~ ~~G ~O. Exhibit C - 3 - CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING. E OF OCTOBER 7, 2008 ~~ ~~ t~ ~-~ r~/~ a am ~. Ii//1 H'0 ~; ~. SURVEY f,' ~,~' ~ GROUP 1450 C'az~~cer£oivei Sc Suite I50 Meridlao, Idaho 63642 Phone (208) 846,8570' fax 1208) 884-:5399 December 13, 2007 DESCRIPTION FOR OAK CREEK SUBDIVISION A .parcel. of land located in the NE '/ of the NE '/ of Section 33, 'P. 4N., R.1 W., B.M., Ada. County, Idaho more particularly described as follows: Commencing at the Northeast corner of the said Section 33 from which the East '/ comer of said' Section 33 bears South 00°27'22" West, 2631.6Q feet; thence along the East boundary of said Section 33 South 00"27'22° West, 169.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary South.00°27'22" West, 626,39 feet; thence weaving said East boundary-line South 89°08'23" West, 246:.54 feet; thence South 06:°37'22" West, 308.30 feet; thence North 89°30'26" West, 1038.40 feet to a point on the West Boundary line of the NE '/4 of the NE'/< of said Section 33; thence along said West boundary line North 00°28'25" East, 1113:00 feet to the. E1/16 corner of said Section 33;. thence along the North boundary of said Section 33 South 89°16'45" East, 1059.08 feet; thence leaving said South boundary line South 00°2722" West, 1:69:00 feet; thence South 89°16'45" East, 258.60 feet to the REAL POINT DF BEGINNING. Containing 30.72 acres, more or less. ~pVAL RtNt C~~ BY: ~g 2.2 ZOt18 MWORKSflE TIC Exhibit C _ 4 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 r"'\ f^~ January 25, 2D08 DESCRIPTION FOR R-15 ZONE PROPOSED OAKCREEK SUBDIVISION Parcels of land located in the NW ''/4 of the NW '/ of Section 33 and in the SW'/ of Section 2;8:, T. 4N., R.tW., B:M., Ada County, Idaho more particu-arly described as follows: PARCEL A Commencing at the Southwest corner of the said Section 28, from which the South '/< corner of said Section 28 bears South 89°16'49" East, 2635.24 feet; ttience,along, the South boundary line of the said Secfi'on 28 South 89°1.6'49" East, 71-0.22 feet to the REAL POINT QF BEGINNING; thence North 04°00'23" East, 867.66 feet; thence South i39°17'44" East; 1920.93 feet; thence South 00°44'11" West, 868.16 feet to a point on the South boundary line of the said Section 28; thence along said South boundary line North 89° 16'49." 1Nest, 1925;02 feet to the REAL'POINT OF BEGINNING. Containing 38.31 acres, more or less. PARCEL B BEGINNING at the Northwest corner of the said- Section 33, from which the North '/< corner of said Section 33 bears South 89°16'49" East, 263524 feet; thence along the North boundary line of the said Section 33 South 89°16'49" East, 21'0,22 feet; thence South 00°43'11° West:, 158.47 feet to a.point of curvafure;, thence. 133:.96feet along the arc of a curve to the left, said curve having a radius of 90Q:00 feet, a delta angle of 08°31''41", and a long chord bearing South 03°32'40" East,. fi33.84 feet to a point of reverse curvature; thence 174.94 feet along the arc of a curve to the right, said curve having a radius of 1200.00 feet, a deifa angle of 08°21°09", and a long chord bearing South 03°37'56" East, 174.78 feet to a point of tangency; thence South 00°32'39° West, 376.24 feet to a point of curvature; thence 78:28.feet along the arc of a curve to the right, said curve having a radius of 400.00 feet, a delta angle of 11°1.2'45", and a long chord bearing South 06°09'0.1" West, 78.15 feet to a .point of tangency; 60307%603,07-R 15.DOC Exhibit C _ 5 _ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 } thence South 11 `45'24'" ~1Vest, 277:00 feet; thence North 76°42'21" West,: fi87.45 feet to a point on the West'loundary line of the said Section 33; thence along said West boundary line North 0°32'39" East, 1042.47 feet to the REAL POINT OF BEGINNING_ Containing 18.5.1 acres, more. or less. Total proposed R-15 area contains 56'.82 acres, more or less. atpe va` B v~.~..r _ FE6 2'.2 008 M WARMS OEPTIC 60307160307-RIS.DOC Exhibit C _ 6 _ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 i January 25, 20~~3 DESCRIPTION FOR R-8 ZONE PROPOSED O'AKCREf K SUBDIVISION Parcels of land located in the NE'/o of the NE %< and in the NW'%a of the NW'/< of :Section 33 and' in the S % of Section 28, T. 4'N., R. YW., B.M., Ada County, Idaho more particularly described as follows: PARCEL A Commencing at the Northeast corner of the said Section ,33, from which the East '/< corner of said Section 33 bears South 00°2722" West, 2631:60 feet; thence along the East boundary line of said. Section 33 South 00°27'22" West, 169.0.0 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary line South 00°27'22" West, 626'.39 feet; thence leaving, said East boundary line South 89°08`23" West, 246..54 feet; thence South 06°37'22" West, 308:30 feet; thence North 89°30'26" West, 1038.40 feet to a point on the West boundary line of the NE ''/ of the NE'/ of said Section 33; thence along said West boundary line North '00°28'25" East, 1113.00 feet to the E1/16 corner of said Section 33; thence along the North boundary line of said Section 33 South 89°16'45" East, 1059.08 feet; thence .leaving said South poundary line South 00°27'22" Wesf, 169.00 feet; thence South 89°76'45"'East, 258.60 feet to the REAL POINT OF BEGINNING. Containing 30.72 acres, more or less. PARCEL B Commencing at .the Southeast corner of the said Section 28, from which the South '/< corner of said Section 28 bears North 89°16'45" West, 2635.86 feet; thence along the South boundary line of said. Section 28 North 89°16'4'5" West, 1317.68 feet to the REAL POINT OF BEGINNING; thence continuing along said South boundary line North 89°16'45" West, 1'3'17.68.feet; thence leaving said South boundary line North 00°44''11" East, 868.16 feet; thence North 89°17'44" West, 1920.:9'3 feet;. 60307/60307-R8.DOC Exhibit C _ ~ _ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ~; theme South 01'00'23" L~Jest; 87,60" feet: to a point on the. South boundary line gf said Section 28; thence along said South boundary line North 89'16'49" Wes. t, 790.22 feet to the Southwest corner of said Section 28; ; thence along. the West boundary line of said Section 28 North 01°00'42" East, 131'5.38' feet; i thence South $9°18'59" Eas#, 450.00 #eet; ' thence North 01°00'4,2"'East, 774.71 feet; thence North 89°21' 17" West, 450.00 feet to a point on the West boundary {ine of the said Section 28; thence along said. West boundary line North 01 °00`42" East, .540.97 feet; ' thence South 89°21"17`' East, 1311.11 feet; thence South 00°52'12" West, 16,99 feet; thence South 89°14'34" East, 355..95 feet; ' thence South 01°00'23" West,. 1140.07 feet; thence South 88°5.9'37" East, 463,31 feet to a point of curvature;. thence 233.82 feet along the arc of a curve to the right, said curve having a radius of 500.,00feet, a delta angle of 26°47'3:7", and a long chord bearing South 75°35'49" East, 231:69 feet to a point of tangency; thence North 27°48'00" East,. 329:66 feet to a point of curvature; thence 250..07 feet along the are of a curve to the right, said curve having a radius of 600.00, feet, a delta angle of 23°52'46", and a long chord bearing North 39°44'23" East, 248.26 ~ feet to a point of reverse curvature; thence 141.29 feet along the arc of a curve to the left, said curve having a radius of ' 300.00 feet, a delta angle of 26°59'04", and a long chord. bearing North 38°11'1.4" Ea"st, 139.99 + feet; + thence South 65'18'1.8" East; 55..00 feet; ' .thence South 89°16'15" East, 2.63.21 feet; i ~ thence South 84°07'40".East, 162>61 feet; thence South 77°5.8'14' East, 80:.OQ feet; 60301/60307-RS:DOC ~ Exhibit C _ 8 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ^~ ~ thence Soutl 12°01'4:6" Nest, 50,23 feet;. thence South 24°00'23." East, 108:06 feet; thence South. 1'4'24`06`' East, 111.49 feet;, thence South 89'1.6'15" East;.407:24 feet;. thence North 00°37'3.5" East; 11..16 feet; thence South 89°22'25" East, 170..00 feet; thence South 00°3T35" West; 1719.49 feet #o the REAL POINT OF BEGINNING. Containing 144,02 acres, more or less. PARCEL C .Commencing at the Northwest cornet of the said Section 33, from which the North Y< corner of said Section 33'bears South 89°46'49"'East, 263"5.24 feet; thence along the North boundary line of said. Section 33 South 89°1:6'49° East, 710.22. feet to the .REAL POINT OF BEGINNING; thence continuing along said North boundary line South 89°16'49" East, 607.40-feet; thence :South 00°31'02" West, 1316...64 feet; thence North 89°1.719" West, 89:91 feet; thence North 76°42'21" West, 5.71.92 feet; thence North 14°45'24" East, 277,00 feet to a point of cuaature; s thence 78.2$ feet along the arc of a curve to the left, said curve having a radius of 400.00 feet, a delta angle of 11°12'45", and a Jong chord bearing North 06°09'01'" East, 78.15 :feet to a pointof tangency.; fhence North 00°32'39" East.; 376.24 feet to a ,point of curvature; thence 174.94 feet along the arc of a curve to the left, said curie having a radius of 1200.00 feet,.. a delta angle of 08°2'1'09", and. a long chord bearing North 03°37'56" West, 174.78 feet to a point of reverse curvature; thence 133..96 feet along the arc of a curve to the right, said curve having a radius of 900.00 feet, a delta angle of t?8°31'41", and a long chord bearing North 03°32'40" West, 133.84 feet; , thence North 00°4.3'1.1:' East, 158.47 feet to_the REAL. IN F BEGINN Containing 17.46 acres.., more or less. BYEVI P var. Total proposed R-8 area contains 192.20 acres.,. more or lest 2 2 X108 603.07/60307-R8.DOC MERIDIAN PUBLIC WORKSDE?T. Exhibit C _ 9 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 December 20, 2007 Revised February 21; 2008 DESCRIPTION FOR R-4 ZOME PROPOSED DAKC:REEK SUBDIVISION A parcel of.land located in the NE'l° and the South'/z of Sectioh 28, T. 4N., R.1W., B.M,, Ada County, Idaho more particularly described as follows: Commencing at the Southeast corner of the said Section 28 fcom which the South '/< corner of said Section 28 bears North 89°16'45" West, 2635.36 feet; thence along the South boundary of the said Section. 28 North 89°16'45° West, 1317.68 feet; thence North. 00°3735" East, 171.9.49 feet to the REA! .POINT OF BEGINNING; thence North 89°22'25" West, 170:00 feet; thence South OQ°3T35" West, 11.'16 feet; thence North 89°16'15" West, 407.24 feet; thence North 14°24'06" West, 111.19 feet; thence North 24°00'23" West, 1:08.06 feet; thence North t2°01'46" East, 50.23 feet; thence North 77°58`1..4" West, 80:00 feet; Thence North 84°0T40" West, 162.61 feet; thence North 89°16'15" West, 263.21 feet; thence North 65°1.8'18" West; 55.00 feet. to a point on a curve; thence 141:29 feet. along the are of a curve to the right, said curve having a radius of 30Q:00 feet;, a delta angle of 26°59'04"; and a long chord bearing'South 38°11;'14" West, 139.99 feet to a point of reverse curvature; thence 250:07 feet along the arc of a curve to the left, said curve having a radius of 600.00 feet, a delta angle of 23°52'46", and a long chord bearing South 39°44'23" West, 248.26 feet to a ,point of tangency; thence South 27°48'00" West, 329.66 fleet to a point on a curve; thence 233.82 feet along the arc of a curve fo the left, said curve having a radius of 500.00 feet, a delta angle of 26°47'37",. and a long chord bearing North 75°35'49' West, 231:69 feet to a point of tangency.; thence North 88°59'37" West, .463.31 feet;, 60307160307-R4:DOC Exhibit C ~ - 10 - CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING D~E OF OCTOBER 7, 2008 f"~ .''~ thence North 01°-00`23" East, 1140.07 feet; thence South 89°14'34" East, 433.55 feet; thence North 64°03`54" East,:-27.64 feet; thence South 86°53`48° East, 189.53 feet; thence North $9°'1.'4'51''" East, 20.04 feet; thence South: 70°2750" East, 25.64 feet; thence South 81 °;00'03' East, 36.69 feet; thence South 88°5.0'13" East, 85.57 feet; thence South 86°'44'58" East, 63:62 feet; hence North 89°18'37" East, 45.49 feet; thence South 78°0T47" East, 1.9;68 feet; thence North 53°05'44" East, 16.:53 feet to a .point on the North.-South centerline of said Section 28; thence along said North-Sduth centerline North 00°43'42" East, 24.35 feet to-the C1/4 corner of said Section 2$; thence continuing .along said North-South centerline North 00°43'58" East, 625:84 feet; thence leaving said North-South centerline South 77°58'44" East, 9338.14 feet; fhence North 00°36'34" East, 293..64 feet; thence South 89°31'36" East, 175.03 feet; thence South 00°28'24" West; 230.00 feet; thence South 89°31'36"'East; 11 6.30 feet to a point on the East boundary of the said ! Section 28; tfienee, along said East boundary South 00°29'02" West, 214,5'1 feet; thence North 89°20'59" West; 131.2.34 feet; thence South 00°36'3;4" West, 215.0.0 feet; 60307/60307,R4.DOG Exhibit C CITY OF MERIDIAN PLANNING DEP~TMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ~7 1 ' .~ thence South 00'3735"'West, 916.26 feet to the REAL POINT OF BEGINNING. ~ Containing-69.72 acres, more or less. . ~ ~~vnt. REVI ;A_. BY~ FEB 2 2 2008 M WORKS EpT4G 60307!60307-R4.DOC Exhibit C _ 12 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING D• OF OCTOB ER 7, 2008 ~~//~~ ~.,,.,a.o~:~, ~,~-,, ~Qd/IIQS ~~' ~NIN01 0350dUNd 9NIU9311/9N~. savo J ,off. p. _ O ma ~:b~~C~ `~' a'o e ,i~a~aaa a N <x y~.1~/~, o~ $ . ~~oo~~~ E.Y ~W 3.' ~ ~s~e~~E '~. Exhibit C _ 13 _ CITY OF MERIDIAN PLANNING DEP•MENT STAFF REPORT FOR THE HEA • RING DATE OF OCTOBER 7, 2008 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 the subject property to the R-4, R-8 and R-15 zoning districts. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan (see Section 8 above). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that proposed 30 acre Preliminary Plat would comply with the established regulations and purpose statement of the R-8 zoning district. A revised concept plan has been submitted generally depicting how the site is to develop attached in Exhibit A above. The applicant is also proposing an interim lift station to provide sewer services for the portion of the development outside of the Black Cat Sewer Shed. If the applicant complies with the provisions outlined in the development agreement with the Annexation request and the conditions of approval for the preliminary plat, the Council finds that the proposed residential districts will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the .established regulations and purpose statement of the residential zoning districts. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare;. The 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 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 (iTDC 11-SB-3.E). The overall density proposed in the R-4, R-8 and R-15 districts generally complies with the anticipated ,density for this area (see Section 8 of the staff report for more information). In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to R-4, R-8 and R-15 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. 2. Preliminary Plat Findings: Exhibit D CITY OF MERIDIAN PLANNING DEP• MENT STAFF REPORT FOR TH E HEARING DATE OF OCTOBER 7, 2008 A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed 30 acre preliminary plat is in substantial compliance with the adopted Comprehensive Plan, if the subject lands are annexed. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available to accommodate the 30 acre preliminary plat proposed for development. 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 cost, the 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, ACfID, etc.) to determine this fmding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for snore detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD 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. The 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 2 October 24, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT NUnZlO $gr01 REQUEST Findings for Approv acres from R 1 to R-8 zones for • AZ 08-O1 1 October 28, 2008 ITEM NO. 5-C I -- Request for Annexation and Zoning of 2.953 groi -- 4405 East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: pr~ ~~ CITY BULLDIN G 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: MERLDIAN 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 l D A M Q DECISION & ORDER In the Matter of Annexation and Zoning of 3.16 acres from Rl (Ada County) to R-8 (Medium Density Residential), by Nunzio Sgroi. Case No(s). AZ-08-011 For the City Council Hearing Date of: October 7, 2008 (Findings on the October 28, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 7, 2008, incorporated by reference) B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §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.. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental e subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-OI I -1- • 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 the Development Agreement provisions in the attached Staff Report for the hearing date of October 7, 2008, incorporated by reference. The provisions 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated June 30, 2008 by James Rees, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of October 7, 2008, incorporated by reference. D. 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 maybe 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 maybe 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. E.. Attached: Staff Report for the hearing date of October 7, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-011 -2- lJ • By action of the City Council at its regular meeting held on the ~ day of ~G-{~c~ ~~~ ; 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED (~[,G~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor y de Weerd Attest: `\\``\~~~~~ pF AAE~~~~~•,,~~~i'/" o = Jaycee Ho man, rty Cherk ~ ~o~' Copy served upon Applicai'S~~ rl~ ~ Attorney ~O~~n City Clerk's Office Public Works Department and City Dated: I ®- 3 ~ -Q~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-011 -3- CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DA~OF OCTOBER 7, 2008 STAFF REPORT Hearing Date: October 7, 2008 TO: Mayor & City Council ~, . Ti1j e ~j~_ FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: Sgroi • AZ-08-011 Annexation and Zoning of 3.16 acres from R1 (Ada County) to R-8 (Medium Density Residential), by Nunzio Sgroi 1. SUMMARY DESCRIPTION OF APPLICANT'S' REQUEST The applicant, Nunzio Sgroi, has applied for Annexation and Zoning (AZ) of 3.16 acres of land from the Rl zoning district in Ada County to the R-8 (Medium Density Residential) zoning district. The applicant is proposing to annex and zone the property to accommodate a 30 to 40 unit assisted living facility; however, no development is proposed at this time. The subject property has not been previously platted. A conceptual site plan was submitted with the AZ application that shows how the subject property may redevelop with one 9,500 square foot assisted living facility, associated parking, and landscaping. A conceptual front building elevation was also submitted that shows asingle-story structure. A Conditional Use Permit (CUP) application will be required for approval of the assisted living facility in the proposed R-8 district. The site is located at 4405 E. Ustick Road, on the south side of E. Ustick Road, approximately 3/a mile east of N. Eagle Road. This property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject application was submitted to the Planning Department for review. Below, staff has provided detailed analysis, comments, and recommended actions for the requested AZ application. Staff is recommending approval of the subject Annexation and Zoning (AZ-08-011) request as presented in the staff report for the hearing date of August 21, 2008 with a Development Agreement, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on AllgUSt 21 2008 At the public hearing they moved to recommend approval of the subiect AZ request a. Summary of Commission Public Hearing• i. In favor: Tom Whitworth , ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Clarification that the assisted living facility requires CUP approval in the future c. Kev Commission Change(s) to Staff RecommendaNon• i. None d. Outstanding Issue(s) for City Council: i. None Sgroi AZ PAGE 1 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DACE OF OCTOBER 7, 2008 The Meridian City Council heard his item nn Ortnher 7_ ?nnR At thn nnhlir hParincr •ha ouncil approved the. ubiec A7, rea ~ c ~, ummarv of itv ouncil PLblic Nearin4~ is In favor: Nu zip S roi if. Lt opposition: None 1~. Commenting• Bob Pentecost lY. Written testimony: None y. taff presenting application: Anna annin Yl. ther staff commenting on anplication• Non ~. ev Issues of Discussion by o ~ncil: 1. ccess to/from the ite is provided via N hannon Av n ~e the prop rtv wo old to be addrec ed off of N hannon Av n ~ ~. oncern about zoning the i e R-8 and a ice other than an ac i d livin fac'lity evelopin~ on the ite that may no be compatible wi h urroundin R-4 d .n itie ~, Kev Council :hanuec to staff/rnmmissinn RprnmmPndatlon i. Include as a DA provision if a residential use other than the proposed assisted living facility develops on the site that densities in excess of those allowed in the R- 4district. would not be allowed. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-08- 011, as presented in the staff report for the hearing date of October 7, 2008, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-08-011 as presented during the hearing on October 7, 2008: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ-08- O11 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4405 E. Ustick Road (Parcel #S 1104121050) NE '/ of Section 4, Township 3 North, Range 1 East b. Owner: Nunzio Sgroi 4405 E. Ustick Road Meridian, ID 83646 c. Applicant: Same as Owner Sgroi AZ PAGE 2 CITY OF MERIDIAN PLANNING DEPA~MENT STAFF REPORT FOR THE HEARING DA~OF OCTOBER 7, 2008 d. Applicant/Representatve: Thomas Whitworth, T. A. Whitworth, Architect e. Present Zoning: R-8 (Medium Density Residential) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting annexation and zoning of 3.16 acres of land from the R1 (Ada County) to the R-8 (Medium Density Residential) zoning district. h. Applicant's Statement/Justification: "The owner is requesting the rezone to accommodate a 30 to 40 unit assisted living home. We feel this would be an excellent use of the property which faces Ustick Road to the north, Ustick elementary school to the east and R-4 residential on the south and west." from Applicant's narrative submitted with the AZ application; see applicant's narrative for more information. 5. PROCESS. FACTS a. The subject application will in fact constitute a rezone as deternuned 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. Newspaper notifications published on: August 4, 2008 and August 18, 2008 (Commission); September 15, and 29, 2008 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: August 1, 2008 (Commission); September 12, 2008 (Gifu Council) d. Applicant posted notice on site by: August 7, 2008 (Commission); September 25, 2008 (City Council 6. LAND USE a. Existing Land Use(s): The property currently has two dwellings, a shop, and associated outbuildings on it. b. Description of Character of Surrounding Area: The area surrounding the subject property consists ofsingle-family residential uses and an elementary school. c. Adjacent Land Use and Zoning: 1. North: Residential property in City of Boise, zoned R-1C and L-OD (Boise City) 2. East: Elementary school, zoned A-1 (Boise City) . 3. South: Single-family residential properties in Redfeather Subdivision, zoned R-4 4. West: Rural residential property, zoned RUT in Ada County and single-family residential properties in Redfeather Subdivision, zoned R-4 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer service is located from N .Sharon Ave Location of water: Water service is located from N Sharon Ave Issues or concerns: None 2. Vegetation: There are several existing trees on the site. Several shrubs/trees are shown on the S~O1 ~ PAGE 3 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING D~ OF OCTOBER 7, 2008 concept plan. Mitigation is required for all existing healthy trees 4-inch caliper or greater that are/were removed from the site, in compliance with the standards listed in UDC 11-3B-lOC. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: R-8 (Medium Density Residential) 7. Size of Property: 3.16 acres in annexation area (2.953 acres excluding ROVE £ Landscaping: Landscaping is not required with the subject AZ application; however, landscaping in accordance with UDC standards will be required with approval of a future Conditional Use Permit or Certificate of Zoning Compliance application. g. Summary of Proposed Streets and/or Access: One access driveway to the parking area in front of the assisted.living facility is depicted on the conceptual site plan to/from E. Ustick Road. Another driveway is shown at the south end of the site to/from N. Sharon Avenue to an additional parking area. As of the print date of this report, comments have not been received from ACID. See Analysis below for more information. 7. COMMENTS MEETING On August 1, 2008 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies submitted comments on this application, which are included in Exhibit B of this report. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed R-8 zoning district complies with the medium density residential designation for this property. The planned assisted living facility is a conditional use in the proposed R-8 zoning district. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal HI, 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 property at the applicant's expense. - The subject land currently lies 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 land currently lies within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). Sgroi AZ PAGE 4 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DA~OF OCTOBER 7, 2008 - 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 land is currently serviced by the Meridian School District No. 2. This service will not change. - The subject land is currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) Staff believes that the possible future assisted living facility would be a compatible use with adjacent single family residential uses and the elementary school to the east. Require all new parking lots to provide landscaping in internal islands. (Chapter V, Goal III, Objective D, Action 3) The conceptual site plan submitted by the applicant depicts landscaping within the parking areas. Parking lot landscaping will be required with future CUP and CZC applications for the site. and shall comply with the standards listed in UDC 11-3B-8C. Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal IV, Objective C, Action 10) The subject application requests an R-8, medium density residential, zoning designation for the subject property. The Comprehensive Plan Future Land Use Map designates this property and adjacent properties to the west and south for Medium Density Residential uses. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this property and the future land use designated for other properties in this vicinity. • Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. (Chapter VI, Goal II, Objective A, Action 12) Staff is requesting as a development agreement provision that cross-access be provided to the property to the west for interconnectivity and to reduce access points on Ustick Road, an arterial street. • Insure that high-quality emergency care, primary, outpatient, home, and long-term care and' other types of health care are provided in the community. (Chapter VI, Goal V, Objective A) Staff believes that the anticipated assisted living facility would be a great asset to the community and provide a much needed health care service in the community. Staff finds that the proposed R-8 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan and surrounding uses. Sgroi AZ ~ PAGE 5 CITY OF MERIDIAN PLANNING DEPA~MENT STAFF REPORT FOR THE HEARING DA'I`S OF OCTOBER 7, 2008 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: The anticipated assisted living facility is considered a "nursing or residential care facility" per the Unified Development Code and as such, is a conditional use in the proposed R-8 zoning district. b. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: As mentioned above, the applicant is requesting to annex and zone 3.16 acres from the R1 zoning district in Ada County to the City's R-8 zoning district. The Comprehensive Plan future land use map designation for this property is Medium Density Residential, which is consistent with the proposed R-8 district. The applicant is proposing to market this property for an assisted living facility, which requires CUP approval in the proposed R-8 district. The applicant has submitted a conceptual site plan, attached in Exhibit A.2, showing how the property proposed to be annexed and zoned may redevelop with a new 9,500 +/- square foot assisted living facility. Conceptual front building elevations showing one single-story structure were also submitted with the subject application; however because the elevation did not provide very much detail, staff is not requiring the applicant to comply with that elevation, only design standards for sites that are located adjacent to an entryway corridor. One two-way driveway is depicted on the concept plan to/from the site via E. Ustick Road. Another two-way driveway is depicted to/from the site at the south end of the property via N. Sharon Avenue. Cross-access should be provided to the property to the west for future interconnectivity. Staff is generally supportive of the conceptual site plan. However, staff can not support the access point shown to/from Ustick Road. UDC 11-3A-3 prohibits access to an arterial roadway upon development of a property when access to a local street is available; access to the site is available from N. Sharon Avenue. Therefore, staff is recommending that a Development Agreement provision be included for this site that prohibits access to Ustick Road, and access instead be provided from N. Sharon Avenue. Further, cross-access should be provided to the property to the west (parcel #S1104121100) for future interconnectivity and so that property does not need access to Ustick Road in the future (see below). Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Medium Density Residential for this property, and residential and school uses of adjacent properties, Staff believes that the requested rezone to R-8 is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. . The annexation legal description submitted with the application (stamped on June 30, 2008 by James Rees, PLS) shows the property within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. Development.Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is 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. If the Commission Sgroi AZ PAGE 6 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DA~OF OCTOBER 7, 2008 or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption)., and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate at least the following: • The development of the site and any future structures on the site shall comply with the design standards listed in the UDC that pertain to sites that are located adjacent to entryway corridors. • Direct lot access to E. Ustick Road is prohibited; access to the site shall be provided from N. Sharon Avenue. Cross-access shall be provided to the property to the west (parcel #S 1104121100) for future interconnectivity. • A Conditional Use Permit is required for development of an assisted living facility on this site. No other new land use, including but not lirnited'to single-farruly, duplex, or townhouse subdivisions, shall be allowed on this site without City Council approval for modification of the .subject DA. As part of any future DA amendment, elevations shall be provided. if th ci does not develon ac an acci ed living facility ac nrnnnced rPCirlPnfial ~pncifiac in o~nncc of those allowed in the R-4 dictrict wo old nob allo~~ d • A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed assisted living facility or any other new use. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached in Exhibit A.2. • The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. • The applicant will be responsible to stub sewer and water.services to 4315 E USTICK RD parcel number S 1104121100. Contact the Meridian Public Works department for size and routing. • Any existing domestic wel'1 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 maybe 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. • Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for.abandonment procedures and inspections (208)375-5211. b. Staff Recommendation: Staff recommends that the subject property be annexed and zoned with an R-8 zoning designation, per the development agreement provisions listed in Section 10 above, and the findings listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on August 21 2008 At the aublic hearing they moved to recommend aanroval of the. subiect AZ request b Meridian itv oun it heard this .+P ctober 7..2008. A he n ~blic hearin h . .oLncil annrov .d th . ~bie t A7, rea ~ c 11. EXHfiBITS A. Drawings/Map 1. Vicinity/Zoning Map 2. Conceptual Site Plan Sgroi AZ PAGE 7 CITY OF MERIDIAN PLANNING DEPA7ZTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 3. Conceptwal Front Building Elevation B. Agency Comments C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Sgroi AZ PAGE 8 CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DA~OF AUGUST 21, 2008 A. Drawings/Map 1. Vicinity/Zoning Map CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DA~OF AUGUST 21, 2008 2. Conceptual Site Plan ~a °~ ~ N ~~~ , . -~ ~~~~ ~ - ; ~ §~ m' ~88~'b i ~ i ,b ~ ~0 r 1 D r~ ~ ~ z rrtt - r-,-..~.. 'a l~ .' 'J, 'l, I ~ ~ ~~. ~~ , l .. _ .~~ ~~ _ . - ~' ~ I ~ ,~~- ,~~ ~~ .~ ~ ~ ~ ~ ~I I ~ ~~, ' , .,,,~ ,, i ,~ ~ ~!~ ~ tz ,. ~~a ~~_ ~ ~ ,~, CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 3. Conceptual Front Building Elevation 'FRC71~E~: BUILDtNCs ELEYA7fOSd"" CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 B. Agency Comments 1. PLANNING DEPARTI4IENT 1.1 The annexation legal description submitted with the application (stamped on June 30, 2008 by James Rees, PLS) shows the property within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. 1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). 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: a. The development of the site and any future structures on the site shall comply with the design standards listed in the UDC that pertain to sites that are located adjacent to entryway corridors. b. Direct lot access to E. Ustick Road is prohibited; access to the site shall be provided from N. Sharon Avenue. Cross-access shall be provided to the property to the west (parcel #S 1104121100) for future interconnectivity. c. A Conditional Use Permit is required for development of an assisted living facility on this site. No other new land use, including but not limited to single-farnily, duplex, or townhouse subdivisions, shall be allowed on this site without City Council approval for modification of the subject DA. As part of any future DA amendment, elevations shall be provided. the site doec not develop a an a iited livin facility a mono d recidential denciNec in excecc of hoce allow d in h R 4 di ric ~~opld no be allowed. d. A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed assisted living facility or any other new use. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached in Exhibit A.2. e. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. f. The applicant will be responsible to stub sewer and water services to 4315 E USTICK RD parcel number S 1104121100. Contact the Meridian Public Works department for size and routing. g. 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, within 6 months after the date of annexation ordinance approval. 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. h. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 rnonths a$er the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Sharon Ave. The applicant shall install mains to and through this subdivision; applicant shall CITY OF MERIDIAN PLANNING DEPA~M'ENT STAFF REPORT FOR THE HEARING DA~OF AUGUST 21, 2008 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 N Sharon Ave. 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 will be responsible to stub sewer and water services to 4315 E USTICK RD parcel number S 1104121100. Contact the Meridian Public Works department for size and routing. 2.4 The City of Meridian requires that pressurized imgation 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 fmal plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on a final plat by the City Engineer. 2.6 All imgation 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 irrigationldrainage 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 an issuance of any occupancy permits. 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. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe 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 footings is 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. 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 applicant'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 shal'1 be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4 'h" outlets. 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 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 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. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure. CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DA~OF AUGUST 21, 2008 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). 3.7 There shall be a fire hydrant within 100' of all fire department connections. 3.8 The proposed use will require the building to be equipped with fire sprinklers. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 SITE SPECIFIC CONDITIONS OF APPROVAL This application is for an annexation and rezone only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 6.1.1 Complete one of the following for Ustick Road: • Construct a 5-foot detached concrete sidewalk, a minimum of 41-feet from the centerline of the roadway OR; • Provide the District with a road trust in the amount of $7,205 (262 ft(frontage) x $25/per linear foot x 10%) for construction of the sidewalk with the District's scheduled road widening project. 6.1.2 Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 6.1.3 Construct one full access driveway intersecting Arch Drive. The driveway shall be no wider than 36-feet, and paved its full width at least 30-feet into the site. 6.1.4 Close the existing driveway on Ustick Road. CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 6.1.5 Other than access specifically approved in this application, direct lot access to Ustick Road is prohibited. 6.1.6 Comply with all Standard Conditions of Approval. 6.2 STANDARD CONDITIONS OF APPROVAL 6.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 6.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 6.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 Comply with the District's Tree Planter Width Interim Policy. 6.2.6 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. 6.2.7 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 ACFID Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.8 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. 6.2.9 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. 6.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that tune. 6.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-15'85) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHp Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 6..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. 6.2.13 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 awaiver/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. CITY OF MERIDIAN PLANNING DEP~MENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 C. Legal Description & Exhibit Map I:EG;l~i DESGRL~TIgN !FpR: :TEXATIO~T J R~70 ~,A ~rtti~n ~f ~c~v~etat'. T,ot Rio. ?: ~stuated'~ in the NE '/; flf SectiOn• ~ u~ Tom Islip 3 I~:., Rasg'e 1~.,, Bo,~se=AReridan. Meladan; -Ada Cqumy~, Td~aho C'.oile~cii~g ~c the ~~l~on comer co~rzon toy Sections 33~ a~ ~~, Tow~slup 4:',R~., R~,~e lE:,~I3oise~Iviertdian, and Sectiing 3 and 4., ~'ow~t~hp 3 ;ice. t., ~ange,l E., Boise vleridian.~; ,~hcnce ~isitla 89°44 17r~' DVest..1~2~€ $;Zl ,feet to a pourt, said pomt'~ing• the nardeast: comer ~vf Croveiltiiaent~Loi 1Vo. 2• and 'THEE REAL P~IN~ ~F ~~~iNNTIv Thence SoutTi Qp°2'25"''GVest 33 f}O:feet-o an~iron pins Thence cos~inuing_;~csuth:04°~2~25" West 5:f_~:p? feec,~. tin iTOn.pin Th~are lv:orth 6'3°.53' 17''' West.2'-73 76 feet to an irga p~ with plasmic cap; Thence vort6 04°.48'~T7" `Vest 44:40 fect~to .an iron pin; •4 Whence co~a[~au~;itortl~-UO°4:$~?1.T' ~`esfi ~~3;00 ~e~ to a poiu~ a~-the secta~ ~a `I:hence Sot~h'89°44' 17" fast 26~ 2$ fezt to 'i'ce RE-AX..PO'IT~~'' G?F BECrIl~il~lI~G' Corupr~shtig'.a calcul~t~1 ~-oi'' 3~ 16 acres,, mole or lest: +q~1/IEW . A~ ~BY~ - ._ ~UL 16.20g8~ :Mi;FtiDIA4~. PUBLtG e 1V1~~ttOK1tS DEPT? CITY OF MERIDIAN PLANNING DEP~NIENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 A~ ~` .,d L. r e ~scat~~ . f~ • ~6o~r RECORD OF SURVEY A -I~ORTION 6~ ~`aV'T, LOT No 2 ~I'TUA7 NV1li/4N'EI/4, S.ECTIbN 4, ~T ~-1`J , ~2=:1:~.,, ~.'11~'.a ML:RFDI ID~N_0. - ':200.8 f~ASI~ 4.F ~~ARrNr,y:r r~. tai: "~PiLARGED DEJAlLJ~~ ~tJ~TSi ~6~~a. '~ _, ~~d~ ~ ~: '1~l,L. {~F ROA¢~ ~'ERTY OpY},~tLR~'~ ~~. CITY OF MERIDIAN PLANNING DEPA~MENT STAFF REPORT FOR THE HEARING DACE OF AUGUST 21, 2008 D. Required Findings from Unified Development Code Annexation and Zoning 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 annex and zone all of the subject property to R-8. If the applicant complies with the DA provisions, 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. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the anticipated use of the property for an assisted living facility is consistent with the requested R-8 zoning district and future land use map designation of Medium Density Residential for this property. 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. 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, If the applicant complies with the DA provisions, 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. b. The annexation is in the best of interest of the City (IJDC 11-SB-3.E). The City Council finds that the annexation and zoning of this property to R-8 would be in the best interest of the City. y~ ~} October 24, 2008 MERIDIAN CITY COUNCIL MEETING ;~«• CUP 08-O1 b October 28, 2008 APPLICANT Maverik, Inc. ITEM NO. 5-D REQUEST Findings for Approval -- Request for CUP approval for a convenience store 8~ fuel sales facility in a C-N zoning district per requirement of the DA for Maverik (locust Grove / McMi9lan) -- NEC of N. Locust Grove 8~ McMillan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: A CITY FIRE DEPT: ~/~t ~~~~ 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 Clty of Meridian. C~ CITY OF MERIDIAN FINDINGS OF FACT,. CONCLUSIONS OF LAW AND DECISION & ORDER • . E_ , IDIAN~;--- IDAHO In the Matter of Conditional Use Permit for a Convenience Store and Fuel Sales Facility in a C-N Zoning District per Requirement of the Development Agreement, by Maverik Inc. Case No(s). CUP-08-016 For the Planning & Zoning Commission Hearing Dates of: July 3, and 17,.2008, and the City Council hearing date of October 7, 2008 (Findings scheduled for October 28, 2008) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 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 (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Ti-tle 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-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), CUP-08-016 Page 1 u C~ 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 Site Plan, Building Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 3, 2008, incorporated liy 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional Use Permit as evidenced by having submitted the site plan dated 4/9/08 and building elevations, dated 1/25/08, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 3, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a rnaxirnurn period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single~extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional tune extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW .AND DECISION & ORDER CASE NO(S). CUP-08-016 Page 2 require the conditional use comply with the current provisions of Meridian City Code Title 11. 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 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 maybe 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 maybe 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 July 3, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-016 Page 3 • • By action of the City Council at its regular meeting held on the ~~ day of /®~~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED f ~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~,~,Q,B~ COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~r (TIE BREAKER) Mayor Ta e Weerd Attest: ``~,. `~~`~ OF ~~0~,9y,,~' a~ORar .~ Fo Jayce olman, itylCle .~ ~ ,~ yoq . ~sT ~ s~ , ~p `,,. '~, P ~~` Copy served upon Applid~j~{~(p~~~eparhnent, Public Works Department and City ~~~~riiii n~~~~~~~~ Attorney. By: Dated: 1 ~- 31 ~ ~~- Ct erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-Oi6 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3. 2008 STAFF REPORT Hearing Date: July 3, 2008 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner ' ~ E IDIAN~'' (208) 884-5533 I D A H O Si.TBJECT: Maverik (Locust Grove/McMillan) • CUP-08-016 Conditional Use Permit for a convenience store and fuel sales facility in a C-N zoning district, per requirement of the Development Agreement • DES-08-.020 Design Review for structure/site located adjacent to an entryway corridor, per requirement of the Development Agreement and UDC 11-3A-19B 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Maverik, Inc., is requesting Conditional Use Permit (CUP) approval for a Maverik convenience store and fuel sales facility, per requirement of the Development Agreement (DA) for Woodland Springs Subdivision. Design Review approval of the proposed structure and site is also requested with this application, per requirement of the DA and UDC 11-3A-19B. The property is located on the northeast corner of N. Locust Grove Road and E. McMillan Road. A final plat has been approved, but not yet recorded, that depicts the subject property as Lot 1, Block 1, of Woodland Springs Subdivision No. 1. The site is currently zoned C-N and consists of 1.42 acres. 2. SUMMARY RECOMMENDATION The subject applications (CUP-08-016 & DES-08-020) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis for the requested CUP & DES applications below and recommended conditions of approval for the CUP application. Staff recommends approval of CUP-08-016 for Maverik, as presented in the Staff Report for the hearing date of July 3, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. Note: Per UDC 11-SA-2, Design Review (DES) applications are approved at the administrative level by the Planning Director. However, because DES approval is requested concurrently with the CUP, Staff has included analysis on the DES request in this staff report; the DES application does not require Commission action. The Meridian Planning & Zoning Commission heard this item on July 3, and 17, 2008. At the public hearing on July 17, 2008 they moved to approve the subiect CUP request. Findings of Fact and Conclusions of Law were. approved by the Commission on August 7, 2008. After Commission approval of the Findings, the applicant requested City Council review of the Commission's decision, which was granted. A new public hearing was scheduled for October 7, 2008. At the hearing on October 7, 2008, the City Council .granted approval of the applicant's request for no restrictions on the hours of operation for the convenience store & fuel sales facility .(see summary of City Council hearing below). a. Summary of Commission Public Hearing: i. In favor:. Dan Murray:.Todd Meyers ii. In opposition: Jeff Greene; Andy Mitchell; Kimberly Mitchell; Judy Horlacher; JoAnn Horlacher; Doug Racine iii. Commenting:. None Maverik Locust Grove-McMillan CUP Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~DATE OF JULY 3, 2008 iv. Written testimony: Val Greenspan; Jason O'Very; Liz Pew; Susan Greenman• Bart Naylor; John R. Knowles III v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. KeY Issue(s). of Discussion by Commission: i. ACHD's .plans for widening .and signalizing the intersection; ii. The effect of the proposed convenience store and fuel sales facility on adiacent residential properties; iii. Limitation on hours of operation. c. Key Commission Change(sl to .Staff Recommendation: i. Add condition of approval for the hours of operation of the convenience store and fuel sales facility to be restricted to the hours between 6 am and 11 pm 7 days a week (see condition of approval #1.15 in Exhibit B); ii. Add condition of approval for the requirement of a stage 1 vapor recovery system to be installed for the fuel facility (see condition of approval #1.16 in Exhibit B); iii. Add 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 the curb. Applicant shall also be responsible for maintaining this area (see condition of approval #1.17 in Exhibit B). iv. Add condition of approval for the applicant to submit a road trust to Ada County Highway District for a minimum of five foot wide detached sidewalk on McMillan Road once that road has. redeveloped. (see condition of approval #1.18. in Exhibit B). ~, ummarv of City C ouncil Public Hearin 1. avor: Clint Boyle: Matt Mor an: Don .'llva ~i t: hri tie Han n: .d Hans n: eremv Towers ii. In onvosition: : Brad Van Mueller: and Tammy Farm None 111. CommendnP: None iY. Written testim ony: None y. taff vresentin g application: Anna annin yl. Other ctaff com menting on application• None 1>!. ev Iccuec of Dic ~ c ion by ouncil• 1. ours of opera tion for the propoced convenience core/fuel sale facility ~, ey ouncil ban ec t ommiccion Recnmmendatio .Council approv ed the avvlican 'c rea sec o remove he rec ricdon on the hourc o operation to all ow the convenience store and fLel calec facility to overate 24 ho arc av. 7 days a w eek with the intention ha he ho ~r of oueration no .Chan a for o her b ~ildin on the property. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 016 as presented in the staff report for the hearing date of July 3, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission meeting on July 17, 2008. Maverik Locust Grove-McMillan CUP Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2008 Denial After considering all Staff, Applicant,. and public testimony, I move to deny File Number CUP-08- 016, as presented during the hearing on July 3, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission meeting on July 17, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-016 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: The site is located on the northeast corner of N. Locust Grove Road and E. McMillan Road (Depicted on the approved final plat for Woodland Springs Subdivision No. 1 as Lot 1, Block 1) Southwest '/o of Section 29, Township 4 North; Range 1 East b. Owner: Maverk, Inc. 880 W. Center Street North Salt Lake City, UT 84054 c. Applicant/Contact: Brad McDougal, Maverk, Inc. 880 W. Center Street North Salt Lake City, Utah 84054 d. Present Zoning District: C-N (Neighborhood Business District) e. Present Comprehensive Plan Designation: Mixed Use -Neighborhood f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval fora 4,377 square foot convenience store and fuel sales facility for Maverik in a C-N zoning district. Design Review approval is also requested for the proposed structure and site. g. Description of Applicant's Justification for CUP Approval: Taken from Applicant's narrative: "Maverik is proposing a 4,377 square foot convenience store with 5 fueling dispensers located on the northeast corner of Locust Grove and McMillan Road. The Maverik lot will contain approximately 1.42 acres and-shall have access through the adjoining lots to both Locust Grove and McMillan Roads. Cross-access easements will be recorded." 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. The subject application will, in fact, ,constitute design review as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2D, this type of application is approved at administrative level by the Director. Maverik Locust Grove-McMillan CUP Page 3 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF NLY 3, 2008 c. Newspaper notifications published on: June 16, and 30, 2008 (Commission); September 15, and 29, 2008 .(City Council) d. Radius notices mailed to properties within 300 feet on: June 6, 2008 (Commission); September 12, 2008 (City Council) e. Applicant posted notice on site by: June 20, 2008 (Commission); September 28, 2008 (City Council 6. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: The surrounding area consists of rural and urban single-family residential uses and an Idaho Power substation. The adjacent property to the east has been approved for Portico Subdivision, a 26 lot residential development, but is not yet in the development process. c. Adjacent Land Use and Zoning 1. North: Rural residential property, zoned RUT (Ada County) 2. East: Rural residential property, approved fora 26-lot residential subdivision (Portico), zoned R-8 3. South: Idaho Power substation, zoned R-8 4. West: Rural and urban residential properties, zoned RUT (Ada County) & R-4 d. History of Previous Actions Pertaining to this Site: • A Comprehensive Plan Map Amendment (CPA-07-014) was approved (Resolution #08- 593) in 2008 to change the future land use map designation for the subject property, and Woodland Springs subdivision as a whole, from Medium Density Residential to Mixed Use -Neighborhood. • This property was annexed (AZ-07-014, Ordinance #08-1349) in 2008 with a C-N zoning district. A Development Agreement .(Instrument #108022886) was approved and recorded with the annexation .that included provisions for development of the property. Specific provisions of the DA required CUP approval for a convenience store/fuel station use on the subject property and DES approval of the proposed structures and site. • A Preliminary Plat (PP-07-019) for Woodland Springs Subdivision was approved with the AZ and CPA applications. The PP consisted of 4 commercial building lots on 7.55 acres. • A Final Plat (FP-08-.003) was approved in 2008 for the first phase of Woodland Springs subdivision consisting of 3 commercial building lots and 1 common lot on 4.52 acres. • A Final Plat Modification (MFP-08-004) has been submitted to modify the landscape plan approved with the final plat for Woodland Springs Subdivision No. 1, as shown in Exhibit A.4; the hearing is scheduled for the July 8, 2008 City Council meeting. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Main is to be installed with the Woodland Springs Subdivision. Services will need to be installed to the new purposed building. Maverik Locust Grove-McMillan CUP Page 4 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 20.08 Location of water: Main is to be installed with the Woodland Subdivision. Services will need to be installed to the new purposed building. Issues or concerns: None 2. Vegetation: There are no existing trees on the site. Several existing trees were previously removed from the site and are being mitigated for in compliance with the requirements listed in iJDC 11-3B-10, as shown on the landscape plan. 3. Floodplain: NA 4. Canals/Ditches Irrigation: There are no waterways that currently run through the subject property. However, the Lemp Canal is proposed to be relocated from the south side of McMillan Road to the north side ofMcMillan within the street buffer area on the subject property. See below for details on landscaping in this area. 5. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: C-N 7. Lot Size: 1.42 acres £ Conditional Use Information: 1. Non-residential square footage: 4,377 square feet 2. Hours of Operation: 24 hours per day, 7 days a week g. Off-Street Parking: 1. Parking spaces required: 9 2. Parking spaces provided: 26 (including 2 handicap stalls; not including spaces in fueling area) 3. Compact spaces proposed: 0 Per UDC 11-3C-6B, one parking space is required per S00 square feet of gross floor area in commercial districts; the proposed parking exceeds this requirement. h. Landscaping 1. Width of street buffer(s): A minimum 35-foot wide buffer is required to be constructed along E. McMillan Road, an entryway corridor and minor arterial street. A minimum 25-foot wide buffer is required to be constructed along N. Locust Grove Road, a minor arterial street. Landscaping within the street buffers shall comply with the landscaping standards listed in UDC 11-3B-7. 2. Width of buffer(s) between land uses: NA (There are no residential uses that abut this site.) 3. Other landscaping standards: Parking lot landscaping is required in accordance with the standards listed in UDC 11-3B-8C. i. Required dimensional standards for the C-N zone, per UDC 11-2B-3: DIMENSIONAL STANDARDS' C-N Front setback in feet 20 Rear seffiack in feet 25 Interior side setback in feet 0 Street landscape buffer in feet Local 40 Collector 20 Maverik Locust Grove-McMillan CUP Page 5 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF JULY 3, 2008 DIMENSIONAL STANDARDS" C-N Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential uses 20 [see note below] in feet "" Maximum building height in feet 35 Maximum building size without 7,500 design standard approval as set forth in 11-3A 3 in square feet Parking requirements See Chapter 3 Article G. 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. Note: Per UDC 11-4-3-20 (Specific Use Standards for Fuel Sales Facility) requires the total height of any overhead canopy or weather protection device to not exceed 20 feet. The proposed canopy height is 19 feet measured from finish grade to the top of the canopy, which complies with .this requirement. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access for this site is proposed from one off-site access point to/from N. Locust Grove Road and one off-site access point to/from E. McMillan Road across Lot 2, Block 1, of Woodland Springs Subdivision No. 1 via a blanket cross-access easement depicted on the final plat. No additional access points are proposed with this application and none are approved. A blanket cross-access easement is depicted on the final plat for all lots within the subdivision. Staff and ACRD are supportive of the proposed off-site access points to the .site. Please see Staff's comments below in Section 10, for more information. 7. COMMENTS MEETING On June 13, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: 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 The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Neighborhood." In Chapter VII of the Comprehensive Plan, rrrixed use areas generally provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of the mixed use designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility. Areas designated as "Mixed Use -Neighborhood" are allowed up to 10 acres of non-residential uses; up to 100,000 square feet of non-residential building area; and residential densities of 3 to 8 dwelling units per acre. Sample uses include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundrornat, salons; daycare, professional offices, rnedical/dental clinics, retaiUgift shops, schools, parks, churches, clubhouses, and public uses. Staff finds that the Maverik Locust Grove-McMillan CUP Page 6 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF JULY 3, 2008 request generally conforms to this stated purpose and intent of the Mixed Use -Neighborhood designation within the Comprehensive Plan. 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): • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on arterial streets." (Chapter VI, Goal II, Objective A, Action item 12) There are two access points to/from Woodland Springs Subdivision from adjacent arterial streets; one from N. Locust Grove Road and one from E. McMillan Road. The subject property is accessed via a blanket cross-access easement across Lot 2, Block 1 that is depicted on the final plat for all lots within the subdivision. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) A 2S foot wide landscape street buffer was required along N. Locust Grove Road, a minor arterial street; and a 35 foot wide landscape buffer was required along E. McMillan Road, a minor arterial street and entryway corridor, with approval of the plat. Said buffer should be landscaped in accordance with the standards listed in UDC 11-3B-7C and installed with the improvements for the subdivision. • "Permit new .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) This property is currently in the City and is able to be provided with City services. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The proposed convenience store and fuel sales facility is the only such business in the general vicinity. It is expected that a variety of commercial/office uses will develop on the adjacent lots in Woodland Springs Subdivision. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Internal parking lot landscaping is proposed with this application and should be installed and maintained in accordance with the applicable standards listed in UDC 11-3B-7 and 11- 3E-8. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the existing and future surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table. 11-2B-2 lists the principal permitted, accessory, and conditional uses in the C-N zoning district. Retail stores, personal or professional services, healthcare or social services, and restaurants are all principal permitted uses in the C-N district. Fuel sales facilities required CUP approval in the C-N zoning district. Additionally, there Maverik Locust Grove-McMillan CUP Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 is specific use standards listed in UDC 11-4-3-20 for fuel sales facilities that the applicant must comply with. b. Purpose Statement of the Commercial Districts: 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. The allowed uses in the C-N district are primarily small-scale convenience type uses. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP request as proposed, with the following comments: CUP: The applicant submitted two site development plans (included as Exhibits A.2 & A.3) for the property. The site plan labeled as "CUP Site Plan" shows the proposed off-site access from Locust Grove; the site plan labeled as "Architectural Site Plan," Sheet C-0.1 shows the proposed off-site access from McMillan. Both of the site plans depict a 4,377 square foot convenience store with an outdoor picnic area and 5 fueling islands. Per UDC 11-2B-2, retail uses are principal permitted and fuel sales facilities are a conditional use in the C-N district. However, the existing Development Agreement for Woodland Springs Subdivision specifically requires CUP approval for the proposed convenience store and fuel sales facility. Dimensional Standards: Per UDC 11-2B-3, there is a 20-foot front setback and 25-foot rear setback requirement in the C-N zoning district. There is not a required setback on interior sides. Where landscape buffers are required, buildings must be setback at least the width of the required buffer, regardless of the required setback. The maximum building height in the C-N district is 35 feet.; the highest peak of the proposed convenience store structure is 28'7", which complies with this requirement. Additionally, per UDC 11-4-3-20, the maximum height for overhead canopies or weather protection devices is 20 feet; the proposed fuel canopy is 19' which complies with this requirement. Fuel Sales Facility: Per UDC 11-4-3-20, there are Specific Use Standards that apply to the proposed fuel sales facility use of the property as follows: - When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. The proposed fuel islands do not occupy more than 25% of the subject property. - The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). The proposed canopy height is 19 feet, which complies with this requirement. - Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10') of any abutting residential districts. The submitted site plan shows adequate stacking area on the site outside of the fueling areas. No residential uses or districts abut the site. - If the use is unattended, the standards in accord with Section 11-3A-11 of this Title shall also apply. Not applicable (the use is attended) Building Elevations: Building elevations for the proposed convenience store and fuel canopy were submitted with this application and are included in Exhibit A. Exterior materials for the Maverik Locust Grove-McMillan CUP Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF NLY 3, 2008 convenience store are proposed to be EFIS (Exterior Insulation and Finish System - i.e. synthetic stucco) with stone veneer accents. The roof and awning are proposed to be metal. Building materials for the fuel canopy are proposed to be pre-finished metal trim with vinyl to match the convenience store. The fuel canopy columns are proposed to be clad with aluminum and match the color of the EIFS, and the bottoms will be accented with cultured stone veneer. Further, the fuel canopy is proposed to consist of materials that coincide with those proposed on the convenience store. The proposed building and fuel canopy shall be constructed in accordance with the elevations shown in Exhibit A. Staff is generally supportive of the proposed elevations with the conditions noted below under the Design Review section. Access: Access for this site is proposed from one off-site access point to/from N. Locust Grove Road and one off-site access point to/from E. McMillan Road across Lot 2, Block 1, of Woodlanii Springs Subdivision No.l via a blanket cross-access easement depicted on the final plat. No additional access points are proposed with this application and none are approved. Direct lot access to N. Locust Grove Road and E. McMillan Road is prohibited. A blanket cross-access easement is depicted on the final plat for all lots within the subdivision. Staff and ACRD are supportive of the proposed off.-site access points to the site. Parking: Per i1DC 11-3C-6B, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. Based on the total square footage of structures on the site (4,377 s.£), 9 parking stalls are required; 26 spaces are currently provided including 2 handicap stalls (parking under the fuel canopy is not included). Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces, or portion thereof, in compliance with the standards listed in UDC 11-3C-SC. Per this requirement, a minimum of 2 bicycle spaces are required to be provided on the site. Site Plan: Staff has reviewed the site plans included in Exhibit A submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: (Note: The scale on the plan labeled `Architectural Site plan" appears to be a little off, please correct the scale so that it matches the dimensions depicted on the plan.) Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in compliance with the standards listed in UDC 11-3C-SC. • An internal pedestrian pathway is required to be constructed at the northeast corner of the convenience store northeast across the drive aisle as shown in Exhibit A.7 (per the Development Agreement). Said pathway shall be distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise plan accordingly to comply with this requirement. Landscaping: Staff has reviewed the landscape plan, included as Exhibit A.4, submitted with this application. The following items should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance: (Note: The scale appears to be off a little; revise the plan to coincide with the dimensions on the site plan per the requested modifications.) • Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and • shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise plan accordingly to comply with this requirement. Maverik Locust Grove-McMillan CUP Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 The three existing trees shown within the 30-foot wide irrigation easement shall be relocated on the site if the easement holder does not allow trees within the easement. Provide street buffer landscaping within the buffers along Locust Grove Road and McMillan Road in accordance with the landscape plan approved with the fmal plat (prepared by Landmark Engineering & Planning, dated 1/30/08, stamped by Jed Wyatt on 4/24/08). In order to vary from the approved landscape plan, a final plat modification application shall be submitted for approval by City Council for an amendment to the approved landscape plan. (The applicant has submitted a final plat modification application to the City that is scheduled to be heard by City Council on 7/8/08.) Sidewalks: The architectural site plan depicts 5-foot wide sidewalks along N. Locust Grove Road and E. McMillan Road. Per UDC 11-3A-17C, detached sidewalks shall be required along all arterial streets. Staff recommends that minimum 5-foot wide detached sidewalks be constructed along both Locust Grove and McMillan Roads in compliance with the standards listed in UDC 11-3A-17. Note: ACFID is planning to construct the sidewalk along McMillan on the south side of the relocated Lemp Canal. Internal Pedestrian Walkways: As a provision of the DA for this site, internal pedestrian walkways shall be constructed as shown on the concept plan attached in Exhibit A.7, approved with the plat (shown in Exhibit C of the DA). The concept plan depicts a pathway at the northeast corner of the convenience store northeast across the drive aisle that is not shown on the site plan; this pathway shall be shown on a revised site plan. Multi-Use Pathway: Per the Meridian Pathways Master Plan, the City's multi-use pathway system is not planned to cross this site. A portion of the pathway is planned along the south side of McMillan Road, but has not yet been constructed. Outdoor Seating; An outdoor seating area is depicted on the site plan that consists of a couple of picnic tables covered by a trellis structure within a landscaped area to the north of the convenience store. This amenity was required as a provision of the DA. Staff is supportive of the proposed outdoor seating area. Fencing: An 8-foot tall solid vinyl fence is proposed along the southeast corner of the building to screen the outdoor service and equipment area, in compliance with the standards listed in UDC 11-3A-12. Staff recommends this area be screened as proposed. Hours of Operation: The proposed hours of operation for the convenience store and fuel facility are 24 hours a day, 7 days a week. Staff does not object to the proposed hours of operation. However, the Commission should rely upon any public testimony provided to determine if the proposed hours of operation will be compatible with neighboring residential uses. Ditches, Laterals, and Canals: There are no ditches, laterals, or canals that currently traverse this site. However, a 30-foot wide Settler's irrigation easement is depicted on the site plan along the south property boundary where the Lernp Canal is proposed to be relocated by ACRD from the south side of McMillan Road. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered, Note: Because ACRD is relocating the Lemp Canal, a waiver is not required to be obtained by the applicant from the City Council if it is left uncovered; ACHD does not intend to cover it. 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is Maverik Locust Grove-McMillan CUP Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .NLY 3, 2008 utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for the proposed convenience store and fuel facility. The site/landscape plan submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new use. All improvements must be installed prior to occupancy. DESIGN REVIEW: Per the Development Agreement, all structures on the site are subject to the design review standards listed in UDC 11-3A-19C. This site is also subject to design standards because it is located adjacent to McMillan Road, an entryway corridor. The applicant has applied for Design Review approval of the proposed structures on the site with the subject CUP application. The applicant shall comply with the design standards listed in UDC 11-3A-19C as follows: 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. The facades of the c-store visible from McMillan & Locust Grove Roads have modulation, roof line recesses, and projections that meet this requirement. However, the facade of the fuel canopy does not comply with this requirement; the applicant shall revise the elevations to comply with this requirement, or relocate the canopy so it is not visible from a public street. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural .design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. The primary building entrance for the convenience store is defined by the architectural design of the building and an awning over the entrance. The windows and awnings shown on the west and south elevations exceed the required 30% of the facade. This requirement does is not applicable to the fuel canopy. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves., b) sloped roofs; c) two (2) or more roof planes; d) varying parapet.heights; and e) cornices. The proposed roof design of the c-store incorporates two roof planes, two parapet heights, and cornices, which complies with this requirement. The roof line proposed for the fuel canopy does not comply with this requirement; the applicant shall revise the elevations to closer correspond with the design of the c-store roof line. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. The building design of the convenience store incorporates 2 d~erent colors of EFTS (synthetic stucco) with stone veneer, which complies with this requirement. The building design of the fuel canopy incorporates pre-finished metal trim, aluminum cladding around columns, and vinyl with cultured stone accents. A mix of colors is proposed on the fuel canopy. The design of the c-store and fuel canopy complies with this requirement. Maverik Locust Grove-McMillan CUP Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. An 8 foot tall fence is proposed to screen service equipment at the southeast corner of the building. All rooftop mechanical equipment shall be screened by the parapet as required. No mechanical equipment is proposed on the roof of the fuel canopy. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-.like synthetic materials.. Smooth- faced concrete block, tilt-up concrete panels; or prefabricated steel panels are prohibited except as accent materials. Exterior building materials for the c-store are proposed to be two different colors of EFIS (Exterior Insulation and Finish System - i.e. synthetic stucco) with stone veneer accents. The roof and awning are proposed to be metal, which complies with this requirement. Building materials for the fuel canopy consist of pre- finished metal trim to match the roof/awning on the c-store, vinyl, and stone and aluminum clad columns. Several different colors are proposed on the canopy. Staff believes the colors and materials proposed for the c-store and fuel canopy comply with this requirement. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. The parking shown on the site plan complies with this requirement. (This requirement does is not applicable to the fuel canopy.) 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or .temporary structures. An 8 foot wide walkway is proposed from the sidewalk along Locust Grove Road to the sidewalk leading to the main entrance of the convenience store. An 8 foot wide walkway is not required (per the DA) from the sidewalk along McMillan to the main building entrance because ACHD proposes to not cover the Lemp Canal. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The internal pedestrian walkway that is proposed from Locust Grove Road to the sidewalk leading to the main building entrance should be constructed of decorative stamped concrete, as proposed. The pathway required from the sidewalk along McMillan Road to the main building entrance shall also be constructed of stamped concrete (unless the Lemp Canal remains open, in which case a pathway is not required). (This requirement does is not applicable to the fuel canopy.) c. Walkways. at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. NA (This requirement does is not applicable to the fuel canopy.) d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. The elevations show an Maverik Locust Grove-McMillan CUP Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 awning over the main building entrance, which complies with this requirement. (This requirement does is not applicable to the fuel canopy.) b. Staff Recommendation: Staff recommends approval of CUP-08-016 for a convenience store and fuel sales facility, as presented in the Staff Report for the hearing date of July 3, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard this item on July 3, and 17, 2008. At the public hearing on July 17 2008 they moved to approve the subject CUP request. Findings of Fact and Conclusions of Law were approved by the Commission on August 7, 2008. After Commission approval of the Findings the applicant requested City Council review of the Commission's decision which was granted Anew public hearing was scheduled for October 7 2008 t th hearin on O ober 7 2008 the ItV COUnCII ~r:lOtPfj annrnval of tha annlirant~c rnn^ ODeratlOn .for the OllVenience stnrp .Q~ f_i_^_nl_ caloc f_a_r;_1_;_t. ( cnmmar Of ltV O lnci hearing belowl. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. CUP Site Plan (prepared by Dixon + Associates, dated 4/9/08) 3. Architectural Site Plan (prepared by Dixon + Associates, dated 1/29/08) 4. Landscape Plan (prepared by Dixon + Associates, dated 1/29/0.8, labeled as Sheet L1.0) 5. Building Elevations 6. Fuel Canopy Elevation 7. Conceptual Site Plan Approved with the Preliminary Plat 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 C. Required Findings from the Unified Development Code Maverik Locust Grove-McMillan CUP Page 13 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF JULY 3, 2008 A. Drawings 1. Vicinity Map .Exhibit A Page 1 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF JULY 3, 2008 2. Site Plan (prepared by Dixon + Associates, dated 4/9/08, labeled as Sheet CUP Site Plan) Exhibit A Page I CITY OF MERIDIAN PLANNI~DEPARTMENT STAFF REPORT FOR THE HEAIaNG DATE OF JULY 3, 2008 3. Architectural Site Plan (prepared by Dixon + Associates, dated 1/29/08) c- ~~~ ~~~ II s~ 9 EAST ~• ia~'" . Seutu arom e .sd-w..., L• ..e "'" ~~ ETOiE 6IQx m :.~, EIAYERIR loa „¢o,.,e OE am Sl LOUnl Crote m pd 6 AteNIOm pmd .-m.~... elslous~ m easa: usEm: ~~ °°m. ~e~ ofum e., w SITE OIITA °p "6TdLL° AHCHITECTIIMI `NO1 wm mw, z~.rsa ~v. spE VtAp rt..n eoeee~ iecsus, wn er. wb ue esxee, wr , ce,~iT a~ iicre av C-0.t ~~~ yam 0 .~-~~_ ...= 1~iSCpEEp WAIL (~ OUMPSTEp .~. s• . ~ Exhibit A Page 1 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF JULY 3, 2008 4. Landscape Plan (prepared by Dixon + Associates, dated 1/29/08, labeled as Sheet L1.0) ~~F E T~ T~! ! caY°~oon //// 81TF DATA r>:acdo. 1A-Lr~.e r+v Ark g.. rc~~y i«.:Ia.> pa SE. 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Building Elevations (prepared by Dixon + Associates, dated 1 /25/08, labeled as Sheets A-2.1 and A-2.2) ~~ ~ ;~_ l 1 vi l 1 J -,- 1 - -- ,i r r - - ~_~ ~fR®rE1EVEn0tl v.... _ "3~'~~. ~s~ _ Ef04F sEa mwg4dc ncma a adn ea a 4re./m, et 8 c - - ~ntsxr tmE EIEYlNU a~ ~ /1 xEae bEVentltl ~^ B 9 ww¢ sm Yil7[HVIrc. EY CpoO M BIE[I B6 64rm tlbm enmtl4mgaE - - ~. n .-- may-: - _ _ - ~~R D~mE +IEYOiIU~ __ w ~~ tl une uon wnu ~~ Exhibit A Page 1 CITY OF MERIDIAN PLANNIN~EPARTIvIENT STAFF REPORT FOR THE HEAI~G DATE OF JULY 3, 2008 /ti ~ REEERFACEO ROTEf: I ~ J I ~e I e ^ ~ O~. I 3 ^ I \ i-~~mi g. . . fir. ~~~.. 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THE OWNER WILLPROWDE AND INSTALL EYERTTNING ELSE t~° ~ ev~$'~----~- ,e,. ~,~ -_______ ~ .. ~ .... e-------- ............. ..... . per... o.~..e,.., p..a..,....~ ~~ ~~ ~`a"" p'~~o:aw me O~ ~+~~~ p~.~,~e6~~ „~-~; mp4~ o~.m.._~.~. p......m tLie FfORE A2Ya tlAYERIR,bu. NE am o7 torwt Crove R0, a Mcnilan ROaA nHlmuu+.lR aaaat p~ p~ p~ W~ ~o ° ~ I ~~ °° o ~ . „,~ p~~_-___ ___ 1 i~---5 ___ ' ~ 1 • ~____ ' ' SEE OMWIROS FROM IUSfOM aANOPIES. lac, a MouxralN WEW ENGINEEBINB CANOPY EIEVAYI~N9 ~n1 CANOPY WEST EIEYATION ~.~,,. w•- ~~ fORCANOPT DETAILS A-2.9 Exhibit A Page 1 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY.3, 2008 7. Conceptual Site Plan Approved with the Prelinunary Plat ~' u .hl ~; 5 _9. ._:.: ~~. Exhibit B Page 2 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF,REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plans, attached as Exhibits A.2 and A.3, are approved, with. the conditions listed herein. The Applicant shall comply with all applicable conditions of approval associated with this site (AZ-07-014 and Development Agreement Instrument No. 108022886, PP-07-019, and FP-08- 003). The applicant shall revise the site plan(s) as follows: a. The scale on the plan labeled "Architectural Site plan" appears to be a little off; please correct the scale so that it matches the dimensions depicted on the plan. b. Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in compliance with the standards listed in UDC 11-3C-SC. c. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than 5 feet in width; revise plan accordingly to comply with this requirement. d. An internal pedestrian pathway is required to be constructed at the northeast corner of the convenience store northeast across the -drive aisle as shown in Exhibit A.7 (per the Development Agreement). Said pathway shall be distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. 1.2 The landscape plan, attached as Exhibit A.4, is approved with the following modifications: a. Per UDC 11-3B-8C2a, landscape planters shall contain a minimum of 50 square feet and shall not be less than 5 feet in any dimension, measure inside curbs. The planter along the north boundary of the site adjacent to parking and sidewalk is less than S feet in width; revise plan accordingly to comply with this requirement. b. The three existing trees shown within the 30-foot wide irrigation easement shall be relocated on the site if the easement holder does not allow trees within the easement. c. Provide street buffer landscaping within the buffers along Locust Grove Road and McMillan Road in accordance with the landscape plan approved with the final plat (prepared by Landmark Engineering & Planning, dated 1/30/08, stamped by Jed Wyatt on 4/24/08). In order to vary from the approved landscape plan, a final plat modification application shall be submitted for approval by City Council for an amendment to the approved landscape plan. (The applicant has submitted a final plat modification application to the City that is scheduled to be heard by City Council on 7/8/08.) 1.3 The applicant shall comply with the applicable Specific Use standards listed in UDC 11-4-3-20 for fuel. sales facilities as follows: a. The total height of any overhead canopy or weather protection device shall not exceed 20 feet (proposed at 19 feet). b. Vehicle stacking lanes shall be available on the property but outside the fueling areas, as proposed. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of--way by patrons (as determined by ACHD). Such stacking lanes shall be separate from areas requu-ed for access and parking. 1.4 Building elevations for the convenience store shall comply with the elevations shown in Exhibit A.S. The building elevations for the fuel canopy shall be revised per the conditions noted in #1.7 below. Exhibit B Page 3 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF NLY 3, 2008 1.5 Minimum 5-foot wide detached sidewalk shall be constructed along both Locust Grove and McMillan Roads in compliance with the standards listed in UDC 11-3A-17. 1.6 An 8-foot tall solid vinyl fence shall be constructed around the outdoor service and equipment area at the southeast corner of the building as proposed, in accordance with the standards listed in UDC 11-3A-12 for outdoor equipment and service areas. 1.7 The applicant's request for Design Review (DES-08-020) approval of the proposed structures and site is approved with the following modifications to the fuel canopy elevations: a. Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. Revise the fuel canopy elevations to comply with this requirement. b. Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. Roof design of the fuel canopy shall be revised to more closely coincide with the convenience store roof line. 1.8 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the site plan, building elevations, and conditions of approval listed herein, prior to issuance of building"permits. 1.9 Direct lot access to N. Locust Grove Road and E. McMillan Road is prohibited. The final plat, which notes that all lots within the subdivision are subject to a blanket cross-access easement for ingress/egress and parking, shall be recorded prior to occupancy of the proposed structure. Or, a separate blanket cross-access agreement for ingress/egress and parking shall be recorded for all lots within the subdivision. 1.10 Unless modified by the Commission, business hours of operation are not limited for this use on this site. " 1.11 A car wash facility shall not be allowed on this site, per the Development Agreement. 1.12 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.13 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.14 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. aaa vc-: cocrrcccw c6 v ar 1.16 A stage 1 vapor recovery system shall be installed at the fuel facility 1.17 The applicant shall work with ACIIID 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 the curb Applicant shall also be responsible for maintaining this area. Exhibit B Page 4 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 1.18 The applicant shall submit a road trust to Ada County Highway District for the cost of a minimum five foot wide detached sidewalk along McMillan Road once that road has redeveloped. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer Main is to be installed with the Woodland Springs Subdivision. Services will need to be installed to the new building at the developer's expense. 2.2 Water Main is to be installed with the woodland Springs Subdivision. Services will need to be installed to the new building at the developer's expense. 2.3 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, asingle-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. 2.4 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. 2.5 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. 2.6 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 the issuance of a certification of occupancy for any structures within the project. 2.7 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. 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.9 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.10 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. 2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage .facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. 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. 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. Exhibit B Page 5 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 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'. £ 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 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 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 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. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.7 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). 4. POLICE DEPARTM-ENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. SANITARY SERVICES COMPANY 6.1 No comments were submitted by SSC for this application. 7. ADA COUNTY HIGHWAY DISTRICT ACRD submitted a letter to the City stating that this application is subject to the conditions of approval of Woodland Springs Subdivision as follows: 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 41-feet ofright-of--way from the centerline of McMillan Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the Exhibit B Page 6 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Provide the District with a 30-foot canal easement, as proposed for the future relocation of the Lemp Canal to the north side of McMillan Road abutting the entire site. 7.1.3 Provide the District with a road trust in the amount of $11,375 for the future construction of the sidewalk abutting the site on McMillan Road with the District's intersection improvement project. 7.1.4 Dedicate 35-feet of right-of:way from the centerline of Locust Grove Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACl-ID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.5 Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the Locust Grove Road abutting the site. Provide an easement for any segment of the sidewalk located outside of the right-of--way. 7.1.6 Complete Beethoven Avenue as a 36-foot street section (measured back of existing curb to back of new curb) and construct curb, gutter and 5-foot attached concrete sidewalk within 50-feet of right-of--way. 7.1.7 Construct one full access driveway to intersect Locust Grove Road approximately 360-feet north of McMillan Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The driveway is restricted to a maximum width of 36-feet. 7.1.8 Construct one full access driveway to intersect Beethoven Avenue approximately 74-feet north of McMillan Road, as proposed. Pave the driveway its full width. and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. The driveway is restricted to a maximum width of 36-feet. 7.1.9 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and Locust Grove Road shall be noted on the final plat. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Exhibit B Page 7 CITY OF MERIDIAN PLAM~IING D~ARTMENT STAFF REPORT FOR THE I-IEARIN~ATE OF JULY 3, 2008 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pernut (or other required permits), which incorporates any required design changes. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 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 ACRD Traffic Operations 3'87-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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. 7.2.13 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. Exhibit C Page 2 CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JULY 3, 2008 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the existing site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the C-N zoning district. Staff recommends the Commission rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Neighborhood. The property is currently zoned C-N, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the Development Agreement and previous conditions of approval for this site, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, the City Council believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Exhibit C Page 3 CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARIN~ATE OF NLY 3, 2008 The City Council recognizes that traffic and noise is a concern; however, the City Council does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. The City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use. The City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of majoryimportance. Exhibit C Page 4 • • October 24, 2008 SH'P 08-007 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Ron Ramza ITEM NO. 5°E REQUEST Findings for Approval -- Request for Short Plat approval for 157 condominium units in 13 buildings in an I-L zone for Storage Condos -- 658 North Principle Place AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings Ap~~- Contacted: Date: Phone:. _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN (~E ' IDIAl V ~' FINDINGS OF FACT, CONCLUSIONS OF LAW AND 4D A H O DECISION & ORDER In the Matter of Storage Condos Short Plat consisting of 157 storage condominium units within 13 buildings on 7.027 acres in an I-L zoning district, by Ron Ramza. Case No(s). SHP-08-007 For the City Council Hearing Date of: October 14, 2008 (Findings on the October 28, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 14, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 14, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 14, 2008, incorporated byreference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 14, 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-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). SHP-08-007 -1- C 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, Short Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of October 14, 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-SA and based upon the above and foregoing Findings of Fact which are Herein adopted, it is Hereby ordered that: The applicant's Short Plat as evidenced by having submitted the Short Plat dated 09/11/2008, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 14, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Short 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 f nal 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, maybe 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 maybe 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-007 -2- 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 maybe 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 maybe 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 October 14, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-007 -3- • By action of the City Council at its regular meeting held on the ~ ~~ day of /~ ~~, 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ..~~ Mayor T e Weerd `\``~~~~uiaiLl~~~ Attest: \~~~~~y pF MER~~~''%~~ Jaycee H an, City Clerk = ~L ~, 9~ GST ts~ . S \~~~ Copy served upon Applicant, TY'Ye,I~ ~'~nt, Public Works Department and City ~~~~'~~~~n ri i-rts~~~~`~ Attorney. B 1;71~~~s1~-~+ ' _ Dated: I ~ ~ '~J 0 - R' City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-007 -4- CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTME•S STAFF REPORT STAFF REPORT: HEARING DATE: October 14, 2008 ~ - IDIAN I,®AMO TO: Mayor and City Council FROM: ICristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinators 208-8.98-55.00 SUBJECT: Storage Condos Short Plat Request for Approval of Storage Condos Short Plat consisting of 157 Storage Condominium units within 13 buildings in an existing I-L Zoning District by Ron Ramza (File# SHP-08-00~. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: SUMMARY: ;~ 1. 1n favor: Scott 1VOIC1 > > ~. In o~nosition: None iii. Commenting: None IY. Written testimony: None y, taff presenting annlication: .aleb Hood Yl. Other staff commenting on application• None 1L ev Ic Le of Di c ~ccion by o ~nc•1• i. None ~, Kev Council Changes. to Staff Recommendation: i. None APPLICATION SUMMARY & LOCATION The applicant, Ron Ramza, has applied for short plat approval of 157 condominium units within 13 storage buildings on 7.027 acres in an I-L zoning district for Storage Condos. A Certificate of Zoning Compliance has been issued for all of the subject buildings. Three of the buildings have been constructed and the applicant has applied for building permits for two of the other buildings. The remaining eight buildings will be constructed with future phases. Storage Condos is located south of E. Pine Avenue and approximately a '/z mile east of N. Eagle Road at 658 N. Principle Place in the SW % of Section 9, T.3N., R.IE. The subject property meets all of the applicability requirements as stated in UDC 11-6B-SA and is eligible to be processed as a short plat. Exhibit 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTME•S STAFF REPORT Staff recommends approval of Storage Condos Short Plat with the comments and conditions stated in this report. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-SB-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: September 22, 2008, and October 6, 2008 c. Radius notices mailed to properties within 300 feet on: September 19, 2008 REQUIItED FINDINGS FROM UDC 11-6B-6 In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the fixture land use of this property as Mixed-Use Regional. The current zoning district of the proposed plat is I-L (Light Industrial District). The Comprehensive Plan allows for a mix of employment, retail, and residential or public uses. The proposed storage units are an allowed .use in the I-L zone and are a public use. Therefore, the proposed short plat complies with the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the development. Water and sewer services have already been installed with the Porky Park Subdivision No. 2 improvements. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council finds that the development will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future unit owners will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Council does not believe that any additional traffic or noise will be generated with the approval of this plat; the approval for the subject buildings was previously granted. This subdivision will not be detrimental to the general welfare of the public in the surrounding area. Staff finds that the Exhibit 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT subject subdivision will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site that the Director and City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT -SITE SPECIFIC CONDITIONS 1. Revise or add the following note(s) on the face of the plat prepared by Quadrant Consulting, Inc., stamped on 09/11./08 by Peter W. Lounsbury, prior to signature of the short plat by the City Engineer: *.) Add a note addressing the maintenance responsibilities of the landscape buffers along N. Principle Place, the north boundary, the east boundary, the west boundary, and the south boundary of the development. *.) Add a note stating, "The bottom elevation of all. building footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." 2. Complete the Certificate of Owners. 3. Revise the situate statement to read ... 4~ertli 3 North, Range ... . 4. If the City Engineer's signature has not been obtained by 10/14/2009, the Short Plat approval for this subject project shall expire. 5. Comply with all applicable conditions of Porky Park Subdivision No. 2. 6. Comply with all conditions of the Ada County Highway District as they relate to this short plat. 7. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. MERIDIAN FIItE DEPARTMENT 1. The access road plan shall 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. Prior to signature of the City Engineer, submit a revised plat to the Meridian Fire Department for approval. STAFF RECOMMENDATION Staff recommends approval of the Storage Condos Short Plat (SHI'-08-007) with the above stated comments and conditions. EXHIBITS 1. 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I~ { I 1 0 N si ` F 1 s q a -.gi ~ ;ac BY I _ "~ ~ - ! i I e I 1 I 4 _ `o ~; I ~ ~ ~ ? v ~ i b~5 I ~+ ; I I A, y^~ ~~R I i ~ i ss~ ! fs ~ "z ~ I = ~ F s4~ i I ~~Y €~ ~ I I ~~~: ~ g Y N E _•~;Q ~ ~~#~ °' ge [, o ~~ Exhibit 1 • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. ~ S°F REQUEST Cross Access Easement for Emergency Services With Avest Limited .Partnership for Ten Mile Christian, Church 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 A~Pr-o~/e OTHER: Contacted: Date: Phone: Emailed: ~ Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ADA COUNTY RECORDEDt d. DAYiD 0 AMOUNT .00 F BOISE IOAH010131/0S 08:46 AM DEPUTY Yickl Allen III IIII'I'LIIIII"IIIIIII'IIIL) III III RECORDED-REQUEST OF 108119858 Merldlan City Space for recording CROSS ACCESS EASEMENT FOR EMERGENCY SERVICES This indenture, made this day of ~ 2008 between Avest Limited Partnership, the party of the first part, and ereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, THE Grantors desire to provide emergency services access to adjacent landowners across the property hereinafter particularly bounded and described; and WHEREAS, in the case of a fire or other emergency on property currently owned by Ten Mile Church, alternative access to their property maybe required by the Grantee; and NOW THEREFORE, in consideration of the benefits to be received by the Grantors and adjacent landowners, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for use by fire and other CITY OF MERIDIAN emergency personnel across the following described PreP~y~ (SEE ATTACHED EX>••IIBTT A) The easement hereby granted is for the purpose of free right of access across Grantees property at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of the easement by CITY OF MERIDIAN fire and emergency personnel for the purposes stated herein. -2- • • THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and that be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomever. 1N WITENESS WHEREOF, the said parties of the first part have hereunto subscribed their signature the day and year first herein above written. GRANTOR vest Limited Partnership STATE OF IDAHO ) SS County of Ada ) On this~_ day of 19~g~es'1~ , 2008, before me the undersigned, a Notary Public in and for said State, personally appeared K Asti /ee n l.Oe 6 r and know or identified to me to a Managing Partner of Avest Limited Partnership, that executed the within instrument, and acknowledged to me that such Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day and year fast above written. (SEAL) O C ~ ~o® ~ !°til8 LtG i O ~~ OF t~P`~,~ NOTARY PUI~,IC FOR IDAHO Resides at ri~~ ~ Commission expires: 2 2e • . GRANTEE: CITY OF MERIDIAN ~culut~~r,~~~i ,~'~! ',,iii Tammy de eerd, Ma r .~` ~, ~~'4ij,''% ~~ ~T , ]SAL - Attest by Ja ee Holman, City Clerk? 9 ~ ~~ ~C,L_ ~ n Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) ti n~~N~ two / ~ On this day of W , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, lmown to me to be the Mayor and,City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within inshument, 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. .••""•. • '9 .tff ,gip T ' .~ ~ (SEAT-) ~ ; ~ ~~ ~~' ~ ~ ~ ~ '. % i ~~'9 ' A ~ ~ `~• .,••+F m, ARY PUBLIC FOR AHO Residing at:~~~~,~ , , t Commission Expires: ~ 0-11-( l • ~~ ^^ 6~uadrant May 21, 2008 Consulting, Inc. Page 1 of 2 EXHIBIT "A" 20.00 FOOT WIDE FIRE DEPARTMENT ACCESS EASEMENT A 20.00 foot wide fire access easement, across the Parcel of land described in Warranty Deed Instrument No. 101115511 said Parcel also shown as Parcel "A" on Record of Survey No. 5576, Instrument Number 10.1108209, Ada County Records, situated in the SE'/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 10; thence along the East line of said Section, North 00°27'06" East 1096.83 feet to a 5/8" rebar and cap; thence leaving said East line North 88°51'50" West 48.00 feet to the West right-of--way line of North Ten Mile Road, thence along said Westerly right-of.--way; North 00°27'06" East 182.95 feet to the POINT OF BEGINI~IING; thence leaving said We§terly right-of-way South 89°49' 19" West 739.64 feet; thence South 67°08'00" West 27.74 feet; thence South 44°43'50" West 65.30 feet; thence South 00° 16' 10" East 42.43 feet; thence South 45° 16' 10"East 94.25 feet; to a point on the southerly line of said Parcel A; thence along said southerly line North 88°51'50" West 29.00 feet; thence leaving said southerly line North 45°16' 10" West 73.24 feet; thence North 88°51'50" West 579.70 feet; thence South 68°39' 11" West 24.02 feet; thence South 46° 10' 13" West 58.46 feet; to a point on said southerly line of Parcel A; thence along said southerly line North 88°51'50" West 28.30 feet; thence leaving said southerly line North 46° 10' 13"East 99.76 feet; thence South 88°51'50" East 550.98 feet; thence 'North 44°43'SU" East 158.70 feet; thence North 89°49' 19" East 763.09 feet; to said West right-of--way line of t along said Westerlyright-of--way South 00°27'06" West 20.00 to the POINT OF BEGINNING 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 Fax (208) 342-00! Civil Engineering • Surveying • Construction Management tiR6>O• ~' OD pp ~'~ ~ F cn ~ ~ ~G~- `q9, O I 9C~, 6'• `z ,~ ^~ :~ „~/.I I I I I I I N I~ Z u1 I ~ ~ o m I~ Ui ~ to ~~ I I I cn I v co v I 0 c s I I ~~..~..~y I N I I~O' tiR~ ~~~ ~c O,, ^\~ ~F V+~ D N o ~ ~ ~ r ~o` ~~~~ ~~ I ~ N ITl "Tl ~~ rt ov I u~ o °° o N ~ ~ MATCHLPNE ABDVE ~ I, o- (J1 O 1 -' -• N00 ~~ rt • ~ N I ~~ ~ . I. O MATCHLINE BELOW I I I I I I I I I I ~ I I m I a ~ZI ~i I~ ~ n ~ ~ ~~I m t° z I ~~ ~ I~ ml r- I m I _ ~ ~ I A ~ ~I z i ~ n m _ ~ I' c z ~ n _ ~ I I~ vL. ~,, rn ~ ~w o~ ~°ol' I I I I I I Z I I l ~ ~Z ~~ ' N ~ N ~ ~ O m O 182.95' _ ~ o ' N00'27T06„E _ _ N 00'27'06° E TEN MILE ROAD O m N O N m x __ m -~ ~~~ai ® 1 ~n~~ ~ fi 0' ~~iiYY®f N1e~ridoan ® ~ pity, ~rt~ent ^ ^ ~u a d ra nt ~lanne~l3 ®eP C o n s u l t i n g, I n c. To: Meridian City Planning Department Date: August 4, 2008 Attn Barbra Shiffer 660 East Watertower Ln Meridain, Idaho 83642 Project Number: 101-07 Project Name: Ten Mile Stor-It Regarding: PLEASE NOTIFY US IMMEDIATELY AT (208) 342-0091 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION We Are Sending: x Attached These Are Transmitted For Your Info/File Copied To: Facsimile As Requested Number of Pages For Review and Comment Other Other Copies 1. ~ Emergency Access agreement Emergency Access legal Comments: As required by CUP-07-021 we are submittin an Emer enc Access agreement for recordin Signed: Craig Callaham 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: guadrant(a.guadrant.cc Civil Engineering • Surveying • Construction Management • October 24, 2008 RZ 08-002 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Meridian Library District ITEM NO. 5-G REQUEST Development Agreement -- Request for Rezone of 0.55 acres from R-4 to L-O zones for Meridian Library Parking Lot Expansion -- 1727 N. Leisure Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: ^ ^~ ~~~ CITY BUILDING DEPT: (~J 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. ~~E IDIAN* IDAHO September 18, 2008 Ed Daniels Hummel Architects 2785 Bogus Basin Road Boise, ID 83702 ~P 1 g 20p~ayorrammy de Weerd HUMIVIELgBCyITECTSouncil Members: Keith Bird Joe Gorton ~~~~~ n I O/~ $ Charles Rountree cY ~a00g David Zaremba Re: Development Agreement -Meridian Library District RZ 08-002 Dear Mr. Daniels, Enclosed please find the original Development Agreement for Meridian Library District, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433. Sincerely, ~~~ Tara Green Deputy City Clerk enc. City Clerk's Office ~ 33 East Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 ~ Fax 208-888-4218 - www.meridianciry.org • ADA COUNTY RECORDER J. DAV~VARRO AMOUNT .00 28 BOISE IDAH010/31/08 08:45 AM DEPUTY Vicki Allen RECORDED-REQUEST OF ~~~ IIII'~~~~~~~:IILIIIIIII'IIIIIIIIII ~~~ Meridian City 108119851 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian Library District, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this I~D~`' day ofd, 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Meridian Library District, whose address is 1326 West Cherry Lane, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 .WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhas submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of and L-O, Limited Office District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subj ect Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 1 OF 9 • • Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 12th day of August, 2008, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 ,. WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be iri their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected ' property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 2 OF 9 F•) 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Meridian Library District, whose address is 1326 West Cherry Lane, Meridian, Idaho 83646, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property . located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned L-O, Limited Office District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses • allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: The Owner/Developer is proposing to use the property to expand the existing parking lot for the Meridian Library. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. No access is allowed to/from the site via Leisure Lane and no street improvements are required to Leisure Lane. 2. Parking lot lighting shall be shielded so that no direct light shines into adjacent residential properties. The applicant shall submit a lighting plan that has been approved by the Police Department, with the Certificate of Zoning Compliance application for the new parking lot. 3. A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed parking lot expansion afterthe re-zone ordinance and Development Agreement have been approved DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 3 OF 9 • • terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer'seost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12 • REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either~City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty {30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the _. curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 5 OF 9 • civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed. under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Meridian Library District 1326 West Cherry Lane Meridian, Idaho 83646 16.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 6 OF 9 • • 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, .condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreerent shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person.acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall•be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 7 OF 9 • accordance with the notice provisions provided for a zoning designation and/or amendment in force at the tune of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER MERIDIAN LIBRARY DISTRICT By. (~~-~r i c` 0., ~©uv~ge r t-~bra.~~ Director CITY OF MERIDIAN By. ~-%~ MAYOR MY de WEERD ATTEST: ``\`\\`~~ ~~~~~~~+~/~~~i , ., C~' -4 JAYC L. HOLMAN, CITY E ~~~ - 9Q ~T tS~ • •j` ~~ ,,,,,,.~coU~Y oo \,,, DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 8 OF 9 i ~ STATE OF IDAHO, ) ss County of Ada, ) On this ~~~ day of (Jc~~e.~' 2008, before me, the un rsigned, a Notary Public in and for said State, personally appeared G~~ ~~ ~ , known or identified to me to be the '~ ~ of Meridian Library District and the person who signed the above and acknowledged. to me that he 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. e~,®®®.®.o® ~,A IbS.: `.• e (SEAL) ~ ~~~: ` . e ; ~ • o ~ ; • • s ` ~ O IC ' ~.+~ mo~ s~jA • ~®~O STATE OF IDAHO ) County of Ada ss otary Publi or Idaho Residing at: ls~ My Commission Expires: I L~-t I-'1( On this ~~~ day of ~p~e~- , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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. e,.o.o,eo ®.° T ARC ~.o ® -- (SEAL) o - •, o o '~ `'~a o ,~ ` O o ~ ;~® ~; ~~~~ s~ ~~ ~ o • ~ 0 G ~~• d oOs~'O~ Notary Public for Idaho Residing at: (~(p l:~lt~~ ~~~ Commission expires: ~Q-(t -`~ DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 9 OF 9 ~ A ~ . Legal Descripti®n f~`i:Tf=~~l Le~ef 68~ ~ ~. A paraeJ of land boated tm tttg SE 114 giN 114 of Sean 1. ToYmstdp 3 North, Ran®®1 14ter~are, !~ Coesrdy, Id®ho, tming mare ariq dsetaribed ~ faibws: CA1~1iC1NQ at the troutFiweat r of said:3E 114 bUy 114 of Ss~on 1 tIN 1116 Comer) of said 8edton t, f :~.tiq a iraurtd 5d~° ret~r; Thence South 89p34'28° Ess9, ca9erit~~Eth tha south~tq Me.alaeld t3E.1/4 SVI! 11%3 ofSs~n 1, a distanoe aF 213.00 leaf; Thertoe NaM QO°Q2't8° East, pamiZ•et eft the ro~etlq 6ne of said SE 114 SW 114 of.6ec>ion 1,•a dlsfance ~of 40.00 feet its the POINT OF t3EG1AINffit,~ TtmnGe coNiruihtg North flo°az'te° East, pareuel wi8f th8 we~tiq Ane of ~! SE 1/4 SW 7b4 of S~tlon 1, a of 1.00 f~ Ti~nce North sE°s4{28° west, paratl~ v+~th.the southetyr 6neol~a s~'}l4 Sw 1~ of~tion t, e d of 1o5.tt0 lesfr Thanoa Nortfi OD°~'18° taast, para11e1 wi8t tha dY Ibte of said taE t/4 t,1At t/4 0l t3e~on 1, dtstarice of 100 0#t tip Thence Swath 88°34'28° East; para6e{ with 9t®scutherry this of std: SE 114 b1N 114 of Sadbre 1, e distance of 9fr.OD t~ Thenea tdwth 00°fffi'48° East, ~tlei v~ Ote:we~erfy ane al~eaid SE tJ4'SW 114 of Section'1, dlsfar~e of 3D:00 i~> Thenca3 Saatii 89°34`28" t~ paretic) with ffta wutt~eriy this of said SE 114 SUV i14 a! Sas~rf 1, s distance of H0:02 fieek Tttettce S~ oo°tts's7^ west, parquet w4h the eaarwsa olthe w sra W 1/2 se I ra SW va of 4ald Sac6lon t, a dim 01.280.00 feek Ther#oe North 86~4'~°.west, pa~Bsl•vvltlr fhe~4outite~rgne olsaid SE 114 SW .114 0! 6edtan 1, a dtstanea~af 48A9i'eet fs the POINT OF t3EtsiB. The area desor~d a~ve canes 0.1;7'9 cores; riasre of less. tt~ of bearfh®s ~.Orld North, tdatto state f~fane Caordfiab System, West Zone. ""y ~. 'iP~~og APR:29 ~g ~W©RK9 0~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E roR inN~- ~J In the matter of the request for Rezone of 0.58 of an acre from R-4 (Medium Low-Density Residential) to L-O (Limited Office), by Meridian Library District. Case No(s). R~08-002 For the City Council Hearing Date of: August 12, 2008 (Findings on the Angnst 26, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached-StaffReport for the hearing date of August 12, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 12, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "I,oca1 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-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-002 -I- • 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, and the Conditions of Approval all in the attached Staff~Report for the hearing date of August 12, 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-SA and based upon the above and foregoing Findings of Fact which aze herein adopted, it is hereby ordered that: 1. The applicant's Rezone request to L-O, as evidenced by having submitted the legal description and exhibit map, stamped and dated Apri12, 2008 by Kevin Borah, PLS, is hereby approved with a Development Agreement; and, 2. The Development Agreement provisions are as shown in Exhibit B of the attached Staff Report for the hearing date of August 12, 2008, incorporated by reference. D. Attached: Staff Report for the hearing date of August 12, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZr08-002 -2- • By action of the City Council at its regular meeting held on the ~CO day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED 1~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) i~~~ `~ ,~ O Attest: ^ ~ ~ ~pi~R~1~~ Jaycee H~Tman, City Copy served upon Applicant, The Attorney. VOTED VOTED VOTED_~~ VOTED eerd g~'~ O p ~ ~. l ~~anif{ftg~niLnt, Public Works Department and' City By:~ .~ Dated $-2g~0~1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZr08-002 -3- -._ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 STAFF REPORT Hearing Date: August 12, 2008 TO: Mayor & City Council E IDIAN~-- FROM: Sonya Wafters, Associate City Planner l ©~, l• ~ 208-884-5533 SUBJECT: Meridian Library Parking Lot Expansion • RZ-08-002 Rezone of 0.58 of an acre from R~ (Medium Low-Density Residential) to L-0 (Limited Office) 1. SiJNI1VIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Meridian Library District, has applied for a Rezone (RZ) of 0.58 of an acre of land from the R~ (Medium Low-Density Residential) to the L-O (Limited Office) caning district. The applicant is proposing to use the property to expand the existing parking lot for the Meridian Library just to the west of the subject property. NOTE: The proposed use of the properly is considered a public/quasi-public use and as such, is a pernritted use in the L-O zoning district. A conceptual site plan was submitted with the RZ application that shows how the pazcel proposed to be rezoned and the existing pazking lot to the west will redevelop into one new pazking lot with associated landscaping. A Certificate of Zoning Compliance applicatiott will be required for the construction of the new parking lot and landscaping. The site is located at 1727 N. Leisure Lane, north of Cherry Lane on the west side of Leisure Lane, approximately '/a mile east of N. Linder Road. The subject property is within the corporate boundaries of the city. 2. SUNIIVIARY RECONIIVIENDATION The subject application was submitted to the Planning Department for review. Below, staff has provided detailed analysis, comments, and recommended actions for the requested RZ application. Staff is rewmmending approval of the subject Rezone (RZ-08-002) request as presented in the staff report for the hearing date of June 5, 2008 with a Development Agreement, based on the Findings of Fact listed in Exhibit D of this staff report. request. a. Summary of Commission Public Hearing: i. In favor: Ed Daniels (Applicant's Representative) ii. In opposition: Marearet Wallet; iii. Commenting: Allen Garrett; Terry Leishton; Janet Sanchez iv. Written testimony: None v. .Staff presentins application:. Sonya Wafters. Caleb Hood vi. Other staff commentint on application: None b. Kev Issue(s) of Discussion by Commission: i. The conversion of Leisure Lane from a private street to a public street from Cherry Lane to the north boundary of the site; ii. The use of a private street for public access; iii. Improvement and dedication of Leisure Lane as a public street if used for pablic access to the site; Meridian Library Perking Lot Expansion RZ PAGE 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 iv. Restrict access- to the site from Leisure Lane if public. street improvements aren't made; access provided throneh the library property to the south or west. G Key Commission Chanee(s) to Staff Recommendation: i. Strike Development Aereement provision #12A reauirine improvement and dedication of Leisure Lane as a public street• replace with provision prohibitine access. to/from. the site via Leisure Lane and no street improvements reunired to Leisure lane. d. Outstanding Issne(s) for City Council: i. -Access to/from the site via Leisure Lane vs. access thronsh the Gbrarv property to the west or south (access should not be allowed to Leisure Lane from any of the properties owned by the library if public street improvements are not made). » lt. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-08- 002 as presented in the staff report for the hearing date of August 12, 2008, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-08-002 as presented during the hearing on August 12, 2008: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number RZ-08- 002 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1727 N. Leisure Lane (Parcel #S1201346618) SW'/o of Section 1, Township 3 North, Range 1 West Meridian Libn;ty Parking Lot Expansion RZ PAGE 2 jji. CommentinQ• None lY. Written testimony: suet anche . • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE DF AUGUST 12, 2008 b. Owner: Meridian Library District 1326 W. Cherry Lane Meridian, ID 83642 c. Applicant: Same as Owner d. ApplicantlRepresentative: Ed Daniels, Hummel Architects, PLLC e. Present Zoning: R-4 (Medium Low-Density Residential) f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: The applicant is requesting a rezone from R-4 to L-0 to expand the existing parking lot for the Meridian Library. h. Applicant's Statement/Justification: "The library's increasing patronage has placed a demand on the number of parting spaces available. Safety concerns, due to the heavy traffic on Cherry. Lane, have risen as patrons are parking in remote areas and walling to the library. Currently, the property is zoned for R-4, which does not allow for the use requested. The proposed zone, L-O, would allow for the proposed use. We feel this project will compliment and improve the guide to future growth and development for the City of Meridian." from Applicant's narrative submitted with the RZ application; see applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone 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 8i Zoning Commission and City Council on this matter. b. Newspaper notifications published on: May 19, 2008 and June 2, 2008 (Commission); July 21. and Aueast 4.2008 (City Conncill c. Radius notices mailed to properties within 300 feet on: May 8, 2008 (Commission); July 18' 2008 (City Coancil) d. Applicant posted notice on site by: May 26, 2008 (Commission); July 24.2008 SCity Council) 6. LAND USE a. Existing Land Use(s): The property is currently vacant. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of residential and office uses. c. Adjacent Land Use and Zoning; 1. North: Residential property, zoned R~ 2. East: Office, zoned L-0 and R-4 3. South: Library parking lot and an existing vacant building, zoned L-0 4. West: Library parting lot, zoned L-0 d. History of Previous Actions: The adjacent properties owned by the Meridian Library at 1326 W. Cherry Lane (Ordinance #726), 1729 N. Leisure Lane (Ordinance #751), and 1250 W.. Cherry Meridian Libn3ry Parking Lot Expansion RZ PAGE 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 Lane were all previously zoned L-0. (Note:. The zoning map shown in Exhibit A.I shows an incorrect zoning district for the property at the west boundary of the site; it shows R-8 zoning but it is actualdy UO.) e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer service is located in N. Leisure Lane. Location of water: Water service is located in N. Leisure Lane. Issues or concerns: A portion of the property in this application is located in the Leisure Lane subdivision. Currently the residents of the leisure lane subdivision are working with DEQ to resolve inadequate well and septic issues. Public Works department has been working with the residents on a design to make city services available and the mechanics of forming an L1D. Also all unities should be installed before the completion of any new road service. 2. Vegetation: There are no existing trees on the property proposed to be rezoned at this time; several existing mature trees shown on the 2007 aerial view of the property have been - removed from the site. Several existing trees are shown on the concept plan. Mitigation is required for aD e~sting healthy trees flinch caliper or greater that are/were removed from the site, in compliance with the standards listed in UDC 11-3B-lOC. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazazds: Staff is unawaze of any hazazds associated with this property. 6. Proposed Zoning: L-O (Limited Office) 7. Size of Property: 0.58 of an acre f. Landscaping: Landscaping is not required with the subject RZ application; however, landscaping in accordance with UDC standards will be required with approval of the Certificate of Zoning Compliance application for the pazldng lot expansion. g. Summary of Proposed Streets and/or Access: One two-way access driveway to the proposed parking lot is depicted on the site plan from Cherry Lane via Leisure Lane. Two one-way driveways enter and exit the pazking lot on the west boundary from/into the library property west of the site. A possible driveway connection to the existing pazking lot to the south is also depicted on the plan. No new access points to Cherry Lane are proposed. See Analysis below for more information on streets and access in this area. 7. COMMENTS MEETING On May 16, 2008 a joint agency and departments 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, and the Sanitary Services Company. These agencies submitted comments on this application, which aze included in Exhibit B of this report. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. This designation provides opportunities for low-impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (pazticulazly within research and development centers or technological pazks). The proposed L-O zoning district complies Meridian Library Parking Lot Expansion RZ PAGE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST I2, 2008 with the Office designation for this property. Further, the proposed parking lot for the library is considered apublic/quasi-public use, which is a permitted use in the proposed L-O zoning district. 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): • Protect e~sting residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal l:V, Objective C, Action 1) Staff believes that the proposed use of the property jor additional parking for the library will be compatible with the existing residences north of the site and office uses/zoning to the east and south. • Require all new parking lots to provide landscaping in internal islands. (Chapter V, Goal III, Objective D, Action 3) The conceptual site plan submitted by the applicant depicts landscaping within the proposed parking dot in internal islands. Parking lot landscaping must comply with the standards listed in UDC 113E-8C Staff finds that the proposed L-O zoning designation is generally harmonious with and in accordance with the Comprehensive Plan and surrounding uses. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: The anticipated parking lot expansion for the Meridian Library is considered a publiclquasi-public use. Per UDC Table 11-2B-2, public/quasi-public uses are a permitted use in the proposed L-O zoning district. b. Purpose Statement of Zone: Per 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 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. ANALYSES a. Analysis of Facts Leading to Staff Recommendation: RZ Application: As mentioned above, the applicant is requesting a rezone of 0.58 of an acre from R-4 to L-O. The Comprehensive Plan future land use map designation for this property is Limited Office, which is consistent with the proposed L-O district. The applicant is proposing to use this property to expand the existing pazking lot for the Meridian Library to the west of the site. The existing pazking lot and the property proposed to be rezoned will be combined into one parking lot with new striping and landscaping. The proposed use of the property for a parking lot is considered apublic/quasi-public use, which is a permtted use in the proposed L-0 district. The applicant has submitted a conceptual site plan, attached in Exhibit A.2, showing how the property proposed to be rezoned and the adjacent property to the west may redevelop with a new parking lot and associated landscaping. One two-way driveway is proposed to the site from Cherry Lane via Leisure Lane. Two one-way driveways enter and exit the parking lot on the west boundary from/into the library property west of the site. A possible connection to the existing parking lot to the south is also depicted on the plan. This property is unique in that it encompasses all of Leisure Lane, a private street that is 42 feet in width, at the east boundary, south to Cherry Lane. Leisure Lane is an existing private street that is M~idiaa Library Perking Lot Expansion RZ PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIdG DATE OF AUGUST 12, 2008 used for access to the subject property, the property to the east, and the residences north of the site. The residential property owners to the north own the land to the center of Leisure Lane; Leisure Lane is located within an easement north of the site. Leisure Lane is currently improved on this site with approximately 22 feet of asphalt, no curb, no gutter and no sidewalk (a raised curb exists along the east boundary adjacent to the office property that separates a 5-foot wide area that serves as a sidewalk but is the same level as the street). Leisure Lane is considered a substandard street and all of the residential properties to the north are therefore considered non- conformingproperties (they are single-family homes without public street frontage). ACRD owns an 8' +/- wide strip of land consisting of 0.04 acres along the west boundary of Leisure Lane, which will be used for future expansion of Leisure Lane as a public street. Staff believes that Leisure Lane should be improved as a public street as a provision of rezoning this property. If Leisure Lane is improved as a public street, then all of the properties that have access to Leisure Lane can someday re-develop in conformance with City Code. If the improvement and dedication of Leisure Lane on this property does not occur, staff believes there will be a negative impact on the adjacent neighbors. Staff is recommending as a Development Agreement provision that the applicant improve and dedicate right-of--way for Leisure Lane as a public street, consistent with ACRD standards, from Cherry Lane to the north boundary of the site. This improvement and dedication shall occur prior to approval of the CertiScate of Zoning Compliance for the parking lot expansion. (Note: A plat is not required for dedication of ROW in this instance because it's located at the edge of the property.) Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Limited Office for this property and residential and office uses of adjacent properties, Staff Believes that the requested rezone to L-O is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The rezone legal description submitted with the application (stamped on April 2, 2008 by Kevin Borah, PLS) shows the property within the existing corporate boundary of the City of Meridian. Developme~ Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is 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. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate at least the following: • Improve and dedicate Leisure Lane from Cherry Lane to the north property line consistent with ACRD public street standards, prior to approval of the Certificate of Zoning Compliance for the parking lot expansion. (Note: Street section may be reduced due to limited right-of- way width, as determined by ACFID.) • Parking lot lighting shall be shielded so that no direct light shines into adjacent residential properties. The applicant shall submit a lighting plan that has been approved by the Police Department, with the Certificate of Zoning Compliance application for the new parking lot. • A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed parking lot expansion after the Rezone ordinance and Development Agreement have been approved by City Council. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached in Meridian Library Parking Lot Expansion RZ PAGE 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008 Exhibit A.2. If a use other than a pazlcing lot is proposed on this property in the future, a modification to the subject Development Agreement shall be required. b. Staff Recommendation: Staff recommends that the subject property be rezoned to L-O per the comments listed in Section 10 and the findings in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on Jane 5. and Julv 3, 2008.. At the public hearing on July 3 2008 they moved to recommend aouroval of the subiect RZ request. Thy Meridian City ouncil heard this item on An~~st 12 2008 At the nnblic hearing. the CouncilaDDrnveri the subiect R? reaaest. 11. EXHIBITS A. Drawings/Map 1. Vicinity/Zoning Map 2. REVISED Conceptual Site Plan 3. Existing Library Site Plan B. Agency Comments C. Legal Description 8r. Exhibit Map D. Required Findings from Unified Development Code Meridian Library Parking Lot Expansion RZ PAGE 7 • • CITY OF MERIDIAN PLANNRJG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 A. Drawings/Map 1. Vicinity/Zoning Map • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TEIE HEARWG DATE OF JUNE 5, 2008 2. REVISED Conceptual Site Plan • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 3. Existing Library Site Plan L----' '9 ~ I iil - ~.~ .. I _ ' ----------- I i I II ~ III f I I I II ` II JI rk II ~ j ' , ~ .L ._ t ~ I . I I . J ~ ~. ~,~ I I fif~~l I ~ ~ .s..~ ~ II ~ l I I j'i ' III I ! r ' ~ ~ ••_,~ ~_ _ _ .~I ! ~, I I. I n III ~ -L _• _ L. ~ , I~ I_ 111 ~ I ~~ ~.._ j~!... _ -- :~ _i..T ~, ~ ' I i ! ~~ = [ --I- - -- -~ ; I{ I I I I _ see , ; :m [ ,:u• n ! 9 I '~ _! ~ ~i p~6' I ! ~ 1 1' J !~ ~ Site I ~ I I ~ ~ I L ~ I I ~ _ I . I I Ij ~ 1 i! I I~ I I I I' I 1~12~ U ~ I I I~ I I I! J11 ~ ~. ?~.` ~: - ~ I Q~ `°°O1 I I I ~a°.~ I I I ~ ! ! I '~- ~ I II ~ I! n I ' I I ~' ' I I I~ I II (~ I I I I I l l i l l l l i l l l l l~ ~ . i..~..x.__ •[.. )/ -. r~~' gF w8~$ I a 6~a~s+downw i ~. ~~iI g39CAPE PLAN ~.•C~-'--rr ~ -~-r-r I t I--I+rrl I'I ' I ~ I I l i l' I!, I I I I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 B. agency comments 1. PLANNING DEPARTMENT 1.1 The rezone legal description submitted with the application (stamped on April 2, 2008 by Kevin Borah, PLS) shows the property within the existing corporate boundazy of the City of Meridian. 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 and the property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 888.433 within 6 months of Council approval to initiate this process. The DA shall include, at minimum, the following: . No access is .allowed to/from the site via Leisure Lane and no street improvements are required to Leisure lane. b. Parking lot lighting shall be shielded so that no direct light shines into adjacent residential properties. The applicant shall submit a lighting plan that has been approved by the Police Department, with the Certificate of Zoning Compliance application for the new parking lot. c. A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning Department for approval of the proposed pazking lot expansion after the Rezone ordinance and Development Agreement have been approved by City Council. The site plan submitted with the CZC shall substantially comply with the conceptual development plan attached in Exhibit A.2. If a use other than a pazking lot is proposed on this property in the future, a modification to the subject Development Agreement shall be required. d. Bollards are rea fired to b in a_Iled at the. entrance to the nwthww., into tsp 1.'i~rury s_rte from Leis re .ane- e. _ e library oarkin~ to shall d velon ins .bstantial omo lance R:'h tb r~s site elan attached 'n ,xbihit A ~ 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Leisure LN. The applicant shall install mains to and through this subdivision ending at the north property line; 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 N Leisure LN. The applicant shall be responsible to install water mains to and through this development ending at the north property line. Coordinate main size and routing with Public Works. 2.3 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 and water. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 5, 2008 2.4 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.5 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. 3. F1RE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 k gallons per minute for a dura~ion of 2 hours to service the entire project. One and two family p \`y~a~`~~ ®dwellings greater than~360"0 square feet and greater will require a minimum fire flow as ~~\ ~~ specified in dIx B of the International Fire Code. Fire Hydrant spacing shall be provided (~- Qo- as required la endix C of the International Fire Code. ~ fi- .~~,`' 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 placed 18" above finished grade to the center of the 4 %" outlets. 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 All portions of the • 'dings located on this project must be within 150' of a paved surface as measured the perimeter of the building. 3.4 All entrances/exits on the east and west ends of the proposed parking lot shall have a turning radius of 28' inside and 48' outside radius when fuming both north and south directions. 4. POLICE DEPARTMENT 4.1 Parking lot lighting needs to be shielded so that no direct light dunes into adjacent residential properties to the north and south. The applicant shall submit a lighting plan that has been approved by the Police Department with the Certificate of Zoning Compliance application for the new parking lot. 5. SANTfARY SERVICES 5.1 SSC has no comments related to this application. • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 C. Legal Description & Exhibit Map EXH1BiT A~ ~N bA ~r R~ottO A parcel at bnd bated in the SE 114 SW 114 at Section 1. Tot+msdtp 3 North, Range t t3a~ A9er~n, /!~ Courtly, Idaho, !~ mare pert~tdatiy de~'IDed ~ folbws: CAAI®AEAtCINR at the soufhw~! comer of seld:SE 114 taint 114 of sIcn i M- tl18 Comer} of wid Secilon 1, baln9 ~:tiy a toural fiB° ret~r; Thence fiouih tl9°34'21;° East, calncldsn2-ro~kh the southbty Me:atsaid 8E 1/4 8W 114 ot'Ssotbn 1, a distarma o! 213.00 feet: TAenas tVorih 00°Q2't8° East, parallel eft the early Ana of said SE 114 ~ t/4 at Set~on 1 ~ a distertca csf 40.00 test to the POINT OF t#GINNINti~ rye cordinubng North oo°oz'tl;° twat, parmpst vriAn tt~ ear Are of ss~t st:1w SW t!a of 3~tion 1, a dl~rtie of 1.00 feat; Th~ce North 89°34'28° West, paraAN eNllh.tha soufhertl+ Ana ofd SE t/4 SW t!4 ofSesfton 1, a d~anCe of 105.00 t~ Thence t~ It0°~2'18° East. parallel wt9r the e~terly Ana at sedd SE 1!4 lSYV 1/4 of Se~lon t, e d~riae o! 1fi0.Ot1 ~ Thence South Bt3°34'28° ~ peraAel eeJ~ th®soutlterly Ana of eatd.SE 1M SW 1l4 of Stb~lon 1, adfstance otlI5,00 Thence l1t~ 00°t~'16° East, parallel ~h eta waste fi, Ana nt.~ ~ 114 SW 114 of 3ecAon 1, e d of 30:00 ts~ Thy ~+~ ~°~~" East, psraAel vWUr fhe ~utharty tirta of said SE 114 SW tl4 of Secfiorr 1, a d1 of 80:02 fib Theatoe Sautl'r 00°0[3 3T Wask pareAet arRh the east. Ana of the W 314 W 1r2 SE 114 SW 114 of said Battier 1, a tlr of 290.00 tee Thertoo North 9tI°34'~°:bleat, patra~tw]!h tt+e•souttse~- tlne otseld SE 114 SW .714 of Seen 1, e dislarxa of 4849 feet to the• P1t~JT t~ t?<Eta~1S. The area d~bed awe oantair~ 0.679 ate; mars or less. l~ of beevbt8s N.t3rk! North, Idaho State pone Cootdineb Sl~gm, West Zone ar~:ta "~' ~` t~E101D1AtV PUt~ W©RK9 t}EEP1: 4J:~vg • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008 ~~ aS~d ~i.~ FQ~ l~h~LrV1rL' A PAIi~,~L Op' LAND LOCAfi~ IN THE ~ 1/4 SiY 1/4 OF SECTfO~ 1, P. 3 1-f., R 1 W., BOISE tDI~IN, ADA COiIl~1~Y, 1D4E0 2008 N Nl~O f32'~8"E S89'34'28"E 3a oo' so.oz' se9~a'aa°~ 9s.oo' NOT TO SCALE W p ~ , pq O z O g N ~~p/~M~~ n w f 7Q ~ 7 V '` `I S„q ~ / r / /~ r OS.VV, !~~ v c o ~ O ~ ~ 1 Q561 '° a J~+ ~ ~ ! f ° 8 ~ a '~ ~q ~p~ F ~ O ~~- Q: W N A ~' a ~p ~ ROYAL APR 13 ~g P073VT OF BE6~P3VINCi ~ Nas3a'ae iNERIDiAN PUBUC WQRKS flEPT. ~ 4/f6 COItAtEI~ SgCTlQA1 1 '~ .. 49:49 r~ND 5 ~ AR 1VJiH ~ I ~~~ ~~ 589 34'28_E 2P3.OD' $ f g x_ _, A. CB~Y LAN7~ o - . ' _ ~~ ~ 3507 W ~ Strut , 8uRe 2A0 ~ouv'r o~ COMJ~ATCEMEIVT Bclss, ID 8.4705 z0s•3a2~400 r-~ z08.34a 5353 ~eroaK.wh~c~oan C~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JIJIVE 5, 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 all of the subject property to 1:-0. If the applicant complies with the DA provisions, 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. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed use of the property for a pazking lot expansion for the Meridian Library is consistent with the requested L-O zoning district and future land use map designation of Office for this property. a 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, If the applicant complies with the DA provisions, 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. b. The annexation is in the best of interest of the City (IJDC 11-SB-3.E). The City Council finds that the rezone of this property to Ir0 would be in the best interest of the City. • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 C~ AZ 08-008 APPLICANT The Land Group, Inc. ITEM NO. 5-H REQUEST Development Agreement -- Request for Annexation and Zoning of approximately 5 acres from RUT to an R-8 zone for Redmont Health Services 5075 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: COMMENTS See attached O.pPr~~ OTHER: Contacted: Date: Phone: Embiled: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID •RRO AMOUNT .00 49 BOISE IDAH010/31108 08:45 AM DEPUTY Vicki Allen RECORDED-REQUEST OF III ~~~~~~~~~~~~~~~~~~~~~~~'~~~~~~~~ ~~~ Meridian City 108119052 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Thorval Howard Entrepreneurial Fund 1 LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of C~.~ k~P ,~ , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Thorval Howard Entrepreneurial Fund 1 LLC, whose address is 519 W. Front Street, Boise, ID 83702, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerbas submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-8, Medium Density Residential District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 1 OF IO • • Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9th day of September, 2008, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the. City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning. jurisdiction and from affected property owners and toensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 2 OF 10 • • 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Thorval Howard Entrepreneurial Fund 1 LLC, whose address is 519 W. Front Street, Boise, Idaho 83702, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-8, Medium Density Residential District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A which are herein specified as follows: For a Treatment Facility consisting of two 9,000 square foot residential treatment buildings and one 6,000 square foot administrative building in the proposed R-8 zoning district on approximately 5 acres. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Until a future CUP is approved, a maximum of 3 buildings (2 residential buildings and 1 administrative building) shall be allowed to be constructed on the site. All future uses on this site will require a new CUP, unless waived by the Planning Director because the use is principally permitted. b. Treatment on this site (counseling, therapy, etc.) shall be limited to the residents on the site; continuing care of the residential patients and their families is allowed provided it is consistent with the Redmont Health DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT I~ALTH SERVICES PAGE 3 OF 10 Services business/treatment plan for residential care facilities. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. walking path, garden area, rope course). d. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-3-29 for nursing or residential care facility. e. One access to this site, from W. Cherry Lane, is approved. f. All existing buildings on the site shall be removed prior to release of building permits for this development. g. Submit an application for private streets within the development. Two twenty-five foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. h. A 25-foot wide street buffer will be required along W. Cherry Lane, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. i. With the CZC application, include mitigation details and a plan approved by the City Arborist, for the existing trees on the site, consisting of 354 caliper inches, proposed tobe removed, incompliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. j. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed buildings within this development. NOTE: A CZC application may include multiple structures within the development. k. The Ten Mile Creek shall be preserved and protected during construction on the site. 1. Set aside 48-feet of right-of-way measured from the centerline of Cherry lane for the future road widening. m. The development of this property shall substantially comply with the concept plan in Exhibit A, as determined by the Planning Director. n. Any future buildings shall substantially comply with the elevations in Exhibit A, as determined by the Planning Director. o. Construct private streets to the east and west properties. This includes the pavement and adjacent sidewalks. Place signs at the east and west property lines stating that the roads will be extended in the future. Due to the length and the lack of a turnaround for the east leg, stripe the asphalt at 150-feet. The striping shall be removed once the property to the east is developed and the private street is extended. Cross-access shall be provided to the properties to the west and east of the development. A copy of a recorded easement shall be submitted tot eh Planning Department prior to occupancy of the first building. p. 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. q. All future development of the subject property shall comply with City of DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 4 OF 10 • or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. .ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 6 OF 10 • • with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shad be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: City Clerk Thorval Howard Entrepreneurial Fund 1 LLC City of Meridian 519 W. Front Street 33 E. Broadway Ave. Boise, ID 83702 Meridian, ID 83642 with copy to: DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 7 OF 10 • City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 • 16.1 A party shall have the right to change. its address by delivering to the other party a written notification thereof in accordance with the . requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerand City, other than as are stated herein. Except as herein otherwise provided, no subsequent DEVELOPMENT AGREEMENT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 8 OF 10 • alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER THORVAL HOWARD ENTREPRENEURIAL .~. ~~~~~ ~~~ CITY OF MERIDIAN Y~ ~~~~~ "4~0'R~;;' Y de WEERD ,~~ r ~% ATTEST: '~\ ~~ ~GOa~ TF ~~` '~', ~~~L - JAYCE . HOLMAN, CITY C~,E ~°~ ,,~~~ -9 `off \\\,. DEVELOPMENT AGREEMENT (AZ 08'~~~T~' ~AI,TH SERVICES PAGE 9 OF 10 ~~~~iriini n~~t~~~ • • STATE OF IDAHO, ) ss County of Ada, ) dt0 \I~~~~n,~ On this ~~ day of 1..~.i7(~~ 2008, before me, the undersigned, a Notary Public in and .for said State, personally appeared - known or identified to me to be the of Thorval Howard Entrepreneurial Fund 1 LLC and the person o igned the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abovy_w:~itten. i KIMBERLY CLRRKE (SEAL) Notary Public Sfate of Idaho Notary 'c f Idaho Residing at: ) ~~ My Commission Expires: . STATE OF IDAHO ) s.s County of Ada ) On this day of ~~ be-~ , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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. ••••®•e~ • I V~ ~ ~ ~ (SEAL) ~ 1 `~,~ `,~,~ ® Notary Public for Idaho ~ , • ~ ~~: Residing at: ~Q I~L~ ~ I• lh o ~ o Commission expires: I ~'~~( :~,', . . 9~, • -- '•~F IDA~o'. DEVELOPMENT AG~ERT (AZ 08-008) REDMONT HEALTH SERVICES PAGE 10 OF 10 • ~. Legal Description ~i~ THa LAND GROUP, MG hey ZB, 2008 Project No. 08055 Annczation acrd Rezone Legal 1?esciption 5.00 Acres ER1EHSB1[T "A" A tract of land situated in a portion of the Northeast One Quartet of the Northeast One Quarto of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. described as follows; Commencing at a found 1/2-inch steel pin monurneating We North One Qumter Comer of ssid Section 9 and being on the centerline of Chary Laac, thraoe following the no:tlraly line of the Northeast OarQue~ter of said Sxtion 9 and said ceaterlirre, South g9°37'38" East a disCaace of 1,642.35 feet Gt a poim, wltioh bears North 89°37'38" West a distance of 1,1108.59 feet from e found 518-inch steeTpbt monnmenting the Northeast Cams of said Section 9 and tieing the POINT OF BEGINNING. Theaco following said northrrly Una and said ceataliae, South 89°37'38" East a diatartce of 391.73 fat to a point; Thence leaving said nor#haly line and said centerline, South 00°00'02 East a diatanee of 622.14 feet to a point on the centerline of a ditch; Thence following said centerline, North 70°41'08" West a distance of 233.65 feet to a poin$ Thara following said centerline, North 72°16'08" West a distance of 179.76 feet to a point; Thence leaving said oeirterlina, Noah 00°00.02 East a distance of 492.66 feet to the POINT OP BEGINNWO. The abovadrscribed tract of land contains 5.00 arses, rncrne or less, subject to any existing easements orrigbts~of--way. BY~ THE LAND GROUP, INC. 462 E. SHORfi DRIVE, Si1TTE 100 EAGLE, IDAHO 83616 208-939(!41 208-939-4445 (FAX) 1Qadr~Arrtrem+r • J~1+ p~ 'Gil P4iririq ~Ga9'Grn. Lri~itiea dE f 40 Auer Vim Plnre, Twin FeUti Idaho P208.733.40a1 Ir 20x73].4015 C:\2008\08055\Admin\Isgals\I.Oal15TJ08p55Parte Rgel°f1 V } ~~ ~., a o ~. _O 1 g CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN,~- ~J In the Matter of Annexation and Zoning of 5 acres from R1 (Ada County} to R-8 (Medium Density Residential) and Conditional Use Permit approval for a Treatment Facility Consisting of 2,Residential Treatment Buildings and 1 Administrative Building in a proposed R-8 zoning district for Redmont Health Services, by The Land Group Inc. Case No(s). AZ-08-008 and CUP-08-015 For the City Council Bearing Date of: August 26, 2008 (Findings on the September 9, 2008 City Council agenda) A. Findings of Fact l . Hearing Facts (see attached Staff Report for the hearing date of August 26, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 26, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 26, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 26, 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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O8-008 and CUP-08-015 _I_ • • 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, Site Pian, Landscape Plan, Building Elevations, Development Agreement, and the Conditions of Approval all in the attached Staff Report for the hearing date of August 26, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation and Zoning request, as evidenced by having submitted the legal description and exhibit map, stamped and dated May 28, 2008, by Aaron L. Ballard, PLS, included in the attached Staff Report for the hearing date of August 26, 2008 incorporated by reference, 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 August 26, 2008 incorporated by reference. 3. The Applicant's Conditional Use Permit request as evidenced by having submitted the Site Plan, Landscape Plan, and Building Elevations included in the attached Staff Report for the hearing date of August 26, 2008, is hereby conditionally approved. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 26, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-008 and CUP-08-O15 -2- conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (l 8) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 1 l . 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 maybe 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 b7, Idaho Code. F. Attached: Staff Report for the hearing date of August 26, 2048. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-008 and CUP-08-015 -3- • B action of the City Council at its regular meeting held on the ~~~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER CHARLIE, ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: Jaycee Hd~ian, City Clerk Copy served upon Applicant, Attorney. VOTED_l~k~~ VOTED_ VOTED__ jJ VOTED ~-- Mayor Tam de Weerd ```,,.~~ pF MERj~~,,~~~~' - - EAL ~ _ ~~ ,~~ ` The ~liia~~iarc~ ~~``~ ~It Public Works De artment and City !!!1111 f 11 1111NI~ By: Dated: ~ - (~ - ~ g City Cler 's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O8-008 and CUP-O8-015 -4- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF AUGUST 26, 2008 STAFF REPORT Hearing Date: August 26, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner E IDIAN~--- {208) 884-5533 SUBJECT: Redmont Health Services i ~ A ~ O • A~08-008 Annexation and Zoning of approximately 5 acres from Rl (Ada County) to R- 8(Medium Density Residential) • CUP-08-015 Conditional Use Permit approval for a Treatment Facility Consisting of 2 Residential Treatment Buildings and 1 Administrative Building in a proposed R-8 zoning district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, The Land Group, Inc., is requesting annexation and zoning (AZ) approval of .5 acres from Rl (Ada County) to R-8 (Medium Density Residential}. Concurrently, the applicant is requesting Conditional Use Permit (CUP) approval to construct and operate a residential care facility consisting of two 9,000 square foot residential treatment buildings and one 6,000 square foot administrative building. UDC 11-2A-2 requires ~ CUP approval to operate a nursing or residential care facility within an R-8 .zoning district. The subject property is located at 5075 W. Cherry Lane, in Section 9, Township 3 North, Range 1 West. This property is within the City of Meridian's Area of Impaci and Urban Service Planning Area. 2. SUIVIIVIARY RECOMMENDATION The subject applications (AZ and CUP) were subntted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Comrrussion makes a recommendation to the City Council on a combined AZ and CUP application. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Conditional Use Permit applications. Staff recommends approval of A~-0&008 and CUP-08-015 for Redmont Health Services, as presented in the Staff Report for the hearing date of July 17, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning & Zonine Commission heard these items on July 17 2008 At the public hearing the Commission moved to recommend a royal of the sub ect AZ and CUP re nest. a. Summary of Commission Public HearinQ• i. In favor: Doug RusseA (Aoniicant's Rearesentative) Robin Hinkle ii. In odposihon: None iii. Commenting: Don Glower Jeff Morrell iv. Written testimony: Don Glower submitted written comments for denial after the P&Z meeting. v. Staff presenting apAlication• Bill Parsons vi. Other staff commenting on application• Caleb Hood Scott Steckline b. Kev Issue(s) of Discussion by Commission• i. The differences between residential care facilities. and out- atient care facilities. ii. Sewer stub to Mr. Glower's property west of this site iii. The need for private streets required by the Fire Police and Planning Departments Redmont Health Services AZ-O8-008 and CUP-08-015 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 iv. Discussed the relocation of the trash enclosure from the location proposed on the submitted site. The Commission discussed the trash enclosure be placed within the stubbed driveway until future connectivity to .east parcel was extended through. This location was discussed as a solution for meeting the 150-foot length for the Fire Department reauirement without having to .provide a temporary turnaround. A motion was not made by the Commission to relocate the trash enclosure. c. Kev Commission Change{s) to Staff Recommendation: i. The Commission modified several DA provisions. as follows: 1) provision 1.1.2(b.) modified to allow continuing .care (out-patient) for the east residents of the proposed facility and strike out out-patient care is prohibited; 2) provision 1.1Z(o.) modified to require striping instead of bollards as reauested by the Fire Department at the 150-foot mark of the east leg of the proposed driveway/private street; 3Zprovision 1.1.2(s.) modified to reauire construction of a S-foot detached sidewalk alone the. north boundary of the property instead of the 10-foot multi-use pathway. ii. Condition 1.2.1 Bullet 4 was modified to be consistent with DA provision 1.1.2(0.) removing the bollard requirement and adding striping at the 150-foot mark of the east lei. iii. Condition 1.2.13 was stricken as the Parks Department communicated to staff the multi-use pathway was proposed along the north side of Cherry Lane instead of the northern property boundary of the site. d. Outstanding Issue(s) for City Council: i. The City Council should determine if the proposed treatment facility, including care of residents and follow-up care of past residents (out-patient) is appropriate in an R-8 zoning district. ii. The applicant should follow up with the Fire Department regarding the replacement of the bollards with the stri in at the 150-foot mark of the east 1 of the drive aisle and modify condition 3.14 accordingly._If the Fire Department still requires the placement of the bollards it will impact the location of the trash enclosure and an appropriate location should be discussed and identified during the hearing. The M eridian Citv Council heard these items on Auk su t 26.2008. At t_he pLblic hearing the Copnc'1 8. the sLbiect A7. and CUP reauest Summary of .City Council Public Hearing: L In favor: Van EIS, Robin Hinkle ii. I~opnosition: None lii. Commenting: None lY. Written testimony: Don Clower ~ taff nresentin¢ application: Anna Cannin yi. ther staff commenting on application: Chief ndercon_ KvIe Radek ]L ev Issues of Discussion by Council• _L .mergence personnel access from the Harkin lot to be ntran c of the. proposed ll. Private street reauirement for the pr posed development 1!L Council wanted clarification on the caliper in b c rea sired for mitt anon. iY~ he site may rea ire a flood plain Hermit prior to d veiopm nt of the ite ~_ ev Council Changes to Sta /Commission Recomm ndatio L dded an additional DA provision. 1.1.2(u.) and a C7IP .con ition of approval 1.2.17 t coordinate with the Meridian Fire Department re~ardinP emer~encv accesc from the parkin¢ lot to each of the buildin~c on the cite. Redmont Health Services AZ-08-008 and GUP-08-015 _2 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 11. ouncil re-affirmed Commi Sion aeHon._renlacin of h hollardc wi h strioin an ire Department agreed to the ctriDinn at the n ~hlic hearin . jjj. ified DA provision 1 1 2(h 1 to include fa ilia a na of the cont'n yin car (5ounselinir/treatment) on the premises. lY. Added an .additional DA provision 1.1.2(v.l and ~bli Workc condition of approval 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-08- 008 and CUP-08-015, as presented in the staff report for the hearing date of August 26, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-08-008 and CUP-08-01.5, as presented during the hearing on August 26, 2008, for the following reasons: (you should state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all Staff', Applicant, and public testimony, I move to continue File Numbers AZ-O8- 008 and CUP-08-015 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: 5075 W. Chenry Lane Section 9, Township 3 North, Range 1 West b. Owner: Thorval Howard Entrepreneurial Fund 1 LLC 519 W. Front Street Boise, ID 83642 c. Representative: Van Elg, The Land Crroup, Inc. 462 E. Shore Drive, Suite 100 Eagle, ID 83616 d. Present Zoning District: R1 (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting annexation and zoning approval of approximately 5 acres from Rl Ada County to an R-8 zoning district and concurrently requesting Conditional Use Permit (CUP) approval to construct and operate a residential care facility consisting of two residential treatment buildings and one administrative building. g. Description of Applicant's Justification for AZ and CUP Approval: "Redmont Health Services provides residential and outpatient drug and alcohol rehabilitation to adults and adolescents. The Redmont Health Services AZ-08-008 and CUP-08-015 _3 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 facility under review will be a private campus consisting of multiple story buildings providing residential and outpatient counseling to families and individuals recovering from substance abuse or chemical dependency. Two buildings will be residential buildings and will house up to 24 patients. The third building is the administrative building. The facility is a 24 hour facility and will employ approximately 41-45 employees." See the applicant's narrative submitted with the AZ and CUP applications and Section 10, Analysis, below 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 Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: June 30, 2008 and July 14, 2008 (Commission); Au u~st 4 and August 18, 200$ fCity Councilj. d. Radius notices mailed to properties within 300 feet on: June 20, 2008 (Commission); August 1. 2008 (Gifu Council) e. Applicant posted notice on site by: June 18, 2008 (Commission); July 30, 2008 (Gifu Council) 6. LAND USE a. Existing Land Use(s): Asingle-family residence and associated outbuildings are currently on the site and will be demolished to develop the site. b. Description of Character of Surrounding Area: This area is primarily single family homes and agricultural land and maintains a rural character. c. Adjacent Land Use and Zoning 1. North: Single Family Residence; zoned RUT (Ada County) and Incline Village Subdivision; zoned R-4 2. East: Single Family Residence and vacant land; zoned R1 (Ada County) 3. South: Single Family Residence; zoned RUT (Ada County) 4. West: Single Family Residence; zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: N Black Cat Road. Location of water: N Black Cat Road and W Cherry Ln. Issues or concerns: Two water connections will need to be established. 2. Vegetation: The subject site has a large amount of trees (354 caliper inches) that are proposed to be mitigated for in accordance with UDC l 1-3B-1 OCS. See Analysis, Section 10 for more information. 3. Floodplain: NA 4. Canals/Ditches Irrigation: The Ten Mile Creek transverses along the southern property boundary. Redmont Health Services AZ-08-008 and CUP-08-O15 -4- CITX OF MERIDIAN PLANNMG DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF AUGUST 26, 2008 5. Hazards: No hazards are known to exist on the site. 6. Existing Zoning: R1 (Ada County} 7. Lot Size: 5 acres f. Conditional Use Information: Non-residential square footage: 24,000 square feet (two 9,000 square foot resident building and 6,000 square foot administrative building) 2. Hours of Operation: 24 hour g. Off-Street Parking: O.S per dwelling unit (Residential Buildings) and lper S00 square feet of gross floor area (Administrative Buitdin~ ] . Parking spaces required: 36 (48 beds X 0.5 and 6,000 / S00) 2. Parking spaces provided: 77 h. Landscaping 1. Width of street buffer(s): A minimum 25-foot wide buffer is required to be constructed along W. Chevy Lane; landscaping within the buffers shall comply with the can ent street buffer landscaping standards listed in UDC 1 l -3B-7. 2. Width of buffer(s) between land uses: NA (buffers between land uses are not required between residential uses) 3. Other landscaping standards: See l l -3B-8, Parking Lot Landscaping, for internal parking lot landscaping requirements. i. Required dimensional standards for the R-8 zone, per UDC 1 l -2A-6: - Maximum building height: 35' - Minimum Lot Size: 5,000 square feet - Setbacks: Front: 15 feet Side: 5 feet Rear: 1.2 feet j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed to/from W. Cherry Lane. 7. COMMENTS MEETING On June 27, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Police Department and Meridian Public Works Department. Staff has included comments, conditions, and recomnnended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Redmont Health Services AZ-08-008 and CUP-08-O15 -5- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE• UGUST 26, 2008 • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACND). 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. • 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 subject site can be serviced by the City of Meridian's sanitary sewer and water system. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility. Billing Services, and Sanitary Services Company. • Chapter VII, Goal N, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. The Comprehensive Plan Map envisions the adjacent properties in this area of Meridian to develop with residential land uses. For the proposed use to be compatible with future residential uses, Staff is proposing a development agreement on this site. Staff believes the proposed development can be harmonious with the existing and future residential developments in the area, if the. conditions of approval are complied with. Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is required to install and maintain a 2S foot landscape buffer adjacent to W. Cherry Lane, an arterial roadway. • Chapter V, Goal III, Objective D, Action 3 (page 43) -Require all new parking lots to provide landscaping in internal islands. The site plan depicts internal parking lot landscaping on the site. Said landscaping should be in compliance with the standards listed in UDC 11-38-8. Chapter N, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The subject property lies within the boundaries of the City of Meridian and can provide the necessary City services. Redmont Health Services AZ-08-008 and CUP-08-015 - 6 - • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal TV) The surrounding area is primarily rural residences however just west of the subject site the Comprehensive plan depicts a neighborhood center which envisions neighborhood friendly services in the area. Staff believes that the proposed use should be compatible with existing uses in the area and provide a necessary service in the surrounding area. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. On the submitted landscape plan, the applicant is proposing a 6 foot vinyl fence along the western property boundary of the site. Prior to any building permits the proposed fencing and temporary fencing will need to be installed to contain debris. • Chapter VI Goal V, Objective A, Action 2: Insure that high-quality emergency care, primary, outpatient, home and log-term care and other types of health care are provided in the community. The UDC.allows Residential Care Facilities in an R-8 zone with conditional use approval. Furthermore, staff believes this facility will be a high quality development, if the conditions of approval are complied with. Chapter V, Goal I, Objective A, Action 11 -Improve and protect creeks (Five Mile, Eight Mile, South Slough ...etc.) throughout commercial, industrial, and residential areas. The Ten Mile Creek, which runs along the southern boundary of this site, should be protected during development of the site. Chapter V, Goal I, Objective A.1 -Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. The Ten Mile Creek, a natural waterway, runs along the southern boundary of this site. As a natural waterway, it will remain open and should be preserved. Staff believes that the proposed use is generally consistent with the Comprehensive Plan and can be compatible with the surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists nursing or residential caze facilities as conditional uses in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. e. General Standards: There are several standards for nursing or residential care facilities listed in UDC 1 ] -4-3..29. Analysis of these specific use standards. are provided in Section 10 below. Redmont Health Services AZ-08-008 and CUP-08-015 _ ~ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T}iE HEAR[NG DATE OF AUGUST 26, 2008 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the AZ and CUP request as proposed, with the following comments: AZ Application: The Applicant is requesting approval to annex and zone approximately 5 acres from the Rl zoning district in Ada County to the R-8 zoning district in the City. The property is currently designated on the Comprehensive Plan Future Land Use Map for Medium Density Residential. UDC 1 I -2A-2 requires CUP approval for nursing or residential care facilities. The applicant is proposing to develop the site as a treatment facility (residential care facility) consisting of two 9,000 square foot residential treatment buildings and one 6,000 square foot administrative building. Future pad sites for two Alzheimer buildings are shown on the site plan; however, they are not proposed for construction with this CUP (they will require separate CUP approval in the future). The annexation path for this site is via Incline Village Subdivision located northwest of the subject site. The annexation legal description submitted with the application (stamped on May 28, 2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. UDC 11-SB-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. Because of the nature of the development, Staff believes that a DA is necessary to ensure that the site develops in a manor that is consistent with the approved plans and does not negatively impact adjacent properties. Staff has included a list of recommended DA provisions below. If the Commission or Council feels additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Residential Care Facilities: As mentioned above, the proposed use is a conditional use in the proposed R-8 district. Staff believes that the proposed use can be compatible with future single- farnily homes in this area. However, Staff has some concerns with some of the uses proposed with the subject application. The applicant states that there will be outpatient counseling. Counseling and care for the patients staying at the facility is consistent with a residential care facility. But offering outpatient counseling is more a professional service use than a residential care use and Staff believes is not appropriate in a residential district. This facility is proposed in an R-8 district and the uses should be related to living on the site. Staff requests that the applicant clarify at the public hearing how the outpatient counseling will function. Staff s initial reaction is to limit the treatment to the residents and relatives of residents. Therefore, a DA provision is included below restricting outpatient services on this site. 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 12 months of City Council approval to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall include, at minimum, the following: a. Until a future CUP is approved, a maximum of 3 buildings {2 residential buildings and 1 administrative building) shall be allowed to be constructed on the site. All future uses on this site will require a new CUP, unless waived by the Planning Director because the use is principally permitted. Redmont Health Services AZ-O8-008 and CUP-08-015 -8- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE• UGUST 26, 2008 b. Treatment on this site (counseling, therapy, etc.) shall be limited to the residents on the site; outpatient services shall be prohibited. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. walking path, garden area, rope course). d. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4- 3-29 far nursing or residential care facility. e. One access to this site, from W. Chevy Lane, is approved. f. All existing buildings on the site shall be removed prior to release of building permits for this development. g. Submit an application for private streets within the development. Two twenty-five. foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. h. A 25-foot wide street buffer will be required along W. Cherry Lane, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. i. With the CZC application, include mitigation details and a plan approved by the City Arborist, for the existing trees on the site, consisting of 354 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. j. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed buildings within this development. NOTE: A CZC application may include multiple structures within the development. k. The Ten Mile Creek shall be preserved and protected during construction on the site. ' 1. Set aside 4$-feet of right-of--way measured from the centerline of Chenry lane for the future road widening. m. The development of this property shall substantially comply with the concept plan in Exhibit A, as determined by the Planning Director. n. Any future buildings shall substantially comply with the elevations in Exhibit A, as determined by the Planning Director. o. Construct private streets to the east and west properties. This includes the pavement and adjacent sidewalks. Place signs at the east and west property lines stating that the roads will be extended in the future. Due to the length and the lack of a turnaround for the east leg, place bollards in the asphalt at 154-feet. These bollards shall be removed once the property to the east is developed and the private street is extended. Cross-access shall be provided to the properties to the west and east of the development. A copy of a recorded easement shall be submitted to the Planning Department prior to occupancy of the first building. p. 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. q. Ali future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. r. The applicant shall be responsible for all costs associated with sewer and water service installation. s. The applicant shall construct a 10-foot pathway along the northern boundary of the property, as proposed. t. UDC 11-3B-7 states if the unimproved street right-of--way is ten feet or greater from the edge of pavement to the edge of property line, and the street widening project is Redmont Health Services AZ-08-008 and CUP-08-015 _ 9 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HBAR'ING DATE OF AUGUST 26, 2008 not in the transportation authority 5 year funded plan, the developer shall maintain a ten foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. In ACRD staff report, Cherry Lane is not scheduled for widening between 2019 and 2028: The applicant shall revise the landscape plan to be in compliance with this requirement. CUP Application: The applicant is requesting CUP approval to ,construct and operate a drug and alcohol treatment facility consisting of two residential treatment buildings and one administrative building. Square footages of the three proposed buildings total 24,000 square feet. The Alzheimer buildings shown on the submitted concept plan are not part of this application and will be reviewed at a later date with future CUP approval. UDC 11-2A-2 requires CUP approval to operate a nursing or residential care facility within an R-8 zoning district. In addition, the proposed use shall comply with the specific use standards of the UDC regarding Nursing or Residential Care Facilities. Specific Use Standards for Nursing or Residential Care Facilities per UDC 11-4-3-29: A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with title 10 of this code. The applicant is proposing to house up to 24 patients per resident building on-site which requires a change of occupancy. 2. The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. The applicant should comply with this standard. B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: The applicant states in the narrative services will be provided to adolescents. 1. All outdoor play areas shall be completely enclosed by a minimum six .foot (6'} nonscalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this code. Not applicable. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. The proposed ropes course should comply with this requirement. 3.Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. The applicant is proposing a rope course at the rear of the proposed buildings. Currently there is a large berm that runs along the southern property line and the canal and should buffer the noise generated by the rope course. However, staff believes the applicant should comply with this standard of the UDC. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation: Abarrier with a minimum height of six feet (6'), along the perimeter of any portion of the site that is accessible to these patients shal'1 be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this code. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005) The future Alzheimer's buildings will have to comply with this requirement with future CUP approval. Redmont Health Services AZ-08.008 and CUP-08-015 _ 1 p _ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Dimensional Requirements of the R-8 zone per UDC Table li-2A-b: On the submitted site plan the proposed buildings comply with the required setbacks and the R-8 dimensional standards. Building Elevations: Elevations for the proposed buildings were submitted with this application, prepared by BRS Architects, labeled as Sheets. A4.1, and are included in Exhibit A. The UDC requires buildings to be constructed of high quality building materials such as stone, brick, wood or other native materials. As mentioned earlier, the applicant is proposing to develop the site in phases with a total of three buildings in the first phase. All three of the buildings are proposed to be constructed of the same building materials. The applicant is proposing a variation is siding materials that includes stucco, lap, shake and board and batten wood siding with a stone veneer accents. Roofing materials are to be 2S year architectural grade composition shingle. Staff believes the buildings will be constructed of quality materials and is supportive of the proposed elevations. Any future buildings constructed on the site shall also substantially comply with these elevations. Parking: UDC 11-3C-6 requires O.S spaces per dwelling unit for nursing or residential care facilities. In addition, 1 per S00 square feet of gross floor area is required for the administrative building. Each of the proposed residential buildings (2 total) is expected to house 24 patients and the administrative building is approximately 6,000 square feet. Based on the parking requirements of the UDC (24 X 2 X O.S) (6,000/S00} the minimum parking for the site is 36 and 77 stalls are proposed. Staff believes this is enough parking to meet the needs of the first three buildings, but may not be enough for the future buildings in the future. Parking requirements will be further evaluated with additional development of this site. In addition, a bicycle rack is required to be installed on the site that is capable of holding a minimum of two bicycles and should comply with the standards listed in UDC 11-3C-SC. If the above changed is made, staff is supportive of the parking for the site. Access: The applicant is proposing to take access to/from W. Cherry Lane. Staff and ACRD are supportive of the proposed access point. For internal circulation, the applicant is proposing a common 2S-foot drive aisle for access within the development. The Meridian Fire Department and the Meridian Police Department have conditioned the applicant submit a private street application for addressing the future buildings. Furthermore, staff believes the applicant should provide cross-access to the parcels to the west and east of the subject site for future connectivity when those parcels propose to annex and develop within the City. Staff has made this a provision of the development agreement. Staff is requiring the applicant stub the west/east drive aisles to the adjacent properties, and place signs at the property line stating that these roads will be extended in the future. Due to the Fire Department's concerns about length of the eastern leg, Staff is requiring the applicant place bollards at 150-feet length because there is not a turnaround. When the property to the east is developed the bollards shall be removed. Staff is also requiring a copy of the recorded cross-access agreement prior to occupancy of the first building. Site Plan: Staff has reviewed the site plan (prepared by The Land Group, dated 0S/28/2008, labeled as CUP-1, included in Exhibit A) submitted with this application. The following items should to be shown on a revised site plan submitted with the Certificate of Zoning Compliance application: • Per UDC 11-3C-tiG, provide a minimum of 2 bicycle parking spaces on the site in compliance with the standards listed in UDC 11-3C-SC. • Per UDC 11-3C-S$3, the parking stalls adjacent to the buildings shall have substantial wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk or the sidewalk may be widened to 7 feet to allow for overhang in this area. Redmont Health Services AZ-08-008 and CUP-08-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 • Signs, and bollards on the east leg, should be along the west and east property boundaries stating road to be extended in the future. • Provide 77 parking stalls, as proposed. Landscaping: Staff has reviewed the landscape plan (prepared by The Land Group, dated 05/28/2008, labeled as L1.00, included in Exhibit A) submitted with this application. The following items should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance: • Per UDC Table 11-2B-3, a 25-foot wide landscape street buffer is required along W. Cherry Lane, as depicted on the landscape plan. However, the landscape plan shows trees planted outside of the buffer. UDC 11-3B-7C3 requires all landscape buffers along streets be planted with trees and shrubs, lawn, or other vegetative groundcover. The applicant should revise the landscape plan to comply with this requirement. • Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and found it substantially complies with the landscaping requirements in UDC 11-3B-8. • UDC 11-3B-7 states if the unimproved street right-of--way is ten feet or greater from the edge of pavement to the edge of property line, and the street widening project is not in the transportation authority 5 year funded plan, the developer shall maintain a ten foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. In ACHD staff report, Cherry Lane is not scheduled for widening between 2019 and 2028. The applicant should revise the landscape plan to be in compliance with this requirement. ~ Construct a 6-foot vinyl fence along the western and eastern property boundaries. Meridian Pathways Master Plan: The City's pathway plan has identified this site as a potential to extend the pathways network. In the text section of the Pathway plan (page 4-13) a portion along the northern and southern boundaries of the subject site are identified as possible pathway locations. The reason for the two locations on the subject site is one location is a short-term route and the other is a long term route. The document states the short term route is an on-street route along W. Cherry Lane located along the northern boundary of the site and the long term route is along the south side of Ten Mile Creek and does not require the pathway to be located on the subject property. The applicant is proposing a 10-foot detached pathway within the required landscape buffer to comply with this requirement. Staff is generally supportive of the pathway location; however, the applicant should contact the Parks Department to determine the preferred location of the proposed pathway and ACRD to verify that they are okay with the pathway too. Mitigation: The landscape plan depicts 5 existing trees, consisting of 167 caliper inches, on the site that are proposed to be remain during the development of the property. All other trees that were not labeled to remain are proposed for removal. The applicant states the total caliper inches proposed for mitigation is 354 caliper inches. Staff has been informed by the applicant that the City's Arborist has met with the applicant on site and is currently working on a mitigation plan. Per UDC 11-38-] 0, mitigation is required for all existing trees fl- inch caliper or greater removed form the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. Staff recommends that the applicant comply with the mitigation standards listed in UDC 11-3B-1 OC. Amenities: As mentioned earlier, the applicant is providing amenities on the site for future Redmont Health Services AZ-O8-008 and CUP-08-015 _ 12 _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 patrons to use. The amenities include areas for flower beds, a convenient and large common area, a pathway system and a rope course. Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Hours of Operation: The proposed facility is requesting to operate as a 24 hour facility. Staff is recommending provisions be in place to allow for 24 hour care on the property. Staff recommends the shift changes for the staff not occur between the hours of 11 pm and 7 am to not disturb the residents of the current and future adjacent neighborhoods. If the applicant complies with this recommendation, staff is supportive of the applicant's request for 24 hour use. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for the proposed building on this site. The applicant should submit revised plans that comply with the conditions of approval listed in Exhibit B of this staff report, with the CZC application. All improvements must be installed prior to occupancy. NOTE: A CZC application may include multiple structures within the development. 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; asingle- point connection to the culinary water system shall be required. If a single-point connection is use, 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 ali landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-I-28. Existing Structures: The site currently contains an existing single family home with associated outbuildings which are slated for demolition to make way for the proposed treatment facility. Prior to the issuance of building germit, the existing home and outbuildings on this site shall be removed. Fencing: On the submitted landscape plan, fencing is being proposed along the western boundary of the site. No other fencing is being proposed with this application. However, staff is recommending a 6-foot vinyl fence be placed along the eastern boundary to buffer against future residential that has the potential develop in the area. The comprehensive plan designates the parcels to the east as Medium Density Residential and the use the applicant is proposing is more intense than a residential development. Prior to any building permits the proposed fencing and temporary fencing will be required to be installed to contain debris. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC l 1-3A-7. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being developed shall be covered. The Ten Mile Creek is a natural waterway and should be preserved and protected with development of this property. Redmont Health Services AZ-08-008 and CUP-08-O] 5 - I'3 - • CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Private Streets: The applicant is not proposing private streets within this development. However, for addressing purposes, the Fire Department and the Police Department are requesting private streets be provided within this development. The applicant shall submit a Private Street application with the CZC application (if not before). 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. 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 Marshall: 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. The Fire Department is requiring a travel lane of at least 24 feet; however, the UDC requires a 25- foot two way drive aisle width. The submitted site plan complies with this requirement. c. Sidewalks: Afive-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. Five foot wide detached sidewalks are proposed in front of the structures adjacent to parking. These sidewalks shall be extended to the east and west property lines. 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. b. Staff Recommendation: Staff recommends approval of A~08-008 and CUP-08-015 for Redmont Health Services, as presented in the Staff Report for the hearing date of July 17, 2408, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian. Plannin>r & Zoning Commission heard these items on July 17 2008 At the public hearing Redmont Health Services AZ-08-008 and CUP-08-O15 _ ~ 4 _ ' • • C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 ~ubiect 7, and _i1P reaLe t 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. CUP Site Plan (prepared by The Land Group, dated 05/28/2008, labeled C1.00) 3. Landscape Plan (prepared by The Land Group, dated 05/28/2008, labeled L1.00) 4. Building Elevations/Floor Plans (prepared by BRS, labeled Sheet Al . i and A4.1) B. Conditions of Approval 1. Planning Department 2. Public Works Department3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health C. Legal Description and Exhibit Map D. Required Findings from the Unified Development Code Redmoni Health Services AZ-O8-008 and CUP-08-01.5 - I S - • • CITY OF MERIDIAN PLAiJNfNG DEPARTMENT STAFF REPORT FOR THE HEARLNG DATE OF AUGUST 26, 2008 A. Drawings 1. Vicinity Map _....._- 22515-~--- 5322 ! 5200 5150 ;+ ~ ,~ 1 w N r O ~~ _N l~ Z N 1947 5136 ~' 4 ~, a . tie g a~ q ~ ~ °+ 8 0 -8 ~. 9 'L ''~ ~m~oaa 6' ~ d' . a ~_ ~ A a "~ 9 a d a ~~ 0~a , ' 1923 ~ ~~ „~ ~ ~r sly- ~ L ~. ~~ np s ~~. ,~o~.. y ~ o ~+ ~ 9aPi'•a 1 H i __--1._---_ 4920 --- -- _-_~ 5120 i 4920 i 4$88 i ~- i ~~ ST ! --Y'T'T ~ .'. .. Q ~ a 7 I ~n N 5304 5150 537j ~ ,, I 118 Exhibit A -1- 1035 5038 ~ - I i 4g60 gs$ . CITY OF MERIDIAN PLANNING DEPAR•NT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 2. CUP Site Plan I6 ~ o4eDl 'ulegwWio WO ~ i s ~ G- at ~' O _ _ ~ •au~ ~sea~NaS 411eaW wowpey veld ails apeway~ _ ~~ ~~,~ i ~jT ~®g~ .1 ~ U ~`, u ._ . ... , .4~ t~ ~~~ : :., ``may ~; .~ I _~ ~L ``~~-' I~ ~~ .~ ~~ :: ~: `~ _~. `\ ~ v r' .... k~ '~ i • x•-~ z° . O + (~ z ~n i ~ J ~' ~ ~ m ' N ~ ~ ' ,ti~; .. ... y~ a• .. ~A~ ~i~ ,,^Q~ -.--- ~ - z,~ . ,n ..:.Yc~ ~..~ ; .; uA ~ ~~ ~ ~ :" ~ ~~~ .~~ ~. ~ ~~~~; a 1. . ~ e5 ~~ 1:, ~= Y, :J u Y ;` ~ 6 ~ E pg~pg[~[~~yy~~ ~~$~p$~~ y~~~~yygpt SP~~F~ ~%i~l'8 ?Y'~d€ ;t d ~. . ^~~, ' 1 ., ~ I ~' •.:: Exhibit A -2- CITY OF MERIDIAN PLANNING DEPART~NT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 3. Landscape Plan WePI '~IeVIHWI to R11~ ~ a I ~ , ~ ~ ~ t i~ ~t iR j ,oul ~sea~aeS 411~H luowped ueld edeospue-~ ollewe4oS: ~ +' s~ e - I $ I d c _*r ;~! 's i . ~y > ~~ _ r _tS=_ %~:~'- ='=*5 y 'L r. ~~ z i ; & ;. ;I '~ i.~ ~ ~j . ,~ ~ ~`=~ I ~ I ~ i~ f ~;, ` ~, ~, i y , ~ ` f 1... ,- _ . ir- ~ ' `+ ~ ~ ~ ~ __ . . f ~' j: ,f ©~ .li I i~ j ; ~ ~ ~, Il i~ -_~ i ;. _.~' ~. ~ -, gi ! h' (~ I i j l .. ~ ~ _ ~ .. l .. , p ~ +_~ . ~ ~ 1 f. ~ .1 4j. /_~ 'w i GV ~ ~, 9 ~iil9~ 3r ~[~ ~~ { i ~ j~ ~4 ~ I ~i~~ iti{ {~~1 T ~ ~!lld~ .~:~ ~i -~; a J L d 1 `,Y :' .. ~ . ~I~O _ ~ .. % , .. ift _.._..... _- cis z ~:t O ~f1 _ yy '~1 ~ ~ ;~ U ~ tl ~ • i•i Exhibit A _ 3 _ • CITY OF MERiDTAN PLANNLNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 4. Elevations V ~ ! o o ~ m ~ © ® o m ~ 2 o ' f~ if ~. t 3 ~ ! O O t i .~ ~ It NJ ~ I~ Q ~ ~ ~ ~ ~ ~L'J 0 'Fl.OOR FLAN ...v Exhibit A _ 4 _ R~dtut ~ . • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF AUGUST 26, 2008 -- REAR ELEVa7toN `i' "" ~ - - - - .,y ..... Ad~uistr.~t#ve ,, 7 - T T ~_ o 0 0 __._.- o ~ ~ .- .~~ ;~ : t s o o ~ o b ~4~ -O ~.._,__ .. ~ n ~._..~ ~-- , e -- - ~ c- - - - ® ©- -~ I ~ ~ a ~ ~_~ O ~ ~ ~ - ; , o o _ - - ~- i o o a --~ ~ , ~ , ~ ~, FLOOR DLHiJ e Exhibit A - 5 - • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1..1 The annexation and zoning legal descriptions submitted with the application (stamped on May 28, 2008 by Aaron L. Ballard, PLS} is accurate and meet the requirements of the City of Meridian. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation and zoning ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 12 months of Council approval to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall include, at minimum, the following: a. Until a future CUP is approved, a maximum of 3 buildings (2 residential buildings and 1 administrative building} shall be allowed to be constructed on the site. All future uses on this site will require a new CUP, unless waived by the Planning Director because the use is principally permitted. b. Treatment on this site (counseling, therapy, etc.) shall be limited to the residents on the site; ontinuina care of the residential patients and their families is allowed provided it is consistent with the Redmont Health Services business/treatment plan for residential care facilities. c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. walking path, garden area, rope course). d. The sitelstructures shall comply with the Specific Use Standards listed in UDC 11-4-3- 29 for nursing or residential care facility. e. One access to this site, from W. Cherry Lane, is approved. f. All existing buildings on the site shall be removed prior to release of building permits for this development. g. Submit an application for private streets within the development. wee Two twenty- five foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. h. A 25-foot wide street buffer will be required along W. Cherry Lane, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11-3B-7C, Landscape Buffers along Streets. i. With the CZC application, include mitigation details and a plan approved by the City Arborist, for the existing trees on the site, consisting of 354 caliper inches, proposed to be removed, in compliance with UDC 11-3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. j. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed buildings within this development. NOTE: A CZC application may include multiple structures within the development. k. The Ten Mile Creek shall be preserved and protected during construction on the site. 1. Set aside 48-feet of right-of--way measured from the centerline of Cherry lane for the future road widening. m. The development of this property shalt substantially comply with the concept plan in Exhibit A, as determined by the Planning Director. Exhibit B _ I _ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2Q08 n. Any future buildings shall substantially comply with the elevations in Exhibit A, as determined by the Planning Director. o. Construct private streets to the east and west properties. This includes the pavement and adjacent sidewalks. Place signs at the east and west property lines stating that the roads will be extended in the future. Due to the length and the lack of a turnaround for the east leg, p1aEe-hel~la~s stri a the asphalt at 150-feet. The bell~ds stri in shall be removed once the property to the east is developed and the private street is extended. Cross-access shall be provided to the properties to the west and east of the development. A copy of a recorded easement shall be submitted tot eh Planning Department prior to occupancy of the first building. p. 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. q. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. r. The applicant shall be responsible for all costs associated with sewer and water service installation. s. The applicant shall construct a -1.8-#'eet-paay 5-foot wide detached sidewalk along the northern boundary of the property, as proposed. t. The developer shall maintain a ten foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover in accordance with UDC 11-3B-7. u. Coordinate with the Meridian ire Department regazding eme~gencv access. from the parking lot to each of the buildings. on the site. An emergency access. lane shall be delineated within the narking area to facilitate emergency vehicles to allow emergency personnel unobstructed access from the narking azea to the front of the .future buildings. v. portion of this development lies within the Meridian Floodnlain Overlay District. The applicanE will be required to submit a Floodnlain Development Pel~t~nd..secure ~~ ova be o 't va u' a development f Base Flood Elevations mapping of the floodplain and / or floodwav boundaries_ .and ~nalvsis of the effect of the develop ent on the floodpl~ ~p2icant should reference City Flood Damage Prevention Code and coord'nate with the Floodnlain Administrator to verify requirements. 1.2 CONDITIONAL USE PERMIT 1.2.1 The site plan, prepared by The Land Group, dated May 28, 2008, is approved with the following modifications: • Per UDC 11-3C-6G, provide a minimum of 2 bicycle parking spaces on the site in compliance with the standards listed in UDC 11-3C-SC. • Per UDC 11-3C-SB3, the parking stalls adjacent to the buildings shall be provide substantial wheel restraints to prevent cars from encroaching beyond the stall area onto the sidewalk or the sidewalk maybe widened to 7 feet to allow for overhang in this area. • Provide 77 parking stalls on the site as proposed. • Signs, and 13e1s .striping of the asphalt on the east leg at 150-foot mark, should be placed at the east and west property boundaries stating "road to be extended in the future". 1.2.2 The landscape plan, prepared by The Land Group, dated March 28, 2008, is approved with the following modifications: Exhibit B - 2 - CITY OF MERIDIAN PLANNMG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Per UDC Table I 1-2B-3, a 25-foot wide landscape street buffer is required along W. Cherry Lane,' as depicted on the landscape plan. However, the landscape plan shows trees planted outside of the buffer. UDC 1 I -3B-7C3 requires all landscape buffers along streets be planted with trees and shrubs, lawn, or other vegetative groundcover. Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and found it substantially complies with the landscaping requirements in UDC 11-3B-8. UDC 11-3B-7 states if the unimproved street right-of--way is ten feet or greater from the edge of pavement to the edge of property line, and the street widening project is not in the transportation authority 5 year funded plan, the developer shall maintain a ten foot wide compacted. gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover. Construct a 6-foot vinyl fence along the western and eastern property boundaries. Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the CZC submittal. 1.2.3 The building elevations, prepared by BRS Architects, labeled Sheets 4.10, are approved. 1.2.4 The applicant shalt submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits for the proposed building. 1.2.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of i 10% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.2.6 No business signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.2.7 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within l 8 months of approval, a new conditional use permit must be obtained prior to operation. 1.2.8 The staff shift change shall not occur between the hours of 11 pm and 7 am on the site. 1.2.9 The site shall comply with all of specific use standards in accordance with UDC l 1-4-3-29, as applicable. 1.2.10 The owner and/or operator of the facility shall secure and maintain a license from the state of Idaho department of health and welfare, facility standards division. 1.2.11 The applicant shall submit an approved site plan from Sanitary Services Company (SSC) with the Certificate of Zoning Compliance application. 1.2.12 The applicant shall submit a private street application with CZC submittal. 1.2.13 1.2.14 A copy of a recorded cross-access easement to the properties to the east and west to use the private streets as access shall be submitted with CZC submittal. Exhibit B - 3 - • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 1.2.15 Prior to issuance of a building permit, the existing structures shall be removed from the site. 1.2.16 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. 1.2.'17 coordinate with the Meridian Fire Department regazdine emer>?encv access from the parking~lo to each of the buildings on the site. An emerpencv access lane shall be delineated within the parkin area to facilitate emeruencv vehicles to allow~mersrencv personnel unobstructed access £I.4m the ap rkine area to the front of the future buildines 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Black Cat Road. 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 W Cherry Lane and N Black Cat Road. The applicant shall be responsible to install a looped 8 inch water main from N Black Cat Road to W Cherry Lane. The applicant is allowed to phase the water line connection as the other pazcels develop granted all easements are dedicated to the City of Meridian and surety is collected. The applicant shall be responsible to install water mains to and througk~ 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 standazd 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, asingle-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. Exhibit B - 4 - • • CITY OF MERIDIAN PLANNING DEPARTMENT S7`AEF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 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. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 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 crawl spaces is 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 2.1.9 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 certif cation 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 Exhibit B _ 5 _ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 2.21 ~,~.ortion of this development lies wit hin the eri dian Floodnlain Overlay District The ~plicant will be required to submit a Floodnlain Development Permit and secure approval before ~ construction can besrin ermit ap proval may require development of Base Flood Elevations appin~ of the F oodplain and / or floo dwav boun daries. and analysis of the effect of the evelopment ort a Foodplain Appli cant ~ d reference City Flood Damane Prevention Code ~c~.~oordinate w ith the Floodnlain Atl ~trator to verify re9uirements 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 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 afire-flow consistent with the International Fire Code to service the proposed proj ect. Fire hydrants shall be placed per Appendix D. 3.4 There shall be a fire hydrant within 100' of all fire department connections. 3.5 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 appazatus 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}. 3.6 The buildings on the site shall require a NFPA 13R or 13D sprinkler system and fire alarm system per NFPA 72. 3.7 Rinal 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 mazkers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing pernuts. 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. Exhibit B _ fi _ • CITY OF MER1DiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.8 For all Fire Lanes provide signage "1`io Parking Fire Lane". 3.9 Provide private streets for addressing the each proposed building. The private roadway shall be constructed a minimum of 24 feet in width, have a turning radius of 28' inside and 48' outside and be able to accommodate an imposed load of 75,000 GVW. 3.10 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. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Buildings over 30' in height are required to have access roads in accordance with The Intemational Fire Code Appendix D Section D105. 3.14 The east/west private street shall have a sign ~s and strininQ located at 150-foot (measured approximately 50 feet from the eastern property line) stating road to be extended in the future. Said placement of sign er-liel~}s and stripine shall be Meridian Fire Department approval and comply with the 150-foot distance requirement. 4. POLICE DEPARTMENT 4.1 The applicant shall provide private streets within the development for addressing each proposed building. 5. PARKS DEPARTMENT 5.1 No comments received from the Parks Department. 6. SANITARY SERVICES COMPANY 6.1 SSC did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Dedicate 48-feet ofright-of--way from the centerline of Cherry Lane abutting the parcel where it does not currently exist. 7.2 Construct a 5-foot concrete sidewalk, a minimum of 41 feet from the centerline of Cherry Lane. 7.3 Construct a 25-foot driveway access to intersect Cherry Lane located approximately 160 feet east of the westernmost property line (measured property line to near edge). Exhibit B - 7 - • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 7.4 Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7.5 Other than the access specifically approved with this application, direct lot access to Cherry Lane is prohibited. 7.6 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that'may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.4 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.5 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.6 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.7 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.8 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.2.9 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at Least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffc Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.10 No change. in the terms and conditions. of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to -~ obtain written confirmation of any change from the Ada County Highway District. 7.2.11 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ail 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. 7.2.12 Comply with the District's Tree Planter Width Interim Policy. Exhibit B - 8 - CITY OF MERIDIAN PLANNING DEPART1GtENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 7.2.13 Private sewer and water systems are prohibited from being located within any ACRD roadway or right-of--way. 8. CENTRAL DISTRICT HEALTA 8.1 After written approvals from appropriate entities are submitted, we can approve the proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is-not to create a mosquito breeding problem. 8.4 Central District Health will require plans be submitted for a plan review for any food establishments. Exhibit B - 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 C. Legal Description and Exhibit Map ~* iii 7pE I.AIVO GROUP, INL. May 2a. 200s Protect No. 08055 Annexation and Rezone Le8>sl Description 5.00 Acres Eit>fIIBIT "A" A tract of land situated in a portion of the NorUlealR One Quarter of the Northeast One Quarter of Section 9, Township 3 North, Range 1 Went, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found t!2-inch steel pin rrmaumenting the North One Quarter Coeur of said Section 9 and being on the cernaliae of Chevy Lane, thence following the northerly line of the Northeast One Quarter of said Section 9 end said centerline, South 69°37'38" East a distetux of 1,641.35 feet to a point, which bears North 89°37'36" West a distance of 1,008.59 feet from a foutui 5/8-inch steel pin tiwnutrsegtiag the Northeast Comer of saidSection 9 atld being Use POWT OF BEGINNING. l'hence folbwi>tg said northerly lice and said oeaterline, Soutls 89°37'38" East a distance of 391.73 feet w a point; Thence leaving said northerly liacand said centerline, South tNl°00'02 East a distance of 622.14 feet to a point on the costetline of a ditch; The»ee following said oenterline, North 70°41'08" West a distance of 233.55 fcet W a point; Thersce following said centerline, North 72° 16'08" West a distance of 179.76 feet to a poiru; Thence leaving said centerline, North 00°00'02 East a distance of 492:66 fat to the POINT OF BEGINNING. 7'he aboveilescribed tract qt land contains 5:00 acres, rnorc or less, subject to snyexisting easements orrights-of--way. Prepared By: TYiE LAND GROUP, INC. 462 E. SHORE DRIVE, SUfPE 100 EAGLE, IDAHO 8361 ti 208-939-4041 208939-4445 (PAX) Laaruyss.9addrwa+. • Sr& Pb.ag •Gw/ EsgiawnrS /~'(.ima /n~e,nn• e~ F 1s0 River 'ism Vlnue, Twn FdL.~, Ida)w P~08.i3].ADat F 208.~)7A005 t:~`2f103\A80i5\•t d.r,~n\I<~alsU (yt(t52' PNG55 Var< Vag; 1 0( 7 j~ to G Z "~'f V ~~ w Exhibit C - I - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 Cll. CHERRY LANE Situated in a portion of the Northeast 1/4 of the Northeast 114 of Sediort 9, DINT OF BEGINNING Township 3 N, Range f W, B.M., 9~S ~ ~~~ Ada County, Idaho _ ss9.37'3s'f 2c~49.44' zoos ~^t64t.35' 391...73' ~ - 1 616.86' ~' ~ _ _ _ i/2-INCH STEEL PIN r t/4 CORNER SEC 9 5/8-INCH STEEL PIN PANT Of COMUENCMENT NE CORNER SEC. 9 SO75 W. CHERRY LANE ~ CEJRRENT TAX DTST1tJCT: R-1 ~+ PROPOSED TAX DISTRICT: R-8 ~ ~ n W V'1 ~. Legend `-~` CAtcuuTED ?DINT • ~ 5/s-INCH STEEL wN R I/7-INCH STEFL 9Hi PROPERTY $OUMOARY LINE - ^- NfGIT-Of-N'AY LINE ~ - - - CENTERIINF /SECTION lP1E N7p - ry X33 6 LANO _ ._ a 12459 ~`'M-'L. 8~~'J' ~•~~ ~ROVp. Jxc. Redmont Health Services ~; ^~- Annexation 8 Rezone ~„~,~ City of Meridian N2: 1'=tar ~r~ 0&28-08 Exhibit "B" Exhibit C _ 2 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE•AUGUST 26, 20Q8 D. Require Findings from the 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 R-8, 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. b. The mag amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the existing and proposed use of the property as a residential care facility is a conditional use in the R-8 district and is generally consistent with the future land use map designation of medium density residential for this property. 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. 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-SB-3.E). The City Council finds that the annexation and zoning of this property to R-8 would be in the best interest of the City. 2. CUP Findings: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The existing site is large enough to accommodate the proposed use. However, the R-8 zoning district requires CUP approval for Nursing/Residential Care Facilities in accordance with UDC 11-2A-2 and strict adherence to the. specific use standards in UDC 11-4-3-29. See analysis in Section 10 for more information. Staff recommends the Council rely on Staffls analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. Exhibit D • CITY OF MERIDIAN PLANNMG DEPAR~ENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 26, 2008 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the Cotprehensive Plan Future Land Use Map designation for this property is Medium Density Residential. The subject property is proposed for R-8 zoning and complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and ]0 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council fmds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood. and with the existing and intended character of the area. Further, the Commission believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council fmds that the site will be adequately served by the previously mentioned public facilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The City Council recognizes that traffic and noise is a concern; however, the City Council does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. The City Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. S. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Council's attention. The City Exhibit D - 2 - CITY OP MERIDIAN PLANNING DEPAR~NT STAFF REPORT FOR THE HEA ~ ' RING DATE OF AUGUST 26, 2008 Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit D -3- October 24, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT DBSI Meridian 184, LLC ITEM NO. 5_~ REQUEST Development Agreement -- Request for a Rezone of 27.17 acres from I-L to C-G zones for Kennedy Commerc~ai Center -- 1250 West 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 aBached ~ ~~c~v ~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • RZ 08-003 October 28, 2008 • ADA COUNTY RECORDER J. DAVI~IARRO AMOUNT .00 39 BOISE IDAH010131108 08:45 AM ~~!! DEPUTY Vicki Allen ~~~ ~~~~~~'~~~~~~~~~~~~~~~~~~~~~~ ~~:~ ~~~ RECORDED-REQUEST OF 108 1 1 9853 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. DBSI Meridian I84, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this iLOt''' day of ~~,~ , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and DBSI Meridian I84, LLC, whose address is 1550 S. Tech Lane, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhas submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of C-G, General Retail and Service Comrnercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the. subject Property held before the DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 1 OF 10 • Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council; the 7th day of October, 2008, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS,, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 2 OF 10 • 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to DBSI Meridian I84, LLC, whose address is 1550 S. Tech Lane, Meridian, ID 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G, General Retail and Service Commercial District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All future development of the subject property shall comply with City of Meridian ordinances in effect at the tune 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 .City as shown in Exhibit A.2 and A.3 of the staff report, as amended herein, and with the requirements of this 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 iri Exhibit A.2 and A.3 of the staff report. Construct a minimum of DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 3 OF 10 • • 8 and a maximum of 20 buildings on this site. The maximum total square footage for all the structures located within Kennedy Commercial Center Subdivision shall be limited to 324,579 square feet (i.e. 120% of the square footage listed on the conceptual site plan). No single building shall exceed 80,000 square feet without the Developer obtaining a conditional use permit. Further, no building shall exceed 3 stories in height. 3. 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-O1-009, 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 1 i -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. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 4 OF 10 • Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 5 OF 10 ~ ~ 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-S-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developercgree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ 08-005)'KENN'EDY COMMERCIAL CENTER PAGE 6 OF 10 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: DBSI Meridian I84, LLC 1550 S. Tech Lane Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that tune is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 7 OF 10 • • upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerand City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a, zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 8 OF 10 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DBSI Meridian I84 LLC, an Idaho limited liability company By: DBSI 2006 Land Opportunity Fund LLC, an Idaho limited liability company Its: Member By: DBSI Land Development LLC, an Idaho limited liability company Its: Manager By: Ieremy Swenson, Manager City of Meridian By: ~~ Mayor Tamm de Weerd ATTEST: ~ +~ ~Is = aycee Holman, City Clerk 9 ~ __ ~, .9 Q~ ~~ Q ~. DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 9 OF 10 STATE OF IDAHO County of Ada ss On this ((,~~day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Jeremy Swenson, known or identified to me to be the Manager of DBSI Land Development LLC, which limited liability company is known or identified to me to be the Manager of DBSI 2006 Land Opportunity Fund LLC, which limited liability company is known or identified to me to be the Member of DBSI Meridian I84 LLC, and acknowledged to me that he executed the same on behalf of said limited liability company and that said limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,p0~yr..c cu0ire! ee°eeo~O ®F °T °e~I~9,oo~i e° w .ee owe ~ ~ e .~e® g e°e AUB~.tG ~ • ~~ • g~- ~;~ ®F ~~ Po°°e STATE OF IDAHO ) ss Notary Public for Id ,. Residing at: My commission expires: // /~ .- ~ CJ~ ~ County of Ada ) On this 2~ day of ®C~ ~,~ , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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~an®d ~Qar in this certificate first above written. ®~~PgA 11~,`4,~, o (SEAL) a ~ ~ o otary Public for Idaho m ~ • Residing at: .tP~, ~, Commission expires: - ~ '~ s • ®teso° DEVELOPMENT AGREEMENT (AZ 08-005) KENNEDY COMMERCIAL CENTER PAGE 10 OF 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 4. Legal Description & Exhibit Map for Property proposed to be Rezoned~C-G TOOT~AN•OSTON F,9it~138IIVG COIM~AAIY aa~narxoermpus» em 4m!io~t satafv~ et7t9E, iDAHO.a37ta~9 •uss • r,~c ~a~s-szea tmd~~w~ Prod Nos 07041 nam: ltvre I i, 2008 Page: l of 1 Ii~1T °A" Land Descdptioa - For Re Zoning Purposes of Prapos~ Key Camel Center Sulydivi~on A pairel of lend located in the Sfi 1/4 of the 9~N 114 of Seatioa 13, Taeraship 3 North, Range 1 West, Boise Meridian. Ada Cormty, Idaho, more pardenlady dew as fblioas: COMi1~NC~IO at a found 5/8" teber marking the Swath ll4 calmer of said Section l3, from which a fwmd 1P2" rebar marking the Qamer camnion to Sections 13,14, 23 end 24 beers N:89°07`22"W., Z655.b2 feel; thence, along the southerly line of mid Section 13 (oepterliue of W. Overland Road), A.) N.89°OTZ2"W.; 577.77 fern. to the POIQVT OFBECi1V1V~iG; lheneey cotranuing 1) N.89°OTZ2"Vrl.. 750.07 heat to tie southwest cataerofthe SE l/4 ofthe SW l/A of said Section 13; thence, along the westerly Unu of seld S8114 of the SW !J., 2) N.00°31'S0"8.,1123.83 ibet tb a fouml Sl8" rebar ~ the srsutherly right-0f-way line of Interstate Highvray I-84; thence, along said Y right-ofway link 3) 9.89°34'29"8..1327.37 feet to a found 5/8" mbar oa the easteety line of ~d SH 1/4 of the SW 114; theuce~, .along said easterly IIne, 4) S.Oa°3679'"W., 585.98 ~ to' a found 5/8° raber;.tlteace, S) N,89°40'S7"W., 578.55-feet to a found 518° rebar, theaex, ~ 3.00°ZS'3Z"W., 542.66 ii:et to the POIIY7' Olt BEG>AINTiNG. CONTAIIVING: 27.17 acres, more o:less. BUHJI;i.~ TO: All Cor'. Rights,, Rights-of-Way. 8ssemants of Rm~rd end any Fmcumbra~ncs~. ;' ~vaL JUN t3 ~ tit F41WCi11WPrdn14URViC Sao ReLmed°e BOISE • Ct3EUR d'ALENB • CAI.DI+YELL Exhibit A- 5 • CITY OF MERIDIAN E IDIAN~~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND i o 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. 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-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-003 -I- • 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 aze 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-SA and based upon the above and foregoing Findings of Fact which aze herein adopted, it is hereby ordered that: 1. 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 ~ ~ a$ of ~~ 2008. y COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER J6E B9I~'pg~. ~~ ~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: `~~~'~~ ~ ~~~ U ~ - AL Jaycee loran, City Clem '~ $'~ VOTED (/~Q_o~ VOTED VOTED VOTED (J,e~ VOTED Weerd Copy served upon Applicant, Th~'~'}}~$~~``artment, public Works Department and City Attorney. B~c~(~IUU y ~ Q ~,,,r-' Dated:_ (~`q -C~~ 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 STAFF REPORT Hearing Date: September 23, 2008 TO: Mayor & City Council FROM: ~ Sonya Watters, Associate City Planner E IDIAN~- (208) 8845533 t D A H 0 SUBJEG°T: Kennedy Commercial Center • CPA-08-0OS 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. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DBSI Meridian I84, 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 azea, 27.17 acres, from I-L (Light Industrial) to~ C-G (General Retail 8Z 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. Z. SUMMARY RECONIII~NDATION Staff has provided a detailed analysis of the requested CPA and RZ applications below. After carefW 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 Ezhibit C of this staff report. Per Idaho State Code, Title 67, Chapter 6S, 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 DEPARTMENT STAFF REPORTFOR THE HEARING DATE 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 reaaest. a. Summary of Commission Public Hearing: i. In favor: Richard Andrus; Russ Merrill ii. In opposition: None iii. Conunenting• None iv. Written testimony: Richard Andrus v. Staff presenting application: Caleb Hood: Anna Canning vi. 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 c. 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 C-G zoning district as requested is appropriate for this property. g. Summary of City Cocci Public Hearin, i. 1n favor: Hethe Clark: Bill Bach iL In onnosition: None jjj. S'ommenNng• None lY. Written testimony: None yam, Staff presenting anulication: Sonya Wafters yy Other cta$ co m ntin on annli~tion: nna C9nninw b, Kgy Issues of Discussion by Council: Kennedy Commercial Center CPA RZ PAGE 2 ro e ii. The applicant's reaaest to modify DA provision #2 per the letter .submitted by Richard Andrus• and iii. Discussion about limiting the maximum number of buildings on the site to 20 instead of itv Council's reaaest lase Section l0 of the staff renort_ Wage 121. iL Add a DA provision for outdoor study areas associated with the education facility to be located on the south side of the bnildinQ away from the interstate. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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-U03, 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-OU3, as presented during the heating 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 837U2 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 Kelmedy 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 (Gifu Conncill e. Radius notices mailed to properties within 300 feet on: July 14, 2008 (Commission); Aneust 29. 2008 (Gifu Councill f. Applicant posted notice on site by: July 19, 2008 (Commission); Aneust 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, zoned RUT dt Rl (Ada County) 4. West: Vacant property, zoned I-L d. History of Previous Actions: • A Planned Development/Conditional Use Permit (CUP-U1-009) was approved for this property in 2001, under the name of Treasure Valley Technical Center, which allowed for daycaze, 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 e~`ect. 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 PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 Plari Map Amendment and Rezone. (Note: The Western Electronics property consists of un platted land.) e. Existing Constraints and Opportunities: 1. Public Works City water 8t 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 CUPO1-009, 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 comer 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 f. 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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIlVG DATE 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 azeas, uses may include wazehouses, 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 recommendations 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: "T'his 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 sMng of commercial uses along this section of Overland Road. Flurther, 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: 7lvo 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 Glity 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. nth 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 N (page 112) -Encourage compatible uses to minimise 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 N, 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 2S;foot wide street buffer was required along E. Overland Road and a SO-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, ij this property is changed from industrial to commercial, the undeveloped properties to the west may request a similar change in the future. • Chapter N, 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 aze 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 PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 necessazy services aze 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 forthis area. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from afarming-based economy to a retail, service, and manufachuing-based economy. During this time, local policy with regazd 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 C~ C~ CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 j. Hazazdous 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 pazks 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 aze 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 azea has deemed this site more appropriate for retail, service, and office uses, thus justifying the request the land use change to "Commercial" m. 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 I84 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 aze 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- Gzone. (See UDC Table 11-2B-2 for a complete list of allowed uses in the C-G zone.) b. Purpose Statement of Zone (iJDC 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 u CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF SEPTENIDER 23, 2p08 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 Siaff 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 developmentlconditional use permit (CUP-O1-009) 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 map 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 Staffs analysis regarding the CPA amendment. The rezone legal description prepared by Steven J. Frisbie, PLS, dated 6/11/Q8 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 u CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 aze 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. StafJ`'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 e,,(ject 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 squaze 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 aze depicted along the frontage of Interstate 84. Four office buildings consisting of 31,475 s.f., one bank building consisting of 7.SK s.f., one restaurant building consisting of S.SK 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. Sta,,Q` 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-SB-3D2 provides the Planning 8t 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 substent~y comply with the conceptual site plan and include the materials found in the building elevations submitted to the Kennedy Commercial Center CPA RZ PAGE I 1 CJ CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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. Ci Exhibit A.2 and A.3. Construct a minimum of 8 and a maximum of ~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 324570 square feet (i.e. 120% of the square footage .listed on the conceatual site plan). ° .Further, no building shall exceed 3 stories in height. 3. 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 rece~ condition of approval and/or .zoning determination shall control. The Planning Duector shall determine_if a conflict exists. between earlier and later urovisions. 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 f~cilits' shall be located on the south side of the. b~li ~ away from~he intt~. 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. Sta,~' 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. Staffs 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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 I0 and the Findings of Fact as listed in Exhibit C of this staff report. The Meridian Plannin~& Zoning Commission heard this item on August 7, and 14. 2008. At the public hearing on August 14..2008 they moved to recommend anuroval of the subiect CPA and RZ request. a Meridian City CoLnc 1 heard these itemR on September 2'1.2008. At the nabli hearin¢ the COLnLll approved the cLbieCt CPA and R7, rearrest. 11. E~~ITS 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 PLANNIlVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SBPTEMBER 23, 2008 A. Drawings 1. Vicinity Map Exhibit A- I -__I ~NrEQSlall e4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 2. Conceptual Site Plan ~~; 4eL LadAW Ir .Ol.vavY Yoln~aa{r dlSbal ,dA aural RbM1W-+ftaal.taAa~ tYtllmNf6q IpID V Tidf ~- wfmlupln.oee ' ^LOOflp,l iS61J Olaapal rAtlg3 Il~glY @Gt0 ~a.9aDia! rRbO ~f W'^f./ NO.1y ~pl~p 9/mpf (!~) gnpl'9 rfr9,j ~~ a~ompa rggpr•/.lip [teptgp ~.t ~ml OOlId O l1W M10an 1!~~IJ:A9YI110lrYn fad 4illb~ ~Marfl/ .- 41ND TO 9W.DR1Q AATl6 Ia101 -_ v~un_~ nw pmy: W tAa 16~~v.a.IdElnp 114 Oa116ii~AiO~/ 041$ I!n Onitl~l aaam gYa-r IfJ mi04oa alp pam) W 0pfppp avam llOm Ifq u~0v ivy nafm~ pq am octal 11 ~me~po: mtl~vo n~ ~Im mdaaro mew IkrmO fW `Ylaspr(44em HI b IW ~ rmyaa1.14. ~ wwo.~ m~e+: idIItl4dWLea'Iptl0.1 Wmr I~efan Pr9~ 1lfppMl•~m. ' ~_ -- -. _Qy~(,AN/J ROAD --- -yny - ~lu.etm PEiElO0M9att w.ua ~:'1 ~... a cn Q. Exhibit A- 2 . • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI>~ HEARIIdG DATE OF SEPTEMBER 23, 2008 3. Conceptual Building Elevations Exhibit A- 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 IIUILDING t!G 6t 7 :fnarxe anror c>FSlcn Ruttnfifn-in~r.¢fnf Reu'R e~a'co snwe t W Rr.R n~x•~.n!t fUfSeU nura. ~ulLnnvc ~g ~ .s<~R, ~.~af:o.~~e Runyinit efA rnaut. RR1t'C Lt11f,Y.•U %INai'AP61.' SIR IAllll•/.lADn1R0 i'UR1AW RAID BIJILUING JIlO r s~foar u~tnut. Ruaflcvc Ud1V718Ff7r 0/ PIPU(7t.\ 4C71DMR NATEALLL fln11Y 9Tit'CO 1i111I.nMG !01 I t stover uire •R Rf:n.ntno ¢fw.ntRnem'rrneA~ RRR.Ii DTIICCU stMStRet!n e4STA1.Llf CIAtlUfnv nRTAI RtfO/ e ~~ r~ ~I ^~, A' Exhibit A- 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HEARING DATE OF SEPTEMBER 23, 2008 4. Legal Description 8i Exhibit Map for Property proposed to be Rezoned C-G TOOT18SIdAN•OSTON ENGIIY~IG C0110'ANY aa~aa~ mo>~s, sunvtoross Iwo t+ura~s 4777 C#UNQFN BOULEVVARD Bt7i9E, IUA61r~a37147tiG8 2D8.323 7288 ~ t~ 288323,7389 Project No: 07041 Dabs: Jtcrs:ll. 2008 Page: 1 of 1 F.71~IT "A" Land Description - Far Re Zoning Purposes of P[opo~d Kecmedy Commerdal Cetmar Subdivision A parct:] of Iaad located in the SE 1/4 of the SN 1/4 of Secttoa 23, Township 3 Nartb, Range 1 Nest, >lOise Maidiaa. Ada Courtly, idaha, more particularly describal s9 fellows: COMIViENCI1ITG at a fond 5/8" caber marking the South 1 /4 cornet of said Section 13, from which a found 1 PL" cebsr marking the comer cammnn to Sections 13, 14, 23 end 2~ bears N.89°0772"W., 2635.62 feet; thence, along the soudterly line of said Section 13 (oentedine of N. Overland Road). A.) N.89°07'22"W., 577.77 feet to the PO]NI' OF HEGIIVIVIYG; thence. ootttint>ipg 1) N:89°07°22"N., 750.07 that Uo the southwest tamer of the SB 1/4 ofthe SW U4 of said Section 13; thence, along the westerly line of said SE I/4 of the SW !/., 2) N.00°31'S0"B.. 1123.83 feet to a foursd 5/8" rebmr on the southerly right~f--way line of Interstate Higtcway I-84; thence, along said sl:udeerlyright-of-way lies; 3) 5.84°34'29"8.,1327.37 feet to a found S/8° caber on the easterly line of said SB U4 of the SN U4; them, along said easterly lies, 4) 5.00°3079"R+., 585.98 feat to a fonnd 518° caber, theatoe, S) N.89°40'S7"W., 378.53 fi0et to a found S/8° caber-, tbeace„ 6) 3.00°25'32"W., S4Z.6B feet to the POINT OF BEG)dVNING. CONTAIIITII~IG: 27.17 acres, more or less. BUHJECI' TO: All Covenants, Rights, Rights-of-Nay, Basemoam of Raord and any Encumhcancxs. ~ . ~~p .pvAt. BY JUN t~ ZODB ~~a~t H:tflYBOflNRYit~UAVB11EgiA-l~jiiCS aetmedys 1tOI9E • COIaIR d'ALENlr ~ Q/1i.DWEtd. Exhibit A- 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 P1i0P0~D Y COPAL CENTER 9t1HD1V~I0N R~-ZONIlrtG 9I~°rCB ~ PARCLt. OF LAND IrOCATED Il~ TUB sit/~ oF' THE sWi/~ o~ s~CTroN is. ~'OWN~ 3 NORTH. RANGE i WEHT. HOISE ~RID1AN. CPIgT OF ~RIDIAN. ADA COUNTY. IDAHO 20Q8 rN7'ER9TATE I-84 (e00' PUHLZC R/~ BRYEVI APAi~VAL 127.17 ACA 0 150 3DD ~ BOO 900 ~~m - SFCAON LINE BOUNDARY L!I{~ (aE zoN~ ® s/a^ aroN ptN • ~tatuva 7/8' dP'ON Div o L'JILCLL47FD PO,INf UNPLATIED g°~ m POIIVT OF HEOIIQNIIAG~ 3~9+RL _ ... ~~n~ 13 Nes'o7~22'tie ze5s.e2~ 91/4 ~ as ~ 1PEST OVERLAND ROAD A A O VJ TOOT~AN-ORTON ENGIIVEERIIdG W. HetGINEE118 SURIlEYOAB PIANNER9 8777 GBN084 601LtV11RD • 6015E 01AM0 67714-~QOB PHONE: 208-32J-?Z88 FAX; 208-323-2398 (-106k~9m~~1611-etvmma60CB/17/+m .ffiOTpll Exhibit A- 6 ics .c4 9TSC. CORIJRR. • CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 5. Comprehensive Plan Future Land Use Map Exhibit A- 7 a. Future Land Use Map Depicting Current Designation of Industrial • • CITY OF MERIDIAN PLANNII~iG DEPARTMENT STAFF REPORT FOR THB HEARWG DATE OF SEPTEbIDER 23, 2008 b. Future Land Use Map Depicting Proposed Change to Commercial (recommended by Staf}~ 1' ~ C-C _ Merridl8n City 1- R'#' ~~ i ~ ~'' N-R - 1 _ Q ~ i F- ~.. _ ;... . ~ `!, ~- z ~ t•- . -+^ ~; . i ~,. ~~ W L r'l N ~5 R WALTMAN CN ~ ~, ~ , .~ RU7' R-1~: ~u R I ..`~ , ~. .~..- .. Site .-- . 3~,. G SAi.MON ~.' ,. c - -~ 1~ a 1%1 City of RAeridlan makes r-o representation or warrantles, expressed or implied auto the axuracy, completeness, timeUness or rights to use this iMormetlon. City of Mertdian shall not be fable for inaccuracies or misuse. This map is made from data copyrtghted by Ada Caurty. Ada County shall not be llableiorinaccurades ar misuse of this map. Aflaps bearing this disclalmermay be photocopied ti~eely. However, use in any digital town requires the wrttten perrnlssion aPAda County. R-8 I. C-G C-G ~-8 N 0 470 940 1.880 2;870 3,7F8~ 1 Inch equals 1,178.315478 feet Date: Exhibit A- 8 • CITY OF MERIDIAN PLANNDVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 ownerts) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one yeaz 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 %" outlet face the main street or pazking 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 %" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or e~sting hydrants for all new construction or additions to e~sdng 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 tum azound. Phasing of the project may require a temporary approved turn azound on streets greater than 150' in length with no outlet. 2.4 All entrance and internal roads and alleys shall have a fuming radius of 28' inside and 48' outside radius. 2.5 All common driveways shall be straight or have a fuming 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 S00'-750' in length. The roadways shall be built'to Ada County Highway Standards cross section requirements and shall have a cleaz 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 pazking only on one side. Exhibit B- I • . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 23, 2008 These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC 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 aze required before combustible construction is brought on site. 2.9 Commercial and office occupancies will require afire-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 hydtant.within 100' of all fire department connections. 2.12 Buildings over 30' in height aze required to have access roads in accordance with The International Fire Code Appendix D Section D105. 2.13 CO1VIl1~RCl[AL 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 azea to be served, measured in a straight line. 3. SANITARY SERVICE COMPANY 3.1 Prior to issuance of a certificate of caning compliance, that applicant shall submit an approved site plan from SSC. 4. ADA COUNTY HIGHWAY DISTRICT On May 2, 2001, the Ada County Highway Distrid Commis~onets acted on MCUP01-009 for Treasure Valley Technical Center. On July 31, 21307, the Ada County Highway District ailed on MPP-07-013 for Kennedy Commercial Center Subdivision. The oondMions and requirements for the two applit~tions paled above.also apply to MCPA-08-005. There are no additional requirements at this time due to the fact that all street improvements exist. MCU~1-008 references the twro e~asting access points on Overland Road for the Wesbem Electronics Building. Other than the existing driveway, Tech Lane, end the approved driveway in Kennedy Commercal Center no additiorrel a will be allow to Overland Road. Attached for reference is the recent staff report for Kennedy Commerda! Center Subdivision. • Prior to final approval you will nem! to submit construction plans to fhe ACRD Development Review Department to insure compltanee with the conditions Identifted above or for traffic Impact fee assessment This ~ a aeparabe review process that requires direct plans submittal bq the Development Review staA at the Highway District • A traffic Impact tls® wql be assessed by ACHD and will be dua prior to tlt® tssuanere of a building permit Contact ACHD Planning S Developmarlt Serotc~ at 387-6170 for inbnnatlon regarding itntrect fees. Exhibit B- 2 U CITY OF MERIDIAN PLANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE 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 fall 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 aad Policies of the Comprehensive Plan and the Comprehensive Plan Land Uae 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 PI'oP~Y• e. The amendment will be compatible with eadsting 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. f. The proposed amendment will not burden e~sting 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 ases 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, banl~ 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 DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF SEPTEMBER 23, 2U08 b. 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 fords 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, bnt 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 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. 5-~ REQUEST Water Main Easment Agreement for Foundations Academy by Foundations Academy 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 c ~roole, Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER d. NAVARRO AMOUNT .OD E BOISE IDA11012104/DS 10:10 DEPUTY Vlcld Allen ~~~ ~~~~~~~~~~~~~~~~~~~~~I~~~~~~~ ~~ ~~~ RECORDED-REQUEST OF 1O$12'~b~$ Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of QGT, 20p~between f t~(O4i4.~~ th of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee: WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described: and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others: and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee: NOW. THEREFORE, inconsideration of the benefits to be received by the Grantors,.and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction. operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easemenYhereby granted is for the purpose of construction and operation ofa waterline and their allied facilities, together with their maintenance, additional connection thereto, repair and rephrcement at the convenience of the Grantee, with the free right ofaccess to such facilities at any and all times. TO HAV E AND TO HOLD, the said easement and right-of--way unto the said Grantee, iYs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance ormakingsubsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsble for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby rnvenant and agree that they will not place or allow to be placed any permanent structures, trees, brush. or perennial shrubs or flowers within the area described far this easement which would interfere with the use of said easement. for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement easmt wtr main.doc u THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. fN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President Secretary STATE OF IDAHO ) ss County of Ada ) On this ~_ day of 5~~-+~W g, before e, unders~ned,~a Notary Public in and for said State, personally appeared i~t~,l~ 1 ~ ~'~{'~Ol ~ 1 /'l and -'-t~,_, known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. M WITNESS WHEREOF, i have hereunto set my hand and affixed my official sealthe day and year fist above written. ~,,,o~rnnn.,,~~° o'o ,~ arvUFA°°''° (SEAL) . • Q ; :J: :~~ eQe ~oTARY • e sea . • G . o Z me P UB 1.1 ' g O so ~,!.s o.°~ ee° °°O•.°,TE oOF~~9~,0°. Water Main Easement NOTARY PUBLIC O IDAHO Residing at Commission Expires: easmt wtr main.doc ~- • • GRANTEE: CITY OF MERIDIAN ~r~~~ , ~ Tammy de Weerd, Ma r Attest by Jayd~ Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) ~,~ ~ ~/fir '~' •!~ '~' ///i t ~~' ~~ ~~i~~. ~ ~O`ti 9v~~;~: ss. County of Ada ) On this day of ~ , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE. HOLMAN, known to me to be the Mayor and City Clerk, respectively, ofthe 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. ~~~~oao~~~• ~~ ~ Q ~ ~ a . ~ ' •• •• /~ (SEAL) ; ~~~ •°" ~~ ~ ~~'~ ~ ~ ~ NOTARY PU IC FO IDA O Residing at: ~ ~ ~~ ~ i e ~ • Commission Expires: ~~` ~ ~ ~ ~ • ~ a ~ ~ o ,~ ~' i • ~. • •~ O~~e. • Water Main Easement easmt wtr main.doc • ~'®X L.~nal S~rve,,r~, ®n~~ 1515 South Shoshone St. a Botse~ Idaho 0 83705 0 208.342-7957 O 208-342.7437 FAX EXHIBIT "A" AN EASEMENT LYING IN A TRACT OF LAWD BEING PART OF THE NORTHWEST'/a OF THE NORTHWEST'/s OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO An Easement lying in a Tract of Land being Part of the Northwest'/< of the Northwest'/< of section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho. being more particularly described as follows: COMMENCING at a found Brass Cap Monument marking the northwest comer of Section 29, from which a found 5/8 inch rebar with pplastic cap stamped "DL 11575" marking the North 1/16 comer common to Sections 29 and 30 bears South 00°37'24" West, a distance of 1328.30 feet; A. thence along the common boundary of Sections 29 and 30, South 00°37'24" West, a distance of 588.22 feet to its intersection with the westerly projection of the common boundary of properties now or formerly owned by Foundations Academy, Inc. and David and Luane Dean; B. thence along said prolongation and boundary North 89°59'56" East, a distance of 262.29 feet to the TRUE POINT OF BEGINNING; 1. thence continuing along the common boundary of properties now or formerly owned bar Foundations Academy, Inc. and David and Luane Dean, North 89°59'58 East, a distance of 21.55 feet; 2. thence South 21°52'36" East, a distance of 66.84 feet to an angle point; 3. thence South 00°37'24° West, a distance of 159.27 feet to an angle point; 4. thence South 89°22'36" East, a distance of 22.40 feet to an angle point; 5. thence South 00°37'24" West, a distance of 20.00 feet to an angle point; B. thence North 89°22'36° West, a distance of 58.13 feet to an angle point; 7. thence North 00°37'24" East, a distance of 20.00 feet to an angle point; 8. thence South 89°22'36" East, a distance of 15.73 feet to an angle point; 9. thence North 00°37'24" East, a distance of 155.29 feet to an angle point; 1 O. thence North 21°52'36" West, a distance of 70.89 feet to the TRUE POINT OF BEGINNING. P ~• • Containing 5,685 square feet (0.130 acres) more or less. Subject to easements and rights-of--way of record or not of record. Fox Land Surveys, Inc. Kerry R. Albright, PLS EMD OF DESCRIPTION KRA:taj W:IPROJECTS120081p8-0A6. PRI W ROJEC7IDESCR IPTIONS~H46H2OESMT.DOCX 19 20 30 Z8 CHINDEN BOULEVARD 3~ ~ 6 I PROP. NOW OR FORMERLY DAVID 8 LUANE DEAN _ N69° 59' S8"E 28229' PROP. NOW OR FORMERLY I FOUNDATIONS ACADEMY, INC. ~~~'o` ~~~~ y ~I O I J 2 I I S89° 2 NORTH t/tBTH COR NO° 3T 2e °DL11575' 20. EXHIBIT "B" N89° 59' S8"E ~~ EASEMENT AREA 1V SCALD E I "= 50' l lqy~ YS7E G 20 p 18"E .~p•q•cep~ ti Fqq F o r ~° `vim r R a~eP 7' 24"W FOX LAND SURVEYS 11VC. (208) 342-7957 Memo To: Mayor De Weerd & City Council From: I<arie Glenn CC: File City of Meridian Public Works Dept. ~:. ~,~~~~~ OCT 1 2 20U8 City Of 1Vleridias~ City C~exk ~ffzce Date: 10/22/2008 Re: Proposed Agenda Items for 10/28/08 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/28/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Foundations Academy. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Foundations Academy and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • • Page 1 I J Ilti I\1)f:\ 11'KI.. ntadr dti, ,/~ dad t+f~QGT , :ilQshrt\tcin :~pJN~(Or{g,. th•., t+f Ihi tint p;trt, antl hi rrinal'tcr iallyd Utr Cirand,n. ;uul Ihi ('ih' of 1leridian.:'1da f'uunh. IJah++. Chi pam .,j Chi ~ v:und pan.:md hi rrin;dtir ctlled the C;rtntci: 111 I'\I'titil I I t: 11'1'11 HliAt. Chi C;r:u»or, di,irc to pn+tiJi a \+atir main ri~,ht-r+l=\\a+ :um>a (Itr prrnti,.•, .rnJ propem hircina!'tcr paniiularh h,nutdrd and di;erihcd: and N 611:1(P.,1S. the \\:pir main i, It+hr print idrd I:,r Ihrou_h :ut undir ~nnuxl pipilini tt~ hr innaruclyd ht uthir;: and 11 I II .kl :\ti. it \+ill he nrii.,an k+m:tintain, sin iir and ;uh,iyuintJt ionura bt,aiil I?iprlinc IPtau (irate tr tinti b+ Chi (irtnlir: \(111 , fl I1 KI I t)F(1'., in cun,idiratiun in the t+initil, t\? h+: reiii\ iJ M Chi (;ruunr,. and :+1hrr _nud and \ aluahh: a+n.idera(iun, lhi t.ir;uutrn du hiribv gitc. ,'rant and irot\ it wuo the (iranlrr Chi r 'ho- ++1'-\+:p tar au r:t;itnent tin'the a,n,trnilion, opir:u ion, maintinanii, repair. riplacintim t+1 ;t \t:uer main t,tir;uul giro„ the ti,llotting de;crihiil proprrl~: I~h.l: ~11 1:11'{11.1) I.Xlllltl'1 -\ and lil I he easigtrnt beech} ~ranlid is lira' lbc pur~x+;c ofion;truition and upiruinn t+fa t+;ner linr:uid their allied laiilitii;, tttgcthir \t ith thiit i»ainlinanii. additional iunnctiliun lherih,. rrpairand rcpln+intint at ihi iominiinir of Ihi (ir:tntii•. \+iUt Chi liri right \\f:rcii„ tt\,nih faiilitii;;u am :uxl all linri,. 1 f.I f lA V I :1\ I)'I O 11(11 17. Ihi said ia;Cl»i»I anJ ri;±ht•++I-+\:r) unh, Ihr ,aid (irantii. it', >ucci;,or; and aliens G+ritir. I1 Iti VXPKIa~I Y l'\I)I:Rti IUOU :1\l7 ~\(iRltl':IJ. h~ and I,ittteen Chi panic; hrrcdt. that alirr conaruition. makin,+ repair;. Ixrli+rmine olhir mainlinanci++r maAine ,uh;iyucnl anutxti+m in the \+alt:r Intr. Urantii ,ha{I ristnrc. tlii area \+tlhi casrmem and adjaiiut prupirq ar that rcistim prior Io undcnal+in_ ,uih aut,. tntclinn, rcpaii•, and maintcnanic. tJ+rt\C+rr. (rr:u»a• ,hall na! Mc ri,pomihli ti+r ripairin_. replacing++r ri,l++rin_:ut~thing placid ai(hin thc:via drsirihid in Ihi; iascntt•nt Ih:a t\a, placid there in \ inlalit+tt of Ihi, ra,intrnt i Ii F: (iR:1\ Il)Rti birch) iut:iraw and aLt.c that Chet \+iil not place or all+~\+ Ir. he plaeeJ an\ perm:ntat! xIt•u:hn'r,. It'ii,. hru;h. ar pircnnial ,Ivuhc.+r flo\+ir:, ttilhiu Ihi area di;aih:•d G+r the, iaxntinl. \\hiih ttould iukrlcrr \+ilh Ihr use ol~;aid ra,ii»enl. I:+t the purpozi.,tatrd Itrrt•in `11.11 (iK:1\ Ff )k~ hirrh~ a+tin:utl :utd ar!ree t+ith the Grantii th.u ,houltl am pan ot'lhr ciltln-o1- \ta~ and ~a;entim hireM rantiJ .hall hraonx• earl ot'. or tii t+ithirt the haundaric< u1 am puhlii ;trcet, thin. h, .uih e~trnt. ,uih ripM-.,I=tta~ anJ rax•ntcnl hircM erantid t+hiih lie, tti)Itin web hrnrndan lhcret+l ur t\hich i, a part thereat. ;hall irase and hiiume nut! and tuid :utd of nu turthir il'Iritand;hall lk complolil\ rrlinyui;hid. • 11 arrr Clain I .a,entcnt r;t,nu +ttr malt ~,dor • THE GRAN7UR5 do beech. cotirttanl with the(irtnt~ti -hsrthe) arc la~~futh SciicYl and pnssi~sxd of the afixrmrntinncd and descritxd tr.+ct of land.:md that they have a gcxx} and la.. fill right at a,nvr~ said casement, and that thc~ will warrant and fore~~rr defend the title and quiet Ixsession Iherrnl' against the lawful claims of all perinns whumsor,er. Iti 1ti'i'I'!~ t•:SS W}IIiRISUF. the said parties ufthc first pan hate hrrrunm suMcrihcdlhcir signautm the day and year firm herein ahrnc wrinen. Preiidatt - _~- _ - ti~Y rrtan' 1 +~ ('Dunn- of Ada ) (ht this _. l~,Q,,, da) of~~'~~r ~OG~. More m. tl undcn nrd, a Votan Puhtic in and fix said titatr. personally appeared .._.}f~.1.C~~'~.:L_,U_[. n. _____ anJ ,,~~ .known nr identified ro me to he the President ane} ticcrctan. rc+pccticel~. ol'Ihc axpuratui,'1'that r~ecuted the ssithiu instrument, and acknowledged to me that such curlxtrttion et:ecutcd the same. IN N'll'NI':5S ~1'MERkOF. I have hereunu> w;t tt» hmtid and aflixed nth official sutl the da} and.tar fi,t above wrinen. ,,••~..nna~•~, ~~~~ `t 1~ ~+U~ ~~vi ~.~ ~~ ,•.....• Rj, -. " S at)'[. A k Y ~ L. • !•~ u • e s ~l~ i • O r, ~ ••....• P ~~. 'V(PfARY--P~I~B~I.IC -O It AllO Residing at ~11 / ,. _ Commission F~pires: ~~[. j/~/ ..... . 11'ater Main Laxrmrnt rasmt u~tr main.Juc • GRAti I IsL: Cll l' C)P MF.RII)IA1v 1'anum de W'eerd. A1a~•nr . -- -- _ Attest h) Jaycee I lolmmr. C it. Clerk Appnrved l3s ('il) Council (Ar _. Sl'A1'Ii OP II)AHCI, ) u. Couuh of Ada s On this _ dad uC_ _ . _'(1 _. hefi~re n+r. Ihr undersiEncd. a Notan Puhtic in and fur said ti[atr. prrsnnalh appeared'}'AMMY DE=. W'h.ERU and JA1'CL1. }iU1,A•1:1!sl. kno~~n to me u+ he the Mayor and Cite Clerk. respectively, al'the C'in oC Meridian. Idahu, and a ho executed tl+e ~rithin instrument. and acknu~~ lodged to me that the City of [vSeridian rnea+lcYl the .ame. IN W'll?vF.:Sti 1l-HGRF.(1F, I havr hereunto set my hand and al7ixed n+y otlicial coal the day ;uui cear first aho~'e ~~rincn: {SI.r1l,1 tit.)IARY' NL;BI,IC FUR IU,411(l Residing at: _ Commission lixpires:_~_.. _. ... _. 11'atrr ~1ain k"asement casnri ~~+r muin.Jiw • FAX Land Surveys, /nc. 1515 South Shoshone St. t Boise, Idaho ~ 83705 .~ 208-342-7957 ~ 208-342-7437 FAX ExHle1T "A" AN EASEMENT LYING IN A TRACT OF LAND BEING PART OF THE NORTHWEST'/~ OF THE NORTHWEST'/~ OF SECTION T9, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIpIAN, ADA COUNTY, IDAHO An Easement lying in a Tract of Land being Part of the Northwest'/, of the Northwest Y. of section 29, Township 4 North. Range 1 East, 9oise Meridian. Ada County, Idaho. being more particularly described as follows: COMMENCING at a found Brass Cap Monument marking the northwest corner of Section 29. from which a found 5l8 inch rebar with plastic cap stamped "DL 11.575" marking the North 1116`" corner common to Sections 29 and 30 bears South 00°37'24" West, a distance of 1.328.30 feet; A. thence along the common boundary of Sections 29 and 30, South 00°37'24' West. a distance of 588.22 feet to its intersection with the westerly projection of the common boundary of properties now or formerly owned by Foundations Academy. Inc. and David and Luane Dean: B. thence along said prolongation and boundary. North 89"59'56" East, a distance of 262.29 feet to the TRUE POINT OF BEGINNING; 1. thence continuing along the common boundary of properties now or formerly owned by Foundations P~cademy. Inc. and David and Luane Dean. North 89'59'56" East, a distance of 21.55 feet: 2. thence South 21`52'36" East, a distance of 66.84 feet to an angle point; 3 thence South 00`37'24" West. a distance of 159.27 feet to an angle point; 4. thence South 89`22'36" East. a distance of 22.40 feet to an angle pornt. 5. thence South 00`37'24" West. a distance of 20.00 feet to an angle point: 6. thence North 89°22'36" West, a distance of 58.13 feet to an angle point; 7. thence North 00'37'24" East, a distance of 20.00 feet to an angle point: 8. thence South 89`22'36" East, a distahce of 15.73 feet to an angle point. u 9. thence North 00°37'24" East, a distance of 155.29 feet to an angle point: 10.thehce North 21°52'36" West, a distance of 70.89 feet to the TRUE POINT OF BEGINNING. u Containing 5,685 square feet. (0.130 acres) more or less. Subject to easements and rights-of-way of record or not of record. Fox Land Surveys, Inc. Kerry R. Albright, RLS ENl) OF DESCRIPTION • xRn.~ei U PKI UI t'JS ?!ul%'~q%Jlan 192ItPKC7.II ! I' 1.71 1CRI1' I N+~~ %JM C(N \AI I I N N'\ • • EXN'IBIT "B" 1s 20 30 2g CHINDEN BOULEVARD N ~ PROP. NOW OR FORMERLY F . DAVID & Ll1ANE DEAN N89" 59' S6'E r L~~~ i 2'1.55 C N84 59' Ss'e EASEMENT _ 262.2x' ~~~ - - _ N AREA I 2 a o I! PROP. NOW OR FORMERLY f~ ma' `''• `L FOUNDATIONS ACADEMY. INC ~. ~ ~ a: O M~~ ~ ~ ~ m , ,~r`'`~1' ry O~ ~ A~ ~ } N ~ C) -~ til. Al I I ~U' ~ z N I W ~ + N ~~ N N,N I 1"Qj O~, 1~ f7 ~ u] M Z fn / yp ~5~[ ~L `~0 A f I a T20 S89' 22' 36"E S89' 22' 36"E Rio-Q•~r 15.73 22.40 ~ ay lF OF `~ V't' R~ R 0.lBP\ NO'' 37' 24"E SO` 37 ' 24"W NORTH ~/76THCOR 2000 "DU-1575' 58.13 20.00 N89° 22' 36"W ht)X LAND SI'RCrla'ti IN('. i208i342-7957 BafiSKETGH.UWC -' October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. 5°K REQUEST Cooperative Agreement with ACRD for the Split Corridor Phase 1 AGENCY COMMENTS CITY CLERK: CITY .ENGINEER: See atfached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: if~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. ~ cc ao-2g-o8 ~ s ~ ~ ~ AGREEMENTFOR: ROADWAY CONSTRUCTLON /SEWER & WATER LINE IMPROVEMENTS MERIDIAN ROAD AND MAIN STREET (PHASE 1 OF SPLIT CORRIDOR) I-84 TO FRANKLIN ACRD PROJECT N0.506040 TH1S AGREEMENT made and entered into this 5' -day of ~-, 2008, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation., by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho.. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of constructing the portion of the Split Corridor roadway project south of Franklin Road, including water and sanitary sewer installations, adjustments, relocations, and abandonments as detailed in Project Number 506040, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the water and the sanitary sewer facilities within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities referenced herein; Page 1 of 5 • • c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and. the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1-foot above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five .hundred (500) lineal feet per foot of trench depth; provide all re-testing .required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the latest Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 • d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project ~to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the installations, adjustments, relocations, and abandonments of the water and sanitary sewer facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; Page 3 of 5 • e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT Susan Slaughter William J. weitzer Executive Assistant ~~~~+rrrrrr~rrr,,,,, Director ,~ ATTEST: `,~`~~~'~y ~~'9,~,'~,, I~". _ . rh CITY OF ,~! o $EAL _ y By: Jay a Holmari~, 9~ r ss~ • ~. ,~ ~ Tammy de eerd Ciry Clerk ~~'%,~Cp '~~,.~`~~\ Mayor '~rffrri~ rtN~N. Page 4 of 5 • STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 15~" day of ~ ~+-~ ~-~- , 2008, before me, a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. I'N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~.••' gLA UC '•. ~. c~ Jet ~pT AR p ;~~ • • y; ~.~ ;~ • ~c Z., P U B L~ ,: O '•• ~T''••....••''~~~.•: •••••: ~ TE OF 1~..•. STATE OF IDAHO ) ss. COUNTY OF ADA ) C~b Notary Public for Idaho Residing at ~,-~..~- ,Idaho My commission expires: ~-~-Z~°i On this ;1~' day of ~~l~lb~.•~ 2008, before me, the undersigned, personally appeared TAMMY DEWEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ..~~, T ..,~~ .~ " A,R,4 ~' .• ?- . G~ • ~~'s~: ,~. ;9 ~ "C ~ • Z'• .'~~., Notary Publi for Idaho Residing at ,Idaho My commission expires: lpj ~~ ~ Page 5 of 5 i Memo To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen CC: Clint Dolsby; P.E., Acting City Engineer n ~~ ~ OCT ? 3 2008 City ®~r~e>~~ia~. City Clerk ~~ac~ Date: 10/23/2008 Re: Proposed Agenda Item for October 28, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 28, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Split Corridor Phase 1 -Cooperative Agreement with ACRD ACHD and the City of Meridian desire to undertake a joint effort to share the tasks and costs of constructing the portion of the Split Corridor roadway project south of Franklin Road, including water and sanitary sewer installations, adjustments, relocations, and abandonments. This agreement allows the City of Meridian to incorporate our improvements within the ACRD roadway improvement plans and bid as one complete project. This joint approach to conduct both entities upgrades concurrently lessens the burden to the traveling public and promotes an improved bid value. ' Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Cooperative Agreement with ACHD . Thank you for your consideration. Please contact me if you have any questions. • Page 1 • October 24, 2008 ~~ MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. J~' ~ REQUEST Resolution -- City Hall Parking Permits Policy 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: COMMENTS See attached ~ra,~~ d~ ~o~~ Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. 08- ~ 0'1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING POLICY 6.15, CITY HALL PARKING PERMITS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended for policy 6.15, City Hall Parking Permits; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect on the 2~~ day of -~Q~,~ , 2008. 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 day of ~' , 2008. ATTEST: By: Jaycee .Holman, City Clerk APPROVED: ~~~ Mayor Ta /q,, c,°f`pOR'4 rFO ~ ~ ~~ .; CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL'~~C+~1~~~'~TY HALL PARKING PERMITS POLICY - 2008 ~~'%~,~~~UNT~ 1;`\ ~~~~~~\ • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.15 SUBJECT: CITY HALL PARKING PERMITS PURPOSE: To outline the City's policy regarding issuance and use of City parking permits. POLICY: The City shall provide each regular full- and part-time employee whose primary work location is City Hall with one permit to park in either City parking lots at 33 E. Idaho Street or at 33 E. Broadway Street. Such permit provides the employee the opportunity to park in either parking lot only if a parking space is available; the permit does not guarantee any employee a parking space. City Hall employees may need to find parking offste if either parking lot is full. AUTHORITY & RESPONSIBILITY: 1) The Human Resources Department shall issue to each employee whose primary work location is City Hall one (1) City Parking Permit. 2) Parking in the City parking lot at 33 E. Idaho Street or 33 E. Broadway Street shall require a City Parking Permit between 8:00 a.rn. and 5:00 p.m. Monday through Friday, excluding City holidays. 3) Permits must be visibly displayed on the windshield side of the vehicle's rearview mirror. 4) Trailers, motor homes, recreational vehicles; or vehicles with a GVWR greater than twelve thousand (12,000) pounds are prohibited in the City parking lot at 33 E. Idaho Street at all times. 5) Any sale, barter, alteration, or duplication of a City Parking Permit is prohibited. 6) No contract or seasonal employee will receive a City Parking Permit. Department Directors may request a permit for such employee if it is necessary for the performance of such employee's job. 7) All City vehicles should be parked in their assigned spaces or in the designated location for fleet parking. Where no assigned space or fleet parking is available, City vehicles may be parked in either City parking lot at 33 E. Idaho Street or 33 E. Broadway Street without a City Parking Permit. 8) Marked Emergency Vehicles for Police and Fire may park in the City Parking Iot at 33 E. Idaho Street or 33 E. Broadway Street without a City Parking Permit. • 9) If an employee forgets his or her City Parking Permit, he or she may request from Human Resources a temporary permit for the day. 10) If a City Parking Permit is lost or missing, the employee must report such loss to Human Resources and will be issued a new permit after paying the appropriate charge. Damaged or worn out permits may be replaced for no charge. 11) Failure to display a City Parking Permit may cause the vehicle to be ticketed. The employee shall be solely responsible for any costs associated with such ticket. 12) LTriless otherwise designated, an employee to whom a City Parking Permit is issued may not park his or her vehicle in the parking lot that is for the general public. 13) Abuse or repeated violations of this policy maybe grounds to rescind the employee's City Parking Permit. • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. S°M REQUEST Resolution -- Employee Identification and ID / Prox Cards Policy 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 ~Pprd/~ Dg. ~a-~ CITY OF MERIDIAN RESOLUTION NO. 08- ~aCI BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREIVIBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF , MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING POLICY 6.16, EMPLOYEE IDENTIFICATION AND ID/PROX CARDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS.: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended for policy 6.16, Employee Identification and ID/Prox Cards; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect on the 2~ day of ~~ ~ , 2008. ADOPTED by the City Council of the City of Meridian, Idaho, this Z~day of ~0~~ , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this 2~day of ~C-1-~~e-r , 2008. APPROVED: Mayor ATTEST: By~ Jaycee .Holman, City Clerk CITY OF MERIDIAN POLICY AND PROCEDURES MANi~ IDENTIFICATION AND ID/PROX CARDS POLICY - 2008 ,~ oaf r /9ti ~~'; ``~(SEA~~) ' ~~~~, ~ ^~ MEN (~ ~IPLOYEE - T 1 S~ • ~` ~~, COUPJTY ~ ,,~~` • CITY OF' MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.16 SUBJECT: EMPLOYEE IDENTIFICATION/ PROX CARDS PURPOSE: The City provides employee identification/prox card that must be worn and visible at all times while working. The cards are the property of the City of Meridian and must be returned upon separation of employment. POLICY: Every employee of the City shall be issued an identification card (ID). All regular full and part time employees shall receive an ID card that is also a prox card (ID/Prox card) for access to City Hall for certain times of the day and locations within the building. AUTHORITY & RESPONSIBILITY: 1) Employees shall visibly display their ID or ID/prox Card at all times and when the employee is on duty and if requested by a member of the public to see the card shall show it to them. 2) Exemptions from wearing the ID or ID/Prox card may be approved by the Department Director for safety purposes, such as undercover police officers, firefighters in turn-outs, maintenance personnel, etc. . 3) Employees must wear their ID or ID/Prox card in City Hall at all times, unless exempted. 4) Employees may not put pins in or poke holes into the cards. 5) Human Resources shall issue the ID and ID/Prox cards to employees. 6) If an employee forgets their ID/Prox card they may request a temporary for the day. A continuing need for a temporary may be referred to the employee's supervisor. 7) Employees may get a replacement for a lost ID card or ID/prox card and pay the appropriate charge. 8) Damaged, stolen, worn out cards maybe replaced for no charge. 9) The City may at its discretion require the employee to acquire a new card due to changes in the employee's appearance. 10) The employee's supervisor, Department Director, Human Resources, or the Mayor may demand the surrender of an ,ID or ID/Prox card. • • 11) If an ID or ID/Prox card is lost or surrendered for any purpose as described in this policy, Hurnan Resources must be notified immediately. • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. 5°N REQUEST Change Order No. 1 for Pressure Zone 1 with DC Engineering for $2,899.43 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 Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 2 Project Number: 0659 Date: 10/17/2008 Effective Date: CONTRACTOR: DC Engineering PROJECT: Pressure Zone 1 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Purchase of test radio for radio study 2) Additional design items related to changes in locations 8 types of prv's Reason for Change Order: Additional services Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $8,340.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No: 1 to 1 No. 0 to 0 $4,500.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $12, 840.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $2,899.43 Contrail Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: E7.5,739.43 RECOMMENDED: (CONSTRU C TION MANAGER) ACCEPTED (CONTRACTOR) // ~~ (~ 4 J 1 A By~ : ~ane B ~~ ~v1 Date: (U~ ~-~ b4 . y Date: ~~ /Z~ c APPROVED: (CITY auRCH IN G n COUNCIL APPROVAL / B : / G~~ K ith W tt ```~`~~~~ittrnrr~rr~~~~ i '~~~ `~~ `~ ~ d y e a s ` i, ~ ,~ / qy ~~~ ~~ ~ Date: `t ~ --, Date: ' b~~2$ ~~~ T~. : APPROVED: (C ATTEST: _ ~$~AL By: Mayo ammy de W . (~ Date: L By: City Clerk, Jaycee Holman = 7 ~~ _ D t ~ ~ ~ f . ~ 0 `~ a '( e: ~~~ y ~~~ ~ 7 ~` • T 1S -~ Q~ r ! • . . - . ~E~~ en~o oCT ~~ zoos City ®~ meridian City Clerk efface To: Jaycee Holman; Tara Green From: Roxanne Holland, EiT, Staff Engineer hollandr@meridiancity.org Meridian Public Works Department 660 E. Watertower, Sine 200 Phone: 898-5500 Fax: 898-9551 CC: Kyle Radek, P.E., Assistant City Engineer Date; October 23, 2008 Re: Proposed Agenda Item for October 28, 2008 City Council Meeting The Public Wortcs Department respectfully requests the following item be placed on the September 23, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for Pressure Zone 1 lDesian) Additional work is required for the completion of the Pressure Zone 1 (Design) project. This change order consists of the following work: • Purchase of radio for the radio study. • Changes in locations and design for PRV's within Pressure Zone 1 Recommended Counci! Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Pressure Zone 1 (Design) project with DC Engineering for $2,859.43 and authorize the Mayor to sign it Thank you #or your consideration. Please contact me if you have any questions regarding this item. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 2 Project Number. 0659 Date: 1.011712008 Effective Date: CONTRACTOR: DC Engineering PROJECT: Pressure Zone 1 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Purchase of test radio for radio study 2) Additional design items related to changes in locations & types of prv's Reason for Change Order: Additional services Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contrail Price: $8,340.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 1 to 1 No. 0 to 0 $4,500.00 Contract Price Priorto this C.O.: Contract Completion Date before this C.O.: $12,840.00 Net Increase {decrease) of this C.O.:: Net Days Increase (decrease) of this C.O.: $2, 899.43 Contract Price with all Approved C.O.'s: Contract Completion Oate with all Approved C.O.'s: $15,739.43 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) 1J ~A ~ ~ . By: !~ j _ By: f~Gne ~ ~ Date: ~ U! ~'~ O~ . I~ Date: ~~ ~Z~ O APPROVED: {CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date; Date: APPROVED: {CITY) ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: • October 24, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Public Works Department. ITEM NO. 6°A-1 REQUEST Budget Amendment for Floodplain Development Studies for X42,000 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 ~~~~' Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~• D ~ ~ N ~ cp' _T ~' > > m ~ ~ ~ ? 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O ~ 1n m ^ N ~ d ~~ y e~ 4i 0 3 O 'O 'O d fQ y Q YQ d y A y • • October 24, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Public Works Department ITEM NO. 6-A°2 REQUEST Budget Amendment for Five Mile Creek Restoration Project for $3,200 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: LDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached IkPp r~'~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. T Y ~~ i? w ~~ U 'm N o ~ al y (0 t -~ 3 ~ N r ~ m V ~ ~ o ~ F- . 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O Q r J ~U G ~ ~ U c 0 t G U C U O O O~ O C U ~- a O U C ~1 2 n n !n ~ ~ _ (O f6 Y ~ O c o o U ~. .D - U ~ ~ ~ ~ c~ ~~ o ~~`` ii a~ ~ C - I o w o ~ 3 O O ~ Y c ~p d ~ 1 U ~~ c aci '~ U ` °~ ~ ~ w v v U ~ o Q ¢ ~ d -o c m ~ ~ y N ~ O - C O_ W c n'3 o n >J a~ ~ w m ~ ~ O 0 C ~ ~ f0 C c0 0 `n ~ °~ U O O E w 3 c ~ ~ C c ~ c~ rn C ~N E `-° a 3 'O Y c cn °-' U U Todd Lavoie • From: Reta Cunningham Sent: Wednesday, September 17, 2008 10:04 AM To: Todd Lavoie; Steve Siddoway Cc: Roxanne Holland Subject: FW: Fivemile Creek Attachments: FY2009 Five Mile ITD Budget amendment.xls Todd will add notes for FY2010 to increase ongoing cost of $3475 for contracted labor. As for when it will be done, you can contact Roxanne in PW. Page 1 of 3 As for the $5000 it will not be carried forward but we will increase your grounds maintenance budget for FY2009. You'll need to let Todd know how much if you want a split between accounts. From: Steve Siddoway Sent: Wednesday, September 17, 2008 9:14 AM To: Reta Cunningham Cc: Elroy Huff; Mike Barton; Rachel Myers Subject: FW: Fiverimile Creek I expect an ongoing annual cost of $3475. The $5,000 will be good for the first year of establishment, as it could require more attention/maintenance/weed control the first year. Have you heard when the project is planned to be constructed by PW? If it's not until next Spring and the $5,000 is not spent, do we lose it or can it be carried forward? The maintenance will most likely be contracted out with Senske, so I believe the funds should go into 55104-Contracted Labor, but we may want to split the amount between there and grounds maintenance. Give me a chance to check with Elroy and Mike and I'il get you know. Thanks, ~Pil~Pi ~r;~2vc~ Parks & Recreation Director 11 W. Bower St. Meridian, ID 83642 Ph: 888-3579 Cell: 440-5255 Parks & Recreation...The Benefits are Endless. From: Mike Barton Sent: Tuesday, June 17, 2008 7:10 AM To: Steve Siddoway Subject: RE: Fivemile Creek These numbers were not conservative to begin with, so we should be O.K. by the time it's ready to maintain. From: Steve Siddoway Sent: Monday, June 16, 2008 10:08 PM I'o: Mike Barton; Elroy Huff Subject: FW: Fivemile Creek Nell be taking the Fivemile Creek wetlands restoration project to Council next week. Please verify for me that the numbers x/17/2008 are still good. Thanks. i Steve The following is our anticipated maintenance costs for the aforementioned project. Labor - 1 hour per week @ $75.00 per hour x 35 weeks = $2625.00 This includes trash pick up, hand weeding, herbicide applications and weed eating. Material -Herbicides, disposal, equipment and fuel = $850.00 Total. yearly cost = $3475.00 Please let me know if there are any questions., Thanks, Mike ~PivP~ ~c•~-wa~, Parks & Recreation Director 11 W. Bower St. Meridian, ID 83642 Ph: 888-3579 Cell: 440-5255 Parks & Recreation...The Benefits are Endless. Page 2 of 3 From: Kyle Radek Sent: Monday, June 16, 2008 4:58 PM To: Kurt.Wald@CH2M.com; Skip.Vetten@id.usda.gov; Steve Siddoway Cc: skoberg@agri.idaho.gov; Greg.Baisch@CH2M.com Subject: RE: Fivermile Creek Who's going to wear the trout suit? Kyle Radek, P.E. Assistant City Engineer City of Meridian Public Works Department ph 208-898-5500 ext 213 From: Kurt.Wald@CH2M.com [mailto:Kurt.Wald@CH2M.com] Sent: Friday, June 13, 2008 2:36 PM To: Skip.Vetten@id.usda.gov; Kyle Radek; Steve Siddoway Cc: skoberg@agri.idaho.gov; Greg.Baisch@CH2M.com Subject: RE,: Fivermile Creek This also works for me. From: Vetten, Skip -Meridian, ID [mailto:Skip.Vetten@id:usda.gov} Sent: Friday, June 13, 2008 1.:48 PM To: Kyle Radek; Steve Siddoway Cc: Wald, Kurt/BOI; Scott Koberg Subject: RE: Fivermile Creek Kyle June 24th works good for me. Are those normally evening meetings 9/17/2008 Page 3 of 3 From: Kyle Radek [mailto:radekk@meridiancity.org] Sent: Friday, June 13, 2008 1.1:42 AM To: Steve Siddoway Cc: Kurt.Wald@CH2M.com Vetten, Skip -Meridian, ID Subject: Fivermile Creek Steve, I'm getting the NMID license agreement in the mail imminently, so I think we need to schedule a department report to council. I would like to get it on the agenda soon. Can you do June 24th? I will prepare the presentation and you just need to get a slide .ready for maintenance cost. Kyle Radek, P.E. Assistant City Engineer City of Meridian Public Works Department ph 208-898-5500 ext 213 9/~7 Page 1 of 4 i • ~~Todd Lavoie From: Rachel Myers Sent: Thursday, September 18, 2008 8:18 AM To: Todd Lavoie Cc: Reta Cunningham; Steve Siddoway; Mike Barton; Elroy Huff Subject: Five Mile Creek ~ To:dd, When the City receives the $40,000 regarding the Five Mile Creek Wetland Restoration Project, $35,000 will be awarded to Public Works, and the other $5,000 will be awarded to Parks & Recreation. Out of that $5,000, will you please split the costs and deposit them into the following accounts? $3,475 - 5210 - 55104 (Contracted Labor) $1,525 - 5210 - 53200 (Grounds Maintenance) Thari:k you, Rpc~ie~?~t~ers Administrative Secretary Meridian Parks & Recreation 11 W. Bower Street Meridian, ID 83642 Phone: 208.888.3579, x12 Fax: 208.898.5501 From: Mike Barton Sent: Thursday, September 18, 2008 7:46 AM To: Steve Siddoway Cc: Elroy Huff; Rachel Myers Subject: RE: Fivemile Creek That split sounds good. 55104 is set to increase by $30,000 in 2009 to cover maintenance of city hall, fire 5, water department phase 1 &2, water tower grounds and well # 10. From: Steve Siddoway Sent: Wednesday, September 17, 2008 3:5.1 PM To: Mike Barton Cc: Elroy Huff; Rachel Myers Subject: RE: Fivemile Creek Let's plan on a split of the funds ($5,000). Make sure you're comfortable that we have enough to cover this project plus the new city hall maintenance contract (in addition to what we already do). Use the rest to provide flexibility with the grounds maintenance account. Get a number to Rachel. Rachel, please forward the numbers for the split to Todd and CC Reta. Here's a thought for initial discussion: $3475 to 55104 and $1525 to 53200-depending on how soon we expect to receive it for maintenance. According to F2eta, Roxanne in PW may have a timeline. 8/2008 Page 2 of 4 • l"hanks, • ~PivPi ~c:~sva~; Parks & Recreation Director 11 W. Bower St. Meridian, iD 83642 Ph: 888=3579 Cell: 440-5255 Parks & Recreation...The Benefits are Endless. From: Mike Barton Sent: Wednesday, September 17, 2008 1:17 PM To: Steve Siddoway Cc: Elroy Huff Subject:. RE: Fivemile Creek Splitting those funds between 55104 and 53200 makes sense. Our 55104 line is well funded for 09 and for the most part we know what our expenditures will be since 09 is the third and final year of Senke's contract. Additional funds in 53200 will give us the flexibility to due some maintenance or renovation on our own if the need arises. From: Steve Siddoway Sent: Wednesday, September 17, 2008 9':14 AM To: Reta Cunningham Cc: Elroy Huff; Mike Barton; Rachel Myers Subject: FW: Fivemile Creek expect an ongoing annual cost of $3475. The $5,000 will be good for the first year of establishment, as it could require more attention/maintenance/weed control the first year. Have you heard when the project is planned to be constructed by PW? If it's not until next Spring and the $5.,000 is not spent, do we lose it or can it be carried forward? The maintenance will most likely be contracted out with Senske, so I believe the funds should go into 55104-Contracted Labor, but we may want to split the amount between there and grounds maintenance. Give me a chance to check with Elroy and Mike and I'il let you know. Thanks, ~PivPi ~f.0~02tlAw~, Parks 8~ Recreation Director 11 W. Bower St. Meridian, ID 83642 Ph: 888'-3579 Cell: 440-5255 Parks & Recreation...The Benefits are Endless. From: Mike Barton Sent: Tuesday, June 17, 2008 7:10 AM To: Steve Siddoway Subject: RE: Fivemile Creek These numbers were not conservative to begin with, so we should be O.K. by the time it's ready to maintain. From: Steve Siddoway Sent: Monday, June 16, 2008 10:08 PM ~'o: Mike Barton; Elroy Huff 9/18/008 Page 3 of 4 Subject: FW: Fivemile Creek • • We'll be taking the Fivemile Creek wetlands restoration project to Council next week. Please verify for me that the numbers below are still good. Thanks. Steve The following is our anticipated maintenance costs for the aforementioned project. Labor - 1 hour per week @ $75.00 per hour x 35 weeks = $2625.00 This includes trash pick up, hand weeding, herbicide applications and weed eating. Material -Herbicides, disposal, equipment and fuel = $850.00 Total yearly cost = $3475.00 Please let me know if there are any questions, Thanks, Mike ~PivPi ~eo~ozva.~ Parks & Recreation DiOOrector 11 W. Bower St. Meridian, ID 83642. Ph; 888-3579 Cell: 440-5255 Parks & Recreation...The Benefits are Endless. From: Kyle Radek Sent: Monday, June 16, 2008 4:.58 PM To: Kurt.Wald@CH2M.com; Skip.Vetten@id.usda.gov; Steve Siddoway Cc: skoberg@agri.idaho.gov; Greg.Baisch@CH2M.com Subject: RE: Fivermile Creek Who's going to wear the trout suit? Kyle Radek, P.E. Assistant City Engineer City of Meridian Public Works Department ph 208-898-5500 ext 213 ----_ From: Kurt.Wald@CH2M.com [mailto;Kurt.Wald@CH2M.corn] Sent: Friday, June 13, 2008 2:36 PM To: Skip.Vetten@id.usda,gov; Kyle Radek; Steve Siddoway Cc: skoberg@agri.idaho.gov; Greg.Baisch@CH2M.com subject: RE: Fivermile Creek This also works forme. From: Vetten, Skip -Meridian, ID [mailto:Skip.Vetten@id.usda.gov] Sent: Friday, June 13, 2008 1:48 PM 1'0: Kyle Radek; Steve Siddoway mac: Wald, Kurt/BOI; Scott Koberg subject: RE: Fivermile Creek 9/18/2008 Kyle • June 24th works good for me. Are those normally evening meetings Skip Page 4 of 4 _ _ _ _ _._ _ _ _ _ _ _. From: Kyle Radek [mailto:radekk@meridiancity.org] Sent: Friday, June 13, 2008 1.1:42 AM To: Steve Siddoway Cc: Kurt.Wald@CH2M.com; Vetten, Skip -Meridian, ID Subject: Fivermile Creek ' Steve, I'm getting the NMID license agreement in the mail imminently, so I think we need to schedule a department report to council. I would like to get it on the agenda soon. Can you do June 24th? I will prepare the presentation and you just need to get a1slide ready for maintenance cost. Kyle Radek, P.E. Assistant City Engineer City of Meridian Public Works Department ph 208-898-5500 ext 213 x/18/2008 ` IF YOU HAVE QUESTS CONCERNING THIS PAYMENT~LEASE CONTACT .- THE "PAYING AGENCY" SHOWN BELOW STATE Of IDAHO ELECTRONIC DEPOSIT PAYMENT ADVICE AGENCY 290 IDAHO TRANSPORTATION DEPT (208)334-8065 CITY OF MERIDIAN ELECTRONIC DEPOSIT #013216431 FOR AMOUNT Of s4o,oo0.00 ° WAS DEPOSITED AT BANK OF THE CASCADES ON 09230.8 ABA N0. 123206024 ACCOUNT NUMBER xxxXXXXXXXxxxxxxx PAYMENT INFORMATION INVOICE N0. DESCRIPTION AMOUNT 5371A2008 G07316 540,000.00 LD • ~OLOC~ ~ ~ J~JO~- 2~, 2~2aC7 -~~LO~~_ ~Y2~ C~1 z-o .u~a ~ ~,oo~ Z~ , DLO v . 3 H-~j 0 D ~ 35 ~ C~0 _ Zu . sZa O. '3~k$Oa .~ •o 00 VENDOR N0. 8 26 0 0 0 225 OO ELECTRONIC DEPOSIT PAYMENT TOTAL S40, 000.00 The State of Idaho submitted the above payment information electronically through the Automated Clearing House CACH) System with the payment transaction. This payment information may be available electronically or otherwise from the above named financial institution. Please contact the financial institution for details of services available regarding receipt of payment information. October 24, 2008 • Department Reports MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Public Works Department ITEM NO. 6-A-3 REQUEST Budget Amendment for Collection System Manhole GPS System for $22,146.00 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: Contacted: COMMENTS See attached Q ppro~-t Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. a Y LO O''~ O NiV a'' d >' E A ~ v R H a LL m 0 N E F- • '~ Q W Z ~ L Q 0 £ Z D W Z W Q ~ F- ` ~; O W a ~ 'C V ~ ~0 . . 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E ~ ~ i Q V ~ ~ U ~ ~ _ ~ O Q Q L Q ~ ~ O ~ Qi 7 O ~ N ~ N C C Q ~ ~ ~ a :. a 'a ~ 00 a~ c = a~ c __ O Z W 0 ~ J H o ,DOS U o O N Q <M F O co ~ ~ _ - n F- M ~ to c ~ ~ W ~O .'~ o ~ ~ V U M N Q O ~ 0 C7 o o N ~ O 2008-09-22 09:32 2083762951 P 10/10 OLLECTION SYSTEM MANHOLE GPS EQUIPM ENT BID NUMBER Pw-08-005 . ... ~. ....:~ ;.. . .. ,.,.....,P ~ :ICING S.CHEDULE:~~.~::..~....~ : ~~~ QUANTITY DESCRIPTIO 1 R8201-51-66 UNIT R86NSS Rover it No adio - ~ / AMOUNT 5 ® EXTENDED °J 1 TSC216 / CU ~ T.SC2 w/ Surve Control er Sof~ware u ~ ~S I 36 00 ~ l5 750 ~ °'' 1 56044-00 / A cessory - TSC2 GPS Accessory Kit L oo 3 Includes TSC Pole Bracket and Cable ~P~°'~ `~ ~ o f ~ Z ~ °u ~ 2 B ~ 41369-00 / R d - 2.Om Carbon Fiber Range Pole with ~ Bipod o Z ~. ~.la D~G~ i,,, ~ .,~.~ ~ ~ 2S ~ ~ 2 S ~ 63610-11 / Tri ble Business Center Survey Advanced Software ~a•i!s ~~ off-~c E ~~ ~ 2250° 225~v °J TOT AL BID ~ ~,~ s : ~ ~~~ ~~~ ~y~K ~ 6aPs~s~~,,~ . $ ZZA 6~~ °-~ ,-_:. Total cost to includ and applicable taxe all labor, material, equipment, freight, insurance, travel, lodging, incidental, Payment Discount Cash discount of % for payment within calendar days. (No deposits, preps ments or percentage payments will be allowed) F.O.B. Prices shall be submi ed F.O.B. Destination. Certificate of Unde tandin The undersigned rep esents and warrants that the undersigned has reviewed and understands the plans, specifications nd other documents, and the undersigned is satisfied with all conditions for. performance of thew rk. The undersigned ha checked carefully all the above figures and understands that the City of Meridian will not be r sponsible for any errors or omissions on the part of the ersigned in creating this bid. AUTHORIZ D SIGNATURE: ® ~ ~t r-~ s ~a~ c..G~ PRINT NAME DO NOT DET CH THIS SHEET -SUBMIT ENTIRE BID PACKAGE AS YOUR BID 9 of 9 L~ October 24, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 28, 200$ APPLICANT Purchasing Department ITEM NO. 6_g_~ REQUEST Idaho Custom Wood Products Budgeted Contract Amendment No. 3 for $495.00 (Owner Initiated & Architect Changes) AGENCY COMMENTS CITY_ CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CJTY 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. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER ,10- 2g~08' I.4clm~ ~-[3-I CHANGE ORDER NO. 03 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: ~~~~ ~ r`r.~. ~ vr<. rur~nv a.v~ ~ vm WVVU PRODUCTS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description:. Incorporate revisions per ASI's 78, 81, 86, 90R2, 95, 91, 107, 109, 11312, 120 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's and RFI Attachments: Change order items description, dated 4!8/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $464,000.000 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 02 .$62 20 No._ to _ (calendar days) . None Contrail Price Prior to this Change Order: Contract Times prior to this Change Order: $464 62.20 (calendar days or date) , 8!28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: $495 00 (calendar days or date) . None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $464,557.20 ~ (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION E ACCEPTED: (CONTRACTOR) Petra Inc. ~ ..Idaho Custom Wood Pr uc By: Thomas R. Coughlin By: Ken Shockey Date: ~ ~ ~ Date: $ ~ ~ ~ ~ 8 APPROVED: (CITY PU RC SIN EN COUNCIL APPROVAL I ~~ By: Keith Watts / /,%~ ~ ~ i i~, Date: I d d D CJ `0~~,,/, Date: I ~ / ~ ~~``` ~ ~ ~ ' APPROVED: (CI ~ Q~ /- ~ ~ ~. ATTEST: T I L ~O By: Mayor Tammy de Weerd Dat By: City Clerk, aycecHol n ~~~~ e: Date: I I ~ / _..c D 'j (~ y O~ ~% 9~ ~r 1s~ •, ~ P .• • • Page 1 of 3 Tara Green From: Kathy Wanner Sent: Friday, October 24, 2008 2:49 PM To: Tara Green Subject: FW: Oct 28 Agenda Items -Petra Change Orders Here's the verbage to add for the big credit I'm bringing you. Kathy KB Fabrication - Budgeted Contract Amendment No 1 - ($44,764.00)credit - Owner Initiated Change Recommended Council Action: Approve Multiple Change Orders for additional work for a Not-To-Exceed amounts listed above for a total amount of $23,301.00 and authorize the Mayor to sign and City Clerk to attest. From: Kathy Wanner Sent: Thursday, October 23, 2008 4:25 PM To: Tara Green; Jaycee Holman Cc: Keith Watts; Stacy Kilchenmann; 'gbennett@petrainc.net' Subject: RE: Oct 28 Agenda Items -Petra Change Orders Tara - I already have changes and additions .. Please place the following items on the Tuesday, Oct 28 Council Agenda under Department Reports. -Keith may add a couple more on Friday. I will bring over copies of paperwork for you. Kathy The Purchasing Department respectfully requests that the following item be placed on the October 28, 2008 City Council Agenda Department Reports for Council's consideration. Multiple Budgeted Contract Amendments for the New City Hall Building Idaho Custom Wood Products -Budgeted Contract Amendment No. 3 - $495.00 -Owner Initiated and Architect Changes Idaho Custom Wood Products -Budgeted Contract Amendment No. 4 - $4,185.00 -Owner Initiated Change. Western Roofing -Budgeted Contract Amendment No. 1 - $1,380.00 -Owner Requested change American Wall Covering -Budgeted Contract Amendment No. 4 - $4,120.00 -Owner Requested Change and Architect Initiated Change. Custom Glass -Budgeted Contract Amendment No. 2 - $1,704.00 - Architect/Design Initiated Change Pre-Conn -Budgeted Contract Amendment No. 3 - $6,630.00 -Owner Requested Change SBI Contracting -Budgeted Contract Amendment No. 2 - $545.00 -Owner Requested Change SBI Contracting -Budgeted Contract Amendment No. 3 - (5,000.00) decrease -Floor Mat Credit Apex - Budgeted Contract Amendment # 1 - $7,120.00 - Card Reader Upgrade 10/24/2008 • Page 2' of 3 Architect/Design Initiated Change Apex -Budgeted Contract Amendment # 2 - $3,545.00 -Owner Requested change Schindler Elevator -Budgeted Contract Amendment No. 2 - $2,776.00 - Architect/Design Initiated Change Alpha Masonry -Budgeted Contract Amendment No. 1 - $6,398.00 -Owner Requested Change and Architect Initiated Change. Architectural Building supply -Budgeted Contract Amendment # 3 - $10,088.00 -Owner Requested (Bronze Medallion) Architectural Building Supply -Budgeted Contract Amendment #5 - $1,281.00 -Owner Requested Change AAtronics -Budgeted Contract Amendment No. 2 - $608.00 -Owner Requested change Sunshine Landscape -Budgeted Contract Amendment No. 1 - $665.00 -Owner Requested Change Commercial Painting Contractors -Budgeted Contract Amendment No. 5 - $2,025.00 -Owner Requested Change Simplex Grinnell -Budgeted Contract Amendment No. 4 - $3,735.00 -Owner Requested Change MR Miller -Budgeted Contract Amendment No. 1 - $23,015.00 -Owner Requested Change MR Miller -Budgeted Contract Amendment No. 2 - (7,250.00) decrease -Credit for water feature modifications Recommended Council Action: Approve Multiiple Change Orders for additional work for a Not-To-Exceed amounts listed above for a total amount of $68,065.00 and authorize the Mayor to sign and City Clerk to attest. From: Gene Bennett [rnailto:gbennett@petrainc.net] Sent: Thursday, October 23, 2008 4:06 PM To: Kathy Wanner Cc: Keith Watts; Tom Coughlin Subject: RE: Oct 28 Agenda Items -Petra Change Orders .Kathy...) think Keith wants to use the verbage Budgeted Contract Amendments instead of change order...tx, gb From: Kathy Wanner [mailto:kwanner@meridiancity.org] Sent: Thursday, October 23, 2008 4:03 PM To: Tara Green; Jaycee Holman Cc: Keith Watts; Stacy Kilchenrnann; Gene Bennett Subject: Oct 28 Agenda Items -Petra Change Orders Tara, Please place the following items on the Tuesday, Oct 28 Council Agenda under Department Reports. Keith may add a couple more on Friday. I will bring over copies of paperwork for you. Kathy The. Purchasing Department respectfully requests that the following item be placed on the October 28, 2008 City Council Agenda Department Reports for Council's consideration. 10/24/2008 • Page 3 of 3 • Multiple Change Orders for the New City Hall Building Idaho Custom Wood Products -Change Order No. 3 - $495.00 -Owner Initiated and Architect Changes Idaho Custom Wood Products -Budgeted Contract Amendment No. 4 - $4,185.00 -Owner Initiated Change. Western Roofing -Change Order No. 1 - $1,380.00 -Owner Requested change American Wall Covering -Change Order No. 4 - $4,120.00 -Owner Requested Change and Architect Initiated Change. Custom Glass -Change Order No. 2 - $1,704.00 -ArchitecUDesign Initiated Change Pre-Conn -Change Order No. 3 - $6,630.00 -Owner Requested Change SBI Contracting -Change Order No_ 2 - $545.00 -Owner Requested Change SBI Contracting _ Change Order No. 3 - (5,000.00) decrease -Floor Mat Credit Apex -Change Order # 1 - $7,120.00 -Card Reader Upgrade -ArchitecUDesign Initiated Change Apex -Change Order # 2 - $3,545.00 -Owner Requested change Schindler Elevator -Change Order No. 2 - $2,776.00 -ArchitecUDesign Initiated Change Alpha Masonry -Change Order No. 1 - $6,398.00 -Owner Requested Change and Architect Initiated Change. Architectural Building supply -Change Order # 3 - $10,088.00 -Owner Requested (Bronze Medallion) Architectural Building Supply -Change Order #5 - $1,281.00 -Owner Requested Change AAfronics -Change Order No. 2 - $608.00 -Owner Requested change Sunshine Landscape -Change Order No. 1 - $665.00 -Owner Requested Change Commercial Painting Contractors -Change Order No. 5 - $2,025.00 -Owner Requested Change Recommended Council Action: Approve Multiple Change Orders for additional work for a Not-To-Exceed amounts listed above for a total amount of $48,565.00 and authorize the Mayor to sign and City Clerk to attest. .Cathy 1Nanner Meridian City Finance Office 33 E. Idaho Meridian, ID 83642 (208) 888-4433 ext 227 Faz: (208) 887-4813 kwanner~meridiancity.orq 10/24/2008 City of Meri dia n Purchas ing De pt. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Gene Bennett Date: 10/23/08 Re: October 28 City Council Meeting Agenda Item • The Purchasing Department respectfully requests that the following item be placed on the October 28, 2008 City Council Agenda Department Reports for Council's consideration. Multiple Budgeted Contract Amendments for the New City Hall Building Idaho Custom Wood Products -Budgeted Contract Amendment No. 3 - $495.00 -Owner Initiated and Architect Changes Idaho Custom Wood Products -Budgeted Contract Amendment No. 4 - $4,185.00 -Owner Initiated Change. Western Roofing -Budgeted Contract Amendment No. 1 - $1,380.00 -Owner Requested change American Wall Covering -Budgeted Contract Amendment No. 4 - $4,120.00 -Owner Requested Change and Architect Initiated Change. Custom Glass -Budgeted Contract Amendment No. 2 - $1,704.00 - Architect/Design Initiated Change Pre-Conn -Budgeted Contract Amendment No. 3 - $6,630.00 -Owner Requested Change SBI Contracting -Budgeted Contract Amendment No. 2 - $545.00 -Owner Requested Change SBI Contracting -Budgeted Contract Amendment No. 3 - (5,000.00) decrease -Floor Mat Credit Apex -Budgeted Contract Amendment # 1 - $7,120.00 -Card Reader Upgrade - Architect/Design Initiated Change Apex -Budgeted Contract Amendment # 2 - $3,545.00 -Owner Requested change Schindler Elevator -Budgeted Contract Amendment No. 2 - $2,776.00 - Architect/Design Initiated Change Alpha Masonry -Budgeted Contract Amendment No. 1 - $6,398.00 -Owner Requested Change and Architect Initiated Change. Architectural Building supply -Budgeted Contract Amendment # 3 - $10,088.00 -Owner Requested (Bronze Medallion) • Page 1 • Architectural Building Supply -Budgeted Contract Amendment #5 - $1,281..00 -Owner Requested Change AAtronics -Budgeted Contract Amendment No. 2 - $608.00 -Owner Requested change Sunshine Landscape -Budgeted Contract Amendment No. 1 - $665.00 -Owner Requested Change Commercial Painting Contractors -Budgeted Contract Amendment No. 5 - $2,025.00 - Owner Requested Change Simplex Grinnell -Budgeted Contract Amendment No. 4 - $3,735.00 -Owner Requested Change MR Miller -Budgeted Contract Amendment No. 1 - $23,015.00 -Owner Requested Change MR Miller -Budgeted Contract Amendment No. 2 - (7,250.00) decrease -Credit for water feature modifications Recommended Council Action: Approve Multiple Change Orders for additional work for aNot-To-Exceed amounts listed above for a total amount of $68,065.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 2 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER M CHANGE ORDER NO. 03 PROJECT NO. CN-O6-001 DATE: 8/11 /08' EFFECTIVE DATE: CONTRACTOR: IDAHO CUSTOM WOOD PRODUCTS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 78, 81, 86, 90R2, 95, 91, 107, 109, 113R, 120 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's and RFI Attachments: Change order items description, dated 4/8/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $464,000.000 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 02 No._ to _ (calendar days) .$62.20 None Contrast Price Prior to this Change Order: 'Contract Times prior to this Change Order: (calendar days or date) $464,.062.20 8/28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Chahge Order: (calendar days or date) $495.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) '$464,557.20 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION E ~ ACCEPTED: (CONTRACTOR) • Petra Inc. - , By: Thomas R. Coughlin Idaho Custom Wood Pr ucts By: Ken Shockey Date: ~ ~ ~ ~ Date: ~ - ~ ~_ ~ APPROVED: (CITY PURCHASING A ENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman .Date: Date: CHAN No O DOOR 323-4500 BOISE, IDAHO RCE-1875 AUG 28 2008 IU GENERAL CONTRACTORS Itiy.~.7"L f l~d'l C SL. 1 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing- Phase III DATE: 7/22/2008 PROJECT: .Meridian City Hall JOB: 060675 TO: Attn: Ken Shockey CONTRACT NO: 19 Idaho Custom. Wood Products 11376 W. President Drive Boise, Idaho 83713 Phone:208-322-2610 Fax: 208 375-2945 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** From: Number: Item Description 00001 ASI#78 Millwork Revisions Rm 238 (COR#07) 000.02 ASI#81 2nd Floor Office Revisions (RFP#02) 00003 ASI#86 Fume Hood Braces (COR#08)- Pipe Braces not required, by others 00004 ASI#90R2 Finish Color Selections (COR#10) 00005 ASI#95 Trim Stain Color (COR#12) 00006 ASI#9~1'Cabinet @ Mailroom 128 & 129 (COR#13)- Add section of Qpen cabinets in mailroom. IDCWP quote 6/12/08 !+S I ~{(a 00007 ASI#107 Wall Revisions Rms 244 & 245 (COR#14) 00008 ASI#109 Teller Counter 151 (COR#15)- Cut down top of reception counter in Rm 151. IDCWP quote 7/2/08 00009 ASI#113R Modify Casework in Rm 346 (COR#16) 00010 ASI#120 Millwork Deletion in Rm 309 (COR#17) Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1-.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $400.00 0.00% $0.00 $400.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $95.00 0.00% $0.00 $95.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 Unit Cost: $495.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $495.00 The Original Contract Sum was ................................................................................................. $464,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $62.20 The Contract Sum Prior to This Change Order was ...................................................... $464,062.20 The Contract Sum Will be Increased ................................................................................... $495.00 The New Contract Sum Including This Change Order ...................................................... $464,557.20 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order T efore is ........................... ACCEPTED: Idaho Cust ood Pr is Petra Incorporat LCA Arc itects, P By: By: "By: . Ken Shockey Tom Coughli Steve Christensen Date: '7/fig'- ~ 2Pj ~8 'Date: ~~ ~ ~~ Date: °, % g~$ ~~ Expedition MERIDIAN CITY HALL • PROJECT NO CH-06-001 IDAHO CUSTOM WOOD PRODUCTS -Phase 3 (19) 07/22/08 CHANGE .ORDER NO 3 CHANGE ORDER ITEMS 1 ASI 78 Millwork revisions Rm 238 (COR#07) $ - 2 ASI 81 2nd Floor Office Revisions (RFP-02) $ - 3 ASI 86 Fume Hood Braces (COR#08) $ - Pipe Braces not required, by others 4 ASI 90R2 Finish Color Selections (COR#10) $ - 5 ASI 95 Trim Stain Color (COR#12) $ - 6 ASI 9'~ry Cabinet @ Mailroom 128 & 129 (COR#1'3) $ 400.00 Add section of open cabinets in mailroom IDCWP quote 6/12/08 7 ASI 107 Wall Revisions Rms 244 & 245 (COR#14) $ - 8 ASI 1:09 Teller Counter 151 (COR#15) ~ $ 95.00 Cut-down top of reception counter in Rm 151 IDCWP quote 7/2/08 9 ASI 113R Modify Casework in Rm 346 (COR#1.6) $ - 10 ASI 120 Millwork Deletion in Rm 309 (COR#17) $ - $ 495.00 Page 1 of 1 • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-B-2 REQUEST Idaho Custom Wood Products Budgeted Contract Amendment No. 4 for $4,185.00 (Owner Initiated Change) 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 cttcched MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: f'none: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT ~to-2s4r~ I+~fn" ~.o-P~-z BUDGETED CONTRACT AMENDMENT N0.04 PROJECT NO. CH-06-001 DATE: 1 on/os EFFECTIVE DATE: CONTRACTOR: IDAHO CUSTOM WOOD PRODUCTS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 120, 126, 130 8 Misc. Items ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's 8 Misc. Items Attachments: Change Items description, dated 9123/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $464,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 03 No._ to _ (calendar days) $557.20 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) .$464,557.20 s/2a/zoos Net Increase (~eeree~ of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $4,1;85.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $468,742.20 'Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ) ACCEPTED: (CONTRACTOR) Petra Inc. ~. Idaho Custom Wood ucts By: Thomas R. Cou hlin By: Ketr9heekisy ,/ Date: ~ ~~ 6 ~ Date: ~ ~ v APPROVED: (CITY P R ASIN A /qE~ COUNCI APPROVAL / / By: Keith Watts 1 /~ ~ ~ r<Q~~~ ,~ (V Date: ~O S ~ ~ ~ ~ Date: ~~~ ' T APPROVED: (C171~ - / ATTEST: ~ ~/~ %/vim = - nL By: Mayor Tam de Weerd ~ By: City Clerk, J ce~Hol n Date: - (7 Datec 1 - - .~~ .9O -vsT 1ST , •Z• ~~ ,,~~ ,9 `~P,~,. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT N O. 04 PROJECT NO. CH-06-001 DATE: 10/7/08 EFFECTIVE DATE: CONTRACTOR: IDAHO CUSTOM WOOD PRODUCTS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 120, 126, 130 & Misc. Items ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's 8 Misc. Items Attachments: Change Items description, dated 9/23/08, witft contractor quotes GRANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $464,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 03 No._ to _ (calendar days) $557.2p None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $464, 557.20 8/28/2008 Net Increase (deeFeese~ of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $4,185.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $468,742.20 Substantial Completion 8128/2008 RECOMMENDED: (CONSTRUCTION MA ) ACCEPTED: (CONTRACTOR) Petra Inc. ` Idaho Custom Wood ucts By: Thomas R. Coughlin By: Ken-Shezic€y ,~ bate: ®~ d~ 6u ~ Date:.g ,~ APPROVED: (CITY P RCHASING AGENT) COUNCI APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: • _ CHANGE ORDER No. 000 >y 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & Misc. Pricing Phase III DATE: 9/24/2008 PRO]ECT: Meridian City Hall 70B• 060675 TO: Attn: Ken Shockey CONTRACT NO: 19 Idaho Custom Wood Products 11376 W. President Drive Boise, Idaho 83713 Phone:208-322-2610 Fax: 208 375-2945 RE: To: `From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#120 Millwork Deletion in Rm 309 (COR#17)- Relocated previously deleted 1.000 LS $135.00 0.00% $0.00 $135.00 cabinets to Rm 312 per owner request. IDCWP quote 8/12/08 00002 ASI#126 Relocate Dishwasher (COR#18)- Add cabinet in Rm 340 for 1.000 LS $1,315.00 0.00% $0.00 $1,315.00 dishwasher, fill in cabinet in Rm 145 at previous dishwasher location. IDCWP quote 8/7/08 00003 ASI#130 Teller Ctr Rm 153 Hgt Revision (COR#19)- Add laminate panels to ` 190 LS $424.00 0.00% $0.00 $424.00 raise the height of the work surface to match the transaction counter. IDCWP -' quote 8/12/08 00004 Window Sills @ Entry Lobby 111 (COR#20)- Add wood sills & face trim at upper 1.000 LS $1,791.00 0.00% $0.00 $1,791.00 interior window in main entry lobby 111, 4 locations. IDCWP quote 8/12/08 00005 Countertop Modification at U/C Equipment (COR#21)- Reduce thickness of ~ .000 LS $520.00 0.00% $0.00 $520.00 countertop edge from 1-1/2" to 2`' to allow dishwashers and under-counter ~~ refrigerators to fir under 34" high counters, 2 dishwasher (Rms 133, 252) & 1 u/c refrigerator locations. IDCWP quote 9/2/08 Unit Cost: $4,185.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $4,185.00 The Original Contract Sum was ................................................ ................................................. $464,000.00 Net Change by Previously Authorized Requests and Changes ............................................... $557.20 . The Contract Sum Prior to This Change Order was ...................................................... $464 557 20 The Contract Sum Will be Increased ............ , . ....................................................................... The New Contract Sum Including This Change Order ...................................................... $4,185.00 $468 742 20 The Contract Time Will Not Be Changed ................................. ................................................ , . The Date of Substantial Completion as of this Change Order Th erefore i~ ., ............................ ACCEPTED.: Idaho Woo -ducts ~y• -..~~ Date: ~ f'~ ~,t~~"~- Expedi~ion ® ~ / " Petra Incorpo LCA Arc itects, P By: - gy. T ~r To Co 'n Steve Christensen Date: ~~ ~ ~ ~ Date: l o ~ 3 ~D ~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 IDAHO CUSTOM WOOD PRODUCTS -Phase 3 (19) 09/23/08 CHANGE ORDER NO 4 CHANGE ORDER ITEMS 1 ASI 120 Millwork Deletion in Rm 309 (COR#17) $ 135.00 Relocate previously deleted cabinets to Rm 312 per owner request. IDCWP quote 8/12 2 ASI 126 Relocate Dishwasher. (COR#18) $ 1,315.00 Add cabinet in Rm 340 for dishwasher, fill in cabinet in Rm 145 at previous dishwasher location. IDCWP quote 8/7/08 3 ASI t30 Teller Ctr Rm 153 Hgt Revision (COR#19) $ 424.00 Add laminate panels to raise the height of the the work surface to match the transaction counter IDCWP quote 8/12/08 4 Window Sills @ Entry Lobby 111 (COR#20) $ 1,791.00 Add wood sills ~ face trim at upper interior window in main entry lobby 111, 4 locations. IDCWP quote 8/12/08 5 Countertop Modification at U/C Equipment (COR#21) $ 520.00 Reduce thickness of countertop edge from 1-1/2" to 2" to allow dishwashers and under-counter refrigerators to fir under 34" high counters, 2 dishwasher (Rms 1'33, 252) & 1 u/c refrigerator locations. IDCWP quote 9/2 $ 4,185.00 Page 1 of 1 October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6°B-3 REQUEST Western Roofing Budgeted Contract Amendment No. 1 for$1,380 Owner initiated Change 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 CQMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 8/11/08 EFFECTIVE DATE: CONTRACT CHANGE ORDER r CONTRACTOR: Western Roofing PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for ASI's 85, 99, 102, 103R 8 RFI#1'13 pL~~C~O.dC~~ ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. ~ SAP ~ ~ ~"^~ Reason for Change Order: Additional scope of revisions per listed ASI's 8 RFI i ~ r~~ v vl ,~ ~ :: (~ Attachments: Change Order Items Description, dated 7/16/08, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 182,990.00 Original Contract Times: Substantial Completion 8/28/08 ,Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) .$0.00 None .Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $182,990.00 - a/2s/2oos Net Increase (deeress~ of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $1, 380.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $184,370.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MAN ~ R) ACCEPTED: (CONTRACTOR) Petra Inc. Western Roofing By: Thomas R. Coughlin' By: Ted Davis l Date:r~ a$/®S Date: p,,._~,~ 0{~i APPROVED: (CITY PUR AS GE T) COUNCIL APPROVAL By: Keith Watts 2G ~`~ ~ '~~~,~ ~F ~~Q~ , ~ ~ ~ ° 0 -~ ' Date: /O 2 ~ O ,7 ',. ~i ~d 3,`y Date: APPROVED: (CITY)~~ / ~~ EST: ttC/ O By: Mayor Tammy de Weerd ~~ By: City Clerk, aycee Holman ~~~~ bate: I - - ~/ 6 Date: ~ , _ 9 ~O`7 .~ %,, ~~ ~J r 1s, • Pte- \`,, q ~ .~ • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 8/11/08 EFFECTIVE DATE: CONTRACTOR: Western Roofing PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for ASI's 85, 99, 102, 103R 8~ RFI#11'3 p ~C~~~d I I ! I ~.n ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. SEP ~ r1 Reason for Change Order: Additional scope of revisions per listed ASI's 8. RFI ~ ; ~ h ~~c!t~t'~~ _:: ~~ G Attachments: Change Order Items Description, dated 7/16/08, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 182,990.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) '$0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) ' $182,990.00 8/28/zoos Net Increase (de~e89e~ of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) '$1,380.00 None .Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $1'54,370.00 .Substantial Completion 8/2812008 RECOMMENDED: (CONSTRUCTION MAN R) ACCEPTED: (CONTRACTOR) Petra Inc. Western Roofing By: Thomas R. Coughlin By: Ted Davis Date: ~ 2g~OS Date: ~."~,J~`- ~~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: ~ Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman .Date: Date: CHANGE ORDER ~~~~ ~ No. OOD01 323-4500 BOISE, IDAHO G S 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASi & RFI Pricing- Phase II PROJECT: Meridian City Hall TO: Attn: Ted Davis Western Roofing 2609 Keim Lane Nampa, ID 83687 Phone: 208-466-8921 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** DATE: 7/21/2008 JOB: 060675 CONTRACT NO: 10 From: Number: Item Description 00001 ASI#85 Lobby Floor & Ext Roof Power Outlets (COR#4)- Add flashing for 18 conduit for power outlets on the roof $35 Ea per verbal from Ted Davis. 00002 RFI#113 Boiler Flue & Intake Revision (COR#5) 00003 ASI#99 Heat Tape for Gutters on Metal Roof (COR#6) 00004 ASI#102 Sill Detail @ Doors 307 & 348 (COR#7) 00005 ASI#103R Stone Ballast @ Main Entry Roof (COR#8)- Add wash stone ballast & cover sheet on lower roof at main entry. Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $630.00 0.00% $0.00 $630.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $750.00 0.00% $0.00 $750.00 Unit Cost: $1,380.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $1,380.00 The Original Contract Sum was ................................................................................................. $1t3Z,99U.uu Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $182,990.00 The Contract Sum Will be Increased ................................................................................... $1,380.00 The New Contract Sum Including This Change Order ...................................................... $184,370.00 The Contract Time Will Not Be Changed ......................... .................................................. The Date of Substantial Completion as of this Change Order Therefore is ..~•.••••••••••••••••••••••• ACCEPTED: Western ~ By' Ted Davis Date: X698 ~~~g ~~ E.ypedition Fax:208-466-6999 Petra Incorporate ~j By: l~e~ Tom Coughlin Date: 788 ~~,o LCA Arc itects, P sy: Steve Christensen Date: 7/~ 8 8 ~g MERIDIAN CITY HALL PROJECT NO: CH-06-001 WESTERN ROOFING -Phase 2 (10) 07/1.6/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 ASI 85 Lobby Floor & Ext Roof Power Outlets (COR#04) 630.00 Add flashing for 18 conduit for power oulets on the roof $35 Ea per verbal from Ted Davis 2 RFI 113 Boiler Flue & Intake Revision (COR#05) 0.00 3 ASI 99 Heat Tape for Gutters on Metal Roof (COR#06) 0.00 4 ASI 102 Sill Detail @ Drs 307 & 348 (COR#07) 0.00 5 ASI 103R Stone Ballast @ Main Entry Roof (COR#08) 750.00 Add wash stone ballast & cover sheet on lower roof at main entry. 1,380.00 Page 1 of 1 ti • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-B-4 REQUEST American Wall Covering Budgeted Contract Amendment No. 1 for $4,120.00 Owner Requested Change & Architect Initiated Change 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 Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CC ~ - 2g-og ~ 1 kc '~ ~ ' ~~ ~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CHANGE ORDER NO. 04 PROJECT NO. CH-06-001 DATE: 9/10/08 EFFECTIVE DATE: CONTRACT CHANGE ORDER CONTRACTOR: AMERICAN WALLCOVER .PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 93, 90R2, 99, 102, 107, 115, 11OR 8 RFI's 142, 147, 148 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. SEP 2 5 2008 ' ' s 8 RFI s Reason for Change Order: Additional scope or revisions per listed ASI B~ ~ Vlll ~~~ Attachments: Change order items description, dated 8/28108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 1,038,550.00 Origirial Contract Times: Substantial Completion 8!28!08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 03 No._ to _ (calendar days) $20,490.00 None"' Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $1,059,040.00 ~ al2al2oos Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $4,1.20.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $1,063,160.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER) ~ CCEPTED: (CONTRACTOR) Petra Inc. American Wallcov By: Thomas R. Coughli ~ By: Randy~~ cz .- Date: ~ ~~S.~C Date: 9 Zb APPROVED: (CITY PURC ASIN GENT) COUNCIL APPROVAL By: Keith Watts C V ' ~ ~ ~~~ Ihitt ~ j „ i ,~ ~~ ~~ Date: I D 3O . 'Q _ '.. `.~ ,<y Date: ` APPROVED: (CITY) - ATTEST: ~ Fp pL By. Mayor Tammy de Weerd B : Ci Cleric J cee Fdblma Y tY _ ~ aEl~ Date: _ ~ Date: ~ 1 '>• i~ ~~.-YQ -vim r~5~/ Q~ '///1111 N1lil 1111111``` • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 04 PROJECT NO. CH-06-001 .DATE: 9/10/08 EFFECTIVE DATE: CONTRACTOR: AMERICAN WALLCOVER ~ PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 93, 90R2, 99, 102, 107, 115, 1TOR & RFI's 142, 147, 148 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. SEP 2 5 2008 ' ' s s 8, RFI Reason for Change Order: Additional scope or revisions per listed ASI ~ I Bar -YI ~~~Y`~~ ~ ~-- Attachmentss Change order items description, dated 8128/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 1,038.,550.00 Original Cortract Times: Substantial Completion 8/28/08 'Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 03 No. to _ (calendar days) $20,490.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $1,059,040.00 s/2a/2oos Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) .$4,120.00 None .Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) '$1,063,160.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER) CCEPTED: (CONTRACTOR) Petra Inc. By: Thomas R. Coughli American Wallc_ov By: Randy - creF~e ~ ~ ~ C Date: ~g~ ~ Date: ~ ~~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER ~D ~`~~~ No. 00004 323-4500 BOISE, IDAHO RCE-T875 nt ROCK SOLID GENERAL COIVTR.4CTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TYTLE: ASI &RFI Pricing= Phase IV PROJECT: Meridian City Hall TO: Attn: Randy Pierce American Wallcover 2685 E. Lanark St. Meridian, ID 83642 Phone:208-887-1062 Fax:208-887-1129 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** DATE: 8/28/2008 70B: 060675 CONTRACT NO: 24 From: Number: Item Description 00001 ASI#93 Add Wall @ Rm 257 (COR#36). AWC quote 5/20/08 00002 ASI#90R2 Finish Legend Color Selection (COR#37) 00003 ASI#99 Heat Tape @ Barrel Vault Gutters (COR#38) 00004 ASI#102 Sill Detail @ Exterior Doors 307 & 348 (COR#39) 00005 ASI#107 Wall Revisions @Rms 244 & 245 (COR#40)- Demo and re-frame wall between Rms 244 & 245. AWC quote ($1034.00). Relocate window frame from Rm 244 & 245. AWC DFA sheet 7/10/08 ($361.00) 00006 RFI#142 Soffits @ Lobbies 316 & 111 (COR#43)- Extend & enlarge soffits at Rms 111 & 316. AWC quote 6/11/08 00007 RFI#147 Relocate VAV #215 (COR#42) 00008 RFI#148 Floor Closures 2nd Flr @ Cols H-3 & H-10 (COR#43)- Drywall ,_ enclosure at columns to seal floors. AWC quote 6/11/08 00009 ASI#115 Wall Finish @ Rm. 223 (COR#44)-Add furring channel, drywall & tape wall in Rm. 223. AWC quote 6/16/08 00010 ASI#110R Exhaust Fan EF-2 Revisions @ Penthouse (COR#45) 0001.1 Cutout & Patch walls at refrigerator water boxes. AWC DFA sheet 7/30/08 Tax Tax Net Quantity Units Unit Price .Rate Amount Amount 1.000 LS $421.00 0.00% $0.00 $421.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0:00 $0.00 1.000 LS $1,395.00 0.00% $0.00 $1,395.00 1.000 LS $1,016.00 0.00% $0.00 $1,016.00 1.000 LS $0.00 0.00°/a $0.00 $0.00 1.000 LS $107.00 0.00% $0.00 $107.00 1.000 LS $462.00 0.00% $0.00 $462.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS •$719.00 0.00% $0.00 $719.00 Unit Cost: $4,120.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00. Total: $4,120.00 The Original Contract Sum was ................................................................................................. $1,038,550.00 Net Change by Previously Authorized Requests and Changes ................................................ $20,490.00 The Contract Sum'Prior to This Change Order was ...................................................... $1,059,040.00 The Contract Sum Will be Increased ................................................................................... $4,120.00 The New Contract Sum Including This Change Order :..................................................... $1,063,160.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Ord~r,The~refore is 7{~........•..••••••••••••••• ACCEPTED' Ar~.o ' an Wallcov y: ~~ Randy Pierce Date: ~' _ Z ~~ (~ Expedition Petra Incorpo By: Tom oug ';~ Date: ~ ~ $~ ~ LCA Arc 'tects, P By: Steve Christensen Date: ~ ~ `.~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 AMERICAN WALLCOVERING -Phase 3 (24) CHANGE ORDER NO 4 • 08/28/08 CHANGE ORDER ITEMS 1 ASi 93 Add Wall. at Room 257 (COR#36) AWC quote 5/20/08 2 ASI 90R2 Finish Legend Color Selctions (COR#37) 3 ASI 99 Heat Tape at Barrel Vault Gutters (COR#38) 4 ASI 402 Sill Detail @ Exterior Doors 307 & 348 (COR#39) 5 ASI 107 Wall Revisions @Rms 244 & 245 (COR#40) Demo and re-frame wall between Rms 244 & 245, AWC quote Relocate window frame from rm 245 to 244 AWC DFA sheet 7/10/08 6 RFI 1.42 Soffits @ Lobbies 316 & 111 (COR#43) Extend & enlarge soffits at Rms 111 & 316. AWC quote 6/11/08 7 RFI 147 Relocate VAV#215 (COR#42) 8 RFI 148 Floor Closures 2nd Flr @ Cols H-3 & H-10 (COR#43) Drywall enclosure at colums to seal floors AWG quote 6/11/08 9 ASI 115 Wall Finish @ Rm 223 (COR#44) Add fusing channal, drywall & tape wall in Rm 223 AWC quote 6/18 10 ASI 1408 Exhaust Fan EF-2 Revisions @ Penthouse (COR#45) 11 Cutout & Patch walls at refrigerator water boxes. AWC DFA sheet 7/30/08 Page 1 of 1 421.00 0.00 0.00 0.00 1,034.00 361.00 1,395.00 1,016.00 0.00 107.00 462.00 0.00 719.00 4.,120.00 • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 ITEM NO. 6-B-Jr APPLICANT Purchasing Department REQUEST Custom Glass Budgeted Contract Amendment No. 2 for $1,704.00 Architect /Design Initiated Change 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: COMMENTS See aftached 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: Date: Phone: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. cc -2s-®~ • ~~ _8- I }enn ~ 5 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER " CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 08/11 /08 EFFECTIVE DATE: CONTRACTOR: CUSTOM GLASS PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per CO#2-West Curtainwall Dimensional Revision ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed revision Attachments: Change order items description, dated 7/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: .Original Contract Price $295,321.00 Original Contract Times: Substantial Completion 8128!08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0, to Ot No._ to _ (calendar days) '$2,137.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days or date) $297,458.00 8/28IZOO8 Net Increase (tleCreaS>~ of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $1,704.00 None Contract Price with all Approved Change Orders: Contrail Times with all Approved Change Orders: (calendar days) $299,162.00 Substantial Completion 8/2812008 RECOMMENDED: (CONSTRUCTIO ACCEPTED: (CO TAR) Petra. Inc. Custom Glas By: Thomas R. Coughlin By: Julie Warwi k Date: ~ ~ p ~~ Date: APPROVED: (CITY PURC SI A ENT) COUNCIL APPROVAL Sy: Keith Watts V F 11AE~ ~ ~~~~ii v ~' ~~~ ~~ ~ b ~/ Date: / Date: ~ ~.. ti Q APPROVED: (CITY ATTEST' ~ - SEAL Will By: Mayor mmy de Wee ~/ man By: City Clerk, Jayc a y ~~ ~ Date: ,^ Date: ~ ~ J ~ _ b ~~!!!! l t1 ~r rJt 111111111`` CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 08/11/08 EFFECTIVE DATE: CONTRACTOR: CUSTOM GLASS PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per CO#2- West Curtainwall Dimensional Revision ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed revision Attachments: Change order items description, dated 7/23108, with contractor quotes CHANGE IN .CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $295,321.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 No._ to _ (calendar days) $2,137.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $297,458.00 8/28/2008 Net Increase (deCreaSt`7 of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $1,704.00 None Contract Price with all Approved Change'Orders: Contract Times with all Approved Change Orders: (calendar days) $299,162.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION RY/ ACCEPTED: (CO TOR) Petra Inc. Custom Glas By: Thomas R. Coughlin ~ By: Julie Warwi k bate: ~ ~ ~ G5~ Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL-APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ` ~ CHANGE ORDER ~'' No. OOOOZ 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: West Curtainwall Revision- Phase II PRO]ECT: Meridian City Hall TO: Attn: Julie Warwick Custom Glass 254 Loop Street Caldwell, ID 83605 Phone: 208-454-0340 Fax:208-454-0391 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** DATE: 7/23/2008 JOB: 060675 CONTRACT NO: 9 From: Number: Item Description 00001 West Curtainwall Dimensional Revision- Trim down one side of West Type F curtainwall to allow clearance for the trim cap & glazing from the exterior; reorder four lites of glass to fit into the smaller opening. The return on the brick veneer does not allow sufficient clearance for the application & removal of the trim cap. Custom Glass quote 7/7/08 Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $1,704.00 0.00% $0.00 $1,704.00 o~~~a~~ AUG 19 2008 Unit Cost: $1,704.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $1,704.00 The Original Contract Sum was .. ....................................................... $295,321.00 ........................................ 2 137.00 Net Change by Previously Authorized Requests and Changes ................................................ $ . The Contract Sum Prior to This Change Order was .........................:............................ $297,458.00 The Contract Sum Will be Increased ....................................................................... $1,704.00 ............ The New Contract Sum Including This Change Order ...................................................... $299,162.00 The Contract Time Will Not Be Changed ....................................... .................................... The Date of Substantial Completion as of this Change Order Thelr amore is .....••••••••••••••••••••••• ALL r ~ ~'' LCA Arc itects, Cus o Petra Incorporate -' By: By. ~' By: J ie Warwick Tom Coughl Steve Christensen Dat ~@0 ~' ( Date: 718 ~' ~ ~ Date: 7/23 ~ S ~~ Expedition MERIDIAN CITY HALL • PROJECT NO: CH-06-001 CUSTOM GLASS -Phase 2 (09) 07/23/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 -- West Curtainwall Dimensional Revision 1,704.00 Trim down one side of West Type F curtainawall to allow clearance for the trim cap & glazing from the exterior, reorder four~lites of glass to fit into the smaller opening. The return on the brick veneer does not allow suffiecient clearance for the application & removal of the trim cap. Custom Glass quote 7/7/08 1,704.00 Page 1 of 1 L_J October 24, 2008 • MERIDIAN CITY COUNCIL MEETING October 28, 2008 , APPLICANT Purchasing. Department ITEM NO. 6-$-6 REQUEST Pre-Conn Budgeted Contract Amendment No. 3 for $6,630.00 Owner Requested Change 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 MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. • ~ tC~ 2e-o sr I•~i* l~-6-1.0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH-08-001 DATE: 8111 /OS EFFECTIVE DATE: CONTRACTOR: TTE-PRECOM PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI 114 & 107 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's Attachments: Change order items description, dated 7/18108, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $219,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0'I to 02 No._ to _ (calendar days) ($26;216.41) None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $192,783.59 s/2a/zoos Net Increase (docr~ee) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $6,630.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $199,413.59 .Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER ACCEPTED: (CONTRACTOR) Petra Inc. TTE-Precom ~ By: Thomas R. Coughlin , By: Nic Astleford Date: ~~~ 8 Date: ~ 5 APPROVED: (CITY RC SING EN COUNCIL APPROVAL Keith Watts r-/ ~ v ^~ ```1 „~ ''' /~ ~~D Date (~ Date: ~i, 0 ` ~ ~/^ ~~ ~ APPROVED: .' pS~~ Q~ a~l~'~ ~ ~ ATTEST: ~O',p~0 '• s % e ~ ! ay: Mayor ammy de Weer - By: City Clerk, Jaycee HAlman SEAL Date: I I ~ L' .~ r1 Date: " ~J ~ 2 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 03 PROJECT NO. CH-06-O01 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: TTE-PRECOM PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI 114 8 107 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's Attachments: Change order items description, dated 7/1.6/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $219,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 02 No._ to _ (calendar days) {$26,21'6.41) None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $192,783.59 ~ s/28/2008 Net Increase (deeceae~) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $6,630.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $199,413.59 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ~ ER ~ ACCEPTED: (CONTRACTOR) Petra Inc. `~ TTE-Precom ~ ' By: Thomas R. Coughlin ~~~ ~-C-~ G'lo By: Nic Astleford Date: ~ j~r- 6~ Date: APPROVED: (CITY URCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 2 CHANGE ORDER ~~~'~ ~ No. 00003 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#114 & 107- Phase III DATE: 7/21/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Nic Astleford CONTRACT NO: 36 TTE-PreCom 710 S Orchard St. Boise , ID 83705 Phone: 344-3660 Fax: 344-0095 RE: To: From: Number: DESCRIPTION OF CHANGE *All taxes are included in costs** Tax Tax Net Item Description ~ Quantity Units Unit Price Rate Amount Amount 0000.1 ASI#114 Cabling for Wireless Internet (COR#05)- Install 26 additional Cat 5E 1.000 LS $6,630.00 0.00% $0.00 $6,630.00 cabled for wireless access points. Install jacks, surface mount boxes and j-hook pathway above ceiling. Include 24 port patch panels in com rooms. PreCom quote 6/23/08 00002 ASI#107 Wall Revision- Rms 244 & 245 (COR#04) 1.000 LS $0.00 0.00% $0.00 $0.00 ~~~~~d~r p aus i s zoos ~ ~ Unit Cost: $6;630.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $6,630.00 The Original Contract Sum was ................................................................................................. $219,000.00 Net Change by Previously Authorized Requests and Changes ................................:............... ($26,216.41) The Contract Sum Prior to This Change Order was ...................................................... $.192,783.59 The Contract Sum Will be Increased ................................................................................... $6,630.00 The New Contract Sum Including This Change Order ...................................................... $199,413.59 The Contract Time Will Not Be Changed ......................................,.n....................... ......... ..... The Date of Substantial Completion as of this Change Order Ther~re is ~ ........................... ACCEPTED: TTE-Pre o a Petra Incorporated LCA A ~hitects,,,~ By: ` sy: _ By: 5 Nic Astleford Tom Coughli Steve Christensen Date: ~ f~ d~ Date: g ~~~ Date: '7 g $ b~ Expedition~® MERIDIAN CITY HALL • PROJECT NO: CH-06-001 PRECOM -Phase 3 (36) 07/16/08 CHANGE ORDER NO 3 CHANGE ORDER ITEMS 1 ASI 114 Cabling for Wireless Internet (COR#05) 6,630.00 Install 26 additional Cat 5E cabled for wireless access points. Install jacks, surface mount boxes and j-hook pathway above ceiling. Include 24 port patch panels in com rooms. PreCom quote 6/23/08 2 ASI 107 Wall Revision - Rms 244 & 245 (COR#04) 0.00 6,630.00 Page 1 of 1 • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6°B°7 REQUEST SBI Contracting Budgeted Contract Amendment No. 2 for $545.00 OWner Requested Change AGENCY COMMENTS CITY CLERK. See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ c~ ~-2s-o8 l~en,'~ ~o-B-1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: SBI Contracting PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI 104- Shower Curtains ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed ASI Attachments: Change Order Items Description, dated 7/15/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 11'0,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders ~ Net changes form previous Change Orders No. 0 to Ot No._ to _ (calendar days) .$365.00 None Contract Price Prior to this Change Order: Contrail Times prior to this Change Order: '$1 Y0 365 00 (calendar days or date) , .. 8!28/2008 Net Increase of this Change Order: Net Increase (decrease) of this Change Order: $545 00 (calendar days or date) . None , Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $110,91D.00 (calendar days) Substantial Completion 8128/2008 RECOMMENDED: (CONSTRUCTION R ACCEPTED: (CONTRACTOR) 'Petra Inc. By: Thomas R Cou hlin ~ SBI Contracts ~ . g Date: ~ ./~ By. , Date: / ~ ~'F`G~ 1•~~-vv-~~ APPROVED: (CITY PURCHA NG E 7~ COUNCIL APPROVAL +i~~u By: Keith Watts \``~~ru irririr `~~`~~ ~ ~ ~ /~ ~~~~, Date: /v ~ ~ ~~ (/` ~` \` ~~ on ~ Date: l V ~ ~ V r c7~" _. „+T ~ti ~~' F APPROVED: (CI - ATTEST: _ By: Mayor Tammy de Weerd D t By: City Clerk, Jay Flolma y aRi a e: Date: , _ ~„O ~~ ~~ 0 ~ • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: SBI Contracting _ PROJECT:. MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI 104- Shower Curtains ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed ASI Attachments: Change Order Items Description, dated 7/15/08, with contractor quotes _ CHANGE IN CONTRACT PRICE: __ CHANGE IN CONTRACT TIMES: Original Contract Price $ 110,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 No._ to _ (calendar days) $365.00 None .Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $110, 365.00 8/2s/2oo8 .Net Increase of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) .$545.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $110,910.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GAR ~ ACCEPTED: (CONTRACTOR) 'Petra Inc. ~,~ / SBI Contracting By: Thomas R. Coughlin , By: S / ~~ Date: ~- >~i/' Date: ~~ . FL~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~a ~ CHANGE ORDER ~~~(~ ~ No. 00002 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN,. ID 83642 • PHONE: (208) 323-4500 • FAX:. (208) 323-4507 TITLE: ASI#104- Shower Curtains- Ph III DATE: 7/21/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Bob Gaige SBI Contracting mail: 228 E. Plaza #193 Phys:11400 W Exec. Dr. Ste. A, Boise Eagle, ID 83616 Phone:208-376-5200 Fax:208-376-5201 CONTRACT NO: 27 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax ~ Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#104 Shower Curtains- Rms 021 & 024 (COR#06)- Add six additional 1.000 LS $545.00 0.00% $0.00 $545.00 shower rods & curtains at the showers in the basement shower rooms. SBI quote 6/12/08 AU619 pppg IU Unit Cost: $545.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $545.00 The Original Contract Sum was ................................................................................................. $110,000.00 Net Change by Previously Authorized Requests and Changes .................:.............................. $365.00 The Contract Sum Prior to This Change Order was ...................................................... $110,365.00 The Contract Sum Will be Increased ................................................................................... $545.00 The New Contract Sum Including This Change Order ...................................................... $110,910.00 The Contract Time Will Not Be Changed ...........................................:..................................... The Dat~f Substantial Completion as of this Change Order Therefore is .............................. ACCE ED: SBI C n Petra Incorporated LCA A hitec By: sy: - By: S, om Coughlin Steve Christensen Date: ~~~ ~ Date: @gg ~ Date: ~ ~ g ~~ Expedition • • MERIDIAN CITY HALL PROJECT NO: CH-06-001 SBI CONTRACTING -Phase 3 (27) CHANGE ORDER NO 2 07/15/08 CHANGE ORDER ITEMS ASI 8 RFI Changes 1 ASl •104 Shower Curtains - Rms 021 & 024 (COR#06) Add six additional shower rods & curtains at the showers in the basement shower rooms. SBI quote 6/12/08 . 545.00 $ 545.00 Page 1 of 1 • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-B°8 REQUEST SBI Contracting Budgeted Contract Amendment No. 3 for $5,000 decrease for Floor Mat Credit AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: • Phone: ~rarr mmais: Mcterials presented at public meetings shall become property of the Clty of Meridian. I~I-en-, ~-~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH-06-001 DATE: 9/2/08 EFFECTIVE DATE: ~~~~ ~ KN~ I arc: 5lSI contracting RROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per Floor Mat Credit (COR#07) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed credit Attachments: Change Order Items Description, dated 8123!08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 110,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 02 $910 00 No._ to _ (calendar days) .. None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $110 910 00 (calendar days or date) , . s/28/2oot3 Net Increase of this Change Order: Net Increase (decrease) of this Change Order: {$5,000.00) (calendar days or date) None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: '$105,91'0.00 (calendar days) Substantial Completio 8/28/2008 RECOMMENDED: (CONSTRUCTION ER ACCEPTED: (CONTRACT ) Petra Inc. SBI Contracting By: Thomas R. Coughlin By: mil,, ~ Date: ~ ~~ Date: 3 '~~ APPROVED: (CITY PURC SIN E T) COUNCIL APPROVAL By: Keith Watts / ~~.~, ~`` MI Date: ~~ J?`7 ~ Date: ``~. '~~ ~'~j,~~~~, APPROVED: (CITY~~ A ATTEST: , O ~ /' / ~ i, _ ~ ~ ~ By: Mayor Tammy d e Weerd Q :::rrr ~ /// By: City Clerk, J ee H Iman nL Date: _ ~ Date: ~ ~~ 1 ~~rrrrrnnn n~~t~`r~: • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH-06-001 DATE: 9/2/08 EFFECTIVE DATE: CONTRACTOR: SBI Contracting PROJECT: MERIDIAN CITY HALL -Phase 37enant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per Floor Mat Credit (COR#07) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed credit Attachments: Change Order Items Description, dated 8/23/08, with contractor quotes 'CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 110,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 02 No._ to _ (calendar days) $910.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $110, 91.0.00 8i28/2o08 Net Increase of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) ($5,000.00) None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) '$405,940'.00 Substantial Completio 8128/2008 RECOMMENDED: (CONSTRUCTION AVER) ACCEPTED: (CONTRACT ) Petra Inc. SBI Contracting By: Thomas R. Coughlin By: Beb•@aige-S• G bate: ~~ ~~ Date: . 3 ~~~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ORDER ~~~~~ ~ ~ ~ ~ ~ o. 00003 .----------___......_..:.~,_~..__..:._ .:.:.........---.....__---- SEP 0.8 2008 323-4500 BOISE, IDAHO _ ~; _ „„ GENERAL CONTRACTORS 1097 N, ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAx: (208) 323-4507 TITLE: Floor Mat Credit- Phase III DATE: 8/25/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Sara Schafer SBI Contracting mail: 228 E. Plaza #193 Phys:11400 W. Exec. Dr., Ste. A, Boi Eagle, ID 83616 Phone:208-376-5200 Fax:208-376-5201 CONTRACT NO: 27 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 Floor Mat Credit (COR#07)- Provide credit for not supply Entrance Mats per 1.000 lS ($5,000.00) 0.00% $0.00 ($5,000.00) Spec Section 12484. Mats to be supplied by others. SBI quote 9/28/08 & 7/24/08 Unit Cost: ($5,000.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _ $0.00 Total: ($5,000.00) The Original Contract Sum was ................................................................................................. $110,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $910.00 The Contract Sum Prior to This Change Order was ...................................................... $110,910.00 The Contract Sum Will be Decreased ................................................................................... ($5,000.00) The New Contract Sum Including This Change Order ...................................................... $105,910.00 The Contract Time Will Not Be Changed .................................................... ....................... The Da~of Substantial Completion as of this Change Order Therefore is ~ ........................... SB1 o r ~ Petra Incorporate ~ LCA Ar itects, P By: By: By: hafer To Co ghl' Steve Christensen Date: Date: ~ ~~~ Date: ~' ~~ l 0~ Expedition ® ~ • • MERIDIAN CITY HALL PROJECT NO: CH-06-001 SBI CONTRACTING -Phase 3 (27) CHANGE ORDER NO 3 08/23/08 CHANGE ORDER ITEMS ASI & RFI Changes 1 Floor Mat Credit (COR#07) Provide credit for not supplying Entrance Mats per Spec Section 12484. Mat s to be.supplied by others SBI quote 9/28/08 & 7/24/08 (5, 000.00) $ (5,000.00) Page 1 of 1 • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-B-9 REQUEST Apex Budgeted Contract Amendment No. 1 for $7,120.00 for Card Reader Upgrade (Architect /Design Initiated Change) 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 MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CG to-2g- 08- CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CHANGE ORDER NO. O1 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: ' CONTRACT CHANGE ORDER CONTRACTOR: Apex Integrated Security Solutions PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per CO#1-Proximity .Card Reader upgrade (COR# 01) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Orrler: Additional scope or revisions per listed upgrade Attachments: Change order items description, dated 7/16!08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $84,695.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. - to - No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $84; 695.00 8/28/2008 Net Increase (dtePeas'e~ of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $7,120.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $91,815.00 Substantial Completion 8/2812008 RECOMMENDED: (CONSTRUCTION MA GER) . ACCEPTED: (CONTRACTOR) Petra Inc. Apex Integrated S ~ s By: Thomas R. Coughl'n By: Bill Atkinson Date: ~ Z ~' 6 Date: ~~ Q APPROVED: (CITY PURC-+A ING N COUNCIL APPROVAL / W By: Keith Watts ````~~~rrni~~rrr,r/r~ri~i ~ V -~~ ~ v ~~\``~ ~~ M~`•Y ~~~~i Date: l~/J~ ~ D ~ Date: ~•`~'~ '9iy APPROVED: (CITY) - ATTEST: SEAL m By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holrr n Date: t ~ V Date: `' .l, _~~ ~~ ~~ -t '~ /'~~~4rUri nr n~H~~~~~~~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 01 PROJECT tVO. CH-06-001 DATE: 8/11./08 EFFECTIVE DATE: CONTRACTOR: Apex Integrated Security Solutions '.PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements •The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per CO#1-Proximity Card Reader upgrade (COR# 01) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed upgrade Attachments: Change order items description, dated 7N 6/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $84,695..00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. - to - No._ to _ (calendar days) '$0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $84,695..00 8/2s/2oos .Net Increase (die) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $7,1.20.00 None . Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $91,81.5.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA GER) ACCEPTED: (CONTRACTOR) Petra Inc. Apex Integrated Se ~ s By: Thomas R. Coughl~n By: Bill Atkinson Date: /~- ~ ~' ~ ~ Date: ~~. APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: ~~~\ ~~~ 323-4500 BOISE, IDAHO RCE-1875 CHANGE ORDER No. 00001 ~~~~~d~n U A~~ 28 2008 IDI CiL~NL-~RAL CONTRACTORS " 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Proximity Card Reader Upgrade DATE: 7/21/2008 PROJECT: Meridian City Hall ]OB: 060675 TO: Attn.: Bill Atkinson CONTRACT NO: 38 Apex Integrated Security Solutions 5517 W Kendall Boise, Id 83706 Phone:208-378-9650 Fax:208-378-9660 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 Proximity Card Reader upgrade (COR#Ol)- Replace the specified HID I-Class 1.000 LS $7,120.00 0.00% $0.00 $7,120.00 readers with ExeedID Multi-Technology readers. The ExeedID reader will read the cities existing traditional proximity cards and the smart cards. The smart cards are to be revised from the HID 2K to the XceedID lOK smart cards. Apex quote 6/27/08 Unit Cost: $7,120.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $7,120.00 The Original Contract Sum was ................................................................................................. "$84,695.00 Net Change by Preciously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $84,695.00 The Contract Sum Will be Increased ................................................................................... $7,120.00 The New Contract Sum Including This Change Order ...................................................... $91,815.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantia letion as of this Change Order T efore i ............................ ACCEPTS Apex In tions Petra Fncorporat LCA A hitects, P By: By; By: B~ 1 Atkinson Tom Cou Steve Christensen Date: ~v8 ~ ~~ b~~ Date: 7 ~~~ ~~ Date: 7 g~g G~ Expedition MERIDIAN CITY HALL PROJECT NO: CH-06-001 APEX INTEGRATED SECURITY SOLUTIONS, INC -Phase 3 (38) 07/16!08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 Proximity Card Reader Upgrade (COR#01) 7,120,00 Replace the specified HID I-Class readers with XceedlD Multi-Technology readers. The XceedlD multi-technology readers will read the cities existing traditional proximity cards and the smart cards. The smart cards are to be revised from the HID 2K to the XceedlD 10K smart cards. Apex quote 6/27/08. 7,120.00 Page 1 of 1 • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-B-10 REQUEST Apex Budgeted Contract Amendment No. 2 for $3,545.00 Owner Requested Change AGENCY COMMENTS CITY CLERK: See aftached 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 Clty of Meridian. ~ ~C tC~g o~ hem t~-~ ~6 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: Apex Integrated Security Solutions PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per CO#2- ID Badge Image Capture Kit ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed Image Capture Kit Attachments: Change order items description, dated 7/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $84,695.00 Original Contract Times: Substantial Completion 8/28!08 Net changes form previous Change Orders Net changes form previous Change Orders No. - to 01 $7 120 00 No._ to _ (calendar days) , . None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $91 815 00 (calendar days or date) , . 8/28/2008 Net Increase (deClEase) of this Change Order: Net Increase (decrease) of this Change Order: $3 545 00 (calendar days or date) , . None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $95,360.00 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA R) ACCEPTED: (CONTRACTOR) 'Petra Inc. Apex Integrated Se By: Thomas R. Coughlin By: Bill Atkinso Date: r~ .a ~ 2v V Date: ~' ~ APPROVED: (CnY PURC A N G N } COUNCIL APPR AL / ~/V ~ / ~,ir~„crr,r L B :Keith Watts Date: /O O /-, ~ r~r~~/' ``~`~~ I~ ~~ -~ ~~~\~ OF ~~ ,9~~~ (V " ~ `~ D t ~ V a e: ~ ~ ~~ y ; APPROVED: (CI ~ ~ ATTEST: .~ ~~ By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman SEAL Date: ~ ~ ~ ! ~ ~ '9 ~~ Date: 1 '~% q P ,`. '/',~rrrrrrrrfr rrNt~~~~~~~\~ • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER •. CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: Apex Integrated Security Solutions .PROJECT: MERIDIAN CITY HALO -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. .Description: Incorporate revisions per CO#2- ID Badge Image Capture Kit ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed Image Capture Kit Attachments: Change order items description, dated 7/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $84,695..00 Original Contract Times: Substantial.Completion 8/28/08 .Net changes form previous Change Orders Net changes form previous Change Orders No. - to 01 No._ to - (calendar days) $7,120.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $91, 815.00 a/28/zoos Net Increase (sue) of this Change Order: Net Increase (decrease) of this Change. Order: (calendar days or date) $3,545.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) .$95,360.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA R) ACCEPTED: (CONTRACTOR) Petra Inc. Apex Integrated Se By: Thomas R. Coughlin By: Bill Atkinso Date: (~ ~ ~ ,~ Date: ~ ~ - APPROVED: (CITY PURCHAS NG AGENT) COUNCIL APPR AL By: Keith Watts Date: ~ Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman ,Date: Date: ~~ ~, CHANGE ORDER ~~`~~~ R ~ ~ No. 00002 - ~~~ 323-4500 AUG 01 ?0®~ BOISE, IDAHO C~~ ~~C~/~~ RCE-1875 na RoCg SOLID ~~S c s 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAx: (208) 323-4507 TITLE: ID Badge Kit- Phase III DATE: 7/28/2008 PR07ECT: Meridian City Hall JOB: 060675 TO: Attn: Bill Atkinson CONTRACT NO: 38 Apex Integrated Security Solutions 5517 W Kendall Boise, Id 83706 ~ ~ ~ ~ Q. ~ ~ f Phone:208-378-9650 Fax:208-378-9660 AUG 2 g 2008 ~~~ RE: To: From: By Nu ber: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount " 00001 ID Badge Image Capture Kit (COR#02)- Provide per City request ID Badge 1.000 LS $3,545.00 0.00% _ $0.00 $3,545.00 Image Capture Kit. Kit includes CCD NTSC camera, synchronized cool white lights, telescoping stand, USB cable, universal 110/120V VAC power supply and TWAIN device drivers. Installation includes set np, programming and training. Apex quote dated 7/17/08 Unit Cost: $3,545.00 Unit Tax: $0.00 Lump Sum: '$0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $3,545.00 The Original Contract Sum was ................................................................................................. $84,695.00 Net Change by Previously Authorized Requests and Changes ................................................ $7,120.00 The Contract Sum Prior to This Change Order was ...................................................... $91,815.00 The Contract Sum Will be Increased ................................................................................... $3,545.00 The New Contract Sum Including This Change Order ...................................................... $95,360.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Tl~refore is , .......:..................:... ACCE Apex - ~° ~siu ,vtKmson .,,~~,.,o d~ ate: X68 Expedition Petra Incorpo sy: Tom Coughlin Date: ~~ ~- ®~ LCA A~ chitects, sy: Steve Christensen Date: 7/2 ~~8~ MERIDIAN CITY HALL PROJECT NO: CH-A6-001 • APEX INTEGRATED SECURITY SOLUTIONS, INC -Phase 3 (38) 07/23/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS ID Badge Image Capture Kit (COR#02) 3,545.00 Provide per City request ID Badge Image Capture Kit. Kit includes CCD NTSC camera, synchronized cool white lights, telescoping stand, USB cable, universal 110/120V VAC power supply and TWAIN device drivers. Instalation includes set-up, programming and training. Apex quote dated 7/17/08 3, 545.00 Page 1 of 1 October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM No. 6-B°11 REQUEST Schindler Elevator Budgeted Contract Amendment No. 2 for $2,776.00 Architect /Design Initiated Change 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 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Merididn. ~ ~ t0-2&08 +em ~ lu-r3- I 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642. CONTRACT CHANGE ORDER CHANGE ORDER NO. O2 PROJECT NO. CH-06-001 DATE`. 8111!08 EFFECTIVE DATE: .... ~ i~rw, vr~. J1.11111V ICI CICVdtOr .PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for Elevator Traveling Cable (CORIY02) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed addition of traveling cable Attachments; Change Order Items Description, dated 7/18/08 with.contractorguote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 222,100.00 .Original Contract Times: Substantial Completion 8!28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 $1 600.00 No._ to _ (calendar days) , None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $223 700 00 (calendar days or date) , . 8/28/2008 Net Increase (desteassj of this Change Ober: Net Increase (decrease) of this Change Order: $2 776:00 (calendar days or date) , None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $226,476.00 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION tiAA R) ACCEPTED: (CONTRACTOR) Petra Inc. Schindler Elevator ., By: Thomas R. Coughli By: Pete Skow Date: ~ f ~ 8 Date: ~ Q. APPROVED: (CIT~u C GAG~N ~~~ / / ~~ COUNCIL APPROVAL ~(/ ~ B : K ' ~ y elth Watts 2 Date: ~ I0 ~,,ulu,~r,,,,: •,; ~ ~'~~S ~pF ME~~ ;O D t J~ v ~ ,~~ ~ , a e: '~ APPROVED: (Cl i%v r Ge%/lam , ATTES ~ F ` O ~ By: Mayor Tammy de Wee D By: City Clerl ,Jaycee Hol an SEAj,, ate: _ ._' 1 V Date: _ ,' l ey v 7~ p0 t~--tzi~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: Schindler Elevator .PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. .Description: Incorporate revisions for Elevator Traveling Cable (COR#02) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed addition of traveling cable Attachments: Change Order Items Description, dated 7/18/08 with.contractorguote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 222,100..00 Original Contract Times: Substantial Completion 8128/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 No._ to _ (calendar days) .$1,600.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $223, 700.00 8/28/2008 Net Increase (d+eerea~ of this Change Order: Net Increase (decrease) of this Change Order: (calendat days or date) $2,776.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $226,476.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ER) ~ ACCEPTED: (CONTRACTOR) Petra Inc. , ' ~ Schindler Elevator By: Thomas R. Coughli ~ By: Pete Skow Date: ~~~ ®~ Date: 8~~~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: p ~ CHANGE ORDER ~~~~~ No. 0000 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Elevator Traveling Cable- Phase II DATE: 7/21/2008 PRO]ECT: Meridian City Hall ]OB: 060675 TO: Attn: Pete Skow CONTRACT NO: 11 Schindler Elevator Corp. 743 McGregor Court Suite 140 Boise, ID 83705-5225 Phone:208-577-5525 Fax:208-577-5526 RE: To: From: Number: Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $2,776.00 0.00% $0.00 $2,776.00 DESCRIPTION OF CHANGE **All taxes are included in costs** Item Description 00001 Elevator Traveling Cable (COR#02)- Add 2nd traveling cable to all three elevators to allow for the addition of card readers in the cars by others. Schindler quote 6/24/08 --- ~ ~ u ~ ~ 0~ Ill pUG 2 ~. 2008 ' Unit Cost: $2,776.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0 00 Total: $2,776.00 The Original Contract Sum was ...................................................... Net Change by Previously Authorized Requests and Changes ........................................... $222,100.00 ..... The Contract Sum Prior to This Change Order was ........................................... $1,600.00 ........... The Contract Sum Will be Increased ........................................... $223,700.00 ........................................ The New Contract Sum Including This Change Order ........................................... $2,.776.00 ........... The Contract Time Will Not Be Changed ...................................... ........................................... ................. ... . ~.~~.~~~~~ $226,476.00 The Date of Substantial Completion as of this Change Order The~ ......... .. ore is ,~ ACCEPTED: Schindler Elevator C sy: Pete Skow Date: ~ ~~~~ Expedition Petra Incor o LCA Ar itects, ey: By. Tom Cou m Steve Christensen Date: 700$" ~ ~ ®~ Date: 7f~266~ ~ S 6~ r MERIDIAN CITY HALL • • PROJECT NO: CH-06-001 SCHINDLER ELEVATOR -Phase 2 (11) 07/18/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 -- -- Elevator Traveling Cable (COR#02) 2,776.00 Add 2nd traveling cable to all three elevators to allow for the addition of card readers in the cars by others. Schindler quote 6/24/08 2,776.00 Page 1 of 1 • October 24, 2008 u MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM No. 6-B-12 REQUEST Alpha Masonry 'Budgeted Contract Amendment No. 1 for $6.,398.00 Owner Requested Change 8~ Architect Initiated Change AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: 1DAH0 POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian: (~ dd•28-0$ I~el~~ t~- F3-12 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 8/11/08 EFFECTIVE DATE: CONTRACT CHANGE ORDER CONTRACTOR: Alpha Masonry PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza,8~ Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 92 8102, and Thru-Wall Flashing (COR#03) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's 8 Thru-Wall Flashing Attachments: Change order items description, dated 7116/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $194,585.00 Original Contract Times: Substantial Completion 8/26/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $194,585.00 x/28/2008 Net Increase (dEertese) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $6,398.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $200,983.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER . ACCEPTED: (CONTRACTOR) Petra Inc. ,~ Alpha Masonry Coughlin By: Thomas R By: Daryl Coleman ~1~ Q Date: -v ~b Q~ f ,.,~f Date: ~`~~- Oc$ `~~Z~ili APPROVED: (Clrr H IyGA T) COUNCIL APPROVAL ~ By: Keith Watts f U ~ ~``QF MER`''•,,~. ' ,S (/ Date: f/b ~ ~ 0 Date: .~~~ `t O~'q ~~'~ v /. ~ APPROVED: (CI ATTEST: ttO ~GC L yf' By: Mayor Tammy de Weerd By: City Clerk, Jaycee Horan SEAL Date: ' - - u Date: t ti . t J ., ~ 7 `7 :~ y~ T 1ST , ~ `~~ ~~i ~~ ,,~~° 9 ~UiNTY • ~~~,~~~`\ /~////f/tilT~~~~~~~~~~`+` • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER C_~ CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: Alpha Masonry PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 92 & 102, and Thru-Wall Flashing (COR#03) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's 8 Thru-Wall Flashing Attachments: Change order items description, dated 7/16/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $194,585.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) '$0.00 None .Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $194,585.00 8/28/2oos Net Increase (d~erease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $6,398.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $200,983.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER , ACCEPTED: (CONTRACTOR) Petra Inc. Alpha Masonry fay: Thomas R Coughlin By: Daryl C oleman ~~~---~ - ~s Date: G~ ~~D~ d~ / G Date: ~'~/`~-/Z~p `~~~V,~ / APPROVED: (CITY PURCHASING AGENT) COUNCIL APPR OVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: bate: CHANGE ORDER . p~~~~ No. 00001 323-4500 BOISE, IDAHO RCE-1875 t,,, 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208). 323-4500 • FAX:- (208) 323-4507 TYTLE: ASI &Thru-Wall Flashing- Phase IV PRO]ECT: Meridian City Hall TO: Attn: Daryl Coleman Alpha Masonry 2645 S. Substation Rd Emmett, ID 83617 Phones 208-365-1367 Fax: 208-365-4606 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** From: Item Description 00001 ASI#92 Plaza Brick Revision (COR#Ol)- Replace owner supplied salvage brick with new contractor furnished brick on the stream and canel water feature. The brick is to match the Shell Bldg brick; Interstate Brick, color: Canyon Rose, texture: matte. Alpha quote 5/19/08, revised. 00002 ASI#102 Smokestack Door Layout (COR#02) 00003 Thru-Wall Flashing (COR#03)- Add thru wall Flashing at the base of the exterior walls of the Heritage Bldg. Alpha quote 7/1/08 DATE: 7/21/2008 ]OB: 060675 CONTRACT NO: 41 Number: Tax Quantity Units Unit Price Rate 1.000 LS $5,218.00 0.00% Tax Net Amount Amount $0.00 $5,218.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $1,180.00 0.00% $0.00 $1,180.00 ~~~~~d~ ~ auc i a 2ooa Unit Cost: $6,398.00 Unit Tax: $0.00 . Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _ $0 00 Total: $6,398.00 The Original Contract Sum was ................................................................................................. $194,585.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $194,585.00 The Contract Sum Will be Increased .........................................................................:....:.... $6,398.00 The New Contract Sum Including This Change Order ...................................................... $200,983.00 The Contract Time Will Not Be Changed ....................................~............... ........................ The Date of Substantial Completion as of this Change Order Tt~efore is ~~• .......,, ACCEPTED: Alpha Mas y ~~ Daryl Coleman Date: ~ `~`~`194C Expedition Petra Incorpora ~/ Tom Coughlin Date: g ~ 5~ ~g LCA A~ itects, sy: Steve Christensen Date: ~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 ALPHA MASONRY INC -Phase 4 (41) 07/16/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 ASI 92 Plaza Brick Revision (COR#01) 5,218.00 Replace owner supplied salvage brick with new contractor furnished brick on the stream and cane) water feature. The brick is to match the Shell Bldg brick; Interstate Brick, color: Canyon Rose,. texture: matte. Alpha quote 5/14/08, revised 2 ASI 1D2 Smokestack Door Layout (COR#02) 0.00 3 -- Thru-Wall Flashing (COR#03) 1,180.00 Add thru wall flashing at the base of the exterior walls of the Heritage Bldg. Alpha quote 7/1!08 6,398.00 Page 1 of 1 • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-6-13 REQUEST Architectural Building Supply Budgeted Contract Amendment No. 3 for $10,088.00 (Owner Requested Bronze Medallion) 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 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 c~ so-2g~oF CHANGE ORDER NO. O3 PROJECT NO. CH-06-001 DATE: 9-2-08 EFFECTIVE DATE: ~-~~. ~ rv.~. ~ ~R: rvct,rn I tt, I utwL tSUILUING SUPPLY / PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for Plaza Medallion (COR#19) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed Plaza Medallion (COR#19) Attachments: Change Order Items Description, dated 8/23108, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 7,820.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 02 $35 323.00 No._ to _ (calendar days) , None Contract Price Prior to this Change Osier: Contract Times prior to this Change Order: $43 143 00 (calendar days or date) , . 8/28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: $10 088 00 (calendar days or date) , . None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $53,231.00 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER) ACCEPTED: (CONTRACTOR) '.Petra Inc. .~ By: Thomas R. Coughlin Architectural Building S ly By: Stewart Jensen Date: C1 p ~ Date: 9 5- o APPROVED: (CITY FuRCH sl G ~ COUNCIL APPROVAL / B : Keith Watts / (~ ,Date: ld/30 Q ``~„rru~~~rr,,,,,~ ~ " ~ 2V _ ;cc~y of MERjO~'%,~~ Date: ~ '~ti APPROVED: (CITY) - ATTEST: Q By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holmes SEAL Date: .~ Date: ~r 1 ? ~ ~ "i - lJ ~ ~• - ,~ - ; ''''''''~~r~rrhrn a un~~~~~~`~~\\`\` CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 03 PROJECT NO. CH-06-O01 DATE: 9-2-08 EFFECTIVE DATE: CONTRACTOR: ARCHITECTURAL BUILDING SUPPLY PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for Plaza Medallion (COR#19) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed Plaza Medallion (COR#19) Attachments: Change Order Items Description, dated 8/23/08, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 7,820..00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 02 No._ to _ (calendar days) '.$35,323..00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $43,143.00 8/28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $10,088.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $53,231.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER) ACCEPTED: (CONTRACTOR) Petra Inc. .~ By: Thomas R. Coughlin Architectural Building S ly By: Stewart Jensen ~i)'/w--• Date: ~ ~ ~ Date: ~' S O APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman 'Date: Date: CHANGE ORDER p~~~~ No. 00003 ---- ---- _:_ _ -- -------- p ~ C~ ~ ~ d 323-4500 ~ SEP o 9 2008 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Plaza Medallion (COR#19- Phase II DATE: 8/25/2008 PRO]ECT: Meridian City Hall JOB: 060675 TO: Attn..: Stewart Jensen CONTRACT NO: 7 Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone:208-884.8917 Fax:208-884-5641 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Ytem Description Quantity Units Unit Price Rate Amount Amount 00001 Plaza Medallion (COR#19)- Furnish and install 60" bronze medallion for Plaza 1.000 LS $10,088.00 0.00% $0.00 $10,088.00 Medallion to be per Det 10/L1.63, with copy revised per LCA Option A sketch attached. ABS quote 8/18/08 Unit Cost: $10,088.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $10,088.00 The Original Contract Sum was ................................................................................................. $7,820.00 Net Change by Previously Authorized Requests and Changes ................................................ $35,323.00 The Contract Sum Prior to This Change Order was ...................................................... $43,.143.00 The Contract Sum Will be Increased ................................................................................... $10;088.00 The New Contract Sum Including This Change Order ...................................................... $53,231.00 The Contract Time Will Not Be Changed ...................................................... .... ...... ........... The Date of Substantial Completion as of this Change Order The,~efore is ............................ ACCEPTED: Architecturll ~ ding Supply By: / .~~ Stewa Jensen Date: % ~ _~~-, ~ g Expedition Petra Incorporate Ly A AC~r hitect ~~~ ~_- By: B - - To Cou Steve Christensen Date: ~~~ ~ Date: ~~ ~~~ a~ MERIDIAN CITY HALL PROJECT NO: CH-06-001 ABS -Phase 2 (07) CHANGE ORDER NO 3 CHANGE ORDER ITEMS 08/23/08 Plaza Medallion (COR#19) 10,088.00 Furnish and install 60" bronze medallion for Plaza Medallion to be per Det t0/L1.63, with copy revised per LCA Option A sketch attached ABS Proposal 8/18/08 10,088.00 Page 1 of 1 • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM No. 6-B-14 REQUEST Architectural Building Supply Budgeted Contract Amendment No. 5 for $1,281.00 ~OWner Requested Change) 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 See aftached OTHER: Contacted: Date: Phone: Emdiled: Staff Initials: Moterials presented at public meetings shall become property of the Clty of Merldlan. ~ cc ~Q-za-og B~er~ t~-s- 9~- CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. OS PROJECT NO. CH-06-001 DATE: 08/11 /OS EFFECTIVE DATE: CONTRACTOR: ARCHITECTURAL BUILDING SUPPLY PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#100- Door 225 8 226 Window, dated 7/23/08 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI Attachments: Change order items description, dated 7123/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 277,230.00 Original Contract Times: Substantial Completion 8128/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 04 No._ to _ (calendar days) $24,797.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $302,027.00 8/28/2008 Net Increase (deeroc+ee) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days or date) $1,281.00 None .Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (ca ndar days) $303,308.00 ubstantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) Petra Inc. ~ Architectural Buildin 1 By: Thomas R. Coughlin By: Stewart Jensen Date: 8 ~ S d~ Date: 8"- ~~, d APPROVED: (CrrY PU G/EN COUNCIL APPROVAL B :Keith Watts ~~ D t ``~~~~+~ri~iur,,,~~ ~ ~~~ ~~~ ~ ••.vT/~ ~ O - ~ 8 _ ~ a e: ' ~ S ~ ~ ~~/ `` Date: ~/ APPROVED: (clrv) - ~~ ~ ATTEST: ~ ~ O a'v.~G~' e~~ i By: Mayor Tam y de Weerd By: City Clerk, Jaycee HolRtan . SAT Date: ~/ o bate: 1 - .~ ~"~ ',~~~~~irrrnn~ rr~t~~~~~`\`\ • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 05 PROJECT NO. CH-06-001 DATE: 08/11/08 EFFECTIVE DATE: wlv I rcHL I uK: AKGFII I EGTURAL BUILDING SUPPLY .PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#100- Door 225 8 226 Window, dated 7/23/08 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. .Reason for Change Order: Additional scope or revisions per listed ASI Attachments: Change order items description, dated 7/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 277,230.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 04 No._ to _ (calendar days) $24, 797.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $302, 027.,00 8/28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $1,281.00 None .Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $303,308.00 ~ (ca radar days) ubstantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) Petra Inc. ~ Architectural Buildin 1y By: Thomas R. Coughlin , By: Stewart Jensen (ti~._ .Date: ~ ~ ~ d~ Date: g". f ~. 6 APPROVED: (CITY PU I ~G~EN COUNCIL APPROVAL / B K ~ G/' y eith Watts Date: a ~ / Q O C/ Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: r ~ CHANGE ORDER ~~~ No. 000 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#100- Phase III DATE: 7/23/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Stewart Jensen CONTRACT NO: 22 Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone:208-884-8917 Fax:208-884-5641 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#300 Door 225 & 226 Window. Add window kits and locks to doors #225 & 1.000 LS $1,281.00 0.00% $0.00 $1,281.00 226. ABS quote 5/30/08 ~~C~~Od~ ~ AUG 1.9 2008 ~~ah Unit Cost: ' $1,281.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $1,281.00 The Original Contract Sum was ................................................................................................. $277,230.00 Net Change by Previously Authorized Requests and Changes ................................................ $24,797.00 The Contract Sum Prior to This Change Order was ...................................................... $302,027.00 The Contract Sum Will be Increased .................:............................................:.................... $1,281.00 The New Contract Sum Including This Change Order ...................................................... $303,308.00 The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefpre is .;;~ .......................... ACCEPTED; Architect al Idin Ir!~ By. S w Jensen Date: Expedition Petra lncorpo By: " Tom Coughtin~/ Date: - ~ ~ ~~ LCA Arc itects, By: Steve Christensen Date:. 7/2$ g '$ ~$ ~- MERIDIAN CITY HALL • PROJECT NO: CH-06-001 ABS -Phase 3 (22) 07/23/08 CHANGE ORDER NO 5 CHANGE ORDER ITEMS 1 ASI 100 Door 225 & 226 Window Add window kits and locks to doors #225 & 226. ABS quote 5/30/08 Page 1 of 1 1,281.00 1,281.00 r~ L October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-8-15 REQUEST AATronics Budgeted Contract Amendment No. 2 for $608.00 (Owner Requested Change) 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 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 !'~ \ ITP1 A l~T/~ n. ~'C~~Q 2&Ot~ I~er,T' t~-t3.15 CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 8/11108 EFFECTIVE DATE: v. • v~v I Vf\. MM I RVI91ti~7 .PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per CO#2- Intercom Station @ Purchasing Office ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed addYl intercom system Attachments:. Change order items description, dated 7/18/08, with contractor quotes 8 PCO's CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $204,378.72 Original Contract Times: Substantial Completion 8/28!08 Net changes form previous Change Orders Net changes form previous Change Orders No 01 to 02 $4 527.86 No._ to _ (calendar days) , None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $208 906 58 (calendar days ordate) , . 8/28/2008 Net Increase (detreeae) of this Change Order: Net Increase (decrease) of this Change Order: $608.00 (calendar days ordate) None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $209,514.58 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONST N AGE ACCEPTED: (CONT CTOR) Petra Inc. By: Thoma C lip ~ AA Tropics i . g By: Rick Stanley 4 Date: y ~ d8 Date: 9ayo8 APPROVED: (CITY PURC S G COUNCIL APPROVAL t ~ / B :Keith Watts Date: !D ~ b ~ y ~b.2~-08 `,,,,,,Il,lll,lr~~, Date: .~~~`~ Of ~/ ~i~i APPROVED: (Cpl - G('f~G ~~(/ \` ~ ~i TTEST: ~ O ~' ~ Tt~` '~ By: Mayor Tammy de eerd By: City Clerk, Jaycee Holn~n Date: ~/ ~ V Date: ~/ SEAL ' c/ ~'Oll; 7 ~ '-,,90,9 T ts~ • ~ .ZO ``:~ '''rrrrr~l 1111,„~~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: AATRONICS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per CO#2- Intercom Station @ Purchasing Office ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed addt'I intercom system Attachments: Change order items description, dated 7/18/08, with contractor quotes 8< PCO's CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $204,378.72 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders ~ Net changes form previous Change Orders 'No 01 to 02 No._ to _ (calendar days) $4,527.86 None ' Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $208, 906.58 8/2s/2oo8 Net Increase (deereaPSe) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) .$608..00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $209,514.58 Substantial Completion 8128/2008 RECOMMENDED: (CONST N AGE ACCEPTED: (CONY CTOR) Petra Inc. AA Tropics i! By: Thoma . C g lip ' By: Rick Stanley i Date: ~ Zb~ 68 Date: ~~~ 0 APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts ' Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de~Weerd By: City Clerk, Jaycee Holman Date: Date: /~~ CHANGE ORDER p~~ ° ~ ~ ~ ~ ~ d 0000 ----___ _ _ _ _ ----- : _ _ __ _ D 323-4500 OCT 0 2 2008 BOISE, IDAHO /~,, n ^ RCE-175 _ -..~ TM Rv y, /~(K 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Intercom Station- Phase III DATE: 7/21/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Debbie Knippert CONTRACT NO: 37 AATronics 10 N Liberty St. Boise, ID 83704 Phone: 208-343-0900 Fax:208-344-9087 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 Intercom Station @ Purchasing Office. Provide & install one additional room 1.000 LS $608.00 0.00% $0.00 $608.00 intercom station for the two communication system located in the purchasing as directed by the Construction Manager. AATronics quote 6/30/08 Unit Cost: $608.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: X0.00 Total: $608.00 The Original Contract Sum was ................................................................................................. $204,378.72 Net Change by Previously Authorized Requests and Changes .......:.............:.......................... $4,527.86 The Contract Sum Prior to This Change Order was ...................................................... $208,906.58 The Contract Sum Will be Increased ...:............................................................................... $608.00 The New Contract Sum Including This Change Order ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $209,514.58 ... The Contract Time Will Not Be Changed ...... .......................................... ............................ The Date of Substantial Completion as of this Change Order Therefore is ............................. ACCEPTED: AATronics Petra Incorporated By: ~ sy: 6~0~ dL ~h~c Tom Coughli Date. ~ ~ Dade: 'fig ~ ~~ 'A Expedition LCA Archi ects, PA By: Steve Christensen Date: Wig" B~Qj • MERIDIAN CITY HALL PROJECT NO: CH-06-001 AATRONIC, INC -Phase 3 (37) CHANGE ORDER NO 2 07/18/08 CHANGE ORDER ITEMS -- -- Intercom Station @ Purchasing Office 608.00 Provide ~& install one additional room intercom station for the two communication system located in the purchaseing as directed by the Construction Mgr. Aatronics quote 6/30/08 608.00 • October 24, 2008 CJ MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ~ ITEM No. 6-~-16 REQUEST Sunshine Landscape Budgeted Contract Amendment No. 2 for $665.00 Owner Requested Change 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 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materidls presented at public meetings shall become property of the City of Meridian. ~ to-2g o~ T~Y1 CD - B ' I LD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CONTRACTOR: Sunshine Landscape PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 9/1:0/08 EFFECTIVE BATE: The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions perASl's 89R, 111, 112, 124, 125 8 RFP#01 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's 8 RFP Change order items description, dated 8/28/08, with contractor quotes CHANGE IN CONTRACT PRICE: Original Contract Price $199,678.75 Net changes form previous Change Orders No. 0 to 0 $~. 0() Price Prior to this Change Order: $199,678.75 Net Increase (decrease) of this Change Order: ~() ~t Price with all Approved Change Orders: '.$200,343.75 RECOMMENDED: (CONSTRUCTION p :Petra Inc. By: Thomas R. Coughlin Date: /0 ~ O$ APPROVED: (CITY PU C I~ A B :Keith Watts ~'" y Date: ~0~?0 /S (CITY) - By: Mayor Tammy de Weerd Date: II~-y_ CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders No:_ to _ (calendar days) None Contract Times prior to this Change Order: (calendar days or date) Net Increase (decrease) of this Change Order: (calendar days or date) None Contract Times with all Approved Change Orders: (calendar days) Substantial Completion 8/28/2008 ',ACCEPTED: (CONTRACTOR) Sunshine Landscape By: Levi Baired~-~vt~l.~ Date: 9/301D 8 COUNCIL APPROVAL ATTEST: ~~..~.~ c By: City Clerk, Date: , , \\\~,,;~,.~~~..,; J ~~_Z~s ,. - off, ~ _d~~r,. ti s~~~ Jaycee Holmab .~ ~~ - c7~ % 9 ~r s~ •' .~ ~i~ `~Ii~I F , ~ /','/ / / / / 1.11111 1 ~ 111` 1' 1 \ \\\ • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 01 PROJECT NO. CH-06-001 DATE: 9/1'0/08 EFFECTIVE DATE: CONTRACTOR: Sunshine Landscape PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 89R, 11'1, 112, 124, 125 8 RFP#Ot ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. .Reason for Change Order: Additional scope or revisions per listed ASI's &RFP Attachments: Change order items description, dated 8/28/08, with contractor quotes CHANGE IN CONTRACT PRIDE: CHANGE IN CONTRACT TIMES: 'Original Contract Price $199,678.75 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) :$199,678.75 s/28/loos 'Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $665.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $200,343.75 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION AGER) ACCEPTED: (CONTRACTOR) Petra Inc. Sunshine Landscape By: Thomas R. Coughlin By: Levi ~L~l~ Date: ~~ ~ ®~ Date: 3o a 8 APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: O ~ ~ CHANGE ORDER p~~~~ No. 00001. 32.3-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI &RFP Pricing- Phase IV ~ (M11 ~ ~ (Ifl f~ O V' LJ 15 DATE: 8/28/2008 PROJECT: Meridian City Hall JOB: 060675 TO: Attn: Levi Baired OCT 0 3 2008 CONTRACT NO: 40 Sunshine Landscape , mail: PO Box 724 By ~~__~_ phys: 850 E. Franklin Dr. Meridian, ID 83680 Phone: 208-884-8036 Fax:208-898-9711 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 RFP#Ol Phase 4 Revised Drawings. Revise larndscape and irrigation per 2/22/08 1.000 LS ($6,187.00) 0.00% $0.00 ($6,187.00) plans. Sunshine quote 5/26/08 ' 00002 ASI#89R South Parking Lot Revisions (COR#O1)- Revise landscape & irrigation 1.000 LS $7,533.00 0.00% $0.00 $7,533.00 quantities for revision at'south parking lot. Sunshine quote 5/26/08 00003 ASI#111 Exit Stairs & Walk (COR#02) 1.000 LS $0.00 0.00% $0.00 $0.00 00004 ASI#112 Plaza Civil - ACHD Comments (COR#03) 1.000 LS $0.00 0.00% $0.00 $0.00 00005 ASI#124 Motorcycle Parking (COR#04)- Delete landscaping at motorcycle 1.000 LS ($239.00) 0.00% $0.00 ($239.00) parking. Sunshine quote 8/28/08 00006 ASI#125 Relocate Plaza Clock (COR#05)- Revise landscape at modified clock 1.000 LS ($442.00) 0.00% $0.00 ($442.00) area. Delete trees. Sunshine quote 8/28/08 . Unit Cost: $665.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $665.00 The Original Contract Sum was ................................................................................................. $199,678.75 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $199,678.75 The Contract Sum Will be Increased ................................................................................... $665.00 The New Contract Sum Including This Change Order ...................................................... $200,343.75 The Contract Time Will Not Be Changed .................................................... .......................... The Date of Substantial Completion as of this Change Orde~herefore is ............................. ACCEPTED: Sunshin La d By: L vi `1~t-c~tl~ Date: ~~,~ F~pedition ® ~ Petra Inco By: - ~ To ughlir-,~" Date: ~~ ~ ~'~ Q LCA Arc itects, P By: c Steve Christensen Date: ~ (q ~ ~ MERIDIAN CITY HALL . • PROJECT NO: CH=06-001 SUNSHINE LANDSCAPING -Phase 4 (40) 08/28/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 RFP 01 Phase 4 Revised Drawings (6,187.00) Revise landscape and irrigation per 2/22/08 plans. Sunshine quote 5/26/08 2 ASI 89R South parking Lot Revisions (COR#01) 7,533.00 Revise landscape & irrigation quanties for .revision at south parking lot. Sunshine quote 5/26/08 ASI 111 Exit Stairs & Walk (COR#02) 0.00 ASI 112 Plaza Civil -ACRD Comments (COR#03) 0.00 ASI 124 Motorcycle Parking (COR#04) {239.00) Delete landscaping at motorcycle parking Sunshine quote 8/28/08 ASI 125 Relocate Plaza Clock (COR#05) (442.00) Revise landscape at modified clock area. Delete trees. Sunshine quote 8/28/08 665.00 Page 1 of 1 • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-8-17 REQUEST Commercial Painting Contractors Budgeted Contract Amendment No. 5 for $2,025.00 Owner Requested Change 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: 1DAH0 POWER: US WEST: LNTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See a#tached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sfiall become property of the City of Meridian. • CC 2~-OB' S~t U-8-11 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. OS PROJECT NO. CH-06-001 DATE: 9/2/08 EFFECTIVE DATE: CONTRACTOR:. COMMERCIAL PAINTING CONTRACTORS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 115, 110R, 126, 128 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's Attachments: Change order items description, dated 8/22/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $151,275.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 04 No.` to _ (calendar days) $25, 938.00 None Contract Price Prior to this Change Order. Contrail Times prior to this Change Order: (calendar days ordate) $177,213.00 8/28/2008 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order: (calendar days or date) $2,025.00 None Contrail Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $179,238.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GE Petra Inc. ACCEPTED: (CONTRALTO Commercial Paintin Con acto By: Thomas R. Cough in By: Keith Martin Date: G~ ~ Q•Q VV Date: G~/,~ d$ APPROVED: (CITY Pu CH I G COUNCIL APPROVAL By: Keith Watt /~/~ ~ Date: ~ ~ Or~Q _ ~~``,``~u~uu~~~r~~~i ~ D o t I [ /v ~ ~ ~ ~~"-ri/O ~ a e: . APPROVED: (C~ `/2~~~~ ..~~ .Gr~ ATTEST: T~ ~_ O By: Mayor Tammy de We D t By: City Clerk, cee Holrsian r SE~L a e: Date: -~ ~ 1 ~% '90 SST 1S'~ • Q,.r~`~: ~~ ~~~ ~UNT`~ `~ 1~~~~rrrrrn• •, .. •. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 05 PROJECT NO. CH-06-001 DATE: 9/2/08 €FFECTIVE DATE: CONTRACTOR:. COMMERCIAL PAINTING CONTRACTORS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 115, 110R, 126; 128 AlL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's Attachments: Change order items description, dated 8/22/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $151,275.00 .Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 04 No. to _ (calendar days) $25, 938.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $177,213.00 8/28/2008 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $2, 025.00 None .Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $179,238.00- (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GE ACCEPTED: (CONTRALTO .Petra Inc. Commercial Paintin Con acto By: Thomas R. Cough in By: Keith Martin Date: G~ ~ ~•~ Date: ~~4, ~$ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: . Date: CHANGE ORDER ~~~~,~ ~ ~ (~ ~ ~ [~ [~ No. 00005 323-4500 _ -- SEP o-~ 2aos ; ; v BOISE, IDAHO RCE-1875 ~,,~ BV ,~/ n~ h ~ ~ 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI Pricing- Phase III DATE: 8/25/2008 PROJECT: Meridian City Mall 706: 060675 TO: Attn: Keith Martin. CONTRACT NO• 28 • Commercial Painting Contractors, Inc P.O. Box 1115 phys: 16531 Plum Rd. Caldwell, 83607 Caldwell, Idaho 83606 Phone:208-453-1898 Fax: 208-455-7537 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#115 wall Finish @ Rm 115 (COR#23)- Commercial Paint quote 7/25/08 1.000 LS $0.00 0.00% $0.00 $0.00 00002 ASI#110R Exhaust Fan EF-2 @ Penthouse (COR#24)- Add paint finish on new~000 LS $375.00 0.00% $0.00 $375.00 exterior ductwork & supports. Commercial Paint quote 7/25/08 00003 ASI#126 Dishwasher Relocation Rm 340 (COR#25)- Touch up paint at cabinet 1.000 LS $75.00 0.00% $0.00 $75.00 revisions Rms 145 & 340. Commercial Paint quote 8/12/08 C. 00004 ASI#128 & 128R Interior Paint Scheme Revisions @ 3rd Floor. Revise paint 1.000 LS $1,575.00 0.00% $0.00 $1 575.00 color at 3rd Floor lobby per ASI & LCA. Commercial Paint quote 8/21/08 ~.~}j~- , Unit Cost: $2,025.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: X0.00 Total: $2,025.00 The Original Contract Sum was ................................................................................................. $151,275.00 Net Change by Previously Authorized Requests and Changes ................................................ $25,938.00 The Contract Sum Prior to This Change Order was ...................................................... $177,213.00 The Contract Sum Will be Increased ................................................................................... $2,025.00 The New Contract Sum Including This Change Order ...................................................... $179,238.00 The Contract T', a Will Not Be Changed ................................................................................. The Date of bstantial Completion as of this Change Order therefore is _ .............................. Commercy/~~~~c`tars, Inc Petra Incorporated/~ LCA Ar ~itects, By' (// BY~ By: _ ~~ Keith Martin om oughlin Steve Christensen Date: ~ ~ ®~ Date: ~ ~~ Date: ~s) 2-`C o~ Expedition MERIDIAN CITY HALL . • PROJECT NO: CH-06-001 COMMERCIAL PAINTING CONTRACTORS -Phase 3 (28) 08/22/08 CHANGE ORDER NO 5 CHANGE ORDER ITEMS 1 ASI 115 Wall Finish @ Rm 115 (COR#23) 0.00 Com Paint quote 7/25/08 2 ASI 110R Exh Fan EF-2 @ Penthouse (COR#24) 375.00 Add paint finish on new exterior ductwork & supports. Com Paint quote 7/25/08 3 ASI 126 Dishwasher Relocation Rm 340 (COR#25) 75.00 Touchup paint at cabinet revisions Rms 145 & 340 Com Paint quote 8/12/08 4 ASI 128 & Interior Paint Scheme Revisions @ 3rd Floor 1,575.00 128R Revise paint color, at 3rd floor lobby per ASI & LCA Com Paint quotes 8/21 2,025.00 Page 1 of 1 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 04 PROJECT NO. CH-06-001 DATE: 8/11 /08 EFFECTIVE DATE: CONTRACTOR: COMMERCIAL PAINTING CONTRACTORS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 107, RFI's 142 li< 166 8 Rooftop AWU's (COR#21) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's, RFI's 8 Rooftop proposal Attachments: Change order items description, dated 7/16/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $151,275.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 03 No._ to _ (calendar days) .$23,158.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) .$174,433.00 8/28/2008 Net Increase O of this Change Order: Net Increase (decrease) of this Change Order: . (calendar days or date) .$2,780.00 None Cortract Price with aII Approved Change Orders: Contract Times with aII Approved Change Orders: (calendar days) .$1'77,21'3.00 Substantial Completion 8/28/2008 .RECOMMENDED: (CONSTRUCTION MA ~~ R) ACCEPTED: (CONTRACT ) Petra Inc. ~ Commercial Painti g C rac s By: Thomas R. Coughlin ~~ By: Keith Martin Date: ~, ~~ ~~ Date: t APPROVED: (CITY PURL ASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: p D ~ CHANGE ORDER p~~~~ No. 00004 323-4500 BOISE, IDAHO GENERAL CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI &RFI Pricing- Phase III PR07ECT: Meridian City Hall TO: Attn: Keith Martin Commercial Painting Contractors, Inc P.O. Box .1115 phys: 16531 Plum Rd. Caldwell, 83607 Caldwell, Idaho 83606 Phone:208-453-1898 Fax:208-455-7537 RE: To: DESCRIPTION OF CHANGE *All taxes are included in costs** DATE: 7/21/2008 70B: 060675 From: .Item Description 00001 ASI#107 Wall Relocation Rms 244 & 245 (COR#19)- Paint new wall, approx 280 SF, plus patch & refinish intersecting walls at old and new locations, approx 160 SF. Commercial Paint quote 6/6/08 000.02 RFI#142 Soffits, @ lobby 111 & 316 (COR#20)- Commercial Paint quote 6/10/08 00003 Rooftop AMU's (COR#21)- Paint exposed sides of the two rooftop AMU's South unit S,W, & E sides, North unit N, W & E sides. Paint to include prep work as needed. Commercial Paint quote 5/29/08 00004 RFI#166 Bike Storage Rm #009 (COR#22)- Add paint finish to exposed structure in Bike Storage #009. Commercial Paint quote 6/30/08 Tax Quantity Units Unit Price Rate 1.000 LS $520.00 0.00% 1.000 LS $0.00 0.00% 1.000 LS $1,925.00 0.00% 1.000 LS $335.00 0.00% Tax Net Amount Amount $0.00 $520.00 $0.00 $0.00 $0.00 $1,925.00 $0.00 $335.00 Unit Cost: $2,780.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _ $0 00 Total: $2,780.00 The Original Contract Sum was ......................................................... Net Change by Previously Authorized Requests and Chan es ........................................ $151,275.00 2 g ........ The Contract Sum Prior to This Change Order was ........................................ $ 3,158.00 .............. The Contract Sum Will be Increased ........................................ $174,433.00 ........................................... The New Contract Sum Including This Change Order ........................................ $2,780.00 .............. The Contract Time Will Not Be Changed ......................................... ........................................ ........ $177,213.00 The Date of Substantial Completion as of this Change Order Theref ....... ::.................... ~e is ~ .................... ACCEPTED Commercial By: .. ~ Inc Petra Incorporated By: Keith Martin Tom Coughlin Date: "Bg ~'~t~/~' Date: ~ ~ ,T~ Ecpedition LCA A •chitects, By: Steve Christensen Date: 7/26' ~ 8 d~ Number: MERIDIAN CITY HALL PROJECT NO: CH-06-001 - COMMERCIAL PAINTING CONTRACTORS -Phase 3 (28) 07/16/08 CHANGE ORDER NO 4 CHANGE ORDER ITEMS 1 ASI 107 Wall Relocation Rms 244 & 245 (COR#19) 520.00 Paint new wall, approx 280 SF, plus patch & refinish intersecting walls at old and new locations, approx 1'60 SF Com Paint quote 6/6/08 2 RFI 142 Soffits @lobby 111 & 318 (COR#20) 0.00 Com Paint quote 6/10/08 3 Rooftop AHU's (COR#21) 1,925.00 - Paint exposed, sides of the two rooftop AHU's South unit S,W & E sides, North unit N, W & E sides Paint to include prep work as needed. Com Paint quote 5/29/08. 4 RFI 1.66 Bike Storage Rm #009 (COR#22) 335.00 Add paint finish to exposed structure in Bike Storage #009. Com Paint quote 6/30/08 2, 780.00 Page 1 of 1 L J C~ October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT PUfChaSing Department ITEM NO. 6-8-~8 REQUEST Simplex Grinnell Budgeted Contract Amendment No. 4 for $3,735.00 Owner Cha 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 OTHER: 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 BUDGETED CONTRACT AMENDMENT CONTRACTOR: SIMPLEX GRINNELL .PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#135- Relocate Shaphire Fire Suppression Tank OTHER TERMS AND CONDITIONS REMAIN THE SAME. .on for Budgeted .Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 9/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Driglnal Contract Price $412,879.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Ame d No. 01 to 03 $24, 553.52 n ment: No._ to _ (calendar days) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: $437,432.52 (calendar days or date) 8/28/2008 Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: $3, 735.00 (calendar days or date) None Contract Price with all Approved Budgeted Contract A Contract Times with all Approved Budgeted Contr t mendment: ac Amendment: $441 167.52 (calendar days) , Substantial Completion 8/28 008 RECOMMENDED: (CONSTRl1CTtON ' ACCEPTED: (CONTRALTO Petra Inc. .Simplex Grinnell By: Thomas R. Co ghlin By: Brad eettencourt _ 'Date: ~~ j/ Q a V Date: 1~ ~a /y . 1~ .., APPROVED: (cITY~ A G GE By: Keith Watts Date: / ~/~ ~/ By: Mayor Timmy de Weerd Date: 11 .-U ~/10- COUNCIL APPROVAL ~';~~ / ~ .~~` l D -~8 '~~ Date: City Clerk, Jayce~i~Ofer~ ~T 13~ CC. -~~-~ 0 ~e `~ to-'~- 94~ BUDGETED CONTRACT AMENDMENT N0.04 PROJECT NO. CH-06-001 DATE: 10/7/08 EFFECTIVE DATE: /fllltll Q' • • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT NO. 04 PROJECT NO. CH-06-001 DATE: 10/7/08 EFFECTIVE DATE: CONTRACTOR: SIMPLEX GRINNELL 'PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI#1.35- Relocate Shaphire Fire Suppression Tank ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI Attachments: Change Items description, dated 9123/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $412,879.00 Original Contract Times: Substantial Completion 8/28/08 '.Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 01 to 03 No._ to _ (calendar days) .$24,553.52 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $437,432.52 8/28/2008 Net Increase () of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) $3,735.00 None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $441,167.52 Substantial Completion 8/28 008 RECOMMENDED: (CONSTRUCTION ACCEPTED: (CONTRALTO Petra Inc. Simplex Grinnell By: Thomas R. Co ghlin By: Brad Bettencourt Date: G~ ~~ 6~ Date: ~O ~~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts bate: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Vl/eerd By: City Clerk, Jaycee Holman Date: Date: • ~ CHANGE ORDER l~~~od~~ .00004 323 4500 ~~ uu OCT 19 2008 BOISE, IDAHO •1• 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI#135- Relocate Suppression Tank DATE: 9/23/2008 PROJECT: Meridian City Hall 70B: 060675 TO: Attn: Brad Bettencourt CONTRACT NO: 31 Simplex Grinnell LP 12443 West Executive Drive Boise, ID 83713 Phone:208-376-211.1 Fax: 208-376-2192 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 ASI#135 Relocate Shaphire Fire Suppression Tank- per owner request relocate 1.000 LS $3,735.00 0.00% $0.00 $3,735.00 the fire suppression tank from its location in Rm 309 to a location inside the server room 311. Unit Cost: $3,735.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $3,735.00 The Original Contract Sum was ................................................................................................. $412,879.00 Net Change by Previously Authorized Requests and Changes ................................................ $24,553.52 The Contract Sum Prior to This Change Order was ...................................................... $437,432.52 The Contract Sum Will be Increased ....................................:.............................................. $3,735.00 The New Contract Sum Including This Change Order ............................ ....................... $441,167.52 The Contract Time Wil a Changed ....................................................j.f ........................ The Date of ti C mpletion as of this Change Order Ther,~fore is ,1.~ ........................ Simple ~~f ~V Petra Incorporated ~ LCA Ar ~itects, By: BY~ BY~ ad urt To Cou lin Steve Christensen Date: /O ~ ~ Date: ~~ 5~ G Date: tip 6 -~la~ ., Expedition • • MERIDIAN CITY HALL PROJECT NO: CH-06-001 SIMPLEX GRINNELL -Phase 3 (31) CHANGE ORDER NO 4 09/23/08 CHANGE ORDER ITEMS ASI 8~ RFI Changes ' 1 ASI 135 Relocate Shaphire Fire Suppression Tank 3,735.00 Per Owner,request relocate the fire suppresion tank from its location in RM 309 to a location inside the server room 311 3,735.00 Page 1 of 1 • • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28,•2008 APPLICANT Purchasing .Department ITEM NO. 6-8-19 REQUEST MR Miller Budgeted Contract Amendment No. 1 for $23,015.00 Owner Requested Change 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 a#~ached Contacted: Date: Phone: Emailed: Start Initials: Materidls presented at public meetings shah become property of the City of•Meridian. r CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CC Ib- ~a~~ a~-o8 ~-B, ~9 CHANGE ORDER NO. 01 PROJECT NO. CH-0s-001 DATE: 8/11108 EFFECTIVE DATE: CONTRACTOR: MR Miller, Inc. PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI 88, RFI#110, & Drain Valves for Pools & Stream Feature ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI, RFI, 8 Drain Valves Attachments: Change order Items description, dated 7/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $216,775.00 Original Contract Times: Substantial Completion 8/28!08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $216, 775.00 ~ 8!28/2008 Net Increase (dCt~as~) of this Change Order. Net Increase (decrease) of this Change Order: (calendar days or date} $23,015.00 None Contract Price with all Approved Change Orders: Contrail Times with all Approved Change Orders: (calendar days) $239,790.00 ubstantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ACCEPTED: (CONTRALTO Petra Inc. MR Miller Inc. By: Thomas R. Coughlin , By: Michael R. Miller Date: 8 ~ ~~ Date: ~ t O~' APPROVED: (CnY PU~ SI GENT) / / COUNCIL APPROVAL ' B K ith W / ^/ ~A ~'~ ~~~~`. ~~ M~T~Q y: e atts / Date: / j~ / alb ~ j9 ~ ~, ~,r ~ ti ~~ D t ~ R ~ ~ ~ O // c/ ,~ ~ % a e: : APPROVED: (CITY) - ATTEST: L By: Mayor Tammy de Weerd Date: _ ~,1 By: City Clerk, Jaycee h7ylma 7 Date: ~~, ~~ ` J ,, -,r ~. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 01 PROJECT NO. CH=06-001 DATE: 8/11 /08 EFFECTIVE -DATE: CONTRACTOR: MR Miller, Inc. .PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revision"s per ASI 88, RFI#110, 8 Drain Valves for Pools 8 Stream Feature ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI, RFI, 8 Drain Valves Attachments: Change order items description, dated 7/23/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $216.,775..00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 0 ' No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $216, 775.00 8/28/2008 Net Increase (c#e) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) '.$23,015.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $239,790.00 ubstantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MAtJA ACCEPTED: (CONTRALTO Petra Inc. ~ MR Miller, Inc. ; ;-' .~-~' G rr, By: Thomas R. Coughlin ~ , By: Michael R. Miller Date: ~ ~ $~ Date: S ( O$ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd - By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER ~~~~~ No. 00001 32.3-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI & RFI Pricing- Phase IV PROJECT: Meridian City Hall TO: Attn: Michael R. Miller MR Miller, Inc. ' P.O. Box 5423 2661 Federal Way Boise, ID 83705 Phone:208-344-1387 Fax:208-344-3329 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** DATE: 7/23/2008 70B: 060675 CONTRACT NOt 49 From: Number: Item Description 00001 ASI#88 Modification to Water Feature Equipment (COR#Ol)- Revise water feature equipment and layout per ASI#88 & Bulletin #22 from Petra Inc., dated 4/30/08. MR Miller quote dated 5/19/08 00002 Drain Valves for Pools & Stream Feature (COR#02)- Add 6" gate valves to the existing 6" drain lines. Valve box to be 30" CMP with grade rings and.24" diameter cast iron Flush mount lid in the pavers or sidewalk as directed by the CM. MR Miller quote 7/9/08 00003 RFI#110 Return Line Layout & Flow Rates Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $16,910.00 0.00% $0.00 $16,910.00 1.000 LS $6,105.00 0.00% $0.00 $6,105.00 1.000 LS $0.00 0.00% $0.00 ~ $0.00 AUG 2 p, 2008 IU -~- Unit Cost: $23,015.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _ $0.00 Total: $23,015.00 The Original Contract Sum was ................................................................................................. $216,775.00 Net Change by Previously Authorized Requests and Changes ................................................ $0.00 The Contract Sum Prior to This Change Order was ...................................................... $216,775.00 The Contract Sum Will be Increased ................................................................................... $23,015.00 The New Contract Sum Including This Change Order ...................................................... $239,790.00 the Contract Time Will .Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is ............................... ACCEPTED: MR Miller~~i By f/i Petra Incorporated sy: ~ ACA Arc 'tects, P lay: ~ Michael `Miller G~ Tom Coughlir~ Steve Christensen Date: ~rrw8 -~ Date: 718 ~ ~~ Date: 7/2 ~ 8 ~~ `i Expedition MERIDIAN CITY HALL PROJECT NO: CH-06-001 MR MILLER, INC -Phase 4 07/23/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 ASI 88 Modification to Water Feature Equipment (COR#01) 16,910.00 Revise water feature equipment and layout per ASI-88 & Bulletin #22 from Petra Inc, dated 4/30/08. MR Miller quote dated 5/19/08 2 -- Drain Valves for Pools & Stream Feature (COR#2) 6,105.00 Add 6"gate valves to the existing 6" drain lines Valve box to be 30" CMP with grade rings and 24" diameter cast iron flush mount lid in the pavers or sidewalk as directed by the CM. MR Miller quote 7/9/08 3 RFI 110 Return Line Layout & Flow Rates 0.00 23,.015.00 Page 1 of 1 ~J October 24, 2008 • MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. ~ 6-B-20 REQUEST MR Miller Budgeted Contract Amendment No. 2 for ($7,250.00 Decrease Credit for Water Feature Modifications, 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 aMgched Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. cc io-28-0 ~ ~e~ ~ ~ . CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT C BUDGETED CONTRACT AMENDMENT N0.02 PROJECT NO. CH-06-001 DATE: 10/7/08 EFFECTIVE DATE: CONTRACTOR: MR MILLER, INC. PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza 8 Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per RFI#207 8 Credit ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed RFI 8 Credit Attachments: Change Items description, dated 9/29/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $218,775.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 00 to 01 No._ to _ (calendar days) $23,015.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $239, 790.00 8/28/2008 Net lACreaee (decrease) of this Budgeted Contract Amendment: Net Increase .(decrease) of this Budgeted Contract Amendment: (calendar days or date) ($7,250.00) None Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: calendar days) $232,540.00 .Substantial Completion 8/2812 RECOMMENDED: (CONSTRUCTION ER CEPTED: (CONTRACTOR :Petra Inc. 'MR Miller, Inc. By: Thomas R. Cou lin By: Michael R. Miller Date: ~~ ~.1 O Date: 1O f APPROVED: (C PUg GPGE Jyh COUNCIL APPROVAL ~~~~rin~~~rrr ~~ ~ (//'~/ ~ ````` `~',, \`~~ ~ M~D By: Keith Watts Date: ~~/ /~ `\`` 'q~''i, y OHO T ~~ ~ U - ~ ~ cJV O Date: ~ FO APPROVED: (CI ATTEST: ~ - T L By: Mayor Tammy de Weerd ~ w -_ .~ r7 = By: City Clerk, Ja a Holman '~ O ~ ~ Date: ~ ~ ~ '" `~ Date: ~T S~ , \o~2J~ c CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT NO.02 PROJECT NO. CH-06-001 .DATE: 10/7/08 EFFECTIVE DATE: CONTRACTOR: MR MILLER, INC. PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per RFI#207 8 Credit ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. .Reason for Budgeted Contract Amendment: Additional scope or revisions per listed RFI 8 Credit Attachments: Change Items description, dated 9/29/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $216,775.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 00 to 01 No._ to _ (calendar days) $23, 015.00 None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $239,790.00 8/2s/2oo8 Net kascease (decrease) of this Budgeted Contrast Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) ($7,250.00) None Contract Price with al(Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: calendar days) $232,540.00 Substantial Completion 8/28/2 - RECOMMENDED: (CONSTRUCTION ER CEPTED: (CONTRACTOR) ~\ Petra Inc. MR Miller, Inc. - - - - By: Thomas R. Cou lin $y: Michael R. Miller Date: ~~ ~~ ®~ ~ Date: ~q l~ !~ APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts bate: Date: APPROVED: {Cnl~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: CHANGE ORDER TITLE: RFI#207- Phase IV DATE: 9/29/2008 PROJECT: Meridian City Hall )OB: 060675 TO: Attn: Michael R. Miller CONTRACT NO: 49 MR Miller, Inc. P.O. Box 5423 2661 Federal Way Boise, ID 83705 Phone:208-344-1387 Fax:208-344-3329 RE: To: From: Number: DESCRIPTION OF CHANGE **All taxes are included in costs** Tax Tax Net Item Description Quantity Units Unit Price Rate Amount Amount 00001 RFI#207 Delete copper liner in main canal feature channel and replace with 1.000 LS ($4,850.00) 0.00% $0.00 ($4,850.00) tamoseal liner. Delete 336 SF of copper & add Tamoseal liner, difference @ $14.14/SF. MR Miller quote 8/15/08 00002 Credit for excavation and backfill of footings for the entry pools and canal 1.000 LS ($2,400,00) 0.00% $0.00 ($2,400.00) feature done by Terra-West. Terra-West work order WO-12, dated 7/1/08 Unit Cost: ($7,250.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: _ $0 00 Total: ($7,250.00) The Original Contract Sum was ................................................................................................. $216,775.00 Net Change by Previously Authorized Requests and Changes ................................................ $23,015.00 The Contract Sum Prior to This Change Order was ...................................................... $239,790.00 The Contract Sum Will be Decreased ................................................................................... ($7,250.00) The New Contract Sum Including This Change Order ...................................................... $232,540.00 The Contract Time Will Not Be Changed ................................................... ............................ The Date of Substantial Completion as of this Change Order Therefore is~,~ ............................. ACCEPTED.: ~`-'~'~ MR ~lef;"Inc. ,_~~ P tra lncorpora LCA Arch'tects, G~ Michael R. MTV v Tom Co g)~n t Steve Christensen Date: ~ ~ I1~~®;~ Date: ~~~~ ~~. ~ Date: t~ ~~ l ~~ Expedition ® d 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 MERIDIAN CITY HALL • • PROJECT NO: CH-06-001 MR MILLER, INC -Phase 4 (49) 09/29/08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 RFI 207 Delete copper liner in main canal feature channel and (4,850.00) replace wih tamoseal liner. Delete 336 SF of copper & add Tamoseal liner, difference @ $14.14/SF MR Miller quote 8/15/08 2 --- -- Credit for excavation and backfill of footings for the (2,400.00} entry pools and canal feature done by Terra-West. Terra-West work order WO-12, dated 7/1/08 (7,250.00) Page 1 of 1 • October 24, 2008 • MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Purchasing Department ITEM NO. 6-B°21 REQUEST KB Fabrication Budgeted Contract Amendment No. 1 for $44,764.00 decrease Credit for Trellis Modifications AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING D-RECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL. DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: COMMENTS See attached SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone:. Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. y, 1n-\ V' CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT Cc F1e 2$-08 ~.~Y ~P BUDGETED CONTRACT AMENDMENT N0.01 PROJECT NO. CH-06-001 DATE: 10/7/08 EFFECTIVE DATE: CONTRACTOR: KB FABRICATION 8r WELDING PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 101, 111, 112, 133, RFP#1, 8 RFI#146 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's, RFP, 8 RFI Attachments: Change. Items description, dated 9/24/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $130,450.00 Original Contrail Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 0 to 00 No._ to _ (calendar days) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $1.30,450.00 8/z8/zoos Net Increase (decrease) of this Budgeted Contrail Amendment: Net Increase (decrease) of this Budgeted ConVail Amendment: (calendar days or date) $44,764.00 None .Contract Price with all Approved Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (glendar days) $85,686.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION R CEPTED: (CONTRACTOR) ~v ~~ C 8 v Petra Inc. KB Fabrication & Welding By: Thomas R. Co ghlin gy. tJ2 _ A/ Date: ~4 ~~ O~'s C1~~ Date:' ~ ~` G +,~~V/;¢ APPROVED: (cITYPURC s GAGE COUNCILAPPROVA ```~~,,,,~~,,,,,rJr~ ``` `''' By: Keith Watts Date: l6 3~ 6 I /~, Z ~` ,~y ~, ~J Date: TFO APPROVED:. L/~ ,~a'~~ ATTEST: 1 _ ~ A T = By: Mayor Tammy de Wee bate: By: City Clerk, Jaycee Hol'~an ~ 1 " ++ Date: 9 T 18 ~ ' `~- ++ „, ~~ QJ : . ~ • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 BUDGETED CONTRACT AMENDMENT BUDGETED CONTRACT AMENDMENT NO. 01 PROJECT NO. CH-06-001 ,DATE: 10/7/08 EFFECTIVE DATE: i.vrv ~ K/il. l t,K: I~t3 rAt3KICA I IUN Ifc WELDING PROJECT: MERIDIAN CITY HALL -Phase 4 Plaza & Site Improvement The Contractor is hereby directed to make the following chan es from the C t t D g on rac ocuments and Plans. Description: Incorporate, revisions per ASI's 101, 111., 112, 133, RFP#1, &RFI#146 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Budgeted Contract Amendment: Additional scope or revisions per listed ASI's, RFP, 8 RFI Attachments: Change Items description, dated 9/24/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $130,450.Q0 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Budgeted Contract Amendment: Net changes form previous Budgeted Contract Amendment: No. 0 to 00 No._ to _ (calendar days) None Contract Price Prior to this Budgeted Contract Amendment: Contract Times prior to this Budgeted Contract Amendment: (calendar days or date) $130,450.00 8/28/2008 Net Increase (decrease) of this Budgeted Contract Amendment: Net Increase (decrease) of this Budgeted Contract Amendment: (calendar days or date) {$44,764.00) None Contract Price with all Approved .Budgeted Contract Contract Times with all Approved Budgeted Contract Amendment: Amendment: (calendar days) $$5,686.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION M ~ R CEPTED: (CONTRACTOR) w ~~ ~ V ~ Petra Inc. ~ KB Fabrication & Welding By: Thomas R. Co ghlin gy, isL Date: ld /~~ O~S Date~~'~.~ ~ ~ ~/ ~~ % APPROVED: (CITY PURCHASING AGENT) . COUNCIL APPROVA By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: bate: CHANGE ORDER No. 000 r1 " 323-4500 BOISE, IDAHO 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAx: (208) 323-4507 TITLE: ASI, RFP &RFI Pricing PR07ECT: Meridian City Hall TO: Attn: Kim Ashworth KB Fabrication & V1lelding, Inc. 1970 W. Franklin Rd. Meridian, Idaho 83642 Phone: 208 898-9353 Fax:208-898-9357 RE: To: DESCRIPTION OF CHANGE **All taxes are included in costs** DATE: 9/24/2008 70B: 060675 CONTRACT NO: 44 From: Number: Item Description 00001 RFP#1 Revised Plaza Plans- 2/22/08. Reconfigure Steel Trellis per 2/22/08 Plaza plans. KB Welding quote 4/23/08 & 6/5/08 00002 ASI#101 Smoke Stack Door Layout (COR#Ol) 00003 RFI#146 Steel Filler @ Curtainwall (COR#02)- Provide & install tube steel filler piece per RFI#146. Cut RR track for disposal. KB Welding quote 6/11/08 00004 ASI#111 Concrete Stairs & Sidewalk (COR#03)- Provide handrails at concrete stairs added to west dies emergency exits, 2 locations. KB Welding quote 9/10/08 00005 ASI#112 Plaza Civil- ACRD Comments (COR#04) 00006 ASI#133 Sidewalk Plates at West Sidewalk (COR#05)- Voided- Not Required Tax Tax Net Quantity Units .Unit Price Rate Amount Amount 1.000 LS ($48,350.00: 0.00% $0.00 ($48,350.00) 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $636.00 0.00% $0.00 $636.00 1.000 LS $2,950.00 0.00% $0.00 $2,950.00 1.000 LS $0.00 0.00% $0.00 $0.00 1.000 LS $0.00 0.00% $0.00 $0.00 Unit Cost: {$44,764.00) Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup:. $0.00 Total: ($44,764.00) The Original Contract Sum was .................................................... ............................................. $130,450.00 $0.00 Net Change by Previously Authorized Requests and Changes ... ............................................. The Contract Sum Prior to This Change Order was ......... ............................................. $130,450.00 The Contract Sum Will be Decreased ...................................... ............................................. ($44,764.00) The New Contract Sum including This Change Order ......... ............................................. $85,686.00 The Contract Time Will Not Be Changed .................................... .................... ~ ~ •..•.•.....••,.•••..• ~ The Date of Substantial Completion as of this Change Order Tljef ore is f~ ., .•• ef ACCEPTED: ~ '~ KB F br' a din Petra Incorpor ~~ LCA Ar hitec ~y ~ • Tom Cou lin Steve Christensen Dater/,~~0 ~~~`~ _ ~ . .Date: ~'(~ 1 '~ ~ Date: ~o ~ ~ o~ Expedition MERIDIAN CITY HALL PROJECT NO: CH-06-001 KB WELDING (44) 09/24/08 CHANGE ORDER NO 1 CHANGE ORDER ITEMS 1 RFP 1 Revised Plaza Plans - 2/22/08 (48,350.00) Recongiure Steel Trellis per 2/22/08 Plaza plans. KB Welding quote 4/23/08 & 6/5/08 2 ASI 101 Smoke Stack Door Layout (COR#01) 0.00 3 RFI . 146 Steel Filler @ Curtainwall (COR#02) 636.00 Provide & install tube steel filler piece per RFI 146. Cut RR track for disposal. RFI 146. KB Welding quote 6/11/08 4 ASI 111 Concrete Stairs & Sidewalk (COR#03) 2,950.00 Provide handrails at concrete stairs added to west side emergency exits, 2 locations KB Welding quote 9/10/08 5 ASI 1 b2 Plaza Civil -ACRD Comments (COR#04) 0.00 6 ASI 133 Sidewalk Plates at West Sidewalk (COR#05) Not Reqd Void -Not Required. (44,764.00} Page 1 of 1 • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 • APPLICANT ITEM NO. REQUEST Public Hearing -- Foundations Academy / St. Ambrose Christian High School Bond Approval 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: IvIERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: ~Q Phone: ~-lDy~3 Emailed: ~ .In~'~tials: Materials presented at public meetings shall become ropert~y of the City of Meridian. ~~ M S~ -~ L 1CL~~d • Page 1 of 4 Tara Green From: Bill Nary Sent: Thursday, October 09, 2008 11:58 AM To: Jaycee Holman; Tara Green Subject: RE: Bond issue I don't'know if the is a timing issue for them.. It has to be on the agenda as a public hearing. Bill Nary City flttorney/HR Director 703 Main St. Meridian, ID 83642 Ph.#'s Legal - 208.898.5506 HR - 208.898.5503 .Fax - 208..8.84.8723 Cell - 208.440.3881 From: Jaycee Holman Sent: Thursday, October 09, 2008 11:18 AM To: Tara Green Cc: Bill Nary Subject: FW: Bond issue Is this okay to go on the 1.0/14 Agenda and he would like a call or a-mail if he is required to be present. I told him I was not sure if it would go on Consent or regular agenda. He refers to having it on 10/21 agenda which is a workshop. From: David Goodwin [mailto:dgoodwin@foundationsacademy.org] Sent: Wed 10/8/2008 9:44 AM To: Jaycee Holman Subject: FW: Bond issue From: David Goodwin [mailto:dgoodwin@foundationsacademy.org] Sent: Thursday, October 02, 200812:54 PM To: 'bnary@meridiancity.org' Cc: 'Michael J. Melliere' Subject: FVV: Bond issue Hello, I contacted JC Holman who needed more information on our request to be added to the October 21St city counsel meeting. Here's some additional information. 'Thank you for your help. Please contact myself or the bond attorney below if you have further questions. Mr. David Goodwin 10/27/2008 . • Page 2 of 4 Headmaster Foundations Academy/ St. Ambrose Christian High School (208) 323 388.8 dgoodwin@foundationsacademy.org From: Michael J. Melliere [mailto:mmelliere@peckshaffer.com] Sent: Friday, September 26, 2008 8:49 AM To: David Goodwin Cc: Daly, Lynn; wfossel@ziegler.com Subject: RE: Bond issue OK, thanks. Attached are revised hearing notice and approval documents (City Clerk has changed since Cole Valley transaction). Feel free to forward these to City and have them call or email me if they would like more of a legal explanation as to what is needed and why. To get on Oct. 14 city council agenda, we need to publish in Valley Times by this coming Monday. To get final notice published in Valley Times on Monday, we need to have notice 'to paper by Noon Idaho time today. And to do that we need City to review the Notice and confirm we can be on the agenda for Oct. 14. If you can work your magic with the City and make that happen in next few hours, great -otherwise, we're probably looking at Oct. 21 city council meeting. Thanks. From: David Goodwin [mailto:dgoodwin@foundationsacademy.org] Sent: Friday, September 26, 2008 10:4'5 AM To: Michael J. Melliere Cc: 'Daly, Lynn'; wfossel@ziegler.com Subject: RE: Bond issue Thank you for your representation and assistance at that meeting. I will contact the city. The name is correct: Foundations Academy, Inc. All bonds are to be spent on the Meridian campus. David. Mr. David Goodwin Headmaster Foundations Academy/ St. Ambrose Christian High School (208) 323 3888 dgoodwin@foundationsacademy.org From: Michael J. Melliere [mailto:mmelliere@peckshaffer.com] Sent: Thursday, September 25, 2008 6:38 PM To; dgoodwin@foundationsacademy.org Cc: Daly, Lynn; wfossel@ziegler.com Subject: Bond issue David, congrats on your approval at CECFA yesterday, and nice job on the presentation. As part of the financing process, we'll need to have the City of Meridian have its City Council conduct a public hearing and then have the Mayor sign an approval certificate. The approval basically says that it is OK with the City of Meridian if CECFA issues bonds for. a project in the City's jurisdiction. We went through this for Cole 10/27/2008 • • Page 3 of 4 Valley Christian so City should be cooperative and hopefully will remember the reason for the request. Attached are a draft notice of public hearing and a form of Mayor's approval. Can you take a quick look at these and confirm: 1. Project description is accurate 2. Street address for new campus is accurate 3. Legal name of Foundations is correct 4. This is really for Ziegler team - $5.,000,000 not to exceed amount OK? This info is critical as we will only be able to spend proceeds for projects described in, and at address identified in, the public hearing notice. I am assuming all bond proceeds will be spent at new campus, and none will be spent at existing campus, but please confirm. If OK with you, I will contact City Clerk (Will Berg, I believe) to start the process with the City.. If you'd rather make the initial call, OK with me. Thanks much. Michael J. Melliere, Esq. Peck, Shaffer & Williams LLP 175 South Third Street, Suite 600 Columbus, Ohio 43215 phone (614) 233-5403 fax (614) 224-0069 mmelliere(a~peckshaffer.com This advice has not been reviewed with or considered by Peck, Shaffer & Williams' tax department. Additional issues of fact and/or law may exist that could affect the conclusions. Furthermore, this advice is not intended to be used, and cannot be used, by any taxpayer or other person, for the purpose of avoiding penalties under the Internal Revenue Code of 1986, as amended, or any predecessor statute, that may be imposed on the taxpayer or other person. To ensure compliance with certain requirements promulgated by the Internal Revenue Service under 31 CFR Part 10, Section 10.35, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein. 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If you have received this electronic mail transmission in error, please delete it from your system without reading, copying or forwarding it, and notify the sender of the error by reply email or by calling Peck, Shaffer & Williams at 800 927-2663, so that our address record can be corrected. 10/27/2008 • • Page 4 of 4 To ensure compliance with certain requirements promulgated by the Internal Revenue Service under 31 CFR Part 10, Section 10.35, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein. The information contained in this electronic mail transmission is intended by Peck, Shaffer & Williams LLP for the use of the named individual or entity to which it is directed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without reading, copying or forwarding it, and notify the sender of the error by reply email or by calling Peck, Shaffer & Williams at 800 927-2663, so that our address record can be corrected. 10/27/2008 C 5~ NOTICE OF PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE BY THE COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY OF ITS ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2008 (FOUNDATIONS ACADEMY PROJECT) IN THE AGGREGATE PRINCIPAL NOT TO EXCEED $5,000,000 PUBLIC NOTICE. IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Meridian, Idaho (the "City") at the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642 on October , 2008, at or about .7:00 p.m. on the proposed issuance by the Colorado Educational and Cultural Facilities Authority (the "Colorado Issuer") of its Adjustable Rate Demand Revenue Bonds, Series 2008 (Foundations Academy Project), in the aggregate principal amount not to exceed $5,000,000 (the "Bonds") for the purpose of providing funds to Foundations Academy, Inc., an Idaho nonprofit corporation (the "Borrower"), to: (a) finance the costs of, or reimburse the Borrower for the costs of, the acquisition, construction and equipping of a new school building, which building will be located on approximately 8.65 acres of land and will consist of approximately 23 classrooms, administrative offices, library, music room, computer lab and science lab (collectively, the "Facilities"), such Facilities to be located at 6380 North Locust Grove in Meridian, Idaho; (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial costs of any credit enhancement. The Facilities will be owned and operated by the Borrower. The proceeds of the Bonds will be loaned by the Colorado Issuer to ACSI Capital Corporation which will in turn loan the proceeds to the Borrower. The City of Meridian, Idaho will not bear any responsibility for the tax-exempt status of the Bonds, the debt service on the Bonds or any other matter related to the Bonds. Interested persons wishing to express their views on the issuance of the Bonds by the Colorado Issuer or on the nature or location of the Facilities proposed to be financed or refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments to the office of the City Clerk of the City of Meridian, Idaho at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho 83642. CITY OF MERIDIAN, IDAHO By: /s/Jaycee Holman City Clerk • • COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2008 (FOUNDATIONS ACADEMY PROJECT) Pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, including any applicable United States Treasury temporary regulations, the undersigned, the Mayor of the City of Meridian, Idaho (the "Executive", and the "applicable elected representative" within the meaning of said Section 147(f)), hereby approves the captioned bonds to be issued by the Colorado Educational and Cultural Facilities Authority in an aggregate principal amount not to exceed $5,000,000 (the "Bonds"), the proceeds of which will be used by Foundations Academy, Inc., an Idaho nonprofit corporation (the "Borrower"), to: (a) finance the costs of, or reimburse the Borrower for the costs of, the acquisition, construction and equipping of a new school building, which building will be located on approximately 8.65 acres of land and will consist of approximately 23 classrooms, administrative offices, library, music room, computer lab and science lab (collectively, the "Facilities"), such Facilities to be located at 6380 North Locust Grove in Meridian, Idaho; (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial. costs of any credit enhancement. This approval (i) is given following a public hearing held by the City Council of the City of Meridian, Idaho at the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642 on Tuesday, October , 2008 at or about 7:00 p.m., following reasonable public notice published in advance of such hearing, (ii) is solely for the purpose of satisfying said Section 147(f) and any United States Treasury Regulations, (iii) is final and conclusive for such purpose, (iv) is given as of October , 2008. The City of Meridian, Idaho will not bear any responsibility for the tax-exempt status of the Bonds, the debt service on the Bonds or any other matter related to the Bonds. Tammy de Weerd, Mayor, City of Meridian, Idaho • COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2008 (FOUNDATIONS ACADEMY PROJECT) CERTIFICATE OF PUBLIC HEARING The undersigned, the City Clerk of the City of Meridian, Idaho, hereby certifies, that: A public hearing was held on October _, 2008 at 7:00 p.m. at the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642, in accordance with the public notice published in Valley Times and the hearing was conducted in a manner which provided a reasonable opportunity for persons with differing views on the issuance of the above-referenced bonds (the "Bonds"). There was no comment from the public at the hearing regarding the Bonds and there was no written comment received regarding the Bonds prior to the hearing. Dated: October , 2009 • • CITY Of MERIDIAN CITY COUNCIL PUBLIC HEARLNG SIGN-UP SHEET SATE October 28, 2008 ITEM # PROJECT NUMBER PROJECT NAM E 8 Foundations Academy / St. Ambrose Christian School Bond Approval PLEASE PRINT NAME FOR AGAINST (NEUTRAL C~ • COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2008 (FOUNDATIONS ACADEMY PROJECT) CERTIFICATE OF PUBLIC HEARING The undersigned, the City Clerk of the City of Meridian, Idaho, hereby certifies, that: A public hearing was held on October 28, 2008 at 7:00 p.m. at the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642, in accordance with the public notice published in Valley Times and the hearing was conducted in a manner which provided a reasonable opportunity for persons with differing views on the issuance of the above-referenced bonds (the "Bonds"). There was no comment from the public at the hearing regarding the Bonds and there was no written comment received regarding the Bonds prior to the hearing. Dated: October 28, 2008 ~~~~~`"""~ ~ ""''~i,, CITY OF MERIDIAN, ID I~Q~~~~`t ~ ,9~:'%,~ ~o By: Jayce Holman, City Cl k„ . ~, ,~ ,, 90 ~r ,s~ , P.Zo , ',, ,~ O ,` ~, ~ ,,, '~%, ~ilA'"T`~ , ~ ~,,: ~- ! COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2008 (FOUNDATIONS ACADEMY PROJECT) Pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, including any applicable United States Treasury temporary regulations, the undersigned, the Mayor of the City of Meridian, Idaho (the "Executive", and the "applicable elected representative" within the meaning of said Section 147(f)), hereby approves the captioned bonds to be issued by the Colorado Educational and Cultural Facilities Authority in an aggregate principal amount not to exceed $5,000,000 (the "Bonds"), the proceeds of which will be used by Foundations Academy, Inc., an Idaho nonprofit corporation (the "Borrower"), to: (a) finance the costs of, or reimburse the Borrower for the costs of, the acquisition, construction and equipping of a new school building, which building will be located on approximately 8.65 acres of land and will consist of approximately 23 classrooms, administrative offices, library, music room, computer lab and science lab (collectively, the "Facilities"), such Facilities to be located at 6380 North Locust Grove in Meridian, Idaho; (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial costs of any credit enhancement. This approval (i) is given following a public hearing held by the City Council of the City of Meridian, Idaho at the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642 on Tuesday, October 28, 2008 at or about 7:00 p.m., following reasonable public notice published in advance of such hearing, (ii) is solely for the purpose of satisfying said Section 147(f) and any United States Treasury Regulations, (iii) is final and conclusive for such purpose, (iv) is given as of October 28, 2008. The City of Meridian, Idaho will not bear any responsibility for the tax-exempt status of the Bonds, the debt service on the Bonds or any other matter related to the Bonds. Tanury de rd, Mayor, Ci of Meridian, Idaho • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. 9 REQUEST Request for Reconsideration for AP 08-005 Instant Equity Auto by The Land Group AGENCY COMMENTS CITY CLERK: See atMched Request /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY ~ ~~~ ~e ~,eCans l„Q „ ,~~~ CITY POLICE DEPT: 1~5~7 CITY FIRE DEPT: ~-IV~~- Z.1`r~-~~ LS 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 C(ty of Meridian. • LI O~ 4~ .:~ .~-.. -< ,,,rtlt ~ ~ ~+,- ,~ r , ~ jt '~ ~ >a~ a~ _ ~. ~~ it 10221 11N. Fairview Ave. • Bois®. ID 83704 (208) 378-4422 Fax: (208) 376-8822 www. instanteq ufityauto.com 1. The requesting party must have been a party in the underlying action in one of the following: the city; the property owner of the subject property; the applicant for the project; or has presented written or oral testimony at the public hearing where the final decision was rendered; and Instant Equity Auto: Eddy Christensen and Daniel Burrup both gave oral testimony and are the current property owners of 1065 Fairview Ave. 2. The request must be in writing and presented to the city clerk no more than seven (7) calendar days after the council action and decision have been rendered; and Hand delivered 1®/10/08 to city clerk. 3. The request must state a basis for the request and a brief statement of issues and decision that the requesting party is asking to be reconsidered; and Instant Equity Auto: The basis for this request is that after speaking with Councilman l~oundtree and Anna Cunning after the public hearing, we feel we can come to an agreement with members of council and staff regarding sewer connection, cross access, fence, and landscape buffers. IMe ask that council reconsider these issues as we are willing to conform to councils suggestions. 4. The request must include, but is not limited to: a. The party requesting reconsideration has relevant information; and • • b. The relevant information was not previously presented and is in response to something brought up at the previous hearing; and c. The information was not previously available. .Instant Equity Auto: The relevant information for this request for reconsideration is that after the hearing was closed neither we nor counsel offered to negotiate the time lines for sewer connection. We believe a compromise could have been met and the development agreement would have been changed and put in force. ~~~~ Daniel A. Burrup • IN~T EQUITY AUTO, L.L.C. #1089 102 1 WEST FAIRVIEW BOISE, ID 83704 7-10: REQUEST FOR RECONSIDERATION: (208) 378-4422 A. On unified development code (UDC) land use application matters, that are governed by the local land use planning act of the Idaho state code, after a final decision of the city council is rendered, but prior to the findings of facts, conclusions of law, decision, and order are adopted a party may request the city council reconsider their action. This step is optional and does not need to be done to allow the party the ability to appeal a decision of the city council to a court of appropriate jurisdiction as allowed by local land use planning act of the Idaho state code. To make such a request a party must meet the following criteria: 1. The requesting party must have been a party in the underlying action in one of the following: the city; the property owner of the subject property; the applicant for the project; or has presented written or oral testimony at the public hearing where the final decision was rendered; and 2. The request must be in writing and presented to the city clerk no more than seven (7) calendar days after the council action and decision have been rendered; and 3. The request must state a basis for the request and a brief statement of issues and decision that the requesting party is asking to be reconsidered; and 4. The request must include, but is not limited to: a. The party requesting reconsideration has relevant information; and b. The relevant information was not previously presented and is in response to something brought up at the previous hearing; and c. The information was not previously available. B. The city council will consider.the request at the next regularly scheduled meeting and the requesting party is not required to be present. The requesting party will not have an opportunity to address the council; nor shall the council invite the requesting party to provide testimony regarding the matter. The council may grant or deny the request. This will be the final decision of the city council. • C. If the city council denies the request, the city council will then approve the findings of facts, conclusions of law, decision, and order for the affected project. D. If the city council grants the request, the requesting party must pay the fee for a new public hearing within ten (10) calendar days of council grant of reconsideration. If the payment is not made to the city clerk within the specified time frame, the city council shall be noted at their next regularly scheduled meeting and the request for reconsideration shall be rescinded. E. All noticing shall be done in the same manner as all public hearings. If the applicant for reconsideration is not the property owner they may post the notice of hearing sign that is required by ordinance in the right of way, if they have permission of the appropriate authority. The city council may waive this requirement if necessary. The city council shall consider all relevant facts regarding the reasons the property has not been properly posted and may direct any reasonable measures it wants to assure that the public has appropriate notice. The new hearing shall be conducted in the same manner as all public hearings. F. Upon payment of fees, the city clerk will schedule a new public hearing for the application as allowed by this code and all noticing requirements shall be mandatory. The new public hearing and ultimate decision shall be a final action of the city council. No request for reconsideration may be accepted by the city clerk on the decision of the city council from this hearing. G. Only one request for reconsideration by any party may be sought on any project. (Ord. 08-1366, 6-3-2008) U ~~ October 8, 2008 To Whom It May Concern: Eddy Christensen and Daniel Burrup, owners of Instant Equity Auto at 10221 W. Fairview Ave., would like to make a formal request for reconsideration of the hearing dated 10/7/08 item number 11. We have relevant information that we believe will help us derive at a conclusion on this matter. In discussing some of the concerns with staff and Councilman Roundtree, we are confident that these relevant items will satisfy all parties involved. Thank you for your consideration. Sincerely, ~-~l ocr ~~ ~ ?® 08 C~t~, O C,ty C e k p~~ n e Eddy E Daniel A. Burrup • • October 24, 2008 MFP 08-006 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ,layo Construction ITEM NO. 10 REQUEST Request to phase the perimeter and common space fencing approved with final plat landscaping plan for Hacienda Subdivision (FP 05-031) -- east side of Meridian Road, south of East Chinden Bouldevard 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 Staff Report C~ ~ ~ I~o~ 5 2c~ No Comment See affached Comments Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. • October 24, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Una MaS, LLC • PP 08-007 October 28, 2008 ITEM NO. ' ~ REQUEST Continued Public Hearing from September 23, 2008 -- Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas -- 3945 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: Emailed: See Previous Item Packet /Minutes See attached Staff Report prey-r~ ~ft~~rl~ TcY R~~o...Q Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • October 24, 2008 CPA 08-002 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Rose Law Group ITEM NO. 12 REQUEST Continued Public Hearing from September 23, 2008 -- Request for CPA to modify future land use map by changing land use designation for approx. 10 acres from low density residential to mixed use community for Eagle 8~ VBc4ory 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 LRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet /Minutes p~~p,-owe - RNor'~1 ~ are ~esol u-~~^ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shcll become property of the City of Meridian. • • October 24, 2008 AZ 08-010 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Rose Law Group ITEM NO. 13 REQUEST Confinued Public Hearing from September 23, 2008 -- Request for Annexa and Zoning of 3.75 acres from RUT and R1 to C-N zones for Eagle 8~ Victory - NWC of East Victory Road 8~ South Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Pefltion Contacted: Emailed: See Previous Item Packet /Minutes See attached Recommendations o-~ an ~o w ~ -I~d ~a~ Q~~ i ca-~'r Gv~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • October 24, 2008 AZ 08-001 MERIDIAN CITY.COUNCIL MEETING October 28, 2008 APPLICANT Relo Development ITEM NO. 14 REQUEST Public Hearing -- Request for Annexation and Zoning of 9.06 acres from RUT & R1 zones to C-G zone for Overland Village -- 3330 East Overland 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 MERLDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: LNTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Request for Continuance COMMENTS See attached Minutes ~6Y1$jrlue ~l~c 1"t~Qrin~ -~0 122 ~O~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 24, 2008 VAC 08-001 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Relo Development ITEM NO. 15 REQUEST Request for a Vacation of the existing right of way of S. Rackham Way for ®verland Village -- 3330 East Overland Road AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: Co~'~'~ ~ ~ .e tl ~~~ ~`c ~e~n CITY FIRE DEPT: CITY BUILDING DEPT: ~ I~ L. ` ®~ I CITY WATER DEPT: CITY SEWfR DEPT: CITY PARKS DEPT: MERIDFAN 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: Request for Continuance Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • October 24, 2008 MDA 08-005 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Kuna Victory, LLC ITEM NO. ~ 6 REQUEST Public Hearing -Request to modify the Development Agreement of Mussel) Corner for Emerson Park -NEC of S. Meridian Road and E. Victory Rd 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 COllNTY 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 Affidavit of Posting COMMENTS See affached Staff Report ~1~r0~G ' ~r~~are II ~~ VVIo d See affached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian: • October 24, 2008 • RZ 07-021 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Joint School District No. 2 ITEM NO. 17 REQUEST' Ordinance -- Request for a Rezone of 27.89 acres from R-4 to C-N and L-O zones for the property located on the SEC of N. Locust Grove Rd. & E. Leigh Field Drive for Educaflon Campus Commercial- 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 See attached Ordinance ~~pro~e 0~ I~~- OTHER: Contacted: ~G{C MC,~ Date: 10-2-1 Phone: q~~'-(~g~ Emailed: _ ne-}- Staff Initials: TG, Materials presented at public meetings shall become property of the City of Meridian. ~jQ/rE IDIAN*-- • IDAWO November 12, 2008 Re: Education Campus Commercial RZ 07-021 Ordinance No. 08-1384 Dear Applicant or Agency, MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba Enclosed you will find a copy of the recorded ordinance as noted above. Please feel free to contact our office at 208-888-4433 if you have any questions. Sincerely, ~~ , Tara Green Deputy City Clerk Enc. City Clerk's Office - 33 East Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 ~ Fax 208-888-4218 ~ www.meridiancity.org ,~ ADA COUNTY RECORDER J. D0, ~NAVARRO AMOUNT .00 10 BOISE IDAH010~31108 08:45 AIO DEPUTY Vicki Allen ~~~ ~~~~~~I~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ RECORDED-REQUEST OF 108119854 Meridian City CITY OF MERIDIAN ORDINANCE NO. "~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT JOINT SCHOOL DISTRICT N0.2.,THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-021 EDUCATION CAMPUS COMMERCIAL) FOR REAL PROPERTY BEING LOTS 1 AND 2, BLOCK OF EDUCATION CAMPUS SUBDIVISION, AS FILED IN BOOK 86 OF PLATS AT PAGE 9804, RECORDS OF ADA COUNTY, IDAHO, LOCATED IN THE NORTH 1/2 OF THE SOUTHWEST '/4 OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (MEDIUM LOW DENSITY RESIDENTIAL DISTRICT) TO C-N (NEIGHBORHOOD BUSINESS DISTRICT) AND L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: Joint School District No. 2. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Medium Low Residential District) to C-N (Neighborhood Business District) and L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the .State of Idaho, and the Ordinances of the City of Meridian re-zone said property. RE-ZONE OF EDUCATION CAMPUS COMMERCIAL - RZ-07-021 -Page 1 of 3 • • Tbettce South 29°28'40" East, 326,99 feet; Thence 129.7,8 feet slang the •arc of a non-tangent curve tq tkie Iei#„ having ~a radius of 329.00 feet, n central angle of 22°52'47"; and a long chard bearing South 40°SS`02"East, }28:92 feet to aq•angte g:iiint•cotnmon witb tIte,Narthwest botuidazyof Setter Core Subdivision, as died ixr Book 44• bf Plats atPage !1436. records ofAda County, Naha,; Thenct along the boundary common to said Setter Cove Subdivision arrd said. I:ot 2. AIo¢k 1 the follbwmag courses: Thence South 37°38'37" West,1;26:25 feet; '£hence Soutb 00°30'18" West, 301.09 feet to.apaiat lying on the Southerly boundary ofsaid Lot 2; Block 1 aadthe Northam boundary of Suntu~erfield Subdivision Nti. 3, as filed in gook 69 of Plats ai Page 7047, records ofpcda Ccunty, Idaho; 1'heace ~alang the boundary common to said L,at a, flock 1 and said. Suuunerfield 'Subdivision No. 3 and SummcrLteld Subdivision Na. ~. a8 filed in'13ook•69 of Flats at Page 7039, zecards of Adn County, Ida}so, North 89°38'40" Wtst,.1,27925 fcet to the' POINT OF 13E(3INNW E7, Containing 25.87 acres, more or lass. • aY~ 6't M ~pt~~' Steven T. Haug, PLS 4~~1F~® 1450 EasiWscertower~sc -_ Sulta t50 SURVi~ hteridlan, Idaho 83642• ®~ P ~ho~e (208} 646'.8570 Paa• (2~) 884.•5394 Novetnber•9,.?007 DESCRQ'TION FOR ]I.-O 7Al~f E PgOPOS1~:D EDUCATION CAilfPii3 $USDR'ISION N0.2 A portion of lots l 19t Z, Block 1, and East Leigh Field Drive riBhi-of- way, of.Educatioa Campus Subdivision, as filed for rzcord in Hook 86 of Plats at Page 9844, records of Ada County,, Idaho, and also a portion of North Locust Qmve Raad right-of;way, being located lathe North ~i of tho SW~ Y of Section 32, Towaghip 4 I,lottli, Range 1 Fast,13M., Meridian. Ada County, Idaho, and morepaaticularlydescribed as follows: Commeacargat the West'/. corner of.said Section 32. thence along the west boundary of the SW '/. of said Section 32 South 00°31'04" West, 318.77 feet to the REAL POIh1'I' qF BEGINNY•riG. t~nce SouW 89°38'40" East, 433.73•feet; therlee North 00°Z 1'20" Fast, 2ti7.7b feat W a point oatlte centorline of East L• eigh Field Drive; Yheace along said centerline: thence South 89°34'35" East,_~483.39 feet to.a point of Curvatare; thence.3] 4.68 fact. along the arc oP a curve to tho right; said curve liavin$ a radius nF 300.00 feet, a delta angle bf b0°OS'5.5'+, and a long chord beatir-g South 59°31'3T' Easi, 300.45• Feet to apoiat oftangency; thence 5oath 29°28'40" East, 3.27.2Q feet to a point of curvature; thence 119.41 feet along the src aFe chive to the IeR, said cuive'haviog a radius of 300.00 feet, a delta eagle of 22°47"29", and g long chord bearing South 4b°~52'25"'East,118.SS feet; Thentx leaving said ceaUerlne South 37°38'3T' West, 151.60 feet; Thence South 00°30' 18" Went, 301.09 feet Thence North 89°3 8'40" West, 1327.25 fact to a point on the west boundary of the •S W '/~ of said Section 32; Aro.tesatoda! Land Surveyors October 24, 2008 RZ 08-002 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT Meridian Library District ITEM NO. 18 REQUEST Ordinance -- Request for a Rezone of 0.55 acres from R-4 to L-O zones for Meridian Ubrary Parking Lot Expansion -- 1727 North Leisure 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: fNTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Ordinance aPP~~e ~~- i3t55 OTHER: _ Contacted: ~ ~n ~e ~ S Date: I'O-Z Phone: -~ 2 3 Emailed: gin-~n1 ~S~~ -,m l2rr^h.~C~C1~Staff Initials: T~~ , Materials presented at public meetings shall become property of the City of Merfdfan. i ADA COUNTY RECORDER J. DA~IAVARRO AMOUNT .00 801SE IDAH010l31108 08:46 A DEPUTY Vicki Allen ~~~ ~~~~I~'~~~~~~~~~~~~~~~'~~~~~~~~~~ ~~~ RECORDED-REQUEST OF 10$119$55 Meridian Ciry CITY OF MERIDIAN ORDINANCE NO. 0 ~ ~~a~ BY THE CITY COUNCIL: BIRD, ZAREMBA, ROUNTREE, HOAGLUN AN ORDINANCE FINDING THAT MERIDIAN LIBRARY DISTRICT, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-08-002 MERIDIAN LIBRARY DISTRICT) FOR REAL PROPERTY BEING A PARCEL OF LAND IN THE SE'/ SW 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE- ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) TO L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER; AND THE IDAHO STATE TAX COMMISSION, AS REQUIItED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Meridian Library District. SECTION 2. That the above-described real property ishereby re-zoned from R-4 (Low Residential District) to L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF MERIDIAN LIBRARY DISTRICT - RZ-08-002 -Page 1 of 3 u • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of (~' ~7 ~-~ , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~~ ~ , 2008. MAYOR T MY de WEERD ATTEST • \\\\~~~y ~OFu~,~Jpf ~~~~. ,~ .q '' L ~~ \~ JAYCEE L. HOLMAN, CITY RK `' :'90 UST1S~• ,ZO: ,,,,,, ~ c `o \`\,,, Q' RE-ZONE OF MERIDIAN LIBRA~'Yr~~~'G~~~~RZ-08-002 -Page 2 of 3 • STATE OF IDAHO, ) ss. County of Ada ) ~p On this G n ~ day of~ ,~ , 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. ~®~~~ ts•QOS• (SEAL) ®: ~S; ~® ~.G~,~~•~~o o ;' T`~ '~`~ o ~ , o pG ~ ~® r ~ D ~ ~ ~ ~ ~ ~ 'tn ' ~ e s ~ ~ ~ •,9 ~ i -_ _ IC • ~'•~F eIDA~o°• NOTARY PUBLIC OR IDAHO RESIDING AT: I MY COMMISSION EXPIRES: -~ ~ "1 f RE-ZONE OF MERIDIAN LIBRARY DISTRICT - RZ-08-002 -Page 3 of 3 • • .r ~ . Legal Description E9CHiBIT A ~~~~ A panel of taaid Ib~d br fife S~ 41A SW 9!4 of Sedi~an 1. T.owns4tp 3 Nar1h, Range 1 N1f~, ! A9er~n, Ada Cauldy, ideho, Dairy more ~rt~la~iyde&i;~ed a3 fof: fo~iC1AlG ~ the sout>tiWeat a~ner o4 ea1d:8E 'If4 SW 1/4 of tin i (W 1116 Comet) of wid Sec9Non 1, t~(ng;ht~i~riledtiyatounitfil6° ret~r; Theme South 681`26° Eerst, coir~stlFvalNi ihs 6outheity line.ofae~ SE •114 8W 11'4 of Ss~n 1, a distar-oe of 213.00 feet; Thence Nocih 40°{f2'18" Eaef, peseilel ~h the ts~erlq Ma of said SE 114 SW 114 ot.SecBan 1 ~ a distance ~of 44.00 f~ to the POAVT E3f !'~CytAtftf tfIQC Thence cor~ulrtg North 170°02'18° !~ parepel wiUl th8 v Dne of ~! 9E 1/4 SW 114 of Swan 1. a of1<~.ODfest; Tla9nca North 8Ef 34'2B° V11esL parailN with.the sou~~r line of ~d SE 9/4 SW 1l4 afSa6tion 1, e d~tanCe of 105.40 feetr Thence Nor@r Oi3°~'18° Ead, parallel wt8t the uvealady lbte of said' SE 1/4 SW 914 of semen 1. e d~tarice of 1~ OD i~ Thence SoaB~ 8S°34`26° Easy, para~sl , the ~utherty line of spa .se to t~inr114 of se~lon ~. e dtstance of ssoo Thence North b0°O2'18" Earl, pan~ilet Ure°westerii- Wre sf •said SE 714 SW 114 of Section 1, a db~ce ot` 3D:00 iii; lirertr;e South 88°34`26" East. pera><eTwith li-e ~udnirty Me of said 6E 114 $W i/4 0? 3eatbn 1, a dts~ of~80:42 (es>~ Ttumoe Sssra4h QO°bti'37' Waal, peral[et'a~i- the east line of9re W 314 W 412 SE 114 SW 914 of mid SecNcn 1, a d ot280.00 tee Thertae Noelh 88~4'Z~. Went, pa~aFvvJm the eoutl~r'8ne of said SE 114 SW .7/4 of Ssc~n 1, edistertee ai4t3A9 feetio th8PO1N1't7FBEOQIMA1i~. The area above canlab~ b:6i9 . mare or les®. l1~ of Deertbtgs S.Grid North. Idaho Sts1a pine Caordina~ Systasn, West Zone. ~~""y~. 'i~a~o6 ~•~~ RKS O 0 4f • ~• • OF ~~OA~ 1, `?q `9/O~L~,/~Re~1 ~}~~~,j~11®73L IAN. dWK Fd~VryLgYJ~f~9 dl/[fFi® 2008 NN0130i02'i8'°E S89.34'28"E 3b 00' ~ 80.02' 58934'28"E 95.00' N®T TO SCALE W ~ $. w~ g ° o ,g N N8934~28"W !05.00° POJ31T'l Oli` a~ar~Ana~ra APR 13 , MERIDIAN PUBLIC ~ 1/18 COIRAIEI~ SgCTlQA1 1 ~, WQRKB DEPT. ~ 5 ~ AR Y1l #F! r.r..r~.i .~ ~5l48 34'2$`E 219 00_. }~ A. COY LAN1e ~~ ~ F~V'j' OF COA~NCEMEIVT 3507 W r$f~et, 8ufte?AO Bogs, iD ~TCS 308.342400 Fetc 208343-5363 +erouw wh~cB~aom 0 ao ~. QW m ." o~ O 2 ,. 45:49' a • October 24, 2008 • AZ 08-008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT The Land Group, Inc. ITEM NO. 19 REQUEST Ordinance -- Request for Annexation and Zoning of approximately 5 acres from RUT to R-8 zones for Redmont Health Services -- 5075 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 See attached Ordinance ~rO~ ~- ~~ - 1~~1Q Contacted: Ya n Emailed: \(ar~l~ Materials Date: e~-Z7 Phone: q?jq - 4Q4 ~. ~~ ~~(~~~ Staff Initials: T6 public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAV',.:1UARR0 AMOUNT .00 BOISE IDAH010/31/08 08:45 ANi~ DEPUTY Vicki Allen I~~ ~~I~~~~~~~~~~~~~~I~~~~~~~~~I ~~~ ~~~ RECORDED-REQUEST OF 10$119856 Meridian Ciry CITY OE MERIDIAN ORDINANCE NO. ~ /~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE . (AZ 08-008 REDMONT HEALTH SERVICES) FOR ANNEXATION OF A TRACT OF LAND SITUATED IN A PORTION OF THE NORTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND. USE ZONING CLASSIFICATION OF SAID LANDS FROM Rl (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE' TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that theaCity of Meridian has. received a written~request for annexation and re- zoning by the owner of said property, to-wit: Thorval Howard Entrepreneurial Fund 1 LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from R1 (Ada County) to R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the caws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - AZ 08-008 REDMONT HEALTH SERVICES Page 1 of 3 ~- H ADA COUNTY RECORDER J. DAVI~VARRO AMOUNT .00 F • BOISE IDAH010I31l08 08:45 AM II VIII I I) ICI DEPUTY Vicki Allen 111 ~ I'Ii 11 11 l l l 11 l 11 11 11 l RECORDED-REQUEST OF 108119857 Meridian City CITY OF MERIDIAN ORDINANCE NO. 1/4 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT MERIDIAN LIBRARY DISTRICT, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-08-003 KENNEDY COMMERCIAL CENTER) FOR REAL PROPERTY BEING A PARCEL OF LAND IN THE SE'/o OF THE SW'/a OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L (LIGHT INDUSTRIAL DISTRICT) TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA,' STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: DBSI Meridian I84 LLC. SECTION 2. That the above-described real property is hereby re-zoned from I-L (Light Industrial District) to C-G (General Retail and Service Commercial) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area. maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF KENNEDY COMMERCIAL CENTER - RZ-08-003 -Page 1 of 3 --, ~~ SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2~~ day of ~~'~bt,~ , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~~,~ _, 2008. ATTEST: ~~AI, _ `~ JAYC L. HOLMAN, CIT~~CI,~ T ts~ ~°p ~O``~ ,,~~4,9 ~QP \~,: RE-ZONE OF KENNEDY COMMERC1~d7~~CrET~1'~ER - RZ-08-.003 -Page 2 of 3 • October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. Z~ REQUEST Ordinance -- Amendment to Mossctge Ordinance 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 Ordinance ~~~v~ p~- 138`S Contacted: ~ Date: Phone: Emailed: ~ Staff Initials: Materials presented at public meetings shah become property of the Clty of Meridian. !~ ~ CITY OF' MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING TITLE 3, CHAPTER 6, SECTION 16 OF THE MERIDIAN CITY CODE, RELATING TO MASSAGISTS AND MINORS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian, by and through its Mayor and City Council, are empowered to pass ordinances related to the health, safety, and welfare of the community; and WHEREAS this ordinance has not been updated for a number of years and the standards and practices of the industry have changed; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Title 3, Chapter 6, Section 16 of the Meridian City Code is amended to read as follows: 3-6-16: ~ PROHIBITED ACTS: It shall be unlawful for any } licensee, or their agent or employee: A. Minors Restricted: To permit any person under the age of eighteen (18) years to come or remain on the premises of any massage establishment for the purpose of receiving ~~ + i.,; ~, o * ~~rt;r~ o ~„ „~,. unless a massage Qr-m~~z~ra~.rzrgc-c~cccvar~xmr~r~zu-~~~ug~~ , :::Y.., j ~., .,r Y.,~..,~, such licensee agent or employee is in the possession of notarized, written consent from a parent of such minor specifically authorizing such licensee, a eg nt, or employee to massage such minor which writing shall remain on file with the licensee, agent, employee, or establishment. B. Liquor Prohibited: 'I'o sell, give, dispense, provide or keep, or cause or permit to be sold, given, dispensed, provided or kept, any alcoholic beverage or liquor on the immediate premises of any massage establishment. C. Employ a Minor as an Employee, Massagist or any Unlicensed Massagist: To employ a minor as an employee or massagist of an establishment or T to employ any person as a massagist unless such person has obtained and has in effect a license issued pursuant to this Chapter. D. Allow Prohibited Acts To Be Performed: Owning, renting, leasing, operating, or managing a massage establishment, and knowingly to cause, allow or permit in or about such massage establishment, any agent, lessee, employee, or any other person under his control or supervision to perform such acts as may be prohibited bylaw. MASSAGE LICENSE ORDIANCE AMENDMENT- Page 1 of 2 • SECTION 2. That, pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon approval. PASSED by the City Council of the City of Meridian, Idaho, this Z$} day of Q'`}-p ~ , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this }``day of C~tOb~~ , 2008. t2r' ~e A y" ~o l-~(~ ~7L• diY~ 9j ~~ "~1 ,~ ~ ~O ~r~s~~ .r0 '~~~''9coUfVT`l ~ ~P`~~\\` ~~~~~~!„~~~i ~~n~~r~~ ~ MASSAGE LICENSE OItDIANCE AMENDMENT- Page 2 of 2 • • APPLICANT REQUEST Ordinance -- Private Sewer Disposal System Ordinance AGENCY COMMENTS October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 ITEM NO ZZ 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 Ordinance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • CITY OF MERIDIAN ORDINANCE NO. - BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 9 CHAPTER 4 SEWER USE AND SERVICE OF THE MERIDIAN CITY CODE PROVIDING FOR PRIVATE HOME ASSOCIATION LIFT STATION REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate the general sewer requirements; WHEREAS, this ordinance is to amend the City of Meridian Sewer Pretreatment Ordinance, passed by the City Council of the City of Meridian on October 5, 2004 (City of Meridian Ordinance no. 04-1105); NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 9 Chapter 4 Sewer Use and Service of the Meridian City Code is hereby amended as follows: 9-4-2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows: ~9-04-2008) ACT: The federal water pollution control act entitled public law 92-500, and its amendments of 1972 as administered by the United States environmental protection agency (EPA). BOD: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter (mg/1). BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge of sanitary waste inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the point of connection with the public sewer. t ~~ CITY: The city ofMeridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto. SEWER USE AND SERVICE ORDINANCE AMENDMENT- 1 OF 6 ~~ `' COMBINED SEWER: A sewer receiving both storm water runoff and sanitary sewage. FLOW: The volume of sewage being discharged into the sewage system from all sources including domestic, commercial and industrial uses and infiltration (WW). GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL USERS: Any nondomestic user with an indirect discharge of effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. This term includes federal, state, and local facilities as part of the regulated community, since such entities are subject to federal pretreatment regulations. See chapter 2, "Sewer Pretreatment", of this title. INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, etc. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. OWNER: A person owning real property which is, or proposes to be connected to the sewage system. PERSON: Any individual, firm, company, association, society, corporation or group. pH: The logarithm of the reciprocal of the weight of hydrogen ions. in grams per liter of solution with a pH value of 7 being neutral. PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. PRIVATE LIFT STATION: Privately owned and operated pump station positioned in the sewer system at which wastewater is pumped to a hi~,her level. (9-04-2008) PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. SEWER USE AND SERVICE ORDINANCE AMENDMENT- 2 OF 6 • i October 24, 2008 MERIDIAN CITY COUNCIL MEETING October 28, 2008 APPLICANT ITEM NO. Z3 REQUEST Executive Session per Idaho State Code 67-2345(1) (c1J 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.